Bonum Certa Men Certa

Patent Prosecution Highways and Examination Highways Are Dooming the EPO

Chicago night traffic

Summary: Speed is not a measure of quality; but today's EPO is just trying to get as much money as possible, as fast as possible (before the whole thing implodes)

QUALITY of patents granted by the European Patent Office (EPO) is very different from what it was a decade or more ago. Battistelli wasn't the first to lower patent quality, but he certainly was the biggest blow to it. After he was done attacking judges and driving out talented examiners António Campinos came in, openly promoting software patents in Europe under the guise of "4IR" and other nonsensical buzzwords.

"We will address the quality & timeliness of the European #patent granting procedure an see a demonstration of our new Espacenet that is soon to be launched at this event in The Hague," the EPO wrote in a new tweet.

"Lack of press coverage about systematic declines in EP quality is actually part of the problem."So I asked: "What do you mean by "quality & timeliness"?

"Those are now the same thing at EPO (which conflates speed of grant with "quality") ..."

Many people, attorneys included, have already brought up this point. What good will European Patents (EPs) be if their assigned parties cannot use them in court? Sooner or later those parties may no longer bother with EPs at all.

Lack of press coverage about systematic declines in EP quality is actually part of the problem. Somehow the media does not seem to care about new pilots and controversial programmes designed to lower patent quality while misusing words like "Quality", "Collaborative" and "Improvement". Media in Europe clearly decided if not 'conspired' to turn a blind eye to further EPO leaks and whistleblowers (it wasn't always this way). Instead it promotes lies, funded directly by the EPO. At least we know whose side such media is on.

"Somehow the media does not seem to care about new pilots and controversial programmes designed to lower patent quality while misusing words like "Quality", "Collaborative" and "Improvement"."We are still seeing all sorts of stories about EPs that perish in courts. It means that suing using EPs has a high associated risk; there's a good chance nobody will benefit except the lawyers. Earlier in the week Hogan Lovells’ litigation team published a writeup about a Dutch lawsuit with an EP, copied onto here for extra exposure. To quote from JD Supra:

Celltrion claimed that the EP is invalid for lack of novelty, arguing that it is not entitled to invoke the priority of P1. According to Celltrion, the Inventor did not (timely) transfer the priority right to Biogen. The parties agreed that if the EP was not entitled to the priority right, a certain publication would destroy the patent’s novelty.

Biogen argued that the priority right was automatically transferred to Biogen at the time of its creation because the Inventor and Biogen had entered into an “Employee Proprietary Information and Inventions and Dispute Resolution Agreement” (“the Agreement“).

In 2017, the District Court ruled against Biogen and considered that Biogen was not entitled to the priority of P1 (and hence that the EP lacked novelty). Biogen appealed the decision and in its (interim) decision of 30 July, the Court of Appeal ruled on the formal entitlement to priority. However, it has not yet dealt with other validity arguments raised by Celltrion.

[...]

It makes sense that, any formal deficiency in such a transfer should not have a possible lethal consequence for the validity of a patent. Unfortunately, it is unclear whether the Dutch Court of Appeal agrees with the EPO’s joint applicants approach so, watch this space for further developments.


From the above, which may not be a closed case, it seems rather likely that the lawsuit will go nowhere. In our experience, having surveyed lots of lawsuits every day for about a decade, the likelihood of patent lawsuits being "successful" (for the plaintiff/claimant), has virtually collapsed. Many patents granted by patent offices are later rejected by judges and juries. For the lawyers this may not matter much; they bill by the hour irrespective of the outcome of cases. But deep inside they know that low legal certainty will eventually cause reluctance to sue and pursue (applications).

Recent Techrights' Posts

No, We Don't Want to Go "Viral" (and You Probably Don't, Either)
"Viral" junk gets forgotten quickly
Thinking About Abandoning 'Google News' Altogether Due to Easy Poisoning by LLM Slop
As long as Google News keeps sending traffic to these leeches, it'll be very hard to justify relying on Google News for anything at all
 
Graveyard of Mastodons: A Vast Number of Inactive Accounts
More than 80% of users in mastodon.social (the "big one") are no longer active
Gemini Links 08/03/2025: Reading Cory Doctorow's 'Little Brother', Abandoning GAFAM Forever
Links for the day
Windows is Being Eradicated
On the Web, in Africa in particular, user strings or UAs that say "Windows" are becoming more rare
For International Women's Rights Day (Today) Staff Representatives at the European Patent Office (EPO) Opened Up on Gender Discrimination at the Office
Office discrimination against women is widely known; unless you sleep with men in management
Links 08/03/2025: International Women's Day, Software Patents Being Squashed
Links for the day
Under the Pen Name "John O'Donnell" (LLM Slop, Not Real Article or Author) LinuxLinks Pushes Spammy Page
it happened some hours ago.
Links 08/03/2025: Tariff Self Harm and Mostly Solved Diseases Making a Comeback
Links for the day
Links 08/03/2025: Climate Change Causing Food Shortages, Selling Off Chrome Still in the Cards
Links for the day
Gemini Links 08/03/2025: Driving in Japan, GrapheneOS, Tariffs Silver Lining
Links for the day
Working Like a Pack of Hyenas, the Microsofters Try Hard to Hide the Truth and Actively Censor Critics
They even target women
The Fall of the Open Source Initiative (OSI): Bylaws of the OSI a Shocking Oversight
That's what the OSI is right now: a salesperson
Links 08/03/2025: Microsoft Failures, Further Attacks on Speech in Hong Kong
Links for the day
Gemini Links 08/03/2025: Physical Albums, Analog Computing, Deleting All Social Control Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 07, 2025
IRC logs for Friday, March 07, 2025
OpenAI, Deep in Debt With Growing Losses, Sees Web Traffic Falling Fourfold in a Year
Microsoft's shares have fallen over 10% since the last report and OpenAI is trying to con people via Wall Street, offloading the debt to some gullible fools
Microsoft's Social Control Media Efforts Cratering (GitHub and LinkedIn)
Expect more layoffs
Microsoft Office is a Dying Cash Cow and Now It's Just Dying/Starving
Most people use Android and they don't need some bloated office suite because many processes involve Web forms
Links 07/03/2025: Radio’s Death Knells and US Abandoning Ukraine
Links for the day
Gemini Links 07/03/2025: Replacing Firefox with LibreWolf, Visiting Churches
Links for the day
Links 07/03/2025: Oracle Layoffs, HPE Eliminates 3,000 Jobs, Massive Price Hikes at Microsoft, More Surveillance in Microsoft's Stuff
Links for the day
Manslaughter: Haverfordwest convictions, Abraham Raji & Debian DebConf drowning
Reprinted with permission from Daniel Pocock
Open Source Initiative's (OSI) Latest IRS Files: Only 2.9% (2.90046827447%) of Its Income is From Members
So almost all the money is corporate
Open Source Initiative (OSI) Reported to the California Privacy Protection Agency (Formal Complaint)
Time will tell if a Cheeto-controlled California will take this seriously or just brush it aside like a head of state from Ukraine
Half a Decade Without Social Control Media
Not all audience is desirable
IBM Laid Off Almost 2,000 Staff Last Friday and No Western Publication (Newspaper, Web Site) Even Mentioned That
Only some Asian sites mentioned it
Under IBM, After Killing OpenSource.com, the Next Casualty May be "Community Blog" of the Fedora Project
It sounds like they already made the decision/s
Social Control Media as a Rapid Race to the Bottom - Part IV - Physical Health, Mental Health, and Debilitating Anxiety
One is better off feeding stray pigeons (rather than scrolling and clicking on "timelines" like a dumb pigeon)
Links 07/03/2025: WSL Breakage (as Usual), Abandoning WordPress for Hugo
Links for the day
LLM Slop Versus Richard Stallman
"Compilation Of Corruption: Jeffrey Epstein And The Halls Of Academia"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 06, 2025
IRC logs for Thursday, March 06, 2025
Microsoft Laid Off Several Thousands of Workers (Not Counting Those Driven Out) in 3+ Waves of Layoffs in 2 Months in 2025
About a thousand workers laid off per month
Microsoft Reduced to Almost Nothing in the Congos
Even worse for Microsoft in DRC (Democratic Republic Of The Congo)
Rumour: After FSF Abandons Office in Boston LibrePlanet Will Also Leave Boston
In the past, Libreplanet (or LibrePlanet) was 'branched' out of MIT to "lesser" universities in the same city
Why We No Longer Hear About "Red Hat Layoffs"
Sometimes they don't call them "layoffs" are all; it's just PIPs, RTO, and "relocation" offers. They try to compel people to resign/retire
Reputation is Not a Human Right, It's Something One Earns
One can also lose one's reputation for harming women
linuxsecurity.com is 100% Slopfarm, Nonstop Fake 'Articles' About Security and "Linux"
More than one fake 'author' participates in this, so it deserves condemnation
FreeBSD Foundation is Trying to Improve "Laptop Support", But It Has Outsourced Everything to Microsoft Proprietary Software
Despite many valid alternatives existing and fast maturing
Links 06/03/2025: Discord Wants the Public to Pay for Losses, MongoDB Shares Collapse
Links for the day
Gemini Links 06/03/2025: Remaking Sites, Gemini Capsule Turns 5
Links for the day
Links 06/03/2025: Trade Wars, Trademarks, Attacks on (and by) the Media, Digg to Relaunch
Links for the day
Social Control Media as a Rapid Race to the Bottom - Part III - Foreign Interference and Chaff/Flare
Why would you trust alleged 'communication' (platforms) controlled by the same people who cut your undersea cables?
The Fall of the Open Source Initiative (OSI): The Problems Are Much Bigger Than the Rigged Elections
It's not only about elections
Dr. Andy Farnell on Brutality and (or of) Brute-Force Computing
"Understandably, the ecological cost of compute was never really on the minds of pure computer scientists"
IBM Absorbs More of Red Hat and There Are Several Layoff Rumours
Those are just rumours for now
[Video] Richard Stallman Explains What Intelligence in Computing Really Means and How Old That Is (Story About 1975, 50 Years Ago)
Uploaded 11 hours ago by Manuel Cuda News
Gemini Links 06/03/2025: Digg, Project Failure, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 05, 2025
IRC logs for Wednesday, March 05, 2025