Bonum Certa Men Certa

The Quality of Patents is Connected to the Quality of Life of Patent Examiners

Two years ago: At EPO, “Producing Stronger Patents (or Being Able to Produce Them) is Also a Matter of Professional Pride for the Examiners”

A father and son
Not your father's EPO anymore



Summary: EPO staff is not happy (a new President has not changed things) and the problems associated with low quality of patents become more visible in courtrooms

THE CONCEPT of patents is very old and it predates the name or the word "patents". Early monopolies on ideas covered rather fundamental things which were demonstrable, physically. Inventors used to actually present something that worked, not theoretical spaceships.



Warp speed to the 21st century only to find nature itself being patented (things which predate humans). It's happening right here in Europe, where a bunch of bankers and politicians nowadays call computers "AI" and then use the buzzwords to justify patents on mere operations, which are all reducible to mathematics.

We've come across numerous software patents articles lately. Many are about the European Patent Office (EPO) because such patents are perishing in the US. Some of these articles come from the patent trolls; lobby (IAM), especially earlier this month, but they're all behind paywall; we assume it's so that critics cannot see and rebut without buying subscription (i.e. funding the trolls' lobby).

What good is the job of a patent examiner if the skills required are basic or 'feel' basic? What if there's insufficient time to research the area, learning in the process of working? What if wrong decisions are being made, which later lead to human agony and injustice?

Today's EPO has lost the ability to attract talented people, but seeing that hirings aren't even on the agenda anymore, the management probably doesn't care. These people only care about securing as many huge salaries until the end of their term. The longterm viability of the EPO isn't a concern of theirs.

EPO employees no longer have permanent contracts, so why would they feel loyalty to the employer? Or to the stakeholders?

R.I.P. Kat, a blog by a (likely) EPO insider, has just spoken about that EPO 'survey' (it lies about staff's sentiments [1, 2]), saying that António Campinos et al should "define a career system with a clear link between achievement and reward, and not the present system where, in 2018, staff exceeded all production targets to be rewarded with an unmatched number of "below" or "far below objectives"?"

They just want to grant lots and lots of European Patents, even software patents. More from R.I.P. Kat:

Apparently, President Campinos could not understand why the results of the study were so negative and why staff complained that they were not heard when he spent so much time having breakfast with them.

[...]

Unfortunately, the latest news do not show that management is listening. In the next article.


The management may be "listening"; pets too can listen, but that doesn't mean they understand, that they want to understand or that they will obey instructions (which they barely understand anyway).

Meanwhile, as we've been showing in recent months, more and more European Patents perish in courts, proving the point SUEPO has been making for years (and as recently as weeks ago).

Here is what "MaxDrei" has just said about the EPO's problem-solution crisis or approach, PSA. It's about the UK Supreme Court tossing out a European Patent after millions of euros were spent on lawyers:

Do I read here a unamimous Supreme Court panel putting EPO-PSA for the first time on an equal footing to Windsurfer/Pozzoli, both being seen as a "gloss" on the statutory question "Obvious Y/N?", a "gloss" that is helpful to teaze out the correct result?

And if so, will this have as consequence that, from now on, obviousness will be pleaded in the courts of England and Wales in line with EPO-PSA, ie, the established case law of the Boards of Appeal of the EPO.

I mean, if Windsurfer leads to the same result as EPO-PSA, why bother with it any longer? Applying EPO-PSA at first instance should have the effect of cutting down the number of appeals to EWCA. After all, the tenor of this piece seems to be that if EPO-PSA had been argued from the get go the proprietor might have saved the patent.


There are lots of fake European Patents that courts toss out and there may be more on the way at the highest British court. It didn't have to come to this, but the EPO ends up with lots of rubbish patents and not even a UPC to water down European patent law and permit patents on everything under the sun.

Recent Techrights' Posts

Microsoft Won't Need to Kill Red Hat Because IBM is Already Doing It (Corporate Suicide)
Many comments critical of Arvind are deemed "racist" and removed, which is probably serving to justify IBM's choice of identity politics
The EPO's Central Staff Committee Explains the EPO Became So Corrupt That It Strives to Almost Automatically Grant Every Patent (Monopoly) Request
Each time this is done deliberately by the management should be considered a serious white-collar crime, but at the EPO they flaunt diplomatic immunity as they destroy Europe for "profit" (we know whose)
Lots of Anti-Linux FUD This Week, Some of It is Microsoft- or Chatbot-Generated Spew
The bad news is, we're seeing lots of anti-Linux trash this week in the media
Red Hat Publishes Windows Article, Omits Authors' Names
In the past, Red Hat published Windows articles for Microsoft staff. We covered examples.
 
[Meme] A Cup of Apple
Turns out it's some Apple thing
Links 27/09/2024: China Tensions Growing, JUVE Patent Posting SPAM Again (the Real Business Model)
Links for the day
Maintenance and Plans for Next Week
a headsup
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 26, 2024
IRC logs for Thursday, September 26, 2024
More Microsoft Layoffs, Second Very Large Wave This Month
Will OpenAI collapse soon (exodus of executives continues)?
Gemini Links 27/09/2024: Run Results, Primitive Pics
Links for the day
[Meme] Break the Law for the European Patent Office (EPO) or Die (Get Sacked in a Terrible Economy)
Europe's second-largest institution forces scientists to grant illegal monopolies to multinationals (or go broke)
Links 26/09/2024: Russia's Escalation in Its Nuclear Tone
Links for the day
Why We Keep Saying Bryan Lunduke is a Liability
In recent days he promoted the idea Trump had won the 2020 election
The Media Has Hardly Mentioned This, But New Antitrust Complaint Filed Against Microsoft in the European Union
"AFP has wirefeed article picked up only by two sites about how Microsoft abuses Azure to 1) lock-in 'customers' and 2) overcharge them 400%"
[Meme] How Crime Becomes the 'Normal' in Society
crimes pile up and nobody even keeps a count
EPO Dictatorship, Facing Growing Pressure From Senior Staff for Breaking Laws and Illegally Running the System, Turns to "Young Professionals" (to Crush Voices, Rights, and Benefits)
The European patent system has become a bloody jungle and the "courts" are themselves a violation of the law. They have no actual legitimacy, they're run for and by industry (as in, large corporations, not even European).
A Year Since the Big Switch - Part V - In Summary
"The truth always finds its way out, even years and years and years later. The truth always prevails." -Tyler Hamilton
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 25, 2024
IRC logs for Wednesday, September 25, 2024
Gemini Links 25/09/2024: Banning Leasehold, Eshell Ramble
Links for the day
opensource.org Remains Almost Nothing But 'Hey Hi' Spam Sponsored by Microsoft
opensource.org (OSI) is a corrupt, compromised organisation, making up for its corruption with political correctness
Links 25/09/2024: Escalation in Lebanon, Disruptions in Seoul's Airports
Links for the day
What "Linux" Articles Look Like in ZDNet Right Now
It has been like this for days already
Gemini Links 25/09/2024: Endless Summer and Public TV Experiment
Links for the day
Technology: rights or responsibilities?
I've been wondering why I enjoy occasionally writing things for the Techrights site? What does "tech rights" mean to me?
Truth Prevails
Truth will ultimately prevail where there is pains taken to bring it to light. -George Washington
A Year Since the Big Switch - Part IV - Intimidation Against the Host/ISP, Which Offered Help Relocating to a Safer Haven
Robust hosting helps sites prevail for decades, not years
Links 25/09/2024: ccTLD Phishing Characterisation, Advertising Industry Has Over a Thousand Contracts With Polluting Industries
Links for the day
[Meme] EPO Versus Technology (and Versus the Law)
They just simply don't care about the law; they break the law for profit
A Lot of Litigation at the European Patent Office Because the Administration Crushes the Rights of Staff
"on the real scope of cutting benefits the Office is thriving, with new measures every year."
Consensus Inside IBM That the Leadership is Gutting What's Left of the Company
Considering the debt and the lack of direction, it's hard to see how IBM can recover
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 24, 2024
IRC logs for Tuesday, September 24, 2024
Gemini Links 25/09/2024: Playing With Micro Emacs and Luddites
Links for the day