Bonum Certa Men Certa

The EPO's “Collaborative Quality Improvements” (CQI), Formerly Known as “Team Collaboration Project,” Shows the EPO Grossly Violating the Law, Granting Patents in Clear Violation of the EPC

In April: The Staff Union of the European Patent Office (SUEPO) Warns About the Granting of Tens of Thousands of Invalid European Patents Every Year

A horse race



Summary: "The European Patent Office helps your company to invent," joke EPO insiders in relation to the dubious CQI programme; "We informed some of the major European patent applicants about a new project," they said, "which is a diversionary tactic of the EPO management and now possibly a hobby horse of President António Campinos."

Seeing how Battistelli 'normalised' Brimelow's software patents "as such" (the predecessor's mistake, which we criticised the most), and seeing how his successor calls everything "hey hi" (AI) or similar buzzwords, we were curious to see how such patent applications would be handled by examiners. Some told us that they loathed granting such patents but were under enormous pressure to allow them. We published several articles to that effect. What would happen if the applicants participated in examination? Or contrariwise, if examiners took the applicants' side and helped them 'trick' the system (or violate the EPC)? One begins to wonder if the EPO is even a patent office any longer...

"Did you know? The European Patent Office helps companies to invent," said examiners at the EPO, who circulated the following text among EPO stakeholders. We reproduce the text below.

The European Patent Office helps your company to invent



24.06.2019

Dear Sirs,

Is your company's business model based on innovation but your employees (unfortunately) don't have any inventive skills? Don't worry. The European Patent Office (EPO) will help you out.

The latest creative “business idea” of the EPO’s top management can indeed turn (almost) any company into a high tech forge: EPO examiners are currently being trained to invent - for you!

You possibly belong to the large group of (old-fashioned) patent applicants who think that a patent examiner's job is to assess whether somebody has made an invention or not. If so, you may expect a patent examiner to do an in-depth prior art search for a patent application, and then, after thorough examination of the technical matter, to either deliver a patent for an invention or refuse the application for the lack of it. But these days nothing could be further from the truth.

The EPO President and top managers enjoy immunity from jurisdiction and execution. These people are above the law, including national law and ... patent law. Being one of these people – and knowing that you are above the law - you are free to do a lot of illegal and unethical things without taking any risk.

A current EPO pilot project is called “Collaborative Quality Improvements” (CQI). While users of the European patent system have become used to well sounding buzzwords whose true meaning is almost the exact opposite of what they appear to mean, they nevertheless seem to be buying the EPO’s we continue improving patent quality story. The CQI pilot was originally called “Team Collaboration Project” but later renamed. Its original aim was to boost productivity by at least 20%.

Several groups of examiners are currently working under the CQI umbrella, many against their will. The alleged objective of CQI is the improvement of patent quality by teamwork and knowledge sharing. This shall be achieved by more discussions within the three member examining divisions and regular CQI team meetings. But the unspoken objective of CQI is to increase the patent grant output. Examiners shall stop investing precious time in doing in-depth prior art searches. Instead, their managers expect them to base examination on the first potentially relevant document they come across. It is sufficient if that document, mainly its figures and some keywords, resembles a bit (just a little bit will be good enough these days) the patent application on the examiner’s desk. Ideally the examiner simply picks a document from a list generated by the EPO’s fully automated prior art search algorithm. That takes only a few minutes. The chosen document is then called the “closest prior art”.

In particular the COOs are pushing this new way of working. The first results of the CQI pilot were so promising that the EPO President mentioned them in an announcement to the staff earlier this year. VP1 presented the pilot to the Administrative Council in March 2019. The project is also mentioned in the (Draft) Strategic Plan 2023 (goal 3, key initiative 4) and shall be expanded to all EPO patent grant units.

Depending on the complexity of the technical field, a highly qualified, trained and specialized examiner needs in average 1 €½ to 2 €½ days to study a patent application and draft a search report and a detailed first reasoned assessment of the invention. But much of this effort shall in future be avoided. Prior art searching skills will no longer be required. Future EPO search reports may only contain some automatically retrieved documents. While the EPO’s automatic search algorithms are surely better than random number generators, the results they produce come rarely close to the truly relevant subject-matter, the genuine “closest prior art”.

Search reports will continue being published as usual, without any hint that the search process has been “streamlined”. The EPO’s obligation towards the other stakeholders, including your competitors and the public, are then formally met. The EPO will nevertheless charge you the full search fee.

But you will get something in return: instead of examining the patent application in the light of the prior art indicated in the search report (which can be rather irrelevant prior art, as explained above), the examiner will, during the examination phase, quickly read through the patent application and create your invention. This is sometimes achieved through collaborative brainstorming in pairs consisting of the examiner and the chairman of the examining division (that’s where the term “Team Collaboration Project” comes from). The aim of the exercise is to reach a horse deal for an “EPO invention”. When agreement is reached, you will receive a phone call from the examiner with a text proposal for a patent. The examiner will try to talk you into his proposal. All you need to do is to accept it. The proposal will then turn into your horse deal. But you won’t be aware of it since the examiner is not supposed to tell you that your patent application is being treated under the new work scheme. Of course, your competitors won’t know either.

When an automatically retrieved and rather irrelevant document is used as the “closest prior art”, the result of the consecutive patent examination will of course be arbitrary. The patents granted on such insecure basis will not provide legal certainty. But the EPO’s new business model is based on output (and bonuses for top managers) instead of honest work for the public. And why should you bother about carefully examining patent applications if you run a patent office being free to ignore the patent law?

We wish you a fruitful future cooperation with your business partner, the European Patent Office.

Yours faithfully,

Patent Examiners at the European Patent Office

Contact: https://www.epo.org/service-support/contact-us.html


So there you have it. The EPO is in gross violation of the EPC. Who's going to hold anyone accountable here?

Recent Techrights' Posts

Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
 
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day
Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
Links for the day
Another Terrible Month for Microsoft in Web Servers
Consistent downward curve
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024