Bonum Certa Men Certa

Patent Quality at the EPO Has Collapsed Since Battistelli Came, According to EPO Staff

EPO grant rate
From an internal EPO publication



Summary: Norway highlighted strong concerns about declining patent quality at the EPO several years ago under the Benoît Battistelli administration; like Battistelli before him, António Campinos uses the propaganda mill "IAM" to say the opposite of what is true (IAM is also being paid by the EPO's PR agency), so today we reveal what actual EPO staff says about quality of European Patents

THE following publication is not new, but it is still very relevant because Team Campinos with its propaganda mill "IAM" lied a lot in recent weeks. We repost it below with no further comment (none is needed, the charts speak volumes)



Munich, 04.07.2018 sc18025mp – 0.2.1/1.3.3

Clarification – Grant Rate



Some colleagues approached us with questions about the grant rate at the EPO. In a recent Discussion paper on Patent Qualityi staff representation argued that the current grant rate is about 69% whereas the EPO management sees it at around 57% in 2017. During the September 2017 meeting of the administrative council, the German delegate raised concerns about the ever increasing grant rate, which they found had reached 70%ii. We decided to inquire by first seeking clarification from DG1. Unfortunately we did not receive an answer yet. So we looked at past press releases, articles and management presentation. We found that the grant rate at the EPO increased by 15 point from 42% in 2009 to 57% in 2017.

According to the IP5 Statistics Reportvii the EPO defines its grant rate as the number of published EP grants divided by the total number of completed EP examinations in a given year (#grants + #refusals + #withdrawals). Unfortunately, we were not able to determine the total number of completed EP examinations for a given year since the number of withdrawals and refusals are not available to us.

As we are not able to calculate the grant rate, we collected the grant rates for recent years by looking at press releases, management presentations and news articles: see Figure 1 and Table 1. Particularly notable is the rise from 50% to 57% from 2016 to 2017.

EPO grant rate increased from 42% to 57%; +15 points
Figure 1: Grant rate as communicated by the EPO management



Grant rate as communicated by the EPO
Table 1: Grant rate as communicated by the EPO (sources: 2007 and 2008iii, 2009iv, 2010 and 2011v, 2012vi, 2013 to 2014vii, 2015viii, 2016ix, 2017x)



Grant rates (as well as refusal and withdrawal rates) are of course a dubious indicator of patent quality. The underlying hypothesis is that the quality of the incoming patent applications remains stable over the years. However, this is unlikely, as it can be argued that the legal framework over the years improves. Furthermore, search tools for applicants to check available prior art before filing an application are much better today than some years ago.

Hence, whether the grant rate gives much indication about patent quality is open for discussion. However, the grant rate communicated by the EPO indicates an increase of 15 points in comparison with 2009. We think that this deserves a proper and transparent analysis.

Discussion Paper on Patent Quality

We are pleased that the Discussion Paper on Patent Quality finally triggered some discussion on patent quality within the management. In our view this is urgently needed. The statement that the grant rate increased from 50% to 70% was based on incorrect data; now thanks to new data provided by the management we are able to give more precise figuresxi. The result is that absolute values are different but the trend of an increasing grant rate is real: The grant rate increased from 42% to 57%.

Unfortunately, when investigating the grant rate we need to rely on press releases by the EPO, news articles and management presentations. We cannot directly verify the numbers. In particular, we could not find the yearly total number of completed EP examination proceedings for the years 2009 to 2017, i.e., the exact number of grants, withdrawals and refusals. Before 2009 this number was published in the Annual Report which the EPO publishes every year. We asked the EPO to provide us with the necessary data, albeit with no luck until now.

The error in the calculation of the Grant Rate in the Discussion paper on Patent Quality The main data sources for the grant rate as published in the Discussion Paper on Patent Quality were the Annual Reports of the EPO. The wrong assumption was that the total number of completed EP examinations in a given year corresponded to the number of “Examinations” as published in the Annual

Reports. For example for 2017 “Examinations” amounted to 153.858 (B) and the number of published grants to 105 635 (A), see Figure 2 and Figure 3, for 2017. Hence, a calculated grant rate of 0,69% for 2017 would follow by the division A/B. However, “Examinations” does not correspond to the number of completed procedures in EP examination, but to the total number of communications sent out by examiners. In the yearly report for the EPO every single communication counts as a product, as can be seen in Figure 4. Internally for examiners only final actions count as products, hence the error of interpretation.

Examinations at EPO
Figure 2: Examinations (Annual Report 2017xii , EPO Intranet)



EPO grants
Figure 3: Number of grants in 2017 (Annual Report 2017xii, EPO intranet)




Figure 4: Total products (Annual Report 2017xii, EPO intranet)



____ i Good enough? A discussion paper on patent quality, 2018, https://munich.suepo.org/archive/su18003mp.pdf ii CA/91/17, Draft Minutes of the 153rd meeting of the Administrative Council, paragraph 88, 24.11.2017, http://main23.internal.epo.org/projects/micado/micadn.nsf/198832a7132e4641c1256fcc002de3ed/e2ca77d3ad94c8cbc12581e20046cee0?OpenDocument iii European Patent Office takes a tougher stance on quality as European patent applications continue to rise, IAM, 2009, https://www.epo.org/news-issues/press/releases/archive/2009/20090317.html iv EPO patent grant rate plunges as the backlog grows, IAM, 2010, http://www.iam-media.com/Blog/Detail.aspx?g=76431827-efdb-430f-84d6-e595e6789902 v Low grant rate is an indicator of quality, says EPO president; UK lags however you look at it, 2012, http://www.iam-media.com/Blog/Detail.aspx?g=4d81a9f1-03bb-4438-b538-63928cd398a7 vi IP5 Statistics Reports 2012 Edition, https://www.fiveipoffices.org/statistics/statisticsreports/statisticsreport2012edition/IP5statistics2012.pdf vii The EPO defines its grant rate as “... the number of applications that were granted during the reporting period, divided by the number of disposals in the reporting period (applications granted plus those abandoned or refused).”, IP5 Statistics Reports 2014 Edition, https://www.fiveipoffices.org/statistics/statisticsreports/2014edition/ip5sr2014.pdf viii EPO achieves major performance gains in 2015, press release, 2016, https://www.epo.org/news-issues/news/2016/20160113.html ix EPO Quality Report 2016, https://www.epo.org/news-issues/news/2016/20160113.html x Management Presentation, May 2018, Our commitment to Quality, DG1 xi We approached the management prior to publication of the Discussion paper on Patent Quality to discuss and verify the data, but unfortunately to no avail. xii Annual report 2017, Granted Patents, https://www.epo.org/about-us/annual-reports-statistics/annual-report/2017/statistics/granted-patents.html#tab1


Aside from the above, the Munich SUEPO committee had also published at the time "Good Enough?"

It described it as "[a] discussion paper about patent quality at the EPO [...] drafted by colleagues of the local staff committees of Berlin and Munich. Until now the EPO administration refused to publish this document on the EPO intranet. We think this discussion paper should be read and discussed by as many EPO stakeholders as possible. That is why we publish it now on our website and we hope it will result in many fruitfull discussions amongst the EPO stakeholders."

At the time, Team Battistelli was crushing any attempt to study actual patent quality and validity (or compliance w.r.t. the EPC), scuttling any existing attempts to do so. We wrote about it back then. Here's the illuminating full paper, which is 31 pages long. [PDF]

Recent Techrights' Posts

Windows in Åland Islands: From 100% to Less Than Half
Åland Islands lost the sense of urgency to move to GNU/Linux
Not Just Slow News But Also Late News (Julian Assange Landing in Thailand)
Why did AP take so long (nearly a week) to release these?
[Meme] Smart Alec Poettering
How many Microsofters can the Debian Project withstand?
Getting Rid of Microsoft Does Not Go Far Enough
Microsoft already has many problems. One day Microsoft won't exist anymore. But that does not guarantee users' freedom.
Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
Links for the day
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
 
Press Complicity and Public Apathy All Along Enabled 14 Years of Illegal, Arbitrary Detention and Coercion Into Plea Bargain of Julian Assange on Brink of Death
They basically blackmailed him into letting the US 'win' the argument
At the End Journalism a Crime (If It Involves Accessing or Gaining Access to Documents Marked "Confidential" or "Classified" by Those Looking to Hide Their Misconduct/Crimes)
At least in the US, especially where the imperialism is at stake
Links 30/06/2024: Tensions in Korea and Japan, Criminalisation of Sleeping Outdoors
Links for the day
100% Slop/Spam From linuxsecurity.com
This is the kind of stuff that's killing the Web faster
Gemini Links 30/06/2024: Murdoch and Ideal OS
Links for the day
In the First 6 Months of 2024 Thailand Moved to GNU/Linux, Not to Windows Vista 11
maybe users moved from Vista 10 and 11 to GNU/Linux, seeing where Microsoft was heading with forced hardware "upgrades"
Eko K. A. Owen, New Outreach and Communications Coordinator for the FSF
Nice to see many new additions to the FSF's team
Microsoft Has Slaves and Enablers, Not Partners
Obligatory meme too
Tobias Platen Covered Freedom-To-Play Games in LibrePlanet 2024
Freedom-To-Play games using Taler
[Meme] Opening a 'Webapp' With 'Only' 4 GB of RAM
Until 2020 none of my PCs ever had more than 2 GB of RAM
Destination 'Five Percent'
We reckon GNU/Linux can break the 5% barrier some time by the end of this year, even without counting Chromebooks
A Crisis of Online Journalism
Almost a week ago a journalist was forced to plead guilty for an act of journalism
Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
openai.com traffic plunged 60% last month
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock