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

KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
 
Gemini Links 21/11/2024: Alphabetising 400 Books and Giving the Internet up
Links for the day
Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
Links for the day
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024
Gemini Links 20/11/2024: Game Recommendations, Schizo Language
Links for the day
Growing Older and Signs of the Site's Maturity
The EPO material remains our top priority
Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
Links 20/11/2024: Politics, Toolkits, and Gemini Journals
Links for the day
Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
Links for the day
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
Links for the day
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024
Links 19/11/2024: War on Cables?
Links for the day
Gemini Links 19/11/2024: Private Journals Online and Spirituality
Links for the day
Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
Way to bury oneself in one's own grave...
The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
partnering with GAFAM
In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
Microsoft is the next Intel basically
[Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
The Web is getting worse each year
Re-de-centralisation Should Be Our Goal
Put the users in charge, not governments and corporations in charge of users
Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 18, 2024
IRC logs for Monday, November 18, 2024