Bonum Certa Men Certa

The European Patent Office (EPO) Will Need to Acknowledge It Has a Patent Quality Issue, Then Tackle It or Perish

EPO examiners know there's a problem, but the management continues to deny it

EPO quality letter



Summary: António Campinos is coming within less than a quarter of a year and unless he's willing to acknowledge a decline in patent quality and then do something about it, the Office is doomed and Europe will suffer

THE USPTO has already recognised the problem with its patent quality, which is why PTAB now corrects things, invalidating a great number of patents and setting an example which itself acts as a deterrent against trigger-happy lawyers. The EPO, on the other hand, keeps denying the problem (when we say EPO we mean the management; examiners repeatedly do highlight the problem).

"This merely devalues patents, making them impossible to navigate."What will Campinos do in July? Will he too deny the problem, just like his predecessor (who set him up for the job)? Probably.

Kluwer Patent Blog has just published "China is to Establish Patent Linkage," a long article by Hui Zhang, Xiang Li, Dani Min and Jiao Yuxin. China is basically granting some truly terrible (low-quality) patents just for the sake of numbers (we've always assumed as a bargaining chip in the face of sanctions, fines, trade wars); do we want to link them to Europe really? Do we want the likes of Battistelli to imitate the Chinese system? With well over a million patent filings per year? This merely devalues patents, making them impossible to navigate.

More invalid EPO-granted patents have just been mentioned by Brian Cordery and Rachel Mumby (Bristows) in the patent maximalists' blog, Kluwer Patent Blog. Notice the fate of EP’766:

Wise readers will know that when it comes to matters of the heart, it is often best not to interfere. Indeed, the Court of Appeal in its recent judgment in Edwards Lifesciences v Boston Scientific [2018] EWCA Civ 673, decided not to interfere with HHJ Hacon’s judgment that of the two patents in suit relating to replacement heart valves, one was valid and infringed (EP’254) and the other invalid (EP’766).


One must ask why EP’766 was granted in the first place. It was then used in a lawsuit. If that lawsuit relied only on this one patent, it would be frivolous and expensive for both sides. Also mind yesterday's press release regarding a patent on disposable sleep sensors. The company said:

Nox Medical, a leading sleep diagnostic medical device company and innovator has achieved a major success in EPO opposition proceedings initiated by Natus concerning one of Nox Medical's key patents, EP 2 584 962 B1, covering the biometric connector on its disposable RIP belts. The European Patent Office (EPO) has concluded that Nox Medical's European patent on the Nox RIP Belts is valid as amended in the opposition proceedings. Nox Medical is confident that its patent will also survive the appeal proceedings.


We typically focus on software patents in Europe. But it's interesting to see that in some other domains such as replacement heart valves the patents (EPs) are found to be invalid.

Recent Techrights' Posts

Peter Moon's (Computerworld) Interview With Richard Stallman
Stallman: If you want freedom don't follow Linus Torvalds
At What Point Does Outsourcing Constitute Malpractice?
Brett Wilson LLP's new staff page is misleading
From Do Your Own Research to Do Your Own Search
The Web is full of garbage; search engines amplify this garbage
 
The Modus Operandi of Wayland Pushers: Make It Political
do what I say or you're a nazi...
Links 23/06/2025: RFE/RL Contributor Vladyslav Yesypenko Released, Recording Industry Cutbacks
Links for the day
Brett Wilson LLP Solicitors (M): Over 99.9% of Our E-mail is Self-Marketing, We Send You 3.5MB E-mails for Less Than 1KB of Text
Why would tech people entrust legal matters to such people?
United Arab Emirates (UAE) Sailing to GNU/Linux, According to statCounter
countries in that region will quickly learn the price of neglecting digital sovereignty
More People Moving to Geminispace?
at age 6+ Gemini Protocol seems to have gained some maturity and it seems like more people use it
Permutation in LLMs Does, Inevitably, Change Meanings and Therefore LLMs Cannot Properly Rephrase or Summarise Texts
LLMs lack actual grasp or comprehension of what they spew out
Links 23/06/2025: Many Security Breaches, Population Declines
Links for the day
Gemini Links 23/06/2025: "America at the Crossroads" and OpenWRT Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 22, 2025
IRC logs for Sunday, June 22, 2025
Pure Dove
Different means different, and sometimes those who "deviate" from "the norm" have a point
Censorship is a Sign of Weakness Which Invites More Censorship Attempts
revolutionaries don't succumb to pressure from bullies
Why It's Unlikely That LLM Slop Will Dominate the Web in the Long Run
Slopfarms will eventually perish (they have no actual value) and "survivors" on the Web will be sites that never depended on search engines and social control media
GNU/Linux in Argentina Now Measured Near 5%
Like in central Europe, they must be seeing an increasingly hostile US
BetaNews is Fake News, Composed by LLM Slop
nothing in BetaNews is written by humans anymore
Links 22/06/2025: Giving Up on Smartphones and 'Jaws' at 50
Links for the day
Gemini Links 22/06/2025: Furniture Construction and Bubble for Comments
Links for the day
Links 22/06/2025: Windows TCO Tales and YouTube Getting More Hostile to Users
Links for the day
The FSF Board and FSF Beard
So the FSF's Board has grown
Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day