Bonum Certa Men Certa

The Lack of Genuine, Honest Discussion About Patent Quality Means That Under António Campinos Software Patents Will Continue to be Granted, Campinos Strives to Make Them 'Unitary'

Still basking in and glorifying Battistelli's "Quality Report 2017" rather than what examiners say

Napoleonic cannon
The Napoleonic President just wanted lots of patent wars in Europe



Summary: The agenda of the litigation 'industry' is still being served by the existing EPO administration; this is a problem because not only do they grant patents on just about anything but they also attempt to broaden litigation jurisdiction

THE EPO appears to be changing its management (not just António Campinos), but will it change its policies too? So far, judging by the first week of Campinos, it doesn't seem so because they actively deny the decline in patent quality and still viciously pursue 'unitary' effect, effectively spreading low-quality patents and rulings about them to the whole of Europe in defiance of local patent laws, constitutions etc.

"Several times yesterday Boult Wade Tennant was acting like a mouthpiece for Battistelli and his team, parroting whatever it takes to distract from EPO crises (such as patent quality plunging)."Will the EPO mention the apparent collapse of Team Battistelli or leave that ‘buried’ in the “Jobs” section while posting fluff like this? Battistelli's corruption isn't forgotten/forgettable, nor is the role of his enablers.

Several times yesterday Boult Wade Tennant was acting like a mouthpiece for Battistelli and his team, parroting whatever it takes to distract from EPO crises (such as patent quality plunging). Matthew Ridley posted this thing in Lexology, noting: "My guess is that many users of the patent system would much prefer to see the quality of granted European patents increase rather than see further increases in the speed of grant or rejection."

Also in Lexology his colleague Phil Merchant (Boult Wade Tennant) cited Battistelli's "Quality Report 2017," missing the point that the EPO now fakes 'quality' by conflating it with speed, or "timeliness". To quote Merchant:

As those familiar with the experience will attest, applying for a patent is often not a quick process. It takes time for a patent office to process an application, perform a search on relevant prior art and conduct an examination on whether an invention should be granted a patent. This delay can be frustrating for applicants, who would prefer to be able to commercialise their Intellectual Property as soon as possible.

In recognition of applicants’ desires, the European Patent Office (EPO) launched the ‘Early Certainty’ initiative in 2014 to attempt to speed up the patent granting process – initially to speed up delivery of search results, but revised in 2016 to speed up substantive examination and opposition. The EPO’s Quality Report 2017 (found here), published this week, reports on the progress towards achieving these goals.

[...]

The Quality Report 2017 provides some reassurance that the EPO is taking such concerns seriously, including positive steps toward quality assurance. We in the profession are therefore hopeful that the progress in timeliness at the EPO can continue to be made without sacrificing the high quality for which it is well respected across the world.



António Campinos just kept repeating the word "quality" and, as expected, a roundup of this spiel of his was written up at the end (warning: epo.org link, via Twitter).

"The EPO pretends that the 'epoch' was 8 years ago. It's always 8 years. Always Battistelli. They still pretend it was some kind of "golden era" rather than the collapse of the EPO."The EPO has also just mentioned the Boards of Appeal (page contents repeated in Twitter yesterday), making it all about Battistelli. To reproduce their own words (warning: epo.org link): "In the past eight years the event has attracted more than 1.400 participants to attend and engage with Boards of Appeal members and each other on key topics relating to Boards of Appeal decisions."

The EPO pretends that the 'epoch' was 8 years ago. It's always 8 years. Always Battistelli. They still pretend it was some kind of "golden era" rather than the collapse of the EPO. What happened to patent quality? What happened to staff quality? What happened to the EPO's reputation? How about the death of the UPC? The vision of 'unitary' patents is dead and only Bristows is still delusional enough (or sufficiently self-deluding) to speak about the CMS that will never be used. Yesterday it wrote this:

Over the last nine months, various members of the judiciary, their clerks, lawyers (including our own Luke Maunder), and others have been engaged in user acceptance testing (UAT) of the ‘sunrise’ version of the Unified Patent Court (UPC) Case Management System (CMS) test site.


It's never going to be used. They might as well call off development, having wasted a lot of money and time on this unconstitutional pile of rubbish. UPC was never desirable; it's a patent trolls' fantasy, which is being promoted by sites that support patent trolls. Mind Watchtroll's EPO interview from yesterday and mention of a new lawsuit in Eastern Texas, which typically attracts patent trolls. "U.S. Patent No. 10,000,000 just issued June 19, 2018," it said, "and already a patent in the 10 million series is being enforced. On July 3, 2018, the day the patent issued, Whirlpool Corporation filed a patent infringement lawsuit in the United States Federal District Court for the Eastern District of Texas."

"It ought to be noted that the EPO too has been promoting software patents; is this what Battistelli had in mind for 'unitary' patents? Abstract ideas as monopolies EU-wide?"The vision/purpose of 'unitary', low-quality European Patents was supposed to attract much of such litigation to Germany, causing a headache to a lot of companies for the sake of the litigation 'industry'.

The patent trolls' lobby, IAM, meanwhile reports another new lawsuit in Eastern Texas. Richard Lloyd wrote about the former owner of SUSE (UK-based with German pedigree) getting sued in the patent trolls-friendly courts. To quote:

Hewlett Packard Enterprise (HPE) and British software company Micro Focus have been accused of infringing three patents relating to the development of mobile applications in a pair of lawsuits filed last week in the Eastern District of Texas. The plaintiff, which is demanding damages of at least $400 million, is listed on the court filing as Wapp Tech Limited Partnership and Wapp Tech Corp, although the three patents in question were developed and are owned by inventor Donavan Paul Poulin.


These are software patents. This is why they target the courts in Texas. It ought to be noted that the EPO too has been promoting software patents; is this what Battistelli had in mind for 'unitary' patents? Abstract ideas as monopolies EU-wide?

"The EPO (in collaboration with IAM) has already admitted this is about software patents..."Yesterday we noticed that the University of Detroit Mercy promotes buzzwords which Battistelli and the EPO used to promote/popularise even in the US, notably "Fourth Industrial Revolution" or "4IR" ("Industry 4.0"), adding to other (older) buzzwords, e.g. "ICT", "CII", "AI" and so on.

Wissam Aoun (University of Detroit Mercy's School of Law) wrote this abstract:

During the first Industrial Revolution, the patent system developed in an era of democratized invention. Individual inventors dominated patent filings and helped create a narrative surrounding the transformative impact of the patent system on the lives of inventors and society. Existing scholarship often overlooks the role of patent agents, those individuals who assisted inventors in securing patent rights, during this era. Industrial Revolution era patent agency was broad and indiscrete compared to its current form, which was largely a product of the needs of individual inventors and a pre-professionalization view of the discipline. As corporatization slowly replaced the individual inventor and professionalization began to dominate many occupational fields, the professional patent agent materialized. However, the emergence of disruptive technologies in our new Fourth Industrial Revolution may be reversing both of these trends, with the re-emergence of democratized invention and challenging the discretization of many fields of professional service.


The EPO (in collaboration with IAM) has already admitted this is about software patents and here is how they excuse this internally in the Gazette.

Software patents in Europe



Recent Techrights' Posts

How Techrights Search Works
Hopefully bots won't use it
Techrights Became a Lot More Productive as a Result of Attacks on It
By default, it's safe to assume anything on the Web is garbage, especially in social control media
Unverified Rumours: IBM Cuts Will Continue Another ~10 Days, Managers Will Invite Those Impacted for 1-on-1 Meetings
Right now IBM likes diversity because with adoption of low-paid demographies it gets to pay workers less for the same work
analytics.usa.gov: Vista 11 Scarcely Used, GNU/Linux Increasingly Dominant (Microsoft Loses "Goodwill", Depletes Cash Equivalents, and Debt Soars)
"Total current assets" fell by more than 2 billion dollars in the past 3 months
Not Only Mass Layoffs at IBM But Complete Shutdowns "Amid A.I. Boom"
apparently about 10,000 layoffs, not counting those who got pushed out by PIPs and other means
Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
 
Early Unverified Figures About Scale of Latest IBM Layoffs
the real scale of the RAs will remain elusive
Coming Soon: Part 4 About the EPO's Substance Abuse (Breaking Laws to Fake 'Production' and Profiting From Unlawful Monopolies)
Notice how quiet the EPO's management has been lately
For the Record: We Never Named Staff of the Law Firm That's Attacking Us, Except the One the Firm is Named After!
Just to affirm and be sure, I've used our new search facility
Links 05/11/2025: Medicare Privatisation and "Breaker Box Economy"
Links for the day
Techrights Search Will Come Early
Maybe tomorrow
It Seems Like GNOME/IBM Don't Like Women and When Budget is Limited Only Women Take the Fall
Seems like a very patriarchal, GAFAM-controlled Foundation
"Last Day" as in "IBM Sacked Me" (Cruel Euphemisms)
"The entire design and research technical leadership at IBM was laid off in the past year, including this round"
Shadow Crew and Ads Disguised as Articles
That The Register MS runs articles that are paid-for fluff isn't unprecedented
Vista 11 "Market Share" Has Fallen This Month, Based on statCounter
The US government's own data shows the same thing this month
This is How Mainstream Media, Boosted or Parroted by Slopfarms, Spins IBM's Commercial Failure and Mass Layoffs as "AI"
Some say "software focus", but most just resort to buzzwords and blame-shifting hype
Resisting Misogynists
Rianne has already added close to 100,000 pages to this site
Starting November on a Strong Note
All in all, this month started well for us as we have good, accurate publications with considerable impact
Fake Retirements Help IBM Keep the Layoff Figures Down
Yesterday we read that it was quite cruel how IBM (or Red Hat) compelled staff to pretend to be happily leaving or "retiring" when the reality was, they had been pushed out with some "package"
Cocaine at the European Patent Office Now a Subject in YouTube, Media Will Revisit the Topic
"The Cocaine Patent Office" is no joking matter
Gemini Links 05/11/2025: "Wuthering Heights" and "Winter is Coming"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 04, 2025
IRC logs for Tuesday, November 04, 2025
2 Days Until Site Anniversary Party, Search Likely to Launch Same Day
We're now just two days away from the nineteenth anniversary of the site
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025