Bonum Certa Men Certa

The USPTO and EPO Pretend to Care About Patent Quality by Mingling With the Terms “Patent” and “Quality”

A working coup: The EPO's Working Party on Quality is Battistelli's Own Ministry of Truth

Short: EPO's “Working Party for Quality” is to Quality What the “Democratic People's Republic of Korea” is to Democracy

Ministries of Nineteen Eighty-Four
Reference: Ministries of Nineteen Eighty-Four



Summary: The whole "patent quality" propaganda from EPO and USPTO management continues unabated; they strive to maintain the fiction that quality rather than money is their prime motivator

AS we noted in our previous post, the European Patent Office (EPO) keeps promoting software patents in Europe (even in those words, not "CII"); the U.S. Patent and Trademark Office (USPTO) is meanwhile moving in the exact opposite direction (in practice at least). It has gotten a lot harder to receive US software patents and then successfully enforce these.



"It has gotten a lot harder to receive US software patents and then successfully enforce these."Janal Kalis wrote: "The USPTO Reported 28 New PTAB Decisions Regarding 101 Eligibility. All of the Decisions Affirmed the Examiners' Rejections."

Kalis alludes to the Patent Trial and Appeal Board (PTAB) and to 35 U.S.C. €§ 101, which helps eliminate most if not all software patents in the US. Programmers in the US are happy and programmers in Europe should be paying closer attention to what the EPO is up to; "Ideas are cheap," as one European opponent of software patents put it yesterday, "execution difficult" (patents don't cover execution/implementation but mere concepts, unlike copyrights).

"Kalis alludes to the Patent Trial and Appeal Board (PTAB) and to 35 U.S.C. €§ 101, which helps eliminate most if not all software patents in the US."Kevin Noonan (Patent Docs) has just taken note of the Arista Networks, Inc. v Cisco Systems, Inc. inter partes review (IPR), which was escalated upon appeal to the Federal Circuit while the ITC totally ignored -- quite infamously in fact -- PTAB's ruling. The case has since then been settled at huge expense to Arista Networks and here's what the highest court bar SCOTUS (this might reach SCOTUS next) had to say last week:

On Friday, the Federal Circuit handed down its decision in Arista Networks, Inc. v. Cisco Systems, Inc., deciding that the Board had erred in certain of its determinations regarding Arista's inter partes review challenge to certain claims of Cisco's U.S. Patent No. 7,340,597 (for reasons discussed briefly below). More importantly, the Court affirmed the Patent Trial and Appeal Board's decision that the doctrine of assignor estoppel does not preclude institution of any of the various post-grant challenges to granted patents contained in the patent law revisions enacted under the Leahy-Smith America Invents Act (35 U.S.C. €§€§ 311-319, €§€§ 321-329, and 125 Stat. 329-31 (2011)).

[...]

While this interpretation of the statute is consistent with (and supported by ample citation to) Supreme Court precedent and proclivities, the Court's penchant for weighing in on statutory interpretation questions involving the AIA make it certainly possible that this decision might also come under Supreme Court review. It is less likely that the Court would disagree with the Federal Circuit's decision here but may be tempted to put its imprimatur on this aspect of the proper statutory interpretation of the AIA.


This isn't quite over yet; what's at stake here are IPRs. Some time tomorrow, according to Patent Docs, there will be a so-called AIA Trials Seminar (stacked by the patent maximalists, as usual). To quote: "The Intellectual Property Law Association of Chicago (IPLAC) AIA Trials Committee and John Marshall Law School will be offering an "AIA Trials Seminar" on November 14, 2018 from 1:00 pm to 5:00 pm (CT) at the John Marshall Law School in Chicago, IL."

Another event for lawyers, by lawyers?

Patent Docs keeps advertising all these conferences/webinars/seminars of the patent microcosm, including this one which takes place later today. To quote: "The U.S. Patent and Trademark Office will be offering the next webinar in its Patent Quality Chat webinar series from 12:00 to 1:00 pm (ET) on November 13, 2018" (that's a few hours from now).

"Thankfully, EPO insiders openly talk about the quality issues, which António Campinos persistently denies along with his 'boss' (Ernst) who will soon become his 'assistant'."They call it "USPTO Patent Quality Chat Webinar Series" because the USPTO -- like the corrupt EPO -- only needs to pretend to care about patent quality by spamming/googlebombing these words ("Patent Quality"). It's not difficult to see that all they really care about is money, i.e. patent maximalism. Quality is an obstacle to them.

Thankfully, EPO insiders openly talk about the quality issues, which António Campinos persistently denies along with his 'boss' (Ernst) who will soon become his 'assistant'. If Campinos so stubbornly denies that there's no issue, then why does he, according to this morning's article, meet those who express such concerns? It's an anonymous article, whose latter part (towards the end of the article) deals with attacks on judges and staff representatives, i.e. those who are concerned (internally) about patent quality among other things. Sooner or later, perhaps inevitably, both insiders and outsiders, or workers and stakeholders, will learn that Campinos is just a pretender, a banker. He promises the moon, but he gives Hell. He sends misleading messages to staff whom he gags (as usual) and here's the latest 'smooth' move from Campinos the pretender:

The European Patent Office and representatives of 14 German law firms who had expressed concerns about EPO patent quality earlier this year in a letter, have started a “constructive dialogue”.

The representatives had a meeting with the new President of the European Patent Office, António Campinos, and other EPO officials, on 16 October 2018 in Munich. According to a press release issued last week by the law firms, “the officials of the European Patent Office listened to the experiences, opinions and fears of patent attorneys and lawyers and expressed their willingness to talk. There is agreement that the EPO has delivered very high quality internationally in the past and that it is up to all stakeholders to preserve it. At the end of the meeting, the European Patent Office promised to continue the constructive dialogue that has now begun. It will be about the definition of quality criteria, as well as the possibilities to investigate criticism and to remove causes of criticism.”

[...]

I [sic] an email last month to EPO staff, Campions wrote he told the ILO that the EPO’s internal procedures for conflict resolution have since been improved: “I have recently signed and implemented a Memorandum of Understanding with the Chair of the Appeals Committee. That is partly a result of your direct input in recent one-to-one meetings with staff. Many of you spoke positively in our meetings about the increased independence and impartiality of the Appeals Committee, and, as a result, greater faith in the system. This MoU has therefore now formally safeguarded that independence and impartiality. Importantly, it also recognises the need to allocate adequate resources to ensure proper functioning of the Appeals Committee and its Secretariat. The second point that I discussed with ILO leaders is the recent increased effort in social dialogue and I hope many of you will agree this is developing positively (…).” In his mail, Campinos encourages EPO staff members with pending cases before the ILOAT “to consider reaching an amicable settlement with the Office”.

In the meantime, there has been some action in the case of Patrick Corcoran, according to various sources. The Irish judge was thrown out of the EPO building in Munich late 2014 on suspicion of having distributed defamatory material about the EPO upper management. After various illegal and fruitless attempts of former president Battistelli to have him fired, he was acquitted last year by the ILOAT and the Landgericht München, but was subsequently told that his future at the EPO would no longer be in Munich as an appeal board member, but in The Hague as an examiner (see also this blogpost). Apparently, the prospect of a forced transfer was the last straw after years of hardship: Corcoran fell gravely ill. The sources told Kluwer IP Law that his transfer has now been reversed or put on hold.

It remains to be seen if an “amicable settlement” is possible for some former SUEPO leaders. The case of Laurent Prunier, for instance, has been brought to Campinos’ attention several times, but is still pending before the ILOAT. Another former SUEPO leader, Elizabeth Hardon, has been waiting for months now for an EPO reaction in her unfinished ILOAT case.


The above speaks of "quality criteria" for patents; it does not, however, specify what will be done about many thousands (perhaps hundreds of thousands) of low-quality patents that should never have become European Patents.

"Now that the EPO is run by a former banker, don't expect anything to change."The above also notes a “constructive dialogue” as if dialogue is what's needed to solve a long-term problem. In the meantime staff continues to grant low-quality patents just to survive at this employer.

Neither office (neither US nor Europe) cares about quality; as a year-old paper explains, it's all about money. Now that the EPO is run by a former banker, don't expect anything to change. He is just trying to maintain the illusion/impression that he cares about quality, just as he met staff representatives merely to spread lies about truce and reconciliation.

Recent Techrights' Posts

99.99% Uptime in First Half of 2025
Since January there was only one noticeable outage
When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Under the Guise of "MIT Technology Review Insights" the Site MIT Technology Review Posts Corporate Spam as 'Articles'
Some of the articles aren't even articles but 'hit pieces' against Free software and some are paid advertisements
Brett Wilson LLP Has Track Record in Scam Coin Cases (e.g. Craig Wright and More), Now It Works for 'Crypto' Scam Purveyors
But wait, it gets worse
 
Gemini Links 17/07/2025: "Goodreads for Gemini" and Defence of "The Small Web"
Links for the day
Links 17/07/2025: Anger and Morale Issues at Microsoft, Wars and Conflicts Get Digital
Links for the day
CALEA / CALEA2 is the Real Problem, Not Chinese Operatives Exploiting CALEA / CALEA2 (as Any Other Nation Can)
CALEA / CALEA2 is more of a front door than a back door
Nils Torvalds and Anna "Mikke" Torvalds (née Törnqvis) Hopefully Use GNU/Linux by Now
"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025
Exclusive: corruption in Tribunals, Greffiers, from protection rackets to cat whisperers
Reprinted with permission from Daniel Pocock
Will Brett Wilson LLP Handle Its Own Winding Up Petition or be Struck Off for Overt Abuse of Process?
Today we sue not only the first Microsofter
Links 16/07/2025: Chip Bans and Microsoft’s “Digital Escort” Program
Links for the day
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Revolving Doors: One Day You're a Judge, the Next Day You're an Attorney Paying Public Officials and Working for Violent and Dangerous Microsoft Employees
how the US justice system works
Sharing Code and Recipes
It helps explain the triviality of software freedom
Slopwatch: Noise, Plagiarism and Even Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
What are we meant to do to prevent a false association or misleading connotations? Game the LLMs? No. Boycott slopfarms.
How Many Women Has Microsoft's Alex Balabhadra Graveley Already Strangled and Where Does That End?
If you too are a victim of this man and wish to share information, contact us
Gemini Links 16/07/2025: BaseLibre Numerical System and Simple Web Browsing with TLS
Links for the day
Links 16/07/2025: Fascist Slop Takes "Intelligence" Clothing, New Criminal Case Against MElon
Links for the day
"We Might Save Somebody's Life"
I follow the example of my father
Why I am Suing the Serial Strangler From Microsoft, Alex Balabhadra Graveley, in the UK High Court This Week
Out of respect to the process and to the Court, I shall not share any pertinent details about the case
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025
Links 15/07/2025: LLM Pollution and Pushback in Ukraine
Links for the day
Gemini Links 15/07/2025: xkcd, New Cert, and Alhena Gemlog
Links for the day
Links 15/07/2025: Press Freedom at Risk and New Facebook Blunders
Links for the day
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day