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

[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
 
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day
Southern Asia is All Android (Majority) Now
It's looking better (almost) every month
Windows Already Down to 1% "Market Share" in Some Countries
it is a dying breed
Tesla Has Become a Ponzi Scheme or a 'Meme Stock'
They tell us Tesla is "worth" almost twice as much as a company that sold about 30 times more cars
For People at Red Hat "Job is at Risk"
Red Hat is consulting some notorious firms to implement cuts
Linux.com Became Mostly Dead, de Facto Marketing Site of "Linux" Foundation Products (Unrelated to Linux)
what has happened to the authoritative domain Linux.com
Microsoft GitHub: A Hair Salon Where You Get Awards for Nothing (NFT Vanity)
People aren't defined by some private (proprietary) database and Microsoft does not universally "score" developers
In Europe, Android is Bigger Than Windows (Android Now Measured at 45.1% Worldwide)
Right now in statCounter...
Links 06/05/2024: Al Jazeera Raided, Wildfire Season Coming
Links for the day
On Character Assassination Tactics
The people who leverage these dirty politics typically champion projection tactics
Links 06/05/2024: Scams and Politics
Links for the day
Gemini Links 06/05/2024: Reading and Computers
Links for the day
United States Entering the $100 Trillion Debt Trap, We Compare GAFAM Debt
Google's debt is about 6 times less than Amazon's
GitLab's Losses Grew From $172,311,000 to $424,174,000 Per Annum
Letting this company have control over your (or your company's) development/code forge may cost you a lot in the future
statCounter's Latest: Android Bouncing to New All-Time Highs, Windows Down to Unprecedented Lows
Android rising
Can't Bear the Thought We're Happy and Productive
If someone is now harassing online friends, attacking the wife, attacking my family (not just attacking and defaming people I know online) there are legal ramifications
IRC Proceedings: Sunday, May 05, 2024
IRC logs for Sunday, May 05, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Erinn Clark & Debian: Justice or another Open Source vendetta?
Reprinted with permission from disguised.work