Quality vs Quantity: situation at EPO
In 2006 the EPO lost more than 12000 man-days to strikes against, amongst others, the introduction of a new examiner reporting system (based on production targets) which was planned for 01.01.2007. Since then, the system has been introduced (1.1.2008) in an amended form. In the rush for its introduction, many aspects were left very poorly defined and open to interpretation (and/or abuse to drive production at the expense of quality). It therefore remains to be seen what its effect will be.
Some of the many reports on the actions in the media can be found as follows:
An article appeared in the December 2006 edition of Agora, the magazine produced by the Union Syndicale Fédérale, entitled "Strikes at the European Patent Office (EPO)"
Die Welt: "Streik im Europäischen Patentamt" (27.10.2006)
EU Observer: "Europe faces surge in patent applications" (25.10.2006)
Futurezone.orf.at: "Europäische Patentprüfer streiken" (25.10.2006)
The Süddeutsche Zeitung wrote "Streit im Europäischen Patentamt" (21.10.2006), "Patentprüfer gegen neue Arbeitsbeurteilung" (26.10.2006) and "Patentprüfer im Streik - Wirtschaft" (26.10.2006) (access restricted to subscribers of the Süddeutsche Zeitung)
Heise.de has written the following newsticker reports: "Strike at European Patent Office" (10.05.2006), "Strike continues at European Patent Office" (16.05.2006), "Ganztägiger Streik beim Europäischen Patentamt" (18.05.2006), "Neue Streikwelle beim Europäischen Patentamt" (25.10.2006) "Krise des Patentsystems: Weiterer Streik am Europäischen Patentamt" (06.12.2006)
On 18.05.2006, Pfohlnet wrote "Ganztägiger Streik beim Europäischen Patentamt"
On 10.05.2006, ZDNet produced the article "Patent inspectors strike over quality fears"
Another article appeared in Nature in 2006 entitled "Patent officers crack under pressure"
Nature magazine produced an article in 2004 entitled "Pressured staff 'lose faith' in patent quality." (available to Nature subscribers only)
Back in February 2000, the New Scientist reported "Go-slow at patent office puts inventions on hold"
SUEPO has pledged to stimulate and contribute to the public debate on patent quantity vs. quality and we would like to point to the following interesting articles on this issue:
Heise: Europäisches Patentamt erteilte 2007 weniger Schutzrechte (24/06/08)
EGA: Patent-related Barriers to Market Entry for Generic Medicines in the European Union - A Review of Weaknesses in the Current European Patent System and their Impact on the Market Access of Generic Medicines (05/08), reproduced with kind permission.
MIP: Fees may rise as EPO stresses quality (Interview with Roland Grossenbacher, Chair of the Admin Council) (01/02/08).
Policy options for improving the European Patent System, a background document for the European Parliament STOA workshop.
IDEI (Institut d'Economie industrielle, University of Toulouse) have published a study, which was commissioned by SUEPO to look into objectives and incentives at the EPO.
A ZDNet article reports Survey: European patents have quality problems (8.6.2004)
A paper by Dietmar Harhoff (University of Munich), published by the Economic Council of Finland, Prime Minister's Office as a part of Finland's EU Presidency programme, Sept. 2006 (Chapter 2.1)
Contribution from UNICE to the Quality Conference at the EPO (DH), Nov. 2005
Mr Roland Grossenbacher, Chairman of the EPO Administrative Council in "Managing Intellectual Property", Sept. 2006
Thierry Sueur (IP department Air Liquide; UNICE) and Jacques Combeau (IP department Air Liquide) in "Interviews for the Future" published by the EPO in Summer 2006 (not available electronically)
An article in Patent World April 2004 entitled "Serving two masters", reproduced with kind permission.
The Management of the USPTO has also been criticised . Greg Aharonian of the Internet Patent News Service had these comments on the issue.
Comments from Otto Bossung (or here in German), one of the founding fathers of the EPO, on the governance structure of the EPO; see in particular section II, point 3
The EPO staff representation has also produced the following papers on the subject of quality:
"Pax: a recipe for bad quality" (28/4/2006)
"Pax: a prescription for ill health" (25/4/2006)
SUEPO position on the questionnaire of the European Commission on the patent system in Europe (30/3/2006)
Results of a staff survey on quality carried out in 2004
SUEPO position Paper: "Quality of Examination at the EPO" (18/5/2004)
"The quality mission of the European Patent Office - A perspective for the future" (3/9/2004)
From 2002 but still very relevant: "A Quality strategy for the EPO"