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

Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
 
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
The Demise of Shopping in Person
In a world like this, how valued is the customer?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025
Geminispace is Very Large
The word continues to spread and the number of participants grows
Another Wave of Microsoft Layoffs, This Time During National Day Holiday
This time it's China again
10 Out of 10: RMS Attracts Massive Audience in Göteborg, Sweden (All Seats Occupied, Some People Standing)
a 55-second clip of his talk
Staying Happy in Times of Crackdowns on Civil Society
Optimism in this sort of "new reality" or "new normal" seems like something for the irrational person
"Nobel" Exploited Posthumously for "AI" Hype, Now They Do the Same With "Quantum"
ere have been many jokes about "Nobel" for peace (often granted to pro-war people) and a fake one for "Economics" (establishment propaganda)
Slopwatch: Plagiarism and "Linux" Articles by Bots
Sites that do this won't survive; many of them rely on slop services (suppliers) that will cease to exist after the bubble bursts
Links 10/10/2025: Putin Admits Russia Downed Azerbaijan Airlines Jet, More New Heat Records
Links for the day
Noteworthy Claim That IBM is Firing a Lot of Lawyers This Week (RAs in the Legal Department)
A lot of what they do is patent 'trolling' or lawyering up against their own staff (e.g. HR disputes)
Links 10/10/2025: US Judge Bars Attacks by ICE On Journalists and Protesters; “We Took The Freedom of Speech Away” Says the President
Links for the day
Slopwatch: Serial Sloppers, Google News Gifting Slopfarms, and Fake News/Plagiarism About "Linux"
Google itself is a slop pusher these days
Qualcomm, the New Owner of Arduino, Blasted for Its Software Patents Tax on 'Smartphones'
A lot of Qualcomm's patents are on software. We wrote about this in prior years.
XBox Layoffs Rumours, Downtime, and Criticism From XBox Co-Founder
"everyone is ditching the xbox."
Links 10/10/2025: Honoring The Legacy Of Robert Murray-Smith, Many Articles on the Hey Hi (AI) Bubble
Links for the day
Gemini Links 09/10/2025: October Gothic and Reading Middle Earth Role Playing; C and Ada
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 09, 2025
IRC logs for Thursday, October 09, 2025