Bonum Certa Men Certa

European Patent Office (EPO) Management Not Supported by the EPO's Applicants, So Why Is It Still There?



More translations (with more languages) available in the site of the EPO's union, SUEPO

EPO pathway
The European Patent Office in Munich. Experts criticise the practice of granting inventor protection.
Photo: dpa/Sven Hoppe



Summary: This third translation in the batch is an article similar to the prior one, but the text is a bit different ("Patente ohne Wert")

A BIT less than a week before the EPO wanted (or merely hoped) to open an illegal and unconstitutional kangaroo court, in violation of international conventions, some condemnation came from the German press. This project will destabilise the EU by discrediting the EU, so Germany's government needs to sober up and listen to the warning signs. EPO corruption is highly contagious and it has been left to flourish for over a decade already. Here's the latest of the batch from SUEPO:

Criticism of the European Patent Office Patents without value



Munich - To increase its revenues, the European Patent Office grants questionable patents, say critics. Transparency International sees structures that favour corruption.

By Thomas Magenheim-Hörmann

The example described by the Munich patent attorney makes it clear what is at stake. A pharmaceutical company developed a pill against infertility, had it protected at the European Patent Office (EPO) and invested in its marketing. Then a rival entered the market with an alleged plagiarism. The patent holder went to court and lost. The alleged imitator was able to show a US patent that Epa examiners had overlooked. This rendered their property right worthless. "In extreme cases, this can cause millions in damages," explains the patent attorney, who wishes to remain anonymous. He works for one of the largest patent law firms in Europe. Patenting for several countries alone consumes a six-figure sum, and many times that amount is invested in production in reliance on the patent.

There is a system of lame searches, the expert complains. Examiners are encouraged to grant more and more patents because they maximise the office's income. Quality research falls by the wayside. Michael Heisel puts the grievances even higher. "We see structural problems at the EPO that facilitate corruption," says the Bavarian head of the anti-corruption organisation Transparency International.

39 countries represented in the Council

An element of this is the Epa Board of Directors, in which 39 European countries are represented and which is supposed to control the management of the office. But this is called into question by a conflict of interests, warns Heisel. On the one hand, the office takes over the patent examination for many countries. On the other hand

the states shares of the Office's income for granted patents. "The Administrative Council is not independent of the party being controlled, and that can't be good," Heisel criticises. Epa service instructions support this view. "Productivity has to improve, very soon, ... because productivity is the only thing that guarantees that our payroll will be paid on the 26th. of each month," writes an Epa director. The clarity of a patent is not a priority, the inventive step is not to be examined in depth, it continues. It is to be examined quickly, decided positively and recognised a lot, it means.

This practice is also a thorn in the side of Siemens patent chief Beat Weibel. His company is the largest German patent applicant and the initiator of an industry initiative with the abbreviation IPQC. 20 major international companies such as Siemens, Bayer and Nokia, but also smaller firms, have joined forces because they fear for effective patent protection. "We have nothing if patent examiners can't find the state of the art and can only do incomplete research due to internal time pressure," complains Weibel. Siemens has also had similar experiences with Epa patents. Representatives of IPQC and Office 2023 have met twice to discuss and resolve problems. But that already fails in terms of awareness. "The Office's management has denied that there are any quality deficiencies," says the Siemens expert regretfully. The Critics, meanwhile, remain silent. "We ask for your understanding that Epa does not wish to comment on this," a spokesperson explains succinctly when asked. Data speak a clear language.

For example, Siemens has documented an increase in the time spent on patent applications by one third in the last decade. At the same time, according to internal EPO statistics, the time available to examiners per patent search has almost halved. As a result, those who challenge patents are becoming more successful. From 2015 to 2021, the revocation rate climbed from 41 to 46 per cent, according to Siemens.

For 2022, a study by the Chair of Intellectual Property at the University of Osnabrück has determined a revocation rate of the Epa Board of Appeal of almost 50 percent. A further almost 40 percent of contested patents were marginally to substantially restricted. It is striking that not even one in ten revocations was based on documents that could not be found in the Epa patent database, the study authors write. In nine out of ten contested cases, the We need reliable patents, and examiners need enough time and experience for this," emphasises a patent expert from the Roche pharmaceutical company in Switzerland. He too is a member of th IPQC. Epa staff representatives support the accusations from industry and research. To the outside world, the management claims that everything is fine and plays down or completely ignores quality deficiencies, they explain. Only four out of five examiners who leave the office are replaced, despite an increase in work. "The Office must provide more examiners and more examination time," the Munich patent attorney also demands. A few years ago, several large patent law firms wrote an incendiary letter to the Office criticising the declining patent quality. This has been negated by the office. "Nothing happened," regrets the expert. Like Tranparency International, he sees the Epa Board of Directors as problematic. "There are States, for them this is a significant source of income," Weibel also criticises.

Patent trolls have also recognised this and use it for themselves. These are applicants who apply for protective rights for superficial patents, which are also granted if the examination is inadequate, explains Heisel. These patents then block competitors. "China in particular applies for a large number of patents, and if they are not carefully examined, this can deprive German companies of innovation opportunities," warns Heisel.

Patents: More and more applications from China

The European Patent Office, with its headquarters in Munich, is a supranational organisation and not an EU organisation. The management of the Office, under President Antonio Campinos, is controlled by the EPO Administrative Council. It is made up of representatives of the 39 European states that have acceded to the European Patent Convention. Germany is represented by a State Secretary for Justice. In particular, patent applications from China have been on the rise at the European Patent Office for years . In 2022, the increase on this basis was a good 15 percent to more than 19,000 requests for protection by Chinese inventors. mho


All of a sudden all those EPO photo ops with China don't quite look the same. And much can be said about the EPO doing so much business with Belarus (outsourcing parts of the EPO to Vladimir Putin's 'oblasts').

Recent Techrights' Posts

The GNU/Linux Revolution Ain't Here. Look at Brazil, Russia, India, China, and South Africa (BRICS) Instead.
The revolution won't be televised
Chaffbot Effect: Microsoft Bing Falls to Lowest Share in Two Years (Amid Loads of Bing Layoffs This Year)
Press outlets mostly failed to report that Bing is collapsing
GNU/Linux Distributions as "Appliances" and DRM Platforms (the Case of ChromeOS and SteamOS)
Is this what we envisioned in the 1980s and 90s?
Fulfilling the Site's Full Potential
We remain devoted to the aforementioned goal of posting more original material
Over at Tux Machines...
2 days' worth
Microsoft's Demise in the Global News Cycle is Rather Telling
It should be noted that Microsoft is, in general, no longer prominent or dominant in news headlines
 
Richard Stallman Can Outlive Many of His Prominent Haters
M.J.G. tried hard to take our Web site offline, based on lies and repeated threats
Forget VSCode (Microsoft's Proprietary Spyware), Use KATE Instead
KATE is great
Sometimes It's Time to Reboot
No, not Android. KDE.
Upcoming Talk by Dr. Richard Stallman: Large Language Models Are Not Artificial Intelligence
LLMs aren't truly intelligent and cannot quite grasp what they spew out
GulagTube is a Burning Platform (Exit YouTube, Invidious Won't Save Us From Google/Alphabet in the Long Run)
Alphabet Agency (Google) sees the future of video as a "skinnerbox" (running Android) that indoctrinates you like TikTok does
Gemini Migration and Backup Capsule (Archive)
At the end we'll end up with something a lot better than before and latency should be massively reduced
Links 01/10/2023: Science, Education, and pro-Russia Slovakia Leadership
Links for the day
IRC Proceedings: Sunday, October 01, 2023
IRC logs for Sunday, October 01, 2023
Links 01/10/2023: Climate, Patents, Programming, and More
Links for the day
Apple and Microsoft Problems
half a dozen links
Malware in the Ubuntu Snap Store, Thanks to Canonical Bloatware Mindset
Reprinted with permission from Ryan Farmer
Gemini Rising
There are 3523 capsules
Richard Stallman Gave a Talk Yesterday, Will Give Another Talk Today, and Will Give Two More Talks in Germany Later This Week
Those cover at least 2 different topics
Beware the Microsoft Sharks
We won't forgive and forget
IRC Proceedings: Saturday, September 30, 2023
IRC logs for Saturday, September 30, 2023
Don't be Afraid of the Command Line, It Might Even be a Friend
There's a tendency to think that only graphical interfaces were made to simplify usage, and any declarative interface is by design raw, inherently unfit for usage
One Positive Note About GNU/Linux Coverage in 2023 (Less Microsoft)
GNU/Linux users do not want this, with very rare exceptions
Snaps Were Never Good at Security, But the Media Coverage is Just Appalling
The media should focus on culling Windows, not making a huge fuss over minor things wrongly attributed to "Linux"
Better Footage of Richard Stallman's Talk Last Week: “Freedom in computing, forty years after starting to really protect it”
Richard Stallman speaks about the cancer situation early in his speech
Links 30/09/2023: A Government Shutdown and More Blizzard Layoffs
Links for the day
Links 30/09/2023: Bing Almost Offloaded Due to Failure/Losses, Nvidia Raided
Links for the day
A Lot of Technological 'Progress' Has Been Nothing But Buzzwords
Free software does not try to excite people people over nothing
Community is the Lifeblood of Freedom in the GNU/Linux World
Removing or undoing the "cancerd" (systemd) is feasible but increasingly difficult
Proprietary Software: Here Today, Gone Tomorrow
Proprietary software has an entirely different mindset, revolving around business models rather than science
Web Hostnames Down to Lowest Number in More Than 7 Years!
the number of hostnames is falling rapidly (they hide this by choosing logarithmic scale)
Over at Tux Machines...
2 days' worth
Richard Stallman Says He Will Probably Live Many More Years
"Richard Stallman has cancer. Fortunately it is slow-growing and manageable follicular lymphona, so he will probably live many more years nonetheless. But he now has to be even more careful not to catch Covid-19."
Quitting 'Clown Computing' and GAFAM is Only the Start
The Web and the Net at large became far too centralised
Stop Begging Companies That Don't Value Your Freedom to Stop Pushing You Around
That's not freedom
They Say Free Software is Like Communism When They, the Proprietary Software Giants, Constantly Pursue Government Bailouts (Subsidies From Taxpayers)
At the moment Ukraine is at most risk due to its dependence on Microsoft (inside its infrastructure)
Social Control Media Has No Future, It Was Always Doomed to Fail (Also Promoted Based on Lies)
Recent events, including developments at Twitter, meant that they lost a lot of their audience and then, in turn, sponsors/advertisers
The forbidden topics
There are forbidden topics in the hacker community
They're Been Trying to 'Kill' Richard Stallman for Years (by Mentally Tormenting Him)
Malicious tongue wanted to do him what had been done to Julian Assange
We Temporarily Have Two Gemini Capsules
They're both authentic and secure, but they're not the same
Consumerism is Lying and Revisionism
We need to reject these liars and charlatans
Links 30/09/2023: Open VFS Framework, CrossOver 23.5, Dianne Feinstein Dies
Links for the day
Security Leftovers
GNU/Linux, Microsoft, and more
Microsoft Down on the World Wide Web, Shows Survey
down by a lot in this category
IRC Proceedings: Friday, September 29, 2023
IRC logs for Friday, September 29, 2023
A Society That Fails Journalists Does Not Deserve Journalism
It's probably too later to save Julian Assange as a working publisher (he might never recover from the mental torture), but as a person and a father we can wish and work towards his release
Almost Nothing To Go With Your Morning's Cup Of Coffee
Newspaper? What newspaper?