Bonum Certa Men Certa

How to Salvage the EPO's Reputation: Create More Boards of Appeal in Europe and Abolish the Misguided UPC Fantasy

It is no secret that Battistelli resents the boards which he's increasingly afraid of

Software patents protest against EPO



Summary: A critical evaluation of what goes on at the European Patent Office (EPO), which is quickly descending down (and overall degrading) to the level of Chinese systems, along with the corruption, the abuses, and the low quality of patents

THE EPO (speaking collectively of the management, not examiners) is a liar and a propagandist. It uses 'creative' statistics to make it seem as though things are all rosy [1, 2, 3] and Web sites which prefer to believe anything that EPO marketers claim still repeat the talking points, albeit there's one element to it that can be counted more objectively, e.g.:



The number of inter partes oppositions decided increased by 17.6% to 3,713. In 31% of the decisions in opposition, the patent was maintained as granted. The percentage of patents revoked in opposition was also 31%. In the remaining 38% of the cases, the patent was maintained in amended form. The proportion of patents opposed was 4.4%.

The performance of the Boards of Appeal shows a steady state as regards the number of technical appeal cases decided. Some 2,387 technical appeals were received, of which 1,523 were opposition appeals and the remaining 864 were examination appeals.


What this generally tells us, in simpler terms, is that more than a thousand EPO patents were ruled invalid by the Boards of Appeal upon closer scrutiny. That's a lot and some of these applications (not granted) which the board looks at are software patents in disguise (the G3/08 referral dealt with software patents more than half a decade ago). There can be billions of dollars at stake (bogus patents) and those who typically benefit from it exploit pressure and urgency against examiners. The EPO needs more of these boards and less of those maximalists who flaunt bogus figures, wrongly insinuating that more patents is more "production" (as if the goal is to just grant more and more patents irrespective of their merit).

This very recent analysis from a patent lawyers' firm looked at IP5 Offices (the big patent offices) and stated: "The biggest difference in claims format between the IP5 offices is in the requirement for “one-part” versus “two-part” claims. The State Intellectual Property Office of the People's Republic of China (SIPO) is the only office that mandates “two-part” claims, while the European Patent Office (EPO) prefers a “two-part” claim form. A claim is considered to be in “two-part” form if it lists some elements, then contains the phrase “characterized in that” or “characterized by,” and then lists one or more further elements. The latter elements (or the “characterizing portion”) are considered to be the novel or inventive features of the claimed invention, while the former elements are deemed to be found in the prior art. A “one-part” claim, on the other hand, does not identify any features as belonging to the state of the art. “Two-part” claims are not required or encouraged by the other three IP5 offices. The EPO also encourages reference signs placed within parentheses in the claims. The reference signs relate to technical features identified in the drawings of the patent application. Under European Patent Convention (EPC) Rule 29(7), the reference signs are only used for increasing the intelligibility of the claims and are not construed as limiting the claims."

What we find amusing here is the similarity between the EPO and SIPO, which Battistelli evidently loves and emulates so much (including, apparently, human rights aspects of China). Just watch all those recent announcements and raves from Battistelli about SIPO (not the Croatian one from which Battistelli got his aggressive attack dog, Željko Topić). SIPO's patent quality (and language barriers) is probably a lot worse than even the USPTO, where patent quality became a farce quite some time ago.

Battistelli is gradually killing the EPO by harming its reputation and lowering the quality of patents (which used to justify the very high prices of patents and renewals). Battistelli, an ENA graduate, is seemingly convinced that a race to the bottom is what will help the Office. How wrong is he. Battistelli, moreover, keeps lobbying for the UPC (even earlier this month), which would possibly make all or some of the boards redundant. It guarantees a decline in patent quality.

UPC boosters like MIP continue to pretend that the UPC is almost here (forget it, this might die pretty soon, just like previous incarnations) and a UPC monetisation firm now says that Lithuania is prepared to shoot itself in the foot with this UPC ploy. Have EU corporatists threatened nations with sanctions again (unless they adopt the UPC)? To quote the UPC monetisation firm:

The Lithuanian government has submitted draft legislation to the Seimas (the unicameral parliament) to enable Lithuania to ratify the UPC Agreement and to form, with Sweden, Estonia and Latvia, a regional division of the UPC. The draft legislation, submitted on 9 March 2016, includes: Bill to ratify the UPC Agreement, Bill to ratify the Agreement on the establishment of a Nordic-Baltic regional division of the UPC, and Bill to amend the Patent Law. The bills currently show a date of entry into force of 1 July 2017.


What Europe needs more of is independent boards. Those are the boards which, just like US patent courts, are able to objectively assess patents without the incentive to grant (unlike patent offices). The UPC goes against all that by potentially abolishing the boards and increasing costs (litigation rather than appeal at a board level with European-wide implications for 'damage' calculations and injunctions).

Battistelli is still out of his mind and he needs to be stopped.

Recent Techrights' Posts

In Malawi, Windows Down to 10%, GNU/Linux Growing
it's not a small country
[Meme] Featuritis
Newer is not always better
Ireland Last to Report Election Results
Daniel Pocock's involvement in Australian politics goes back to his university days
Never Sleeps, Never Slumbers
We're going to try to improve not just in quantity but also in quality
EPO Has Gotten So Bad That Workers Need to Ask to be Allocated a Desk (at Work)
Wow!!!! An “allocated workplace”!!
 
New Highs for Android in Haiti (Nearly 80%), Microsoft Windows at Only 4%
that's Android at another new high and very close to 80% (it now seems inevitable)
[Meme] How Stefano Maffulli (and Microsoft's Own OSI Insiders) Make Money
Milking what's left of the OSI by attacking its very mission - something that more people now recognise
Mobs Don't Get the Job Done (Mob Leaders Have Lost Credibility/Visibility, Job, or Both)
their demands weren't met
Montenegro: GNU/Linux "Proper" at Over 6%
Windows is down to record lows
Links 13/06/2024: Overpopulation Woes, Best Buy Lays Off More Employees
Links for the day
Nationwide Eventually Did Listen
Miles better than their original nonresponse
The Corruption of Open Source Initiative (OSI), a Front Group of Microsoft and GAFAM, Openwashing Proprietary Things and Even Plagiarism, GPL Violations
Stefano Maffulli (and Microsoft's staff that works with him) basically profits from anti-FOSS
"AI" Tech Bubble
How much "hype quotient" does this whole "hey hi" (AI) thing have left in it?
Links 13/06/2024: Science, Politics, and Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 12, 2024
IRC logs for Wednesday, June 12, 2024
Gemini Links 12/06/2024: The Rodent Revolution and Adding Twisty Puzzles
Links for the day
Links 12/06/2024: Ukraine War Updates and Many Patents Being Subjected to Squashing Bounties
Links for the day
[Meme] The Purpose of Life is to Find a Desk
dogs have desks
Tux Machines Parties Going Well Do Far
Cross-posted from Tux Machines
In Many Countries, Both Large and Small, Vista 11 is Losing Market Share (Despite New PCs Coming Preloaded With It)
One need not even consider large nations in isolation
By "Going Public" the Raspberry Pi Ensures It'll No Longer Serve the Public
It'll be owned and controlled by whatever people wish to control it
Dave Wreski Also Plays the Bot Game (Chatbot) at LinuxSecurity to Fake 'Articles' About "Linux"
How much longer can they fool search engines (SEO) and readers?
[Meme] Indisputable Success
MICROSOFT buys shares of MICROSOFT
Links 12/06/2024: 'Hey Hi' (AI) Bubble Imploding Already, Danish Media Threatens to Sue OpenAI
Links for the day
Links 11/06/2024: Floods in Germany and Brazil, Political Violence
Links for the day
Gemini Links 12/06/2024: Sketching Plants, OpenBSD Pubnix
Links for the day
"2025 the year of Linux on the Desktop"
Charlie Stross quote
In Bahrain, Historically Low on GNU/Linux Adoption, Things Change for the Better
They have some people who understand Free software
Daniel Pocock Received Twice as Many Votes as Andreas Tille (Debian Project Leader After 2024 Election)
From the media yesterday...
Debian is Built by Hundreds of Volunteers and 524 Irish People Voted for Daniel Pocock
524 in that area went to the polling station to vote Daniel Pocock (Ind)
[Meme] RMS is 'Too Old', Says Company Run by a Person 5 Years His Junior (Ginni Rometty) and 10 Years His Junior (Arvind Krishna)
Never again?
[Meme] Women in Computer Science
Grace Hopper, Ada Lovelace etc.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 11, 2024
IRC logs for Tuesday, June 11, 2024
Togo: GNU/Linux Growing Fast This Year, Now Measured at 6%
Sending Bill Gates with a suitcase to bribe African officials isn't enough anymore
Free Software Projects Need to Chase Away Men Who Attack Women Rather Than The Women Who Complain
A just society holds people accountable rather than covers up such blunders
Improving the Image of Women in Free Software by Hiring and Promoting the Proficient Ones
Million's shaman background isn't the problem, or even the superstitious ghost-chasing. The problem is that she has absolutely no background in Free software.
They Say Cash is King
People who value their freedom will pay with cash any time they can
'Team Microsoft' Wants to Leverage Our Popularity as a Weapon Against Us
In the past 2 days we published 64 articles and served over a million HTTP/S requests
[Meme] Microsoft Has Enough of Its Own Problems (Layoffs Abundant), It Won't Rescue IBM or Canonical
"It's OK, we're partners"
Know Your Allies, Know Your Enemies
The answer to censorship attempts is more speech, not less speech
Debian is Back to Taking Money From Microsoft, the Company That's Attacking Linux From the Inside
If Debian fails to understand what's wrong with it, that's a problem
Ghana: Windows Down From 97% to Just 15%
The doors are closing on Windows
Links 11/06/2024: Practice of Retaliatory Layoffs at Microsoft
Links for the day
Gemini Links 11/06/2024: GMID 2.0.5 and More
Links for the day
The United States Will Cut Off or Cull Firefox
It is only a matter of time
[Meme] Firefox Is Not an Alternative to Google, Only to Chrome (and It Has Become Proprietary or OSPS Like Chromium)
The illusion of remaining "choice" on the Web
No, the World Wide Web Isn't Open (and Hasn't Been for Years)
It's proprietary all the way now
The War on Free Software Reporters - Part VII - Groupthink, Censorship Demands, and Ultimatums
There's a lot of groupthink in the Free software community
Microsoft Told Us That LLMs Were a Boon for Azure and 'Clown Computing', But the Thousands of Layoffs This Month Prove That It Was a Lie All Along
Azure is collapsing
Why We Post Statistics About the Usage of Operating Systems Worldwide
We're hoping to see GNU/Linux at over 10% (on desktops/laptops) some time in the coming years
Winning Defamation Cases is Incredibly Difficult (for Plaintiffs), Even in the United States and the United Kingdom
SLAPP should always backfire
In Kuwait, Microsoft's Windows Fell From 97% to Just 15%
According to statCounter
GNU/Linux in Philippines Climbs to New Levels
This is an all-time high
Links 11/06/2024: Windows Outcry and Climate News
Links for the day
Tux Machines Was Always a Women-Run Site (the Real Voices of GNU/Linux, Not Political Props in Corporate Events)
Corporate "diversity" is more of a marketing/PR gimmick than real, genuine diversity
Macao: GNU/Linux Desktop/Laptop Operating System Market Share Rising Close to 7%
GNU/Linux Rises to Record High in Macao
FSF is Now 50% Female, Unlike Red Hat (Which Moaned About Lack of "Diversity" at FSF)
Isn't the hypocrisy just astounding?
Since COVID-19 Lockdowns Windows Fell From Almost 50% to Just 10% in Loas
According to statCounter
[Meme] Quantity Says Nothing About Worth, Value, or Quality
People will generally gravitate towards things of quality and reputation
Microsoft's Windows in Gabon: From 20% 'Market Share' Down to Around 10% in a Few Months
Gabon is not a small country
Meanwhile at canonical.com
Canonical knows exactly what Ubuntu users want
[Meme] Microsoft (and the NSA) Will Never Forget
The user trying to permanently disable 'recall'
Windows Falls Below 20% in United Arab Emirates This Month
According to statCounter
"Windows 11's Recall AI, known to take snapshots and recordings of user computers regularly, including key presses, was discovered to store all its information in an unencrypted local folder."
"You can copy the data from another user's "recall" folder as another user."
Fedora Week of Diversity (FWD) 2024 Outsourced to Proprietary Spyware of GAFAM
Need to use proprietary software to participate
IRC Proceedings: Monday, June 10, 2024
IRC logs for Monday, June 10, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] Clown Computing is Better For...
Clown: they said clown computing enhances security
One in a Thousand Voters Chose to Vote Daniel Pocock (as First Preference)
He got about 4 times more votes than what had him win FSFE elections
Daniel Pocock on Good Performance in His EU Election Campaign: Thanking the voters of Midlands-North-West, Ireland
Reprinted with permission from Daniel Pocock
The 'IT Industry' is Already in Ruins
The "powers that be" do not want the "hoi polloi" to possess skills and systems
Microsoft's Windows is Sliding Away Into Minority Platform Territories, Even in Rich Countries With Affluent Computer Users
We seem to be striking a nerve at Microsoft every time we say this
Self-Hosting Should be Taught and Embraced, Outsourcing Creates More Problems (or Risks) Than It Solves
One can control one's destiny...