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

Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
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
 
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
[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
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
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
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
Death of Michael Anthony Bordlee, New Orleans, Louisiana
Reprinted with permission from disguised.work
The Revolution Continues
Today we've published over 20 pages and tomorrow we expect more or less the same
Death of Dr Alex Blewitt, UK
Reprinted with permission from disguised.work
Software Freedom Conservancy (SFC), Inc. vs. Vizio, Inc. Is Costing the Free Software Foundation Money
FSF subpoena and deposition
Following the Herd (or HURD)
Society advances owing to people who think differently and promote positive change, not corporate shills
They Try to Replace the Creators of GNU/Linux and Hijack Their Word, Work, and Reputation
gnu.org is down at the moment; now I'm told it's back but very slow. DDoS?
Thiemo Seufer & Debian deaths: examining accidents and suicides
Reprinted with permission from disguised.work
Links 05/05/2024: Political Cyberattacks From Russia and Google Getting a Lot Worse
Links for the day
Gemini Links 05/05/2024: Infobesity and Profectus Beta 1.0
Links for the day
Running This Site Mostly a Joyful Activity
The real problem or the thing that we need to cancel is this "Cancel Culture"
Australia Has Finally Joined the "4% Club" (ChromeOS+GNU/Linux)
statCounter stats
Debian as a Hazardous Workplace Where No Accountability Exists (Nor Salaries)
systematic exploitation of skilled developers by free 'riders' (or freeloaders) like Google, IBM, and Microsoft
Clownflare Isn't Free and Its CEO Openly Boasted They'd Start Charging Everyone to Offset the Considerable Losses (It's a Trap, It's Just Bait)
Clownflare has collapsed
Apple Delivered Very Disappointing Results, Said It Would Buy Its Own Shares (Nobody Will Check This), Company's Debt Now Exceeds Its Monetary Assets
US debt is now 99.98 trillion dollars
FSFE Still Boasts About Working Underage People for No Pay
without even paying them
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work