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to be inadmissible and 234 cases in which opposition proceedings were terminated without a decision (e.g. oppositions withdrawn).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

'India Today' is a Slopfarm, Sometimes 'Covering' "Linux" With Slop Images
New example of pure BS
Rumours of IBM Layoffs Again, This Time Marketing
It's "bad marketing" to talk about layoffs
Slopwatch: linuxsecurity.com and hamradio.my (in Planet Ubuntu) Are at It Again With LLM Slop About "Linux"
LLM slop does not save time
 
Gemini Links 15/03/2025: Bandcamp and DST
Links for the day
Links 15/03/2025: Albania TikTok Ban, No Skinnerboxes in Danish Schools
Links for the day
Sierra Leone: Android Up to Record Highs, Windows Falls to Record Lows of Almost 5% (15 Years Ago It Was 100%)
This is what happens when about 83% of Web requests come from mobile
Margarita Manterola (marga, Google) & Debian DebConf13 Swiss venue intrigue
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 14, 2025
IRC logs for Friday, March 14, 2025
Gemini Links 14/03/2025: Grizzy Bear and Prime Beats
Links for the day
Links 14/03/2025: ProPublica Admitting That It Uses Slop (Foolish Move), RIP Mark Klein
Links for the day
Windows is Fast Becoming Insignificant to Zimbabweans
based on this survey, less than 1 in 6 Web requests may originate from Windows
The Fall of the Open Source Initiative (OSI): The OSI Does Not Speak For You, OSI Staff Speaks for GAFAM/Microsoft (the Paymasters)
they speak for proprietary software companies, but they wear "open" on their sleeve
Microsoft Money Used for Abuse of Women and Against Journalism in Support of Women (the Victims)
"Never interrupt your opponent while he is in the middle of making a mistake."
Links 14/03/2025: Chinese Tensions With Australia, Putin Turns Down Ceasefire
Links for the day
Gemini Links 14/03/2025: Löjl and Docker Context Stuff
Links for the day
Links 14/03/2025: Scam Currencies in the US and Oligarchs (Including GAFAM) Controlling All the Major Policies
Links for the day
Antisemitic Attacks on Richard Matthew Stallman (RMS) in Wikipedia This Week
Did the man strike a nerve or what?
Bluewashing Ends DEI at IBM and at Red Hat (HR or Hiring Become Gender- and Race-Neutral)
All that "whitelist is racist" stuff is likely a thing of the past
Links 13/03/2025: Intel Rotates Figurehead and South Korea Imports Karen People From Myanmar
Links for the day
Meanwhile at Microsoft Canonical...
Promoting proprietary surveillance by a company that actively attacks Linux in a lot of ways
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 13, 2025
IRC logs for Thursday, March 13, 2025
Links 13/03/2025: Calculators and Spreadsheets, Returning to a Human Internet
Links for the day
Links 13/03/2025: Further Assaults on Science and Education in the US
Links for the day
Expect XBox to Be Shut Down Like Skype
"hey hi"-washing fools nobody
Truth Hurts (Especially Some Dishonest and/or Greedy People), But Reporting Truth is What Makes Journalism Valuable to the General Public and Helps Protect Society From Abuse by Sociopaths or Pathological Liars
When it comes to reporting, we're on the side of female victims, not the men who strangle them.
New Paper Reveals the Web (and Net) Drowns in LLM Slop, "Linux" is Impacted Too
It will be getting harder to trust anything on the Web
Links 13/03/2025: RIP, Carl Lundström; Tesla (the Company, Not Scientist It Piggybacks) Besieged by Public Backlash
Links for the day
Gemini Links 13/03/2025: MElon "Greek Tragedy" and Going Offline More
Links for the day
Richard Matthew Stallman, or rms (RMS), Turns 72 This Coming Weekend
This coming Sunday he deserves a cake
Links 13/03/2025: COVID-19 Legacies and "Modern" Cars as Spying Machines on Wheels
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 12, 2025
IRC logs for Wednesday, March 12, 2025