Bonum Certa Men Certa

EPO's Latest 'Results' Show That António Campinos Has Already Given Up on Patent Quality and is Just Another Battistelli



...And the EPO's PR People Write the Press Articles

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



Summary: The patent-granting machine that the EPO has become reports granting growth of unrealistic scale (unless no proper examination is actually carried out)

THE European Patent Office (EPO) is driving into a wall at full speed. António Campinos took over from Battistelli, but he's still pressing the pedal for full throttle, adding yet more advocacy of European software patents in defiance of courts, Parliament, EPC and so on. Europe will pay for it. Businesses and people will get sued; frivolous lawsuits (or pre-settlement).



"Europe will pay for it. Businesses and people will get sued; frivolous lawsuits (or pre-settlement)."The EPO doesn't care about patent quality anymore. Not one iota!

Here is yesterday's post from Dr. Thorsten Bausch, a patent attorney. He remarks on the EPO's shallow effort to divert away from discussion about patent quality in examination in Europe (focusing on speed instead). To quote:

The signals from the contracting member states and earlier user feedback were also mixed, thus raising the question what the EPO will now do with all of this. Spoiler: the EPO document provides no hint whatsoever in any direction; it merely lists the main arguments provided by both opponents and proponents and thus allows everybody to develop an informed own opinion.

For background, in autumn 2017, the EPO presented a proposal bearing the slightly unfortunate, if not downright misleading, title „User-driven Early Certainty“ (UDEC) offering applicants the possibility to postpone the start of substantive examination by a maximum period of 3 years. Let us forget about the title and focus on the substance and the rationale behind it. It was to provide applicants more time, where needed, to decide about the economic relevance and scope of protection for an invention before incurring significant prosecution and validation costs.

I must say that I always found this rationale quite sensible and liked the idea. This may possibly have to do both with my national and my technical background. In Germany such a possibility has existed for ages (more than 50 years, see €§28b PatG 1968) and has never since caused a lot of problems or discussions, at least as far as I can remember. One can also hardly argue that the option of deferred examination has greatly harmed innovation or stifled competition in Germany, which was a fear expressed by some opponents against the EPO’s proposal for flexible timing of examination (abbreviated FTE in the following). And in my technical field, i.e. chemistry and pharmaceuticals, I am constantly reminded on how many inventions never make it to market for regulatory or economic reasons and how many applications are dropped in the course of the examination proceedings despite a positive evaluation of patentability by the EPO. If an opportunity existed to defer the examination of these applications at applicant’s request, I do not see why this would cause any harm to the public or applicant’s competitors. And the EPO would have more capacity to examine the urgent applications faster.


Another German has just published a report about Munich I Regional Court, where Qualcomm comes to discover that many of its European Patents are bunk. "It's also very, very likely that the EPO will revoke those patents," he wrote, "in which case Qualcomm will have to appeal the Opposition Division's decision to a Technical Board of Appeal. All of his is taking time, but those cases are pretty clearly going nowhere."

"The EPO doesn't care about patent quality anymore. Not one iota!"Well, they know that these patents might never be challenged as it's too expensive (especially when patents are leveraged in bulk). Herein lies the danger of the EPO's overpatenting strategy -- one that foreign companies are all too eager to exploit while they can.

This brings us to this morning's "news" (or 'news' with scare quotes). Yesterday the EPO wrote: "Tomorrow is the day we will announce the Office's achievements in 2018. Stay tuned to learn about the key players in innovation."

"These "achievements" are the granting of false, low-quality, bogus, bunk and fake European Patents," I told them, "that will cost the innocent accused parties billions in legal fees. Well done, EPO!"

The EPO has already signaled that it accepts all sorts of crazy patent applications (e.g. algorithms as "AI"), so guess what happened? The rubber-stamping operation reports 'growth' (in likely invalid monopolies). This was published this morning in the EPO's site (warning: epo.org link) and then this tweet: "The EPO Annual Report 2018 is out! Demand for patent protection reaches a new high: 4.6% growth in applications filed and 21% more European patents granted."

"The EPO has already signaled that it accepts all sorts of crazy patent applications (e.g. algorithms as "AI"), so guess what happened? The rubber-stamping operation reports 'growth' (in likely invalid monopolies).""European Patent quality has collapsed and these numbers confirm it," I told them. Curiously enough before they even published these results to the public there were already press articles about it in the US (Bloomberg) and Ireland (Irish Times). Those articles were published before the EPO even announced the results, which means that PR people had coordinated these articles in advance. As usual...

The takeaway is that the EPO is granting loads of invalid European Patents. But it's expensive to invalidate these. So large multinationals exploit this corruption of the EPO's goals. "U.S. companies submitted a record number of patent applications to the European Patent Office in 2018, retaining the country's status as the most prolific filer," said the outline from the US. A very high proportion of these won't be really examined because the EPO has transformed into "rubber-stamping" status. Insiders say so too. The Irish article was eerily similar (same 'script') and it was pure spin; no doubt there are more like it right now (more such spin, more articles) and days to come will accompany that slant, just like every year; we shall see who just repeats PR talking points and who actually investigates the claims and puts them in context/perspective.

"Lowering patent quality and granting loads of monopolies is not a success story but a growing danger to Europe."What are patents-centric 'news' sites doing? EPO PR.

Friday's PR blitz/charm offensive (see our rebuttal in this post) led to puff pieces and PR like this from IPPro Magazine's Ben Wodecki, who now serves as PR amplifier of EPO management. His colleague is the one who typically gives a voice to SUEPO.

And here we have Managing IP, another longtime megaphone of EPO management (including Battistelli himself), amplifying patent maximalism agenda:

In-house counsel at Barclays and Amadeus, plus a director at the EPO discussed the conundrum of global patent eligibility at a Managing IP conference in London


Yes, go on and suck up to EPO management, just like IAM and others. Wait and watch the amount of spin we shall see this week about EPO "success". Lowering patent quality and granting loads of monopolies is not a success story but a growing danger to Europe.

Recent Techrights' Posts

The Free Software Foundation (FSF) Has Un-cancelled the Best People, Just in Time for the Big 4-0
Mr. Oliva should have been there all along (since 2019)
Most "Modern" Technology Makes You Slower and Dumber
Because proprietary software makes you worse off
"What Comes After Free Software?" Wrongly Insinuates We've Reached the Goal (Prison is Not the Goal)
The oil tycoons use similar tactics against environmentalists, giving them fake "wins"
Making More Work Space
I learned the hard way that less is more in circumstances where more means distraction
MAHA is a Lie, Public Officials Never Valued Citizens' Health (They Still Value Private Businesses, Their Sponsors)
Reject demagogues
New Techrights Turns 2
Today starts the third year of the SSG-based Techrights
What Scares Them the Most is Independent News Sites That They Cannot Control and Censor
Wikileaks was a good example of this
If You Don't Control Your Online Platform, Then Someone Else is Controlling You
be (or become) independent
The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
Links 22/09/2025: Murdochs Might Join Fentanylware (TikTok) 'Investors' (Masters), United Kingdom Recognises Palestinian Statehood
Links for the day
 
The Complaint About Brett Wilson LLP - Part II - UK SLAPPs for Americans, SLAPPs for Profit
Brett Wilson LLP has a track record of this kind
Mayday: Optus emergency calling crisis
Reprinted with permission from Daniel Pocock
Links 23/09/2025: Massive Data Breach, Slop Versus Productivity, and Vista 11 Update Breaks Things Again
Links for the day
Code of Censorship
Extortion is peace
Free Software Foundation (FSF) Has a New Press Kit for the Weekend After Next Weekend (40th Anniversary)
miles better than social [sic] media [sic] quips, moderated by narcissists and oil tycoons.
Microsoft Had Two Waves of Mass Layoffs This Month (That We Know of) and It'll Get Worse for Microsoft Soon
Will the axe fall again by month's end?
Gemini Links 23/09/2025: Happy Equinox, Photronic Arts, and Perception Cognition
Links for the day
Lessons We've Learned After 17 Years of American Hosting
GAFAM is "all-in" with the "Trump agenda"
Back to Normal Now, We Plan to Do More In-Depth Series (or Multi-part Stories)
Articles (or series thereof) that contain philosophy are important to us
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 22, 2025
IRC logs for Monday, September 22, 2025
Microsoft Media is Panicking Amid Mass Layoffs Every Month, H-1B Fees, and "Seattle’s Tech Scene in Trouble"
In "late stage Microsoft", copyleft becomes proprietary
The Next Wave of IBM/Red Hat Layoffs Being Discussed Already
Red Hat is sort of disappearing the way Tivoli did
Oracle Started This Year With Slop. Then It Stopped.
Passing fads are like this
Distros That Run on PCs Made 20 Years Ago and Don't Use Systemd
Betas for now
The Complaint About Brett Wilson LLP - Part I - Abusing British Women on Behalf of American Men Who Abuse American Women
Transparency is important to us, so we've decided to make this series
Slopwatch: Google News and the Evident Slopfarm Infestation
This is what people get about Linux when they query Google for Linux
Gemini Links 22/09/2025: Esperanto Music History and Apps For Android
Links for the day
Links 22/09/2025: More American 'Censorship' (Retaliation for Journalism), Cheeto "Might Be Losing His Race Against Time"
Links for the day
The Blob Slop
Give me more words, give me some text
The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025