Bonum Certa Men Certa

European Patent Office (EPO) Management Not Supported by the EPO's Applicants, So Why Is It Still There?



More translations (with more languages) available in the site of the EPO's union, SUEPO

EPO pathway
The European Patent Office in Munich. Experts criticise the practice of granting inventor protection.
Photo: dpa/Sven Hoppe



Summary: This third translation in the batch is an article similar to the prior one, but the text is a bit different ("Patente ohne Wert")

A BIT less than a week before the EPO wanted (or merely hoped) to open an illegal and unconstitutional kangaroo court, in violation of international conventions, some condemnation came from the German press. This project will destabilise the EU by discrediting the EU, so Germany's government needs to sober up and listen to the warning signs. EPO corruption is highly contagious and it has been left to flourish for over a decade already. Here's the latest of the batch from SUEPO:

Criticism of the European Patent Office Patents without value



Munich - To increase its revenues, the European Patent Office grants questionable patents, say critics. Transparency International sees structures that favour corruption.

By Thomas Magenheim-Hörmann

The example described by the Munich patent attorney makes it clear what is at stake. A pharmaceutical company developed a pill against infertility, had it protected at the European Patent Office (EPO) and invested in its marketing. Then a rival entered the market with an alleged plagiarism. The patent holder went to court and lost. The alleged imitator was able to show a US patent that Epa examiners had overlooked. This rendered their property right worthless. "In extreme cases, this can cause millions in damages," explains the patent attorney, who wishes to remain anonymous. He works for one of the largest patent law firms in Europe. Patenting for several countries alone consumes a six-figure sum, and many times that amount is invested in production in reliance on the patent.

There is a system of lame searches, the expert complains. Examiners are encouraged to grant more and more patents because they maximise the office's income. Quality research falls by the wayside. Michael Heisel puts the grievances even higher. "We see structural problems at the EPO that facilitate corruption," says the Bavarian head of the anti-corruption organisation Transparency International.

39 countries represented in the Council

An element of this is the Epa Board of Directors, in which 39 European countries are represented and which is supposed to control the management of the office. But this is called into question by a conflict of interests, warns Heisel. On the one hand, the office takes over the patent examination for many countries. On the other hand

the states shares of the Office's income for granted patents. "The Administrative Council is not independent of the party being controlled, and that can't be good," Heisel criticises. Epa service instructions support this view. "Productivity has to improve, very soon, ... because productivity is the only thing that guarantees that our payroll will be paid on the 26th. of each month," writes an Epa director. The clarity of a patent is not a priority, the inventive step is not to be examined in depth, it continues. It is to be examined quickly, decided positively and recognised a lot, it means.

This practice is also a thorn in the side of Siemens patent chief Beat Weibel. His company is the largest German patent applicant and the initiator of an industry initiative with the abbreviation IPQC. 20 major international companies such as Siemens, Bayer and Nokia, but also smaller firms, have joined forces because they fear for effective patent protection. "We have nothing if patent examiners can't find the state of the art and can only do incomplete research due to internal time pressure," complains Weibel. Siemens has also had similar experiences with Epa patents. Representatives of IPQC and Office 2023 have met twice to discuss and resolve problems. But that already fails in terms of awareness. "The Office's management has denied that there are any quality deficiencies," says the Siemens expert regretfully. The Critics, meanwhile, remain silent. "We ask for your understanding that Epa does not wish to comment on this," a spokesperson explains succinctly when asked. Data speak a clear language.

For example, Siemens has documented an increase in the time spent on patent applications by one third in the last decade. At the same time, according to internal EPO statistics, the time available to examiners per patent search has almost halved. As a result, those who challenge patents are becoming more successful. From 2015 to 2021, the revocation rate climbed from 41 to 46 per cent, according to Siemens.

For 2022, a study by the Chair of Intellectual Property at the University of Osnabrück has determined a revocation rate of the Epa Board of Appeal of almost 50 percent. A further almost 40 percent of contested patents were marginally to substantially restricted. It is striking that not even one in ten revocations was based on documents that could not be found in the Epa patent database, the study authors write. In nine out of ten contested cases, the We need reliable patents, and examiners need enough time and experience for this," emphasises a patent expert from the Roche pharmaceutical company in Switzerland. He too is a member of th IPQC. Epa staff representatives support the accusations from industry and research. To the outside world, the management claims that everything is fine and plays down or completely ignores quality deficiencies, they explain. Only four out of five examiners who leave the office are replaced, despite an increase in work. "The Office must provide more examiners and more examination time," the Munich patent attorney also demands. A few years ago, several large patent law firms wrote an incendiary letter to the Office criticising the declining patent quality. This has been negated by the office. "Nothing happened," regrets the expert. Like Tranparency International, he sees the Epa Board of Directors as problematic. "There are States, for them this is a significant source of income," Weibel also criticises.

Patent trolls have also recognised this and use it for themselves. These are applicants who apply for protective rights for superficial patents, which are also granted if the examination is inadequate, explains Heisel. These patents then block competitors. "China in particular applies for a large number of patents, and if they are not carefully examined, this can deprive German companies of innovation opportunities," warns Heisel.

Patents: More and more applications from China

The European Patent Office, with its headquarters in Munich, is a supranational organisation and not an EU organisation. The management of the Office, under President Antonio Campinos, is controlled by the EPO Administrative Council. It is made up of representatives of the 39 European states that have acceded to the European Patent Convention. Germany is represented by a State Secretary for Justice. In particular, patent applications from China have been on the rise at the European Patent Office for years . In 2022, the increase on this basis was a good 15 percent to more than 19,000 requests for protection by Chinese inventors. mho


All of a sudden all those EPO photo ops with China don't quite look the same. And much can be said about the EPO doing so much business with Belarus (outsourcing parts of the EPO to Vladimir Putin's 'oblasts').

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024