Bonum Certa Men Certa

EPO Staff Points Out That as the European Patent Convention Turns 50 It is Grossly Being Violated by Corrupt EPO Management



Summary: The EPO's Central Staff Committee points out that the European Patent Convention (EPC) is still routinely being violated by Europe's second-largest institution and Europe's largest patent office, which is meant to be strictly governed by the EPC; The European Union (EU) and Commission (EC) do nothing to tackle this rapid departure from the rules of Europe, instead hypocritically deflecting to Poland

THE EPO's insiders have long complained that parts of the EPO were managed by people without suitable qualifications in the field they were entrusted to manage. This actually predates Benoît Battistelli and António Campinos; one glaring example was provided in the area of software patents last year. Battistelli used to boast to the media about three examiners being assigned to each application and last summer we rebutted such lies told in a talk by Campinos. The fact of the matter is, today's EPO is governed by incompetent idiots and sometimes utterly corrupt officials. Examiners have become cynical about their "managers". They now try to rely on kangaroo patent courts to authorise their abuses, even if such courts are both illegal and constitutional. Such 'courts' ought not exist and conventions were deliberately violated to ratify them with help from the EU (the EC had long been infiltrated and was complicit in this, as was the German government).



"The fact of the matter is, today's EPO is governed by incompetent idiots and sometimes utterly corrupt officials."As the 50th anniversary of the European Patent Convention (EPC) approaches we can expect EPO insiders to keep sounding off, reminding people of the many ways today's EPO violates the EPC, its very founding document.

Today we managed to get a copy of a message to EPO staff, authored by staff representatives, the Central Staff Committee.

Here is what they told staff:

50 years EPC: The right files to the right people?



Dear colleagues,

Following various initiatives, EPO management concluded that a decreasing number of examiners in certain technical fields could only manage the workload with the creation of a “Digital File Marketplace (DFM)”, i.e. a DG1-wide, open and transparent marketplace where workload or examiner capacity can be offered to other examiner teams.

In the years 2020 to 2022 search and examination files were transferred between teams of different technical fields attached with a DFM marker, indicating the quality-ensuring composition of Examining Divisions or possible future Examining Divisions. However, in the same period much more search and examination files were transferred between teams of different technical fields without a DFM marker.

It is thus questionable whether VP 1’s promise to the members of the Industry Patent Quality Charter (IPQC) to further enhance the patent quality could be achieved by redistributing patent applications among different technical teams. Especially as many thousand files had already been redistributed in the period leading to the IPQC’s concerns. It rather appears that an Examining Division composed of members not qualified for the technical field of an application would rather tend to quickly grant patents of lower quality.

The figures show that far too many files are treated by Divisions outside the appropriate technical field. Instead, the right file should go to the right people. But here it is necessary to walk the talk:
  • Better capacity planning is indispensable.


  • New colleagues with the necessary expertise are to be recruited.


  • More technical training must be offered to colleagues who want to change their technical field.


Here is a plain text/GemText/HTML version of the more detailed version, which includes some graphics (for HTML):

Munich, 15.06.2023 sc23065cp

50 years EPC, part I “An Examining Division shall consist of three technically qualified examiners. ...” Article 18(2) EPC (warning: epo.org link)

The right files to the right people?



Does redistributing the search and examination files
among different technical teams enhance patent quality?


Already in 2010 a closer involvement of national patent offices into the patent granting procedures of the EPO was envisaged. This discussion led to a controversial debate on the fundamental legal question of whether, by joining the EPO and ratifying the EPC, the Contracting States of the EPC ceded sovereign rights to the EPO and only to the EPO1. It was argued that because of the cession of rights each Contracting State may also expect that all essential procedural steps of patent examination be carried out by the EPO. In this context – and this brings us back to the initial question of patent quality and the redistribution of files – European industry associations also warned of a loss of patent quality since it was questioned how and whether small national patent offices could be involved in the examination of patents in deeply specialised areas of technology. It was – and still is – regarded as one of the EPO’s essential guaranties for high patent quality that, due to its high number of patent examiners unrivalled by any national patent office, particularly specialised examiners treat patent applications of a rather narrow technical field.

The Digital File Marketplace

Following the Office’s initiatives “early certainty”, “boosting the production2” and “soft landing” in combination with a conservative recruitment policy, the conclusion came up that the workload on a decreasing number of examiners in certain technical fields could only be managed by introducing a “Digital File Marketplace (DFM)” – i.e. “a DG1-wide, open and transparent marketplace where workload [e.g. patent application files] or examiner capacity can be offered to other examiner teams”. As the work within the Examination Division was regarded as a key to maintaining the EPO quality standards, the DFM initiative thus aimed at Examining Divisions composed of an entrusted examiner from the workload receiving team, a technically qualified chairperson and a second examiner from the workload offering team. At least the two members from the workload offering team are therefore specialised experts from the technical field to which the patent application was originally assigned.

_____ 1 See for example Dem Europäischen Patentamt droht Entmachtung, Süddeutsche Zeitung, 19.05.2010 2 Also known under “getting there faster”




In the years 2020 to 2022 more than 3.500 examination files (i.e. 1,0% of all finished examination files treated in the same period) and more than 4.300 search files (i.e. 0,6% of all finished search files treated in the same period) were transferred between teams of different technical fields under this DFM initiative attached3 with a DFM marker, indicating the quality-ensuring composition of Examining Divisions or possible future Examining Divisions.

However, in the very same period more than 21.600 examination files (i.e. 6,4% of all finished examination files treated in the same period) and more than 106.600 search files (i.e. 15,6% of all finished search files treated in the same period) were transferred between teams of different technical fields without DFM marker. Therefore, on top of the reduction in available examination and search time due to the Office’s conservative recruitment policy, more than 21.600 applications were apparently not examined by an Examining Division composed of members of a team qualified for the technical field of these files. Furthermore, 106.600 applications were apparently not searched by members of the technical teams to which the files had originally been allocated.

4300 vs 106600: Transferred search files / with DFM marker without DFM marker; 3500 vs 21600: Transferred examination files / with DFM marker without DFM marker



The right file to the right people?

It is thus questionable whether VP 1’s promise to the members of the Industry Patent Quality Charter (IPQC) to further enhance the patent quality could be achieved by harmonising the examining procedures by redistributing patent applications among different technical teams. Especially as many thousand files had already been redistributed in the period leading to the IPQC’s concerns. It rather appears that an Examining Division composed of members not qualified for the technical field of an application would rather tend to quickly grant patents of lower quality, as already feared by European industry associations back in 2010.

The Central Staff Committee fully supports the idea that the right file should go to the right people. But here it is necessary to walk the talk. The figures show that far too many files are treated by Examining Divisions outside the appropriate technical field. Better capacity planning is indispensable. New colleagues with the necessary expertise are to be recruited. More technical training must be offered to colleagues who want to change their technical field.

Your Central Staff Committee

_____ 3 Detailed statistics show the number of transferred files that were treated under the Digital File Marketplace (DFM) initiative, and the number of files that were simply transferred



By the looks of it, as per above, EPO staff intends to repeatedly protest the deviation from the Rule of Law as well as key conventions at the EPO. This institution is now run for and by patent litigators and monopolies (their clients), not for science or by scientists (don't be misled by the latest puff piece in the "news" section of the EPO's site; imagine actual criminals awarding you a "Lifetime Achievement laureate" to distract from their crimes by 'science-washing').

Recent Techrights' Posts

LLM Slop (Lots of It Spewed Out by Microsoft) Versus Linux
Microsoft is a very, very evil company. It doesn't mind destroying the Web if there's a chance it'll make a buck in the process or mess up people's brains (in Microsoft's favour).
Slopfarms (Sites That Only Ever Publish LLM Slop) Are Killing Google News
pair of slopfarms still propped up by Google News
Microsoft's Serial Strangler's Law Firm Has a Long History of Fronting for People Who Do Bad and/or Illegal Things
Whose terrible idea was this?
Links 25/03/2025: Clownflare’s Slop and Bounties on Fake Patents
Links for the day
Let Them Eat 'Apps'
Go Appless
Linux Runs Almost Everything, But They Almost Never Tell You This (No Marketing Budget)
Only about 1% (or at most 2%) of the Linux Foundation's budget goes towards Linux; a lot is routed towards Bill Gates and Microsoft promotion
 
LLM Slopfarm: A Site's Last Incarnation Before Throwing in the Towel, Going Offline Permanently
A lot of coverage that claims to be about Finland is chatbot-generated nonsense or poorly-plagiarised work
Microsoft Canonical Pays IDG to Spread FUD (Fear, Uncertainty, Doubt)
this seems a tad exploitative and reminds us of the time Novell kept telling companies that using anything other than SUSE was dangerous
Gemini Links 26/03/2025: GTD, Zenshuu, and Geminispace Community
Links for the day
Links 26/03/2025: Media's Failures, Arrests of Journalists, Limitations of End-to-End Encryption
Links for the day
Novell and Microsoft Apologist/Booster Bruce Byfield Writing About the FSF is a Recipe for Problems
Totally not shoehorning some agenda
Looking Forward to the Fall of UPC and Revocation of the Unified Patent Court (UPC) Agreement, Which Was Always Illegal and Unconstitutional
We'll try to keep abreast of any progress in this case
Slopwatch: Google News, LinuxSecurity.com, and the General Demise of the Web
many supposed or so-called "news" pages are just spewed out by some chatbots (or tools which help plagiarise original articles without getting caught; detection gets harder)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 25, 2025
IRC logs for Tuesday, March 25, 2025
Links 25/03/2025: Terrace Workbench and Spellcheck in LibreOffice on FreeBSD
Links for the day
Free Software Community Folks Are Closer Together Than the Cliques and Opportunists Rallying Around "Open Source" (Openwashing, Marketing, Conniving)
Generally speaking, freedom-loving geeks learn to reject morbid elements and trolls, who end up expelled
The Open Source Initiative (OSI) Might Get 'Forked' Soon
Someone who read our series has already taken a leading role
IBM Layoffs in the United Kingdom (UK) in 2025
Should Free software people trust such a secretive company?
Roku Will 'Lead' Attempts to Abolish the Illegal and Unconstitutional Unified Patent Court (UPC), Which Represents EPO Corruption and Lobbyism Spreading Upwards Inside the EU
When bribery buys policies and courts, even illegal policies and courts
Growing Poverty Rates in the United States of America (or Elsewhere) Beneficial to GNU/Linux Adoption
Toxic politics around the world, including the US, may mean weaker economies
European Patent Office (EPO) Illegally Turning to Slop Behind Closed Doors, Staff Objects to This Hidden Catastrophe
Who stands to gain from all this and at whose expense?
Gemini Links 25/03/2025: Relaxation, Literary "Movements", and Gemini Mentions
Links for the day
After US Government Funding Cuts the Centralisation of the Web (Especially Certificate Authority Let's Encrypt) is at Risk
They try to pull the plug on open protocols with decent encryption available (unless it is outsourced to third parties)
Links 25/03/2025: Putin Sends Children to Battle, 23andMe Drowns as People's Highly Personal DNA Data Floats
Links for the day
When Microsoft Folks Who Literally Strangle Women Try to Strangle Microsoft Critics
Speaking to Court staff yesterday, they too are shocked about those SLAPPs
Martinique: Windows Down to All-Time Low
we cannot expect Windows to ever recover
Anticipated in 2018: Lilie James & Location tracking, Googlists complained
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 24, 2025
IRC logs for Monday, March 24, 2025
IBM (and Red Hat) on a Fast Train to Nowhere
What is the future of Fedora when IBM keeps removing its leadership?
Press Reports Say Almost 10,000 Western IBMers Laid Off
We've been trying to verify/corroborate this somehow
Gemini Links 24/03/2025: "Live Off the Land" and Life Without YouTube
Links for the day
Planet Ubuntu (or Ubuntu Planet) is LLM Slop
Reading chatbots' output is bad use of time
Days Ago yewtu.be Found a Workaround That Made Invidious Work Again. Then Google Broke All the Instances (Again).
"Youtube changed something again, so if a video does not play, it's because of that."
The European Patent Office (EPO) is Slowly Killing Its Own Staff; All It Cares About Is Money
The Office hasn't been run by a scientist for about 18 years already
Links 24/03/2025: US Detaining Innocent People, F-35 Contracts Suspended Due to Hostilities
Links for the day
Cellphones (Mobile Phones) in Classrooms
A recent study confirmed that people's intelligence has dropped in recent years/decades
Is the FSF Being 'Trolled' by Microsofters Pushing C# (Microsoft)?
Who stands to benefit from training people to use and spread Microsoft?
Matthew J. Garrett is "Former Microsoft Researcher", According to Microsoft's Serial Strangler
Their argument is something along the lines of, "what Roy published damaged my career prospects, so I want Roy to pay me...
Links 24/03/2025: Political Catchup and Environmental Concerns
Links for the day
Windows Has Now Fallen to Rather Ridiculous 3% "Market Share" in Iraq (Windows Was Measured at 100% Back in 2010)
Iraq is not a place where Windows can make a comeback
Gemini Links 24/03/2025: Working With Music and Unconscious Influence
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 23, 2025
IRC logs for Sunday, March 23, 2025