Bonum Certa Men Certa

Search Matters Not at the European Patent Office

Early Certainty From Google (April 1, 2018)

Campinos in the penthouse



Summary: The EPO has found out that "System Battistelli" [1, 2] has been catastrophic for the quality of patents; it stops short of openly admitting it as such and in fact it keeps the message strictly confidential (explained to insiders, who will inevitably notice a system being abandoned)

IT ought to have become clear by now that the European Patent Office (EPO) is unable/unwilling to reform. António Campinos is not changing anything except the level of advocacy for software patents in Europe (i.e. lowering patent quality even further).



Earlier this month we wrote about teffgate and now it's mentioned in IP Kat as well, courtesy of yesterday's post from Jonathan Pratt. He mostly cites other sources, but he binds together several items we covered earlier this month (about departure from the EPC, decline of patent quality/legitimacy, and courts throwing out European Patents).

Kluwer's patent blog has also posted a number of articles this week. This started with an analysis of how to deal with unusual prior art when applying the EPO's Problem and Solution Approach, in particular when there are doubts about whether the closest prior art is enabling. The second post related to the changes in the latest version of Visser's Annotated European Patent Convention. Next up, a court in the Netherlands ruled that two Dutch patents for processing teff (a kind of grain) are invalid. This was declared as "great news" for Ethiopia which has been using teff for thousands of years. This was followed up with a comparison of the test for sufficiency in Australia and the UK following recent cases relating to Lyrica. Finally, there was an analysis of the recent decision of the District Court of The Hague that the Dutch part of Eli Lilly and Company's patent EP 1 313 508 is valid.


As recently as last week we wrote about the "AI" buzzword/hype taking over Europe in an effort to promote bad things like surveillance; it’s often a Trojan horse/back door for software patents as well and hours ago Intellectual Property Watch published "EU Members Adopt Plan To Make Europe A Leader In Artificial Intelligence". It turns out that it isn't necessarily about patents, but it likely cites things like that recent UN/WIPO report. "The European Council of member states has adopted an all-encompassing plan to make Europe a global leader in artificial intelligence and integrate AI into all aspects of regional life. The plan, which comes as Europe has been identified as lagging in AI research and investment behind the United States," says the opening (not behind their paywall).

Speaking of "AI", belatedly the EPO admits it's failing to replace examiners with so-called 'AI' (which means just "Algorithms" or "Computers" these days). As Märpel has just explained:

Märpel heard that the office computer tools are not working as well as they should. This was confirmed at the beginning of this month by an audit that was concluded by Boston Consulting Group and published by President Campinos. Märpel is frankly surprised that the audit did not leak into the general public as it paints a dismal picture of system Battistelli. Our readers will certainly remember that under President Battistelli millions were paid for software development and that a surprisingly high proportion of the IT firms chosen were French.

The pinacle of the IT tools was supposed to be the "Electronic dossier system" or eDossier. The office had great hopes in the eDossier, as it would have rendered formality officers redundant: the computer would have managed the procedural aspects automatically. The catastrophic state of formalities results from a continuous policy of understaffing in the past years: why replace staff if the computer will render them all redundant anyway?

But the e-dossier does not work. The audit suggested to close the project and the decision was published last week.


The original message came from a new appointee and former colleague of Campinos.

It seems clear that for a number of years the EPO foolishly attempted to replace examiners with low-quality automation which SUEPO repeatedly warned about/against (as did we). In fact, almost every day this month the EPO published "searchmatters" tweets like this one from half a day ago: "Check out this collection of lectures and workshops to see why #SearchMatters..."

Well, if only the EPO truly believed that "SearchMatters"; it seems to be trying to cut costs and cut the legitimacy of European Patents. If these were the goals, it succeeded at both. However, that puts at peril the future of this entire institution. This is why there was such strong resistance from examiners. In the next post we shall give new examples of bogus (as confirmed by assessors) European Patents.

Recent Techrights' Posts

GNU/Linux Reaches All-Time High in Europe (at 6%)
many in Europe chose to explore something else, something freedom-respecting
Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
 
Technology: rights or responsibilities? - Part VIII
By Dr. Andy Farnell
Patents Against Energy Sources That Reduce Pollution
this EV space (not just charging) is a patent mine field and it has long been that way
DARPA’s Information Innovation Office, Howard Shrobe, Values Compartmentalisation But Loses the Opportunity to Promote GNU/Linux and BSDs
All in all, he misses an opportunity
Wayland is an Alternative to X
the alternative to X (as in Twitter) isn't social control media but something like IRC
BetaNews, Desperate for Clicks, is Pushing Donald Trump Spam Created by LLMs (Slop)
Big clap to Brian Fagioli for stuffing a "tech" site with Trump spam (not the first time he uses LLMs to do this)
[Meme] Social Control Media Bliss
"My tree is bigger than yours"
Links 24/11/2024: More IMF Bailouts and Net Client Freedom
Links for the day
Gemini Links 24/11/2024: Being a Student and Digital Downsizing
Links for the day
[Meme] The Most Liberal Company
"Insurrection? What insurrection?"
apple.com Traffic Down Over 7%, Says One Spyware Firm; Apple's Liabilities Increased Over 6% to $308,030,000,000
Apple is also about 120 billion dollars in debt
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular
Links 23/11/2024: Press Sold to Vultures, New LLM Blunders
Links for the day
Links 23/11/2024: "Relationship with Oneself" and Yretek.com is Back
Links for the day
Links 23/11/2024: "Real World" Cracked and UK Online Safety Act is Law
Links for the day
Links 23/11/2024: Celebrating Proprietary Bluesky (False Choice, Same Issues) and Software Patents Squashed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 22, 2024
IRC logs for Friday, November 22, 2024
Gemini Links 23/11/2024: 150 Day Streak in Duolingo and ICBMs
Links for the day
Links 22/11/2024: Dynamic Pricing Practice and Monopoly Abuses
Links for the day
Topics We Lacked Time to Cover
Due to a Microsoft event (an annual malware fest for lobbying and marketing purposes) there was also a lot of Microsoft propaganda
Microsofters Try to Defund the Free Software Foundation (by Attacking Its Founder This Week) and They Tell People to Instead Give Money to Microsoft Front Groups
Microsoft people try to outspend their critics and harass them
[Meme] EPO for the Kids' Future (or Lack of It)
Patents can last two decades and grow with (or catch up with) the kids
EPO Education: Workers Resort to Legal Actions (Many Cases) Against the Administration
At the moment the casualties of EPO corruption include the EPO's own staff
Gemini Links 22/11/2024: ChromeOS, Search Engines, Regular Expressions
Links for the day
This Month is the 11th Month of This Year With Mass Layoffs at Microsoft (So Far It's Happening Every Month This Year, More Announced Hours Ago)
Now they even admit it
Links 22/11/2024: Software Patents Squashed, Russia Starts Using ICBMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 21, 2024
IRC logs for Thursday, November 21, 2024