Focus on quality over quantity, in-house urge EPO

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

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 ros bottom lb

More from across our site

Coke Morgan Stewart previously spent 10 years in various USPTO roles before joining O’Melveny in 2023
Law firm Stephens Scown secured victory for its client in a dispute over two cider products
The Court of Appeal said the UPC can award damages based on a national court’s infringement ruling, giving the last laugh to the lawyer who filed the case
AI
Robert Guthrie at Osborne Clarke runs through the government’s AI and copyright consultation and considers the expected challenges
A lawyer firing Meta as a client has reinforced why the industry should not shy away from losing business from those with questionable ethical standards, even if it comes at a cost
A blow for Getty ahead of its AI showdown with Stability AI and a licensing deal between Nokia and Samsung were among the big talking points this week
The IP Federation has written to the UPC Court of Appeal’s presiding judge ahead of a crucial decision on whether in-house lawyers and attorneys can represent their employers in litigation
A Boies Schiller Flexner partner explains how he helped toy company Tangle prevail in a copyright case concerning a kinetic sculpture
Awards
Submit your nominations for this year's WIBL Americas Awards by February 28
Awards
Research for the annual Women in Business Law Awards has begun – submit your entries by February 28
Gift this article