11.02.16

Patent Maximalism is Destroying the European Patent Office (Just a Paperwork Assembly Line), Exile of Boards Ensures No Turnaround

Posted in Europe, Patents at 11:15 am by Dr. Roy Schestowitz

…And the Administrative Council allows this to happen, knowing darn well the consequences

“Shallow understanding from people of goodwill is more frustrating than absolute misunderstanding from people of ill will. Lukewarm acceptance is much more bewildering than outright rejection.” ~Martin Luther King, Jr., 16 April 1963

LANDBRUG photo

Summary: The EPO is racing to the bottom of patent quality and the last resort, the Boards of Appeal, are being destroyed by Battistelli, who attempts to make this destruction appear like “improved independence” while the Administrative Council, led by Battistelli’s Pet Chinchilla, condones these outrageous moves or simply abstains rather than object (ruinous passivity)

THE EPO keeps following the footsteps of the old USPTO — the patent office in which there was only one goal: maximalise profit (for the Office). The inherent problem with this misguided strategy is that it’s short-term (and thus quite likely short-lived), as applicants sooner or later realise that their patents are being devalued and that the newer patents are not even worth pursuing. Too much of everything or too much of anything has a stigma or proverbs associated with it in many languages/cultures.

Watch this latest nonsensical piece of patent maximalism seeded by the EPO and EUIPO for cheap PR. The EPO is so proud that someone reprinted these lies — lies that even Managing IP refused to accept several years ago. Deloitte has also just released similar propaganda in the form of a press release. These people view the whole world in terms of patents (or so-called “Intellectual Property”, which also includes trademarks and other laws). “Industries that use IPR intensively have a huge impact on the economy, study shows. Here are the key findings,” the EPO wrote this week, repeating some of this whole nonsense. They try to take credit for every single segment of the science and technology world!

“Too much of everything or too much of anything has a stigma or proverbs associated with it in many languages/cultures.”In reality, the EPO needs the appeal boards and it needs outside (independent) auditors of patent quality. Sadly, Battistelli is allowed by his Pet Chinchillas at the Council to just demolish these boards, little by little, step by step. The EPO under Battistelli already rejects the law and doesn’t give a damn about what the European Parliament says, so much so that, as Benjamin Henrion put it today: “EPO software patent guidelines have been updated, they keep using the term “computer-implemented inventions” https://is.gd/U8GQmj” (this is a new publication from a British site).

Yet again, as a matter of fact, the EPO is pushing software patents that are against the EPC and the Parliament’s determination. This is happening every week these days, i.e. a lot more frequently than before. We have campaigned on this subject for a very long time (I have personally done so longer than this site’s existence) and this week comes yet another lie from the EPO (namely that people need no special software to apply for a patent, clearly a fallacy). Also this week we see the EPO using EPOPIC as yet another opportunity to distract from abuses, retweeting stuff like [1, 2].

“Why is the media no longer covering internal EPO affairs?”How many people are even aware of what goes on inside the EPO? As one insider put it (illustrating it visually too): “This is how it feels like walking through the EPO corridors in 2016″ (see the image and the responses there). Why is the media no longer covering internal EPO affairs? Have intimidation tactics worked? Why do insiders need to submit anonymous comments in some thread from almost 5 months ago? One such comment says: “The EPO is for sure a magic place with its 365 day/year Halloween, leave-no-trace social conferences and its alien AC support forces. Happy Halloween!”

“As a side effect, more of the EPO money is leeched towards Germany,” another person wrote about the relocation of the boards to Haar:

Re. Art. 36 EPC (weighing of votes):
Germany did not vote no in the Budget and Finance Committee…
I assume, Munich is happy that another building is now in use, thus earning taxes.
As a side effect, more of the EPO money is leeched towards Germany.

Without the German vote, the weighing will be very close against the mass of smaller countries coming to the Administrative Council meeting in December (meeting 150! time for a fancy dinner!).

Here is a very detailed comment about what happened in the meeting behind closed doors:

Yes the German delegation seems to be playing a double game here.
During the June assembly they did not make any criticism of the planned move.

The only delegations that criticised or questioned the proposal were as follows.

Switzerland
“The boards’ location falls within the EPO President’s powers. In the redesigned framework, the BOA President would also play a role, by drawing up their budget. Only via the budget can the Council exercise direct influence. So this is not a formal request either; we are merely pointing out that in our opinion the boards’ location has no bearing on their independence. The Swiss delegation is therefore not prepared to agree to any spending on relocating the boards, and suggests leaving them where they are.”

Ireland
“Relocation: Ireland believes that a separate location for the boards of appeal is neither justified nor required. Users have already expressed the view that
the boards are considered to be independent from the rest of the Office and the fact that the boards are physically located in the Isar building does not
impinge on their independence. It seems that even a relocation within Munich would give rise to unnecessary expense and my delegation cannot see that the expenditure associated with such a move could be justified.”

Austria
“As far as relocating the boards was concerned, those most immediately affected, i.e.BOA members and users, would have to agree. And the cost – even in the
Munich area – would also have to be taken into account.”

Netherlands
There was no point relocating the boards, as proposed in Section C of CA/43/16; this would merely waste money.

Slovakia
“The Office’s relocation proposal was certainly better than the original one, but even such a move should still be presented to the Budget and Finance Committee for opinion, because it would cost a lot of money.”

Czech Republic
“Lastly, on the relocation issue it agreed with earlier speakers. This was more an internal management issue, and should be uncoupled from the
independence question. But if the majority was in favour of a move, it would oppose it.”

Bulgaria
“Relocation did not seem essential, and the costs involved should be looked into.”

Denmark
“Lastly, it was certainly not convinced that relocating the boards – whether in Munich or the vicinity – would make them look more independent.”

As we predicted years ago, the EPO is rapidly losing top talent and is becoming a paperwork pipeline (look at the recruitment standards), without much/any science in the mix. See these two new articles [1, 2] that show us in what ways the EPO is ‘evolving’. Brain drain continues, but the priority now seems to be more paperwork. Nicely done? Painful, covert way to kill any joy and pride associated with a job at the EPO?

Unless something is done to undo the coup, the EPO will end up like the chinchilla shown at the top, dissected and skinned for whatever profit may be in it.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2016/11/02/patent-maximalism-at-epo/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 24/6/2021: Sparky 2021.06 and KMyMoney 5.1.2

    Links for the day



  2. Politicians Need to Crack Down on Microsoft's Monopoly Abuse Amid Yet More Attacks on Linux (Even From the Inside)

    The most abusive 'tech' company (akin to a cult disguised as "software company" since the 1970s) is distracting lawmakers and attacking Linux from the inside; thankfully, those insipid plans of theirs face major backlash from longtime kernel developers and GNU/Linux users



  3. [Meme] Timely Timing?

    There’s a hearing next week and the timing is a bit interesting (journalists away from their desks, most English-speaking lawyers also on holiday)



  4. IRC Proceedings: Wednesday, June 23, 2021

    IRC logs for Wednesday, June 23, 2021



  5. Virtual Injustice -- Part 15: A Pandora's Box... But for Whom?

    EPO insiders suspect that Campinos is trying to supplement the "absentee governance" of the Administrative Council with a new layer of "remote management" based in Alicante



  6. Links 24/6/2021: End of Akademy 2021 and Good News From SCOTUS (About PTAB)

    Links for the day



  7. Links 23/6/2021: TeXmacs 2.1 and Blender LTS Support

    Links for the day



  8. How to Install and Then Use NetSurf as a Web Browser for the User-Centric Web, Not 'GAFAMNet'

    Today we take a quick look at what it's like to actually install NetSurf (some distros, like some Xfce-based ones, are bundled with it); we then take it for a spin



  9. Shifting Back to Fundamentals and Basics of the World Wide Web (and Gemini)

    Gemini protocol or simplified Web might be the way to go; it's easier to maintain, secure, and it's vastly better in terms of performance



  10. First I Came

    Time after time people will be reminded — or learn the hard way — that self reliance and avoidance of disappointment typically requires self-hosting, proper standards, free software, and simplicity, not outsourcing, large frameworks, and other kinds of unnecessary complexity



  11. IRC Proceedings: Tuesday, June 22, 2021

    IRC logs for Tuesday, June 22, 2021



  12. Time for Linus Torvalds to Enforce and Protect His Brand From Misuse by His Employer, the So-called 'Linux' Foundation

    The gross misuse or misapplication of the brand "Linux" is being highlighted in this video about the latest examples. It has gone too far; whether Linus Torvalds wishes to rock the boat that’s the so-called ‘Linux’ Foundation is totally up to him, but it might help if people contact him directly, especially longtime users and proponents of GNU/Linux.



  13. Links 23/6/2021: WordPress 5.8 Beta 3 and More Openwashing by LF

    Links for the day



  14. Links 22/6/2021: KDE Plasma 5.22.2, FreeBSD 13.0 Compared to DragonFlyBSD 6.0

    Links for the day



  15. “Linux Foundation Partners With Microsoft” Again

    Jim "Open Source Loves Microsoft" Zemlin shows (or rears) his face again, and as usual it’s just more promotion of marketing rubbish and openwashing of Microsoft (several new partnerships with Microsoft announced just hours ago)



  16. Links 21/6/2021: NVIDIA’s DLSS and Most Beautiful GNU/Linux Distributions

    Links for the day



  17. Neil's Misgovernment

    The GNOME Foundation has one member of staff fewer; the attack on the founder/father of Free/libre software activism and GNU (the "G" in GNOME) failed and backfired spectacularly



  18. IRC Proceedings: Monday, June 21, 2021

    IRC logs for Monday, June 21, 2021



  19. Virtual Injustice -- Part 14: How Mandatory ViCo Became the “New Normal”

    How mandatory ViCo hearings gradually became the "New Normal" at the EPO



  20. Links 21/6/2021: Rocky Linux 8.4, IPFire 2.25 - Core Update 157, and SUSE Linux Enterprise 15 SP3

    Links for the day



  21. There Are Bigger Scandals Than Revisionism and Brand Dilution at the Linux Foundation

    There are some misconceptions that need tackling; back in February (more than 4 months ago) the so-called 'Linux' Foundation decided to associate with yet another controversial drive that has nothing to do with Linux; some people think it's a new thing and leap to conclusions



  22. Techrights Video Gallery Without JavaScript

    Some of the improvements made this morning to the gallery of recent videos



  23. IRC Proceedings: Sunday, June 20, 2021

    IRC logs for Sunday, June 20, 2021



  24. Links 21/6/2021: Linux 5.13 RC7, IRC.com by Freenode

    Links for the day



  25. Virtual Injustice -- Part 13: Let the Games Continue…

    "It would be nice to think that the events of 28 May have given the Enlarged Board pause for thought."



  26. Links 20/6/2021: Akademy 2021 Underway and Linux Foundation Blasted

    Links for the day



  27. EPO: Fake Patents, Fake (Paid-for) Patent Coverage, and Fake Awards for Public Relations Purposes

    The media has been thoroughly corrupted, patent legitimacy has been severely damaged (far too many European Patents aren't in compliance with the EPC anymore), and Team UPC is trying to undermine the EPC and turn Europe into another Texas



  28. Changes in IRC and New Features Over Gemini Protocol or the World Wide Web

    We examine more closely some of the latest changes in the site and the capsule (Web and Gemini, respectively); we show that it’s possible to keep abreast of IRC using nothing but a text editor, a Gemini client… or even the command line alone



  29. IRC Proceedings: Saturday, June 19, 2021

    IRC logs for Saturday, June 19, 2021



  30. We Need and Deserve a Saner Patent System in Europe

    The laughing stock that the patent system, the patent law firms, and patent media became (over the past few years) must be replaced; at the moment we have a cabal connected to a bunch of criminals running the entire show and the public understandably grows impatient (at least people who are sufficiently informed; the criminals have already intimidated and bribed a lot of the media and they're still bribing more of it, as we shall demonstrate later today)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts