Bonum Certa Men Certa

Quality of European Patents Has Sunk, Value Diminished

Pieces



Summary: The trouble associated with declining patent quality at the European Patent Office and early warnings about it from the staff union

TWO days ago we responded to erroneous assertions that EPO staff representatives have not been warning about patent quality until recently. This is patently false. We'd like to revisit this in light of our previous post, which was about bogus patent grants in the US (in the late 90s).



In the latest comment, someone made a point by highlighting an article from almost a decade ago (when the EPO gave a green light/loophole to software patenting):

SUEPO has been busy sloganeering about declining patent quality since at least 2008 and Pompidou/Brimelow era.

http://www.iam-media.com/blog/detail.aspx?g=f440a64b-b45f-4af8-b02f-431db4f17c90


This was more or less an attack from Joff Wild, a mouthpiece of the EPO who habitually bashes the union (in this example he said "SUEPO needs to be completely transparent about its motivation" as if there's some malicious motivation).

The above comment, which comes from IP Kat, parallels a very long discussion thread about the British Supreme Court (SC) and EPO patent quality tests (e.g. Gold Standard). The latest comment says:

That last comment referencing AHP v Novartis is interesting for its suggestion that specialist patent judges are no nonsense types, who hold patent owners to the consequences of slips in their claim drafting. Perhaps SC judges are more generous?

Anon, you set me thinking that, in the litigation here, perhaps neither side fancied explaining to the SC the EPO habitual no nonsense brutal approach to claims to an undisclosed intermediate generalisation. That would explain Neuberger's observations on the EPO prosecution events.

But how might it be, that neither side educated the court? The patent owner would perhaps not want to alert the judges to its drafting slip lest the judge take the easy line, and punish him for it, as in the AHP case. The accused infringer would not want the unfortunate momentary drafting slip discussed lest it lead the SC to sympathise with the patent owner, conclude that a finding of no infringement would be disproportionately heavy punishment for a moment's carelessness, and serve justice by finding infringement.

Does any reader know how much education the SC got from the parties, on undisclosed intermediate generalisation practice at the EPO?


It is somewhat sad to see that while the US patent system tightens/restricts patent scope the opposite is true at the EPO. Under Battistelli the EPO surely accelerated toward the total dilution of value of European Patents. It spoils the work of decades' worth of applicants (even expired EPs which will suffer from bad reputation).

Recent Techrights' Posts

Drug Addiction is a Real Problem, It Destroys Families
a rather sensitive matter
Abuse Inside the Polish Patent Office (UPRP) - Part IV: Political Scrutiny and Errors/Inconsistencies in Official Documents
When such organisations receive scrutiny they start focusing on cover-up and muzzling of facts (or crushing people who say the truth)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 06, 2025
IRC logs for Friday, June 06, 2025
Slopwatch: LinuxTechLab, Planet Ubuntu, Anti-Linux FUD, and Microsoft SPAM
It's not easy to altogether avoid take articles these days
Gemini Links 06/06/2025: "MBA Tear" and Slop ('AI') as Plagiarism
Links for the day
Links 06/06/2025: "Convicted Felon and MElon Trade Insults" and Europe Snubbed by US Again
Links for the day
Links 06/06/2025: Microsoft XBox Bracing For More Mass Layoffs, Climate Disaster, Fake 'Money' Tokens From US President
Links for the day
Gemini Links 06/06/2025: Vanishing Cultures and MElon Implosion
Links for the day
Extortion is a Crime, Even If You're Based in Another Continent and Work for Microsoft
reported to British authorities
We're in 6/6 Now, Almost Halfway in 2025
2025 was probably the best year for us
South Americans Are Saying Goodbye to Microsoft
We're hardly even "Cherry-Picking" or conveniently singling out one South American nation
Abuse Inside the Polish Patent Office (UPRP) - Part III: Data Protection Failures, Just Like at the European Patent Office (EPO)
Just less than a decade ago we showed that the EPO had illegally shared staff data with third parties
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 05, 2025
IRC logs for Thursday, June 05, 2025
Pushing Microsoft's Proprietary Trash/Trap as "Open" and "Linux" (Windows is 'Linux' Now?)
Maybe it's time to just stop saying "FOSS". The people who use that term are promoting Microsoft.
Slopwatch: Comparing Linux to Vermin, Attacking BSD With LLM Slop, and Helping Microsoft Demonise Linux/OpenBSD/SSH Over Weak User Passwords
Microsoft must be laughing its arse off, seeing how a bunch of Serial Sloppers (no skills, no comprehension, no integrity, no creativity) and slopfarms use Microsoft LLM to flood the Web with anti-Linux FUD
Links 05/06/2025: US Poised for Another $2.4 Trillion to Debt, Cops Want GAFAM Kill Switches
Links for the day
Links 05/06/2025: First US Spacewalk 60 Years Ago, GNU Octave 10.2.0 is Out
Links for the day
Scandinavia Saying Goodbye to Microsoft
The Danes have had enough of Microsoft
GNU/Linux Measured at 6% in Bangladesh, According to statCounter
Windows isn't growing, it's going away
Nat Friedman Had Left Microsoft GitHub Exactly One Week Before Matthew Garrett Sent His First SLAPP (Which Was an Empty Threat, He Was Abusing the Legal System of Another Continent to Terrorise Critics Who Had Just Unearthed Major Microsoft Scandals)
And it was likely talked about by his lawyers around the exact same time Nat Friedman was packing up
Gemini Links 05/06/2025: Loop Earplugs Review and ANS Forth
Links for the day
Armenian Adoption of GNU/Linux
Russian influence in Armenian must be worrying to Microsoft
Abuse Inside the Polish Patent Office (UPRP) - Part II: Turning a Once-Respected Patent Office Into a Circus and Laughing Stock
It's not legal, but administrators who don't care about the law and don't fear the law would just go ahead and turn things to junk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 04, 2025
IRC logs for Wednesday, June 04, 2025