Bonum Certa Men Certa

The USPTO, With All Its Serious Issues, Increasingly Looks Like the EPO's Role Model

EPO is trying to fit into the severely flawed US patent system and even hires a PR firm from Washington

EPO and USPTO



Summary: The EPO's obsession with following the footsteps of the USPTO (low patent quality, patent trolls aplenty, corporate sovereignty etc.) brings into question the whole direction of the EPO's management, which now even hires a firm from Washington (FTI Consulting) for reputational risk and disaster/crisis management in Europe

THE EPO is becoming more like the USPTO. It's not hypothetical or mere projection. It's rapidly becoming a reality and that's no compliment because the latter is renowned (or notorious) for low patent quality.



Watch Apple v. Samsung resulting in a massive payout (it's all over the media). See the low quality of the patents involved. Battistelli may try to deny this, but the EPO too had granted some of these patents (analogous to US patents), which were invalidated only after Apple took them to the European courts. It caused a huge amount in losses to practicing technology companies like Samsung; only the patent lawyers gained from it.

"Battistelli may try to deny this, but the EPO too had granted some of these patents (analogous to US patents), which were invalidated only after Apple took them to the European courts."Software patents and their triviality (or shallowness) are demonstrated in an article by Timothy Geigner at TechDirt, published in reference to the EFF's statement that "The Loading Screen Game Patent Finally Expires". The EFF explains the background to it (we covered this patent here several years ago): "In 1998, the U.S. Patent and Trademark Office issued Patent 5,718,632, on a method for avoiding “unnecessary wastage of time” in video games. What’s transpired in the 17 years since then can best be described as an unnecessary wastage of time.

"Namco’s patent covers “auxiliary games” that a player can enjoy while the main game is loading. The patent expired on November 27, which has generated a lot of excitement in the gaming world, and even inspired a Loading Screen Jam where developers create their own loading screen games."

According to a lawyers' site, there is increasing overlap between the EPO and this other system which has a vast number of software patents (maybe approaching a million such patents, depending on definition of software).

"Are USPTO and EPO going to be somewhat of the same any time soon?""In its effort to increase electronic sharing of information and documents among global IP offices," the lawyers' site says, "the USPTO currently participates in the priority document exchange (PDX) program and a program through which USPTO search results for a particular U.S. application are shared with the European Patent Office (EPO) (76 Fed. Reg. 82,279 (Dec. 30, 2011))."

This is the kind of globalisation of patent systems (covered here extensively several years ago [1, 2, 3]) which mostly serves to expand the scope of patents, the scope of injunctions, etc. Are USPTO and EPO going to be somewhat of the same any time soon? In the name of "harmonisation" or "community", as was previously done in Europe (in relation to what's now called -- after repeated renames -- Unitary Patent)?

What comes after the Unitary Patent? More cross-Atlantic treaties? Remember who benefits from it: the big clients of EPO managers. They've always been fighting for it.

"It requires more courage to suffer than to die."

--Napoleon Bonaparte

Recent Techrights' Posts

Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
 
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week