Bonum Certa Men Certa

EPO 'Business' From the United States Has Nosedived and UPC is on Its Death Throes

Issuing lots of garbage patents is not a long-term strategy but akin to organisational suicide and immesurable harm to all existing EPs

Elodie Bergot letter



Summary: Benoît Battistelli and Elodie Bergot further accelerate the ultimate demise of the EPO (getting rid of experienced and thus 'expensive' staff -- see above), for which there is no replacement because there is a monopoly (which means Europe will suffer severely)

THE EPO's management had bet the farm on UPC and it wasn't just unethical and reckless; it was terrible for everyone.



We already know who UPC was for. It was for few multinational giants and their litigators -- firms such as Bristows.

Bristows staff ("AmeriKat") which was accused of "brown-nosing" Colin Birss (after he had ruled to the benefit of patent trolls) is doing it again today and quoted from within her previous post (quote from the European Judges Forum): "death is a certain change of status, a passage to a better status. I believe so, and I believe the UPC will live with Orpheus ... and all the others that had lived a life of honor, and have died of an unjust sentence."

Another quote from that speech: "Therefore, it is clear to me that we do not need the UPC, since everything is dealt with in the Court of Milan. I would suggest to pack up and go home."

Yes, things are very grim for the UPC. Even insiders say so and Bristows staff goes through the effort of translating/publishing that.

Read the latest comment on this (about how "EPO itself considers that it is only obliged to be bound by "G" decisions"):

While reference has been made to establihshed case law of the EPO, it is clear from numerous decisions that the EPO itself considers that it is only obliged to be bound by "G" decisions. In many decisions it has been pointed out, seemingly mainly to UK authorised representatives, that the EPO relies on a legal code (the EPC) and, unlike Anglo-Saxon legal practice, is not necessarily bound by precedents because non-"G" decisions are not "case law" as per UK practice.

See for example T 0154/04: para 2.

2. .... the legal system of the European Patent Convention gives room for evolution of the jurisprudence (which is thus not "case law" in the strict Anglo-Saxon meaning of the term) and leaves it to the discretion of the boards whether to give reasons in any decision deviating from other decisions or to refer a point of law to the Enlarged Board.

G 0003/08 : reasons:

7.3.1 Development of the law is an essential aspect of its application, .... That is especially true of Anglo-Saxon law, where a decision on an individual case has far greater implications as a precedent than judgments in continental civil law.

T0910/06

2.8 To the extent that the absence in the decision under appeal of any reference to the "established case law" ... is seen in itself by the appellant as a "substantial procedural violation" it must be recalled that unlike some Anglo-Saxon legal systems which are precedent driven, the instances of the European Patent Organisation work within a codified system of law, i.e. the European Patent Convention and its implementing regulations, and are constrained by case law only in the case of decisions handed down by the Enlarged Board of Appeal.



Benoît Battistelli has basically, and quite blatantly, attacked the authority of these technical boards. At what cost?

Well, we already know that (and earlier on wrote about) the EPO prioritises US corporations, not European ones. To make matters worse, the EPO is consulting the legal 'industry' (firms such as Bristows and their front groups) rather than scientists. Hours ago the EPO published this: (warning: epo.org link)

This year's meeting of the US Bar-EPO Liaison Council, a forum to facilitate informal exchanges with US applicants, took place at the EPO's Munich headquarters on 15 November. Consisting of representatives of IP special-interest groups and IP sections of State Bar associations, the Council provides the EPO and US Bar representatives with an excellent opportunity to discuss contemporary issues in the patent system and to address questions of mutual interest. For the EPO, it is also a valuable opportunity to present recent developments at the EPO and gather feedback from US users, currently the EPO's largest origin of patent applications.

[...]

Feedback from US Bar members revealed that the meeting had helped them deepen their understanding of European patent practice and they welcomed the possibility of another such meeting in 2018.


Notice who's in attendance. No wonder the EPO is nowadays just reduced to shameless UPC lobbying. No wonder the EPO has seen the number of patent applications declining this past year. "EPO Jobs" said a few hours ago that "The @EPOorg is reducing a number of fees. Head over to the President's Blog to read all about it..."

Well, as we explained before, Benoît Battistelli may be trying to cook the books. Lower cost means that more applications might be filed (albeit bringing less income). Gaming the numbers? Either way, the writings are on the wall. The value of EPs has gone down considerably, patent quality is nowhere near what it used to be, and earlier today someone told us this:



I don’t see how the EPO is going to find recruits under that new contract form.

The EPO only recruits examiners fresh from the University. They don’t want anything else and the pay for people with experience is not attractive anyway, especially in Munich where the industry is also recruiting engineers and scientists. But for someone fresh from the University, the first job will determine the rest of your career. An employer will typically look at your past 5 years experience and not at your diplomas any more. So if you start your career with patents, it will be very difficult to do anything else afterwards.

But in patents, there are only two jobs: patent examiner and patent attorney. The EPO is basically the only provider of patent examiner jobs in Europe, so if they fire you after 5 years, that road is closed. Patent attorneys cannot absorb a significant number of recruits either. They never did, they are not going to change their policy when the office starts laying off people in significant numbers after 5 years. So, basically, after 5 years you are out of a job with no perspective.

Besides I don’t understand the need for the new policy. The EPO can already fire people at will, they even did so for a judge and some staff representatives.


Suffice to say, this is a recipe for disaster. There's no substitute to the EPO in the form of UPC, there's no imminent redemption for the appeal boards, and if things go along the same trajectory, patent backlog (queue) will have run out next year, rendering many examiners redundant. Short-term contracts serve to indicate that EPO management already has this expectation. The EPO is shrinking and growing irrelevant. Battistelli stole all the golden eggs (and many bonuses).

Recent Techrights' Posts

Early Retirement Age: Linus Torvalds Turns 55 Next Week
Now he's almost eligible for retirement in certain European countries
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day
Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
Links for the day
Another Terrible Month for Microsoft in Web Servers
Consistent downward curve
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024