Bonum Certa Men Certa

The European Patent Office’s (EPO) Declining Patent Quality 'Tackled' by Making Appeals/Oppositions Harder and More Expensive

Hiding the effect rather than actually dealing with it

The power of pricing
Battistelli hoped that offering 'discounts' to applicants would be a boon to the number of applications (as applications are running out, rendering staff redundant), but it lowers both quality and revenue (source: "The Power of Pricing")



Summary: The so-called 'System Battistelli' is proving to be a disaster which makes both examiners and patents obsolete; Making applications cheaper while making appeals/oppositions harder and more expensive is a recipe for disaster, assuring nothing but more litigation and more workloads for courts, where fees rise to extraordinary levels (in effect externalising the costs/toll of EPO to the public, primarily for gains of patent law firms)

THE USPTO has made oppositions easier and more common (e.g. via PTAB IPRs). We are thankful for this because if patent justice is the goal, then elimination of wrongful patent grants is a desirable thing. At the EPO, by contrast, appeals or oppositions are being made harder just when they're needed more/most (because of declining quality of grants, as a thousand courageous and moral examiners attest/confess to).

"This is bad for everyone in Europe, except perhaps law firms and patent trolls."So far this month we have composed about four articles about increase in appeal fees (effective in 9 days), having already shown a soaring number of oppositions (possibly more than examiners can ever deal with given the unreasonable work demands/quotas). SUEPO has repeatedly complained about it, noticing that significant upsurge and noting that the new structure of groups lowers/dilutes skills level inside each. It's a system which is designed to fail; it's supposed to fail on justice, i.e. it'll wind up failing to annul erroneous grants. This is bad for everyone in Europe, except perhaps law firms and patent trolls.

A site which advocates patents on life has just advertised its so-called 'webinar' (lobbying setup) and spoke of "late-filed EPO documents" in relation to oppositions. To quote:

Late-filed documents will come under greater scrutiny in light of changes to the European Patent Office’s (EPO) opposition procedure.

That was one of the key points discussed during a joint webinar between LSIPR and HGF yesterday, March 21.


That's two days ago. It's like a think tank stuffed/stacked with law firms, trying to basically ensure patent maximalism while noting that "granted patents increased from 64,619 to 105,635 at the EPO."

The number of applications barely grew in the same period. This ratio is therefore alarming.

To quote further:

This will mainly be achieved by a significant shortening of the written proceedings phase of opposition practice. According to Moore, the streamlined opposition procedure could result in opposition divisions being stricter in allowing late-filed documents and late-filed requests into the proceedings.

“I think it’s certainly the case that late-filed documents will come under greater and greater scrutiny,” explained Moore.

“I’ve had six or seven oral proceedings in the past couple of months, some of which have required late-filed documents and the analysis on their prima facie usefulness seems to be taken at a very early stage by the Opposition Division.”


The Opposition Division is already overworked and overwhelmed. Patent maximalists prefer it that way because it helps ensure low patent quality.

The terrible assumption they (along with Team Battistelli/Team UPC) make is that patent courts will be able to better deal with patent assessment. But at what cost? Well, patent law firms profit a lot from litigation, so why would they oppose the status quo? They profit both from plaintiffs and defendants. They want the UPC because it means passage of patent assessment tasks from examiners to courts. As Benjamin Henrion put it yesterday: "UPC rules of procedure will be ratified in express mode by national parliaments? right or wrong? Can anyone confirm?"

Nothing is being ratified. Neither in the UK nor Germany. It's not even on the agenda anymore. Without both of them ratifying -- a deadlock-type process -- the UPC is going nowhere. This is where we are today.

EPO revenue from applications seems to be declining. This is in spite of the goose being killed, i.e. the main 'asset' (experienced examiners) leaving and the backlog running out.

Yesterday the EPO wrote: "With nearly 500 more applications filed by German inventors and firms in 2017, Europe’s largest patent filing country again showed growth (+1.9%)."

"After EPO gave discounts," I corrected them, "so overall applications revenue [was] down again..."

We wrote about this before.

The EPO also wrote (yet again): "Are you familiar with our Case Law of the Boards of Appeal publication? Tell us your opinion on it..."

This Boards of Appeal (BoA) spin continues unabated. The EPO posts this every couple of days and yesterday it was Boult Wade Tennant which joined the spin by publishing "EPO Launches a Consultation on the Revision of the Rules of Procedure of The Boards of Appeal" (EPO stenography).

But the EPO only pretends that BoA, which remains under attack from Battistelli all the time, is under public control. Battistelli wants them replaced by UPC.

The law firm wrote:

The EPO provides Applicants, Patentees, and Opponents with the opportunity to appeal decisions of the Examining Division or the Opposition Division following adverse decisions.

In recent years, the Case Law of the Boards of Appeal has developed in relation to the ability of an Appellant to present new arguments, objections, evidence, and amendments during appeal proceedings. Whilst the practice of the Boards can vary significantly in this regard, recently there has been a general trend towards a more restrictive procedure.

[...]

As a result, the need for Applicants, Patentees, and Opponents to present a full and exhaustive case before the Examining Division or Opposition Division is likely to become even more important.


The whole process is currently under attack. Examiners cannot issue patents correctly (too pressured to work in a rush), the Opposition Division sees oppositions soaring (but isn't adequately staffed to deal with this workload), and the Boards are also grossly understaffed and lacking independence. The above is merely a face-saving and/or revisionism exercise. The EPO isn't functioning properly. Insiders know that, but mainstream media remains (with very few exceptions) silent on the matter.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day