tag:blogger.com,1999:blog-5574479.post6877100064688211967..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Friday fantasiesVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-5574479.post-17833428622022157952011-03-23T13:32:15.956+00:002011-03-23T13:32:15.956+00:00Also:
Constant lunchtime, evening and weekend wor...Also:<br /><br /><i>Constant lunchtime, evening and weekend working is not a temporary solution and happens elsewhere.</i><br /><br />It is not a solution at all, but a problem. Somebody who constantly works lunchtimes, evenings and weekends has both his work and his life priorities seriously out-of-kilter. It will lead to lousy work and an even lousier (but presumably short) life. And any organisation which requires this of its employees is seriously mismanaged and quite frankly doomed.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-24587935514015217102011-03-23T13:16:51.811+00:002011-03-23T13:16:51.811+00:00Anonymous@11:23 appears to suffer from a bad case ...Anonymous@11:23 appears to suffer from a bad case of paysheet envy and/or Oral Proceedings Rage. As a former examiner who freely chose to leave the EPO's "guaranteed job security and subsidised canteens", I don't think however that any of the measures he proposes would result in an improvement in the backlog. Much the contrary: charging "full national taxes" on EPO staff would remove money from the system (EPO staff currently pay a notional internal income tax which would presumably disappear) only for the benefit of the Dutch and German tax authorities, make the EPO's already difficult job of attracting qualified staff even more difficult, and its staff turnover similar to that of the USPTO (definitely not the example to follow in terms of reducing the backlog of pending applications).<br /><br />As for outsourcing the work to China or India, when the PTOs <b>there</b> have even more trouble coping with the flood of incoming applications, the idea is so ridiculous it doesn't even bear discussion.<br /><br />Demagoguery may be satisfying to preach (at least anonymously), but it is a bit more difficult to practice.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-35368832215456354392011-03-22T23:23:33.958+00:002011-03-22T23:23:33.958+00:00Constant lunchtime, evening and weekend working is...Constant lunchtime, evening and weekend working is not a temporary solution and happens elsewhere. Structural changes to replace these working practices can take place concommitantly. "Overtime" also implies paid-for work, which isn't part of my plan. Another solution is to charge full national taxes on EPO staff and consider using the money raised in improving the system in other ways. Make life tougher for the examiners, remove the complacency that comes with guaranteed job security and subsidised canteens. Toughen them up and speed them up.<br /><br />Alternatively, transfer the work to India and China.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-71315478806141163202011-03-22T15:47:13.223+00:002011-03-22T15:47:13.223+00:00A qualified European Patent Attorney should be fam...A qualified European Patent Attorney should be familiar with the Guidelines <a href="http://www.epo.org/law-practice/legal-texts/html/guiex/e/e_viii_1_2.htm" rel="nofollow">E-viii-1.2</a>, and remind their examining division of their tenor.<br /><br />He should also be familiar with section <a href="http://www.epo.org/law-practice/legal-texts/html/guiex/e/e_i_1_2.htm" rel="nofollow">E-i-1.2</a>, and count himself lucky to have received a further communication according to Art. 94(3) in place of summons to Oral Proceedings according to Art. 116 EPC. One is entitled to ask the question as to why wasn't the application in order for grant after the first communication.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-69319763452554315042011-03-21T22:20:36.305+00:002011-03-21T22:20:36.305+00:00How about examiners working lunchtimes, late night...<i> How about examiners working lunchtimes, late nights and weekends like normal beings with a lot of work to get on top of?</i><br /><br />Considering the size of the backlog, that would make a lot of lunchtimes, late nights and weekends, quite frankly. Overtime may be a reasonable, possibly unexpected solution to a temporary spike in work, but hardly the right solution to a structural problem.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-15639360402403290402011-03-20T22:21:13.602+00:002011-03-20T22:21:13.602+00:00Clearly no shortage of work for George so no need ...Clearly no shortage of work for George so no need to prompt the EPO as discussed. The system is of clear benefit to the patentee with rights left pending for long periods as a concern to third parties, and the ability to speed things up as desired. The problem is the lack of clarity for third parties over the potential validity of such un-examined rights. The patent offices need to shift their backsides double quick to ensure the interests of all parties are looked after.<br /><br />The EP system is far from working well. Quality is still good, though only just, but back-handed backlog clearing processes have dominated the workings of the EPO over the last few years, rather than good old fashioned elbow grease. How about examiners working lunchtimes, late nights and weekends like normal beings with a lot of work to get on top of? Take that as rhetorical as I wouldn't want to cause any stress for our EPO soldiers.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-40685470398313910542011-03-18T20:56:27.373+00:002011-03-18T20:56:27.373+00:00What are you grumbling about? Have industry's...What are you grumbling about? Have industry's wishes changed? There was a time when we were quite satisfied with the possibility to postpone German and Japanese examination, German even against payment of annual renewal fees. Now we get almost the same in the EP system, and it works very well. The annual renewal fee paid while the case is pending is between one third and one tenth of what you would have to pay in annual fees (with the customary service fee) for issued patents based on a European application. All dependent on validations, of course! And if you really need your right soon, you can always accelerate the process. This is what I tell my clients.<br /><br />George Brock-NannestadAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-53110724377621489822011-03-18T17:57:14.682+00:002011-03-18T17:57:14.682+00:00The second post is correct, simply requesting when...The second post is correct, simply requesting when the next action is to be expected will, in theory at least, speed things up, since the EPO will respond with an estimated date of when the action will be issued and in most cases will respect that deadline.<br /><br />This does not require accelerated examination to be requested and so the applicant can still request extension of time limits under Rule 132 (which he can no longer do when acceleration is requested - OJ 1989, 180).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-39254402419239534222011-03-18T17:37:27.969+00:002011-03-18T17:37:27.969+00:00I am curious as to the nature of objections in the...I am curious as to the nature of objections in the shorter term response letters. If they are simple ones then it does make sense for the EPO to set a shorter period. Wouldn't it be nice if they prepared to initiate scheduled telephone conferences as well in cases where constructive progress can be made.<br />On the other hand, if the objections are very serious, it might make sense to get the thing abandoned before the next renewal fee is due. Either way, shorter response terms will be a problem if anonymous at 4:28 is right and patent attorneys need to create work for themselves. Go EPOFilemothttps://www.blogger.com/profile/15735898485265104580noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-59060022086587718442011-03-18T16:33:26.430+00:002011-03-18T16:33:26.430+00:00Re: Non-cynical patent practitioner - we've al...Re: Non-cynical patent practitioner - we've also received a number of Examination Reports with two or three month terms rather than four despite long delays by the EPO...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-30478132668651724582011-03-18T16:28:54.773+00:002011-03-18T16:28:54.773+00:00Must be a non-cynical in-house attorney. A client-...Must be a non-cynical in-house attorney. A client-focussed private practice would have long before sent the EPO a letter querying when the next office action may be expected. Thereby prompting them to shift their backsides and send an OA without the applicant having instructed their agent to request acceleration. All in their clients interests of course and not part of a work-creation policy when business is quiet.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-62733928072652865822011-03-18T13:08:41.176+00:002011-03-18T13:08:41.176+00:00It's complicated enough getting copies of amen...It's complicated enough getting copies of amended patents. Stuck in the dark ages with no sign of the invention of the light bulb.Anonymousnoreply@blogger.com