Focus on quality over quantity, in-house urge EPO

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Focus on quality over quantity, in-house urge EPO

EPO

More than 70 people attended the Industry Patent Quality Charter roundtable today, December 8

The EPO must prioritise patent quality alongside speed of grant, in-house counsel argued at a public roundtable meeting today, December 8.

More than 70 people, including representatives from industry, law firms, and national patent offices, attended the Industry Patent Quality Charter meeting this morning.

Beat Weibel, chief intellectual property counsel at Siemens in Munich and the meeting organiser, said the EPO hadn’t listened to concerns on patent quality.

The EPO focused too much on internal efficiency and speed of grant at the expense of thorough search and examination, he said.

Richard Lloyd, director of patents at HP in France, said the EPO needed to give examiners enough time to be thorough in their work.

“Quality will come from the people the EPO has and the time they are given,” he said.

Joerg Thomaier, head of IP at Bayer in Germany, cited internal EPO correspondence that he said underlined the EPO’s focus on efficiency above quality.

An examiner who raised doubts over the patentability of an application was told to grant it anyway by the chair of his examination division, Thomaier claimed.

Sabine Kruspig, of counsel at Schwarz & Partner in Munich and an EPO examiner from 1992 to 2015, said the office viewed itself as a company with a production line.

Gabriele Mohsler, vice president of patent development at Ericsson in Cologne, was one of several in-house counsel to call for a more thorough examination of inventive step at the EPO.

“We need examiners to rigorously look into the prior art,” she said.

Time trial

Other counsel praised the EPO's work in speeding up grant times and clearing its backlog of patent applications.

Gautier Engisch, vice president and associate general counsel at Procter & Gamble in Brussels, said timeliness had once been a serious problem at the office.

“The EPO heard the complaint and fixed the problem,” he said.

Better searches and examination shouldn't come at the cost of timeliness, he added.

Lloyd of HP said the EPO search was seen as the industry gold standard. He also praised the office for its improvements on timeliness.

But he agreed that the focus should shift to quality, and that examiners should have enough time to do their jobs.

“The EPO is using new technology and trying to increase its coverage of databases, but it isn’t possible to eliminate the human element,” he said.

Cultural leadership was needed from the top to improve quality, Lloyd added.

Other suggestions included training opportunities for EPO examiners at corporate IP departments and an anonymous feedback loop for users.

Representatives from the national IP offices of San Marino, Switzerland, the UK, Hungary, Germany, Austria, Denmark, Finland, Sweden, and Croatia attended the meeting.

The EPO did not send a representative.

A spokesperson for the EPO rejected the criticisms of its internal processes by members of the industry group when contacted by Managing IP last week.

more from across site and SHARED ros bottom lb

More from across our site

IP lawyers at three firms reflect on how courts across Australia have reacted to AI use in litigation, and explain why they support measured use of the technology
AJ Park’s owner, IPH, announced earlier this week that Steve Mitchell will take the reins of the New Zealand-based firm in January
Chris Adamson and Milli Bouri of Adamson & Partners join us to discuss IP market trends and what law firm and in-house clients are looking for
Noemi Parrotta, chair of the European subcommittee within INTA's International Amicus Committee, explains why the General Court’s decision in the Iceland case could make it impossible to protect country names as trademarks
Inès Garlantezec, who became principal of the firm’s Luxembourg office earlier this year, discusses what's been keeping her busy, including settling a long-running case
In the sixth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Futures, a network for early-career stage IP professionals
Rachel Cohen has reunited with her former colleagues to strengthen Weil’s IP litigation and strategy work
McKool Smith’s Jennifer Truelove explains how a joint effort between her firm and Irell & Manella secured a win for their client against Samsung
Tilleke & Gibbins topped the leaderboard with four awards across the region, while Anand & Anand and Kim & Chang emerged as outstanding domestic firms
News of a new addition to Via LA’s Qi wireless charging patent pool, and potential fee increases at the UKIPO were also among the top talking points
Gift this article