Bonum Certa Men Certa

Quality of Service and Quality of Patents at the EPO Are Both at Peril

Related: Team Battistelli Parties Like It's Still 2010 (Pre-Battistelli Governance), Fails to Acknowledge Demise of EPO as Popular Employer and Instead Lies to Staff

Third hand



Summary: The EPO's brain drain is showing; the ability to properly scrutinise patent applications (using time and skills/experience) is further diminished by the obsession with "production" and "timeliness" (deadlines, Early Certainty etc. rather than "it's ready when it's ready")

"We're experiencing technical issues with submissions via Online filing & New online filing (CMS)," the EPO wrote yesterday. "The acknowledgement of receipt contains a FALSE virus warning. Filings will be processed as usual. Technicians are working to resolve the issue ASAP." It later added: "The technical issues with submissions via Online filing & New online filing (CMS) have been resolved. We apologise for the inconvenience."



Why did this even happen? "Technicians with experience must have left (or are leaving) the EPO as part of the exodus," I told them. It certainly looks like technical issues are becoming more frequent (we covered some previous ones) and therein lies the risk of brain drain.

We keep hearing stories about exceptionally low bar at EPO recruitment, rushed examination, lack of expertise, new staff that overburdens/encumbers senior staff and so on. People near and inside the EPO speak about these issues. Granting patents for the sake of granting patents isn't a good thing; it reduces the certainty associated with European Patents; courts would reject these.

AA Thornton & Co's Stuart Greenwood wrote and published this article yesterday. It relates to what we recently wrote about PPH (legal firms linked to it, suggesting that they too agree with our assertions). We said that patent examination at the EPO is already far too hurried (leaked E-mails provide solid evidence of it). It'll get worse over time because Battistelli has just lowered the price of patent applications (a desperate effort to inflate the number of applications after they tumbled last year). "EPO extends fast-track programmes," Greenwood wrote, naming some of the latest additions:

The EPO have recently extended their fast-track pilot programme agreement (the Patent Prosecution Highway, or PPH) with Canada, Israel, Mexico and Singapore.

[...]

In addition to these four extended programmes, the EPO has operational PPH pilot programmes with the IP5 offices (the grouping of the world’s five largest IP offices, made up of the EPO and the patent offices of China, Japan, Korea, and the US), as well as with the national patent offices of Australia, Brazil, Colombia, Malaysia, the Philippines, Russia and the Eurasian Patent Office.


The combination of stricter time constraints and brain drain is bound to prove fatal to the reputation of such patents. Battistelli can lower the price all he wants (application revenue will decline, irrespective of the number of applications), but in the long run he is killing the EPO. This is no way to run the Office; What this EPO autocrat does not want to grasp is that replacing patent examiners with machines is about as insane as replacing university professors/researchers with a bunch of servers in the back room. It only works if you count something like numbers of words/papers/patents generated, irrespective of actual quality.

Recent Techrights' Posts

You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
 
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock