Bonum Certa Men Certa

António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

"EPO CQI pilot scheme improved patent quality, claims president"



Modernising the EPO



Summary: Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally (as above)

SEVERAL years ago Battistelli spent millions of euros, budget of the European Patent Office (EPO), bribing the media. This was an ethical breach on many levels. He did the same to academia, both in Europe and in the US (well outside the scope of the EPO's members). We're still seeing the effect of it; a lot of the media keeps silent about EPO scandals and crimes. Some of it actively yanks out fluff and PR. We'd rather not link to it this year; it would serve no positive purpose and we've already mentioned the earliest pieces about the so-called 'results' for 2018 [1, 2]. These had been published before the EPO even formally announced these, indicating there was prior coordination between the EPO's PR people and media giants, such as Bloomberg. One might even call that "collusion" (media lending itself for PR purposes, as happened in the Battistelli days, e.g. Financial Times). The EPO is virtually above the law, so bribes to journalists aren't even up there in the list of top offenses. We already wrote dozens of articles about this one aspect alone.



A reader has sent us the latest nonsense from the EPO. It's a message passed around internally (late on Friday, i.e. the usual timing, probably for strategic purposes). We wonder if this mention of SUEPO (posted yesterday) can be regarded as endorsement of the rebuttal, the original, or both. In the same update SUEPO included "BARDEHLE PAGENBERG's Contribution to the Public Consultation: EPO Strategic Plan 2023" -- a 'contribution' to itself. It's pushing software patents agenda or as the FFII's President put it about a day ago (quoting and responding): "Computer implemented inventions, recently in particular artificial intelligence" #swpats "Comvik should serve as guidance for differentiating patentable inventions from abstract ideas, which should be free from monopolies" software is abstract dude..."

Totally awful patent applications are being sent to the Office, containing many of the usual buzzwords (which the Office invites and recommends in events and written guidelines). The Office, which is granting patents on anything that contains such buzzwords, oughtn't be surprised by an increase in applications. After all, who wouldn't want a monopoly, even a bogus one that presumably holds EU-wide (unless or until tackled in court)?

There's this new article from IPPro Magazine's Barney Dixon (unlike his colleague, he doesn't just do puff pieces). President António Campinos is evidently resorting to pseudoscience and lies (he's no scientist, he's a former banker). Here is the introduction and rebuttal, which SUEPO links to:

The European Patent Office (EPO)’s Collaborative Quality Improvements (CQI) pilot scheme has already resulted in quality improvements of 37 percent of cases, the office’s president has claimed.

[...]

An examiner close to the situation told IPPro that there were some issues with the results of this meeting.

First off, the examiner said that the large improvement percentages were “unverifiable”, as staff representation was not involved.

The examiner added: “Only management has an overview so it seems we have to take their word for it.”

Secondly, the examiner questioned the statistical validity of the figures put forward. They said: “How was the alleged increase in quality measured? Which methodology was used? What exactly was compared with what, to then be able to claim quality improvement?”

“Improvement in 37 percent of cases, as alleged, means nothing if one does not know what is considered as improvement … Quality measurement is a serious business.”

The EPO was contacted regarding the matter but declined to comment.


Writing with tongue-in-cheek expressions and in a totally sarcastic fashion, one reader spoke of "improved patent quality, claims president," adding that: "It's best to take what Campinos says with a pinch of salt..."

As we pointed out earlier this month, Campinos has begun lying in his writings just like Battistelli did. And he hasn't even been in the Office for 9 months!

Here are the lies in full:

15.03.2019 Outcome and main issues

Dear Colleagues,

This week I held a meeting with participants of the Management Advisory Committee. To keep you informed on our ongoing discussions, you will find a brief summary below on two particularly important themes. Firstly our preparations to make sure the Strategic Plan 2023 (SP2023) is based on extensive input continue well. The MAC received updates on the progress of the preparation of both the Financial Study and the Staff Survey report and I would like to underline that all staff will have access to the findings of both sources of information. I will also be communicating on the outcome of the One-to-One meetings separately.

Secondly, while we are currently developing the SP2023 to make improvements over the next four years, we are already starting to implement schemes intended to improve both the work place and the patent granting process. In this MAC, we therefore received an update on the development of a new Ad Hoc Teleworking Scheme and the initial results of the Collaborative Quality Improvements pilot.

Inputs for the Strategic Plan



Financial Study - An overview of the progress of this on-going study gave us good hope that it will be ready on time, as scheduled. The purpose of the study is to give us an accurate assessment of the Office's current financial situation and how it is expected to evolve in the future. Four scenarios will be presented from "Conservative" to "Optimistic" based upon the evolution of a set of various external factors, which determine the economic environment in which our organisation operates and which we cannot influence. The consultant will also provide a number of takeaways - or conclusions - and identify a series of levers, which are measures under the influence of our Office and which can be managed to help steer our financial future. The outcome of the Financial Study will be made available to all staff. An internal communication plan is being prepared so that all our departments will have access to comprehensive information and can ask their questions to obtain clarification where required on this sometimes complex issue.

We are convinced that greater financial sustainability for our organisation can be achieved through careful management of the various elements which can have a financial effect on our organisation. While we have already increased our operational and financial performance over recent years, the issue of financial sustainability is ongoing. We are now aiming to manage these questions based on a solid plan to address our liabilities for the years to come and so these questions do not have to be revisited in the near future.

Staff Engagement Survey - Following the closure of the survey on the 1 March with an 85% participation rate, we will soon have another invaluable source of information containing the views of the staff. The results will be delivered directly by the survey provider, Willis Towers Watson, at the beginning of April.

As well as being published on the Intranet, the consultant will be providing both Office-wide and DG specific results through a series of presentations at different sites. Further information on the presentations and the specific timing will be provided shortly but it is planned that all staff will be able to access the presentation either in person or by VICO (or similar means).

New Schemes



Ad hoc Teleworking Scheme - The MAC received an update on an Ad hoc Teleworking (AHTW) pilot scheme under development. By complementing the current Part-Time Home Working Scheme, it will provide more opportunities for staff members to work remotely on an occasional basis. It aims to contribute towards a more flexible working environment that can help balance the various professional and private demands faced by our staff members.

The main elements of the scheme were discussed, as well as the criteria for evaluating the success of the pilot. While the exact details are still to be finalised it's anticipated that approximately 200 employees will initially take part, starting in April and following consultation with the GCC. We have every confidence that the scheme will prove a win-win for the Office and our employees.

Collaborative Quality Improvements (CQI) - Some staff may recall that we intend to encourage greater collaboration (broken link) among staff and departments to see whether it can yield benefits, such as increased transparency and the spread of knowledge and best practice. In the last couple of months, based on already existing collaborations used in many teams, DG1 has implemented a pilot that aimed to enhance quality in the patent granting process through greater collaboration within divisions and in teams. In the MAC yesterday, VP1 presented the findings of the first few weeks of operation and already the results are extremely encouraging.

Overall, quality improvements were reported in 37% of cases. The exercise is proving particularly useful for increasing the quality of examination, in which consultations led to quality improvements in 46% of the cases. Efficiency gains were also registered in 20% of all cases and the consultations were judged to be useful or very useful by the participants in the vast majority of cases (72%).

Although these are initial results, they are providing an extremely useful insight into the way in which greater collaboration can help contribute to greater quality, and confirming the findings of teams already using an enhanced collaborative approach. But other metrics being recorded also show a range of additional benefits, such as improved confidence among participants in their judgements, a sense of shared ownership and job satisfaction.

All members of the MAC would like to convey their thanks to everyone involved in the CQI initiative and look forward to hearing more about the pilot in the weeks to come.

Other Business



In other business, a statistical overview on different key figures from the patent granting process and some social indicators were presented, showing some positive trends that included an increase in applications and a reduction in the backlog. Finally, the timing of the rewards process was also discussed. More information on the rewards process will be communicated to all staff on 15 April.

I look forward to updating you in due course on the outcome of the next MAC. In the meantime, and following the Strategic Quality Board held in February, I will also be reporting on next week's meeting on engaging our users in quality.

António Campinos President



We're probably the first and perhaps only site to publish this text (other than the intranet). Making it public may make rebuttal by anyone easier. Are puff pieces based on it going to come in the form of a public 'study'?

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