Bonum Certa Men Certa

What Insiders Are Saying About the Sad State of the European Patent Office (EPO)

At the EPO, from anonymity comes transparency and honesty because in some countries, including Eponia, journalism strictly requires anonymity (fear of retribution)

A venetian mask



Summary: Anonymous claims made by people who are intimately familiar with the European Patent Office (from the inside) shed light on how bad things have become

OUR previous post spoke about growing concerns about EPO layoffs that would eliminate much of the brainpower and set the stage for rubberstamping (or very superficial examination, maybe by machines rather than professionals). We sometimes hear from insiders who let us know just how terrible things are looking from the inside. Airing some concerns seems imperative if the goal is to better inform not only staff but also applicants, politicians, and the general public.



Patent Quality and End of Stock (Potentially Staff Layoffs)



Regarding patent quality, an EPO examiner told us that he or she "got a list with EP grants that are not new where the search work was soooo appalling you can hardly believe it [...] because that is the latest development, Munich-style searches become standard..."

This examiner further explained that "for us quite easy to find in the overall workload system... our guess is, within 2 to 3 years we are out of stock (also for examination) and than the big question is what next with us examiners..."

This relates to a topic we covered earlier this month as well as in our previous post.

Software Patents



When asked about software patents, which the EPO typically calls "computer-implemented" in order to dodge the negative connotation and explicit exclusion, this examiner told us that the Office would "sometimes grant controllers, but it is always linked to an apparatus (a control for ...)" (that's the loophole set up in the Brimelow days, now exploited also in India and New Zealand).

So, in simple terms, both patent quality and patent scope are being compromised. What gives? The examiner confesses that "there are plenty of bad grants, but it is now getting an epidemia" (maybe epidemic).

Some examiners begin to wonder what the EPO is trying to accomplish under Battistelli. This examiner said, "the question is, are patents a goal or just a means?"

"Minnoye is the Real King Slayer"



Asked about Battistelli's role, this examiner clarified that "in our opinion he is not the worst but that is Minnoye ... he is the real king slayer, the one who makes the big damage to the EPO."

"CPC [the classification project with the US] is killing us," this examiner added, "basically, a lot of the "production increases" got paid by putting less man hours in the classification activities ... we say; He who controls the classification in fact controls the patent quality ... this year 2016 will see an enormous rise in grants ... [we] now (as in today) grant a lot of stuff that was 10 - 15 years ready on the shelves ... meanwhile we neglect collectively the classification system, no maintenance, no new development, no one feels responsible anymore ... meanwhile a lot of window dressing is going on, it is incredible the production goes up sky high and the quality also... [examiners] had to wipe some dust from the yellowed file folders... IAM is in our opinion not important at all, that is only our own specialist peer group (per technical field)..."

This serves to confirm some of what we said about so-called 'production' increases. They're just clearing the shelves (old applications) without paying much attention to quality of patents. It cannot go on for much longer and when it's all done and finished there's expectation of massive layoffs, never mind the collateral damage of tens (maybe hundreds) of thousands of poor patents in Europe, serving to ensure a climate of frivolous litigation and patent threats.

"Only the "Recognised" [Yellow] Union, i.e. FFPE, is Invited"



Remarking on the so-called 'social study' (which was released late on Friday; there are 3 reports on the intranet), the examiner told us that "the next funny event to come is 14 Oct. a social conference one day before AC meeting ... it will go from top to root ... it will be sold as a success" (to influence delegates with a pile of lies).

Adding insult to injury, and ensuring no dissent, "only the "recognised" union, i.e. FFPE, is invited (SUEPO of course not)," the examiner noted. So it's truly a Kool-Aid event. The whole thing "is in a way a media war ... for most EPO issue money is not really a problem , but just a means ... for us, it is the whole setup with this weak AC on top of the water head that is the problem ... plus that seriously not a single politician is interested..."

Those who say SUEPO tries to undermine the Office are clearly not paying attention; the aim is to actually save the EPO. "I do not want to harm," the examiner told us, "but what we need is a transparent system without secret working contracts, without paid coverage, and without badly searched applications..."

The examiner explained that "money is no 1" to these people, "but in our opinion it should be simply that we do our duties, not more and not less." To the management, says the examiner, "money money money that's what it is all about," but "renewal fees for the Office will sink dramatically (in the report called NRF)," so the gains are short term and will be extremely costly once the stock runs out and many bad patents have been granted. "Theoretically," the examiner added, "the Office will collect 50% of the state renewal fees (which can be zero)..."

"More Useless Stuff"



According to what we learned, not only did the EPO get scanners to treat the staff as though they're boarding the plane; They got some "more useless stuff" (for bags).

Regarding "20 million [Euros] for the reward package," the examiner called it "a shitty deal for us" as "we are being separated in the Have's and Have-nots" and in "2015 all directors and principal directors got heavily rewarded... but the examiners not [as part of] 9 million for pensionable awards like salary step increases, and the rest for 2 types of bonuses and one-off rewards [...] they did nothing, it was the examiners and the administrative staff, you should have seen the huge piles with grants, it was incredible ...] I mean piles to the ceiling, earlier this year ... we are now basically emptying our stock (examination) and it is going pretty fast ... and the good news is, we are even rewarded in case of oppositions! The bulk that is granted now still has pretty good search reports, but that is going to change quickly ... in case of an opposition, we get time like 2 or 3 days [and] that is good for our productivity ... some directorates got 3 times more oppositions as their counterpart (which should be kind of identical) ... the new mantra is: Timeliness. But not a single applicant is interested in this, they want quality ... believe me, if you put so much money in your patent portfolio you want a certain quality I have been in at least 20 huge companies and they all conveyed this message (think of: Philips, Daikin, Mitsubishi, Honeywell etc etc) ... there are still capable courts active in Europe who decide on the validity of a patent ... EpiPen in the US is another perfect example, complete bogus of course ... they got a patent on the safety cap, and now charge like 150 dollar for something costing 10 bucks before (thanks USPTO)..."

"UPC is a Lame Duck"



When asked about the UPC, the examiner told us that the "UPC is a lame duck, but the duck does not want to know this."

We were kindly asked to "realise that a UPC judge is going to earn less than an experienced EPO examiner, so they can forget about attracting skilled people except from Eastern Europe."

Speaking of judges, there will soon be a verdict (at the end of the week) from the Dutch High Court. SUEPO will probably be writing something about it, but examiners expect nothing out of it. Either way, the EPO plans to disregard the court's decision anyway (thanks, Mr. Minnoye, for an epic confession on Dutch television).

"By laughing the misery away we survive," the examiner told us, "like being in the trenches ... not all is true in the end, but where smoke [there] is a fire."

Recent Techrights' Posts

Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
Government Sites That Use Centralised CAs Are Still Remotely Controlled by MElon and GAFAM at the Oval Office
Even governments outside the US
Eternal Vigilance
I too received more death threats than I can recall over the years
Asking Journalists to Pay for Merely Reporting Violent Abuse Against Women (and Telling Them to Kill Themselves)
As regular readers are likely aware by now, for material we published years ago some likely broke man without a proper job (except in a company made up or invented by him) wants money
Judgment translated to English in FINMA & Debian trademark fiasco
Reprinted with permission from Daniel Pocock
The Brigading (in Social Control Media) Did Not Silence the Creator of GNU/Linux
there are no impending talks at the moment
 
IBM Consulting: Layoffs Already in Progress
"What are the Deep Blue Thought Leaders World becoming? A rubbish heap?"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 25, 2025
IRC logs for Tuesday, February 25, 2025
Links 25/02/2025: US Backs BRICS at UN, Ukraine's Defence Enters 4th Year
Links for the day
Gemini Links 25/02/2025: Marginalia and LOWWIRE
Links for the day
New Richard Stallman Interview Published by Free University of Bozen-Bolzano a Day After His Talk There
We're not seeing any difficult or controversial questions
The Musk Slipped, Countries Need Digital Independence
What's happening in Germany this month might result in quicker adoption of Free software
Spanish Version of the Free Software Foundation's Book "Introduction to the Command Line"
The "GNU Press Shop [is] temporarily closed"
Dr. Andy Farnell Publishes Second Part of Series About Freedom Fighters (It Started With Richard Stallman)
A few minutes ago Dr. Farnell published the second part
Things That Were Presumed Public Enemy #1 (or Foremost Threat)
The world's most powerful military is now governed by clowns who don't know what the heck they're doing
Microsoft is Admitting That It Has No Viable Business Model, Starting to Experiment
Microsoft's proprietary spyware with ads cannot really compete with Calligra and LibreOffice
Bluewashing: IBM Replaces Red Hat With IBM (Bobby Leibrock) at the Top
Based on his education, Bobby is just some suit; he thinks of money, not tech
Links 25/02/2025: Mass Layoffs at Starbucks, Kaspersky Banned on Australian Government Systems
Links for the day
Links 25/02/2025: Strawberry Lemonade, Introducing Fiss, and YouTube Acting Aggressive
Links for the day
UK: Twitter Falls to Lowest Traffic Levels in 5 Years (Start of Lockdowns), Down From More Than 37% to Only 6.5%
Months ago Twitter (aka "X") was blasted by the British government for inciting right-wing violence
Confirmed: IBM Layoffs Will Strike Consulting Quite Hard
the flagging of staff is a way to signal to them it's time to go or get the boot
Sami Tikkanen Explains What Happened to Computer Science Education in Finland and Elsewhere
The 'broligarchs', a collective which typically created anything of their own, do not want the general population to possess skills that let it be anything other than passive consumers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 24, 2025
IRC logs for Monday, February 24, 2025
Truth is Not About Appeasing the Feelings of Men Who Hurt Women
True information is just what it is
Links 24/02/2025: Compromised Laptops and EU Shift to the Right (Boosted by Social Control Media Interventions)
Links for the day
Gemini Links 24/02/2025: Politics, Monarchy, and AuraRepo Prism VCS Suppor
Links for the day
Links 24/02/2025: Germany Looks to Distance Itself From US, Environment at Risk, Mass Layoffs at Zendesk
Links for the day
[Meme] It's Over, Microsoft
an obligatory meme
Even Worse Than LLM Slop and Linkspam From UNIXMen
UNIXMen is basically a defunct spamfarm at this point (the author is "sarwarSEO")
Proprietary Software is Bad for Your Health, Not Just Your Finances, Privacy and So On
It would be interesting to see some charts, based on some long-term study, comparing the general health (blood pressure, BMI etc.) of people who use proprietary stuff and people who do not
Gemini Links 24/02/2025: Osiris 0.1.0 Release (File Sharing in Gemini Protocol), NetBSD 10.1 on the Pi
Links for the day
Microsoft Admits Business Perils as Windows Continues to Fall
‘Microsoft missed the biggest business model…’
Technical Specifications at Times of Tyrannies
Specifications (specs) must evolve with the times
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 23, 2025
IRC logs for Sunday, February 23, 2025
In Case Rust Censors It (Rust Has Long Been All About Censorship), Here's a Critical Look at Rust's Goals
In the case of Rust, instead of "the liberation of the digital society" we have empowerment of Microsoft GitHub and of GAFAM in general. Guess who funds this...