Bonum Certa Men Certa

Next Week's Annual Report From the EPO Will Say Nothing About Decline in Patent Quality

The EPO is going downhill, but its PR people will claim the exact opposite (it's their job to mislead)

Decline



Summary: Decline in patent examination standards for the purpose of 'faking' growth (like Battistelli wants) won't be accounted for in the annual report, nor will attempts to attract more applications/applicants by offering them 'discounts'

THE management of the EPO will release its annual report in a few days. As we explained some days ago, this report will hide the negatives and accentuate the positives, just like last year. We wrote many articles last year in order to explain how facts had been distorted and poorly presented by the EPO.



"As we explained some days ago, this report will hide the negatives and accentuate the positives, just like last year."EPO PR people already prepare their rather limited audience (many followers are not real people): "Stay tuned to find out about patenting trends in 2017. We will publish our annual report on 7 March."

On Friday they also resorted to more greenwashing tweets about patents that typically prevent proliferation of 'green' technology, rendering it an overpriced monopoly rather than the Commons.

"We wrote many articles last year in order to explain how facts had been distorted and poorly presented by the EPO."In the meantime we are assessing the sorts of patents granted by the EPO. Some are more controversial than others, so those subjected to appeals/oppositions are a little more interesting. Well, meanwhile we have been looking into some European Patents (EPs) on algorithms as they do exist.

Patent number/ID EP2179387/EP2179387A4 (publication number 08775543) seems interesting because it's summarised as follows: "Disclosed is a method and an advertising system for delivering advertisements in a mobile communication network. The method comprises detecting a need to deliver an advertisement, and arranging said delivery such that one or more indicators of advertisement behaviour specific to individual recipients of advertisements and/or to the overall system are taken into account. delivery of advertisements in mobile advertising system."

No device or anything, just a simple chart. I've read it and it seems like a classic software patent. It's not supposed to have been granted (in my humble assessment), yet law firms are all too eager to see everything patented. Benjamin Henrion, for example, has just highlighed this new blog post from epc.nl (entitled "Software patenteren vergt creativiteit"). The domain they chose for their firm is interesting because it sounds like EPC in the Netherlands (the EPC denies software patents actually), so the acronym "EPC" got sort of hijacked by software patents proponents.

"In the meantime we are assessing the sorts of patents granted by the EPO."When the annual report comes out next week remember that this annual report includes no measure of quality and it exploits a depleted pool of pending/queued applications that are assessed and often granted in a rush. This annual report would not account for reduction in fees, which in our assessment may contribute to an artificial surge in number ("discount"/"sale" tactics) without adjusting the numbers accordingly, e.g. total revenue.

Someone has just posted the following comment at IP Kat to say:

But it does put me in mind of the current obsession inside the EPO with the "clarity" of the text of patent specifications. This obsession is absurd, but it does provide a glorious proof of what you write about, that every reader has a different and unique interpretation of any given text.

No patent attorney ever reached 100% "clarity". For the EPO to refuse a petition from the inventor, applicant or patent owner because its clarity is less than 100% is outrageous. Perfect clarity is something one can approach only asymptotically. The EPO should confine its enquiry to whether the level of clarity is good enough, whether it is "fit for purpose", and not whether it is 100%


From what we have heard or read, one serious issue at the moment is that many rejections are due to rather superficial things or clerical mistakes (how an application gets filed) rather than underlying technical deficiencies, lack of merit, prior art etc. It's a lot easier to disqulity an application this way, creating an illusion of high 'production' whilst also maintaining similar rejection rates. If anyone inside or outside the EPO has further insight on this, please get in touch. Forums for discussions of EPO matters (e.g. CSC publications, blog comments and so on) are being suppressed these days, impeding free flow of information. EPO management has so much to hide.

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day
LWN (Earlier This Week) is GAFAM Openwashing Amplified
Such propaganda and openwashing make one wonder...
Open Source Initiative (OSI) Blog: Microsoft Operatives Promoting Proprietary Software for Microsoft
This is corruption
Libre-SOC Insiders Explain How Libre-SOC and Funding for Libre-SOC (From NLNet) Got 'Hijacked' or Seized
One worked alongside my colleagues and I in 2011
Why We're Revealing the Ugly Story of What Happened at Libre-SOC
Aside from the fact that some details are public already
Removing the Lid Off of 'Cancel Culture' (in Tech) and Shutting It Down by Illuminating the Tactics and Key Perpetrators
Corporate militants disguised as "good manners"
FSF, Which Pioneered GNU/Linux Development, Needs 32 More New Members in 2.5 Days
To meet the goal of a roughly month-long campaign
Lupa Statistics, Based on Crawling Geminispace, Will Soon Exceed Scope of 4,000 Capsules
Capsules or unique capsules or online capsules are in the thousands and growing
Links 24/07/2024: Many New Attacks on Journalists, "Private Companies Own The Law"
Links for the day
Gemini Links 24/07/2024: Face à Gaïa, Emacs Timers for Weekly Event, Chromebook Survives Water Torture
Links for the day
Why Virtually All the Wikileaks Copycats, Forks, and Rivals Basically Perished
Cryptome is like the "grandpa" of them all
A Total Lack of Transparency: Open and Free Technology Community (OFTC) Fails to Explain Why Over 60% of Users Are Gone (Since a Week Ago)
IRC giants have fallen
In the United Kingdom Google Search Rises to All-Time High, Microsoft Fell Nearly 1.5% Since the LLM Hype Began
Microsoft is going to need actual products or it will gradually vanish from the market
Trying to Put Out the Fire at Microsoft
Microsoft is drowning in debt while laying off loads of staff, hoping it can turn things around
GNU/Linux Growing at Vista 11's Expense
it's tempting to deduce many people who got PCs with Vista 11 preinstalled are deleting it, only to replace it with GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 23, 2024
IRC logs for Tuesday, July 23, 2024