Bonum Certa Men Certa

Number of Oppositions to Grants/Awards of European Patents at the EPO Has Skyrocketed, Based on Internal Data

Related: The Patent 'Printing Machine' of the EPO Will Spawn Many Lawsuits and Extortions (Threats of Lawsuits), in Effect Taxing Europe

Bureau of Engraving and Printing
Reference: Bureau of Engraving and Printing



Summary: The number of challenged patents continues to soar and staff of the EPO (examiners already over-encumbered by far too much work, due to unrealistic targets) would struggle to cope or simply be compelled to not properly deal with oppositions

A FEW days ago a Battistelli-friendly law firm aired concerns that EPO management prevents proper and efficient appeals and oppositions process because it's only focusing on speed (like the USPTO). Examiners and stakeholders (a silent majority) both complain that patent quality is declining and it's hard for anyone to keep abreast of all this (in order to issue effective 'vetoes' and reduce risk).



An article by David Lewin, Magnus Johnston, James Ward, James Sunderland and David Brown (Haseltine Lake LLP) was published yesterday, based on July's newsletter from the firm (direct link [PDF]). Here are some numbers:

A total of over 3100 opposition proceedings were finally settled in 2017 - either as the outcome after appeal or, if no appeal was entered, when the first-instance decision became legally binding. There were 6 cases in which oppositions were deemed not filed, two in which oppositions were found to be inadmissible and 234 cases in which opposition proceedings were terminated without a decision (e.g. oppositions withdrawn).


Haseltine Lake LLP did some analysis of the number of oppositions before (soon to be cited quite a lot by SUEPO), so they probably know where to get this data and how to analyse it. The graphs from Haseltine Lake LLP are also quite revealing, but we won't reproduce them here because Haseltine Lake LLP sent us an angry E-mail even though we had attributed the source of a graph reproduced here. They seem like copyright maximalists, maybe they're patent maximalists too (overzealous about rejection of Fair Use doctrine).

The point worth making here is that there are yardsticks available for the decline in patent quality. Will António Campinos and Dr. Ernst heed the warning? Probably not. They typically just reject the obvious observation about decline in patent quality, just like Battistelli did.

We doubt readers have noticed, but in our daily links earlier this week we included some links about new European Patents on cancer (we lacked the time to properly cover that, but we previously mentioned why such patents are generally controversial [1, 2]). How far will patent scope extend at the EPO? The EPO has no qualm about granting software patents and Campinos, who has just completed a fortnight at the Office, expressed no intention to change that. Then there's yesterday's press release about this new grant:

Precision Therapeutics Inc. (NASDAQ: AIPT) is pleased to announce that on July 11, 2018 the European Patent Office (“EPO”) granted European Patent No. 2948200 covering the Company’s STREAMWAY€® System for automated, direct-to-drain medical fluid disposal, which is sold through the Company’s Skyline Medical division.

The Company is seeking national validation of its European patent in 11 European countries, including Belgium, France, Germany, Ireland, Italy, the Netherlands, Norway, Poland, Spain, Sweden and the United Kingdom. As a result of the granting of the European patent, the Company has confidence that its intellectual property is protected as it executes on its sales strategy for its revolutionary, CE-marked, STREAMWAY System in Europe.


Such "national validation" is often (but not always) followed by litigation. What if the patent application wasn't properly examined or assessed in a rush? What if it turns out there was overlooked prior art? There's a true danger here that low quality of European Patents (EPs) would greatly harm the European economy. It's no secret that patents granted in error can cause enormous damage; just look what happened in the US.

"The English High Court invalidated a standard essential patent (SEP) owned by electronics company Philips this week," Managing IP reported last night. It's behind a paywall, but the following ought to suffice:

The High Court has invalidated one of Philips’s SEPs, making it “one all with one more patent to go” in its litigation with Asus and HTC

The English High Court invalidated a standard essential patent (SEP) owned by electronics company Philips this week, shortly after it declared another SEP valid and with a ruling on a third due shortly.


Imagine how much worse it would be if the patent was 'unitary'; that would mean that some court proceedings in a foreign language (thus more expensive) would be potentially imposed on British companies; how many would rather just settle, surrendering to false patents for fear of attorney fees? (attorneys in another country, whose mother tongue is also foreign)

The fact that this is an SEP makes it even worse because it means that for many it would be impossible to work around.

Recent Techrights' Posts

Under the Guise of "MIT Technology Review Insights" the Site MIT Technology Review Posts Corporate Spam as 'Articles'
Some of the articles aren't even articles but 'hit pieces' against Free software and some are paid advertisements
Brett Wilson LLP Has Track Record in Scam Coin Cases (e.g. Craig Wright and More), Now It Works for 'Crypto' Scam Purveyors
But wait, it gets worse
Will Brett Wilson LLP Handle Its Own Winding Up Petition or be Struck Off for Overt Abuse of Process?
Today we sue not only the first Microsofter
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Sharing Code and Recipes
It helps explain the triviality of software freedom
How Many Women Has Microsoft's Alex Balabhadra Graveley Already Strangled and Where Does That End?
If you too are a victim of this man and wish to share information, contact us
"We Might Save Somebody's Life"
I follow the example of my father
 
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025
Exclusive: corruption in Tribunals, Greffiers, from protection rackets to cat whisperers
Reprinted with permission from Daniel Pocock
Links 16/07/2025: Chip Bans and Microsoft’s “Digital Escort” Program
Links for the day
Revolving Doors: One Day You're a Judge, the Next Day You're an Attorney Paying Public Officials and Working for Violent and Dangerous Microsoft Employees
how the US justice system works
Slopwatch: Noise, Plagiarism and Even Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
What are we meant to do to prevent a false association or misleading connotations? Game the LLMs? No. Boycott slopfarms.
Gemini Links 16/07/2025: BaseLibre Numerical System and Simple Web Browsing with TLS
Links for the day
Links 16/07/2025: Fascist Slop Takes "Intelligence" Clothing, New Criminal Case Against MElon
Links for the day
Why I am Suing the Serial Strangler From Microsoft, Alex Balabhadra Graveley, in the UK High Court This Week
Out of respect to the process and to the Court, I shall not share any pertinent details about the case
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025
Links 15/07/2025: LLM Pollution and Pushback in Ukraine
Links for the day
Gemini Links 15/07/2025: xkcd, New Cert, and Alhena Gemlog
Links for the day
Links 15/07/2025: Press Freedom at Risk and New Facebook Blunders
Links for the day
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day