Bonum Certa Men Certa

Why the European Patent Office Cannot Really Sue and Why It's All -- More Likely Than Not -- Just SLAPP

“A SLAPP is a lawsuit, filed for the improper purpose of trying to silence criticism, or to prevent someone from pursing their own right of redress. The typical SLAPP plaintiff does not care whether he wins the lawsuit, and often knows he has no chance of prevailing. The plaintiff’s goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. As a bonus, if the SLAPP plaintiff can garner notice in the media, or even among the defendant’s circle, a SLAPP suit may also intimidate others from participating in the debate.”

--Aaron Morris



Summary: Legal analysis by various people explains why the EPO's attack dogs are all bark but no bite when it comes to threats against publishers

THE EPO's dubious attack on our free speech appears to be a lot more dubious than people even care to recognise because they don't know about the EPO's immunity and impunity (it's effectively above the law, but just conditionally). UK Defamation Law does not permit the EPO to do what it threatens to do. As some of our readers pointed out to us:



We saw the article about the EPO's legal threat against you.

Here are a few comments off the top of our heads.

First of all we noticed that the article objected to contained a reference to Grant Philpott. The "edit" to the WIPR article involved removing Philpott's name (as he was named in the original WIPR report).

For what it's worth, Philpott is British and he used to be in the British Army (many years ago). This is no secret. We have no idea what significance if any this might have to anything or if it's just coincidental. [...] However, we think that all of this may (hopefully) backfire on Battistelli and his crew. [...] Our understanding of the situation is that if the EPO does go to court it will have to lift its immunity. That could be quite dangerous for them.

You need to be aware of the Protocol on Privileges and Immunities (PPI) [...] look at the PPI in particular Article 20: "(1) The Organisation shall co-operate at all times with the competent authorities of the Contracting States in order to facilitate the proper administration of justice, to ensure the observance of police regulations and regulations concerning public health, labour inspection or other similar national legislation, and to prevent any abuse of the privileges, immunities and facilities provided for in this Protocol."

If the EPO decides to go to court, then it will be obliged under Article 20(1) PPI to "co-operate [...] with the competent authorities of the [U.K.] in order to facilitate the proper administration of justice [...] and to prevent any abuse of the privileges, immunities and facilities provided for in this Protocol."

On that basis, we suppose that you could lodge requests for discovery of documents etc. and that the EPO would have to comply if they want to pursue any action against you.

They shouldn't be allowed to misuse a UK (or other national) court in an attempt to prosecute you while at the same time being allowed to hide behind their cloak of immunity. Refer to the legal principle of "equality of arms" which should apply in a UK court.

If the EPO tries to get "serious" about court proceedings, then maybe you can request that the court obtains a binding undertaking from the EPO that it waives its immunity from jurisdiction and execution for all matters relating to the case including any counter-claims that you may make against them.

This could be the biggest mistake that Battistelli has made so far.

By trying to muzzle free speech outside the EPO he is moving outside of his normal "comfort zone" where he gets to make and break the rules as he pleases. There is also a high probability that this attempt to take legal action against a "blogger" could attract a lot more "mainstream" interest in the whole affair (à la Streisand).

We are sceptical that Battistelli really wants to go before a national court with stuff like this. It sounds more like scare tactics - but maybe he is sufficiently bonkers to try it...

We will be following developments with close interest. [...] we are not experts in UK defamation law but we had a quick look at the Defamation Act of 2013 and we noticed a few things that might be relevant for your situation.

Under Section 1 of the Act, "harm to the reputation of a body that trades for profit is not “serious harm” unless it has caused or is likely to cause the body serious financial loss."

The EPO is not a "body that trades for profit" so it is not covered by that Section to begin with. Anyway, it's doubtful that they could show any "serious financial loss" from Techrights publications.

We also noted that according to the Wikipedia page relating to the Defamation act: "Non-natural persons performing a public function do not have an action in defamation against any statement concerning that function."

If that interpretation of the law is correct - which it seems to be - then it's difficult to see how the EPO could possibly have any success in trying to initiate a defamation action against Techrights in a UK court.

That's just our opinion but hopefully lawyers can confirm.



"You might find this amusing," they added later, "click on the photo of the author at the top of the article." (posted by this person just one week after the threatening letters started to come)

One person asked us: "Can you tell me if [this person] is on the EPO staff or if they have engaged an outside firm? It might be worth investigating the nature of his previous practice record."

"Hitherto, external entities have become richer thanks to undisclosed budget from a public purse."Well, what's perhaps troubling here is that private companies are again being used by the EPO. The EPO already has its own (in-house) lawyers. Hitherto, external entities have become richer thanks to undisclosed budget from a public purse.

The above isn't out of the ordinary. We recently learned that WIPO too tried to silence a blog with legal threats. It happened some years ago. The blog received, according to what we learned, "a phonecall from one of the Deputy Directors-General followed by two legal letters before action, only to discover that, as a body established under an international convention, WIPO didn't have the legal power to sue or be sued in any national court. This may be so for the EPO, one way or other."

Well, apparently, based on what PatentBuddy wrote in Twitter last week, WIPO also threatened Gene Quinn (another blogger) in a similar way. It happened not too long ago. Why the overreach? Was this SLAPP as well?

"By this point, we have written nearly 400 articles about the EPO (we have focused on deeper affairs for over a year now)."Well, many states in the US have anti-SLAPP laws (not all states, but see for instance California SLAPP Law). There are also things like blogger protections (depending on definition of journalist, blogger, forum etc. with salaried/non-salaried being a factor). Why are public bodies taking the risk of trying to keep bloggers quiet? Can they not foresee backlash?

By this point, we have written nearly 400 articles about the EPO (we have focused on deeper affairs for over a year now). There seems to be serious institutional abuse there and in recent months the British media too started covering these matters (in big numbers, citing Techrights). Private Eye picked up this story and publicised the scandals (using evidence from Techrights). That's why the EPO must be so worried. English-speaking media has very broad reach, unlike Croatian media for example. We therefore assume that they just try to intimidate or silence the site. Well, the site is already BLOCKED (for the first time in history) from within EPO offices. They clearly try to keep it quiet, to keep staff unaware of it, but the harder they try, the more sources (whistleblowers) turn to to the site with new and explosive leaks. We even got some more earlier today... we're now drowning in material.

"This behaviour from the EPO is intended to discourage writing (they start by nitpicking on one article, only to try others later)."Based on the wrong name being in the legal letter (they address me by a completely wrong surname*), they're on some kind of a new campaign to silence the media. I'm not the only target and I was warned about this recently. More people now come out (privately at least) and speak about growing pressure from the EPO (see what was posted here last month, there is a long history to it and the story of unitary-patent.eu may be one of very many). For reactionary leverage, some suppose, victims of EPO bullying could invoke the Streisand Effect and let people raise awareness of what EPO is attempting to do here. That kind of coverage would definitely annoy the majority of EPO workers (there are around 7,000 of them), and maybe lead to more effective and much broader a standoff/demonstration.

This behaviour from the EPO is intended to discourage writing (they start by nitpicking on one article, only to try others later). Based on the letters, this is action from the EPO itself, not an individual. SUEPO's site was also recently silenced (back in September), probably using a similar kind of letter, maybe even from the same firm.

"There is an atmosphere of fear and terror at the EPO and we can't help thinking of FIFA and Volkswagen for parallels."We often wonder if, even after publication, a lot of publishers silently censor their articles (removing words or entire paragraphs) without us even noticing it. We started saving articles about the EPO for this reason (for later comparison, as recently shown here). Journalists and publishers are made afraid to the point where very serious violations can go on and on. People commit suicide and next month we are going to write about what motivates (at least some of) these suicides. We have more damning information about the EPO, but we keep it under the wraps because it's so damning that it would put people's careers at risk if published (the subject of the articles being at risk, not the sources). There is an atmosphere of fear and terror at the EPO and we can't help thinking of FIFA and Volkswagen for parallels. ______ * Wrong name being addressed to indicates they may have reused a template, as they have been muzzling other people as well (this other name too is German and the EPO is based in Munich).

Recent Techrights' Posts

Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
 
SLAPP Censorship - Part 104 Out of 200: Exactly Two Years Ago Brett Wilson LLP Humiliated or Weaponised Our Solicitor's Judaism in an Effort to Censor and Gag Us
dated 12/06/24
Half a Year Since Slopwatch Died
To Google's credit, it did manage to delist a lot of slopfarms in recent months
Links 12/06/2026: Science, Windows TCO, and More
Links for the day
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026