Bonum Certa Men Certa

Does the EPO Want Patent Quality to Decline Against the USPTO and Become Akin to SIPO?

Anything goes with crooked management like this...

MoU signed by Bergot



Summary: The EPO, which is trying to convert a patent system into a cash cow rather than a public service, risks losing public support and an applicants base (where it hasn't lost it already)

PATENT quality and scope (inherently similar things) have been a concern of ours predating Battistelli at the EPO. There just doesn't seem to be the same aspiration to quality that there used to be. It got even worse under Battistelli (compared to Brimelow and her predecessors) and the Administrative Council, a bunch of spineless chinchillas, just doesn't seem to genuinely care. It mentions "quality" every now and then, yet it takes no practical steps to assure it. The last meeting of the Administrative Council barely even brought up the subject and the next one, which is just weeks away, seems unlikely to even have it on the agenda. Battistelli continues to rely on his propaganda mill, IAM, to deny the issue with dubious surveys.



“After the US patent office ruled against the University of California in its battle for key patents on the CRISPR-Cas9 genome editing technology last week, UC put on a brave face.”
      --California Healthline
As people who read this site closely enough (not just EPO matters) would have noticed, the USPTO aided by the AIA gifts (notably PTAB) is growingly picky and selective on CRISPR -- essentially patents on life. Read this new article titled "University Of California Faces Uphill Climb In CRISPR Appeal". To quote: "After the US patent office ruled against the University of California in its battle for key patents on the CRISPR-Cas9 genome editing technology last week, UC put on a brave face. It might appeal the decision, it told reporters. It might settle for the patent it originally filed for, in 2012, and live with the fact that the Broad Institute, which prevailed at the patent office, gets to keep crucial patents that UC challenged. Unfortunately for UC, a public institution that could really use royalty and licensing revenues from CRISPR patents, experts in intellectual property suspect that even its fallback positions are no more solid than shaving cream."

"How many more patent applications will the EPO receive in the long run when attorneys need to tell clients that the EPO has gone awry?"Other publications too wrote about it this week [1, 2], as did we. Just see our Wiki and some of the latest things we wrote about the topic, culminating in PTAB's actions against CRISPR [1, 2, 3] (last covered yesterday). A couple of days ago we received an alert about this press release titled "European Patent Office To Grant CRISPR-Cpf1 Patent To Broad Institute, MIT, And Harvard University" (disappointing).

So the USPTO and PTAB make sceptical moves towards or against CRISPR, but the EPO under Battistelli (where examiners are under stress and are urged to reject of grant everything, as fast as possible, without sufficient research) does the opposite. What are applicants supposed to think? Yesterday I spoke to a highly-ranked university professor about this. He seems to be aware of what goes on at the EPO and he has informed his university. How many more patent applications will the EPO receive in the long run when attorneys need to tell clients that the EPO has gone awry? Job applications (and quality thereof) have already nosedived. How many applicants out there already prepare to just pursue patents at the national patent offices (NPOs)? We've heard from a few.

To quote from the press release: "The European Patent Office (EPO) has announced it intends to grant its first CRISPR-Cpf1 patent to the Broad Institute, MIT, and Harvard University, based on a patent application filed in June 2015."

Intention to grant and actual grant are not the same thing. Is this some sort of "early certainty" thing? Where people make decisions before they actually make decisions? Or make semi-official determinations without actually doing the work involved? This is Battistelli's legacy. There are many other bad legacies, including a plethora of abuses and one might say "corruption". Yesterday the EPO wrote about EPO procurement, telling people nothing about dodgy contracts and lack of tenders at the EPO. Also yesterday, the EPO said: "Join us on Wednesday for our free webinar on recent & upcoming law changes in India!"

"If firms take these patents to court and then find out that these patents are worthless (and invalidated on the spot), what good is the EPO's service to them?"Well, India has rejected software patents, whereas the EPO defies EU decisions if not orders to reject them. What does that say about the EPO? An entity above the law, no doubt! What can ever stop it? In Europe, pressure at all levels has perpetually attempted to stop the EPO's software patents (erroneous grants) and where has it gotten us? Battistelli is doing whatever he want. In India, by contrast, the pressure from the politicians and large corporations is to actually grant software patents, but the patent office managed to skirt them off or drive them away (time after time over the years). The Indian patent lobby, writing in IAM right now (a patent maximalist and his colleague Sunil Kumar Tyagi), offers tips for bypassing limitations. We recently wrote how India had adopted a process for speeding up applications of those with deeper pockets (the EPO did this first) and this one says: "Most patent applications in India are granted after amendments are made to the patent claims; there are few cases in which patent applications are allowed with no claim amendments. To speed up the examination process, claims can be amended on a voluntary basis or in response to objections raised in an examination report. This means that applicants can either file a request for voluntary amendment along with the associated fee or wait until the examination report is issued."

We certainly hope that whistleblowers inside the EPO will share stories with us about the decline of patent quality at the Office, with or without intent to make the information public (some people already tell us about this, but we cannot make public any of the details as that might jeopardise these sources). Dissent is strong inside the Office, partly because insiders believe they are being pressured to hastily grant patents they would not otherwise grant. If firms take these patents to court and then find out that these patents are worthless (and invalidated on the spot), what good is the EPO's service to them? For small companies, scenarios such as these can render them insolvent as patents are expensive to pursue and maintain (renewal), never mind the legal fees associated with litigation.

Comments

Recent Techrights' Posts

[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
 
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock