Bonum Certa Men Certa

What the European Patent Office (EPO) Looks Like to European SMEs

European SMEs need to queue up to the right, unlike the well-dressed foreign corporation on the left



Summary: A set of personal experiences which serve to show just how the 'European' Patent Office discourages patent applications from actual inventors who are actually European

N

OW that patent neutrality at the EPO is officially dead, there is no room for doubt and plenty of reasons for frustration over the real goals and motivations of the EPO. We moreover wish to present one among many stories that we got from various patent applicants. A lot of European lawyers, including some who represent SMEs and inventors, have complained to us about an agonisingly slow and often discriminatory patent granting process at the EPO. They're not happy. Several of these stories will be the subject of focus in the coming week. More people all across Europe must recognise this problem in order for it to ever be tackled. We humbly hope that raising several key points -- should they be laid out publicly (including to EPO examiners, many of whom read Techrights) -- will help necessary changes take place. It's well overdue and public awareness is belated (by nearly a decade).

"It takes a very long to be granted a simple patent (already enshrined and accepted as patentable in the national patent office).""I think my experience would represent all that is wrong with judge and jury EPO," told us one person who had applied for a patent. " It is clearly a complicated and difficult area to get people to follow."

We have gone through a lot of texts related to this case and have identified several points of relevance to our past coverage of the whole EPO fiasco. Among them:

  1. Lack of communication with small(er) applicants. Readers can still see the internal document which we published some months ago, a document titled "Closer Contact with Major Applicants".


  2. It takes a very long to be granted a simple patent (already enshrined and accepted as patentable in the national patent office). This indirectly relates to (1) and it's not surprising that when large corporations with thousands of applications receive a 'fast lane' other people are left stuck in ever-broadening/lengthening queues. Some people reported to us in Twitter that applications took over a decade to be processed (even initial contact)!


  3. The cost of the process and the incentive to file (apply) is diminished by structural deficiencies that the management of the EPO can be held accountable for.


We have several examples of this and have spoken to numerous parties (both applicants and their lawyers) to ascertain the legitimacy of their accusations against the EPO. To quote some of the relevant bits: "I have already been granted a patent on this invention. Theoretically securing a European patent should have been straight forward."

"The cost of the process and the incentive to file (apply) is diminished by structural deficiencies that the management of the EPO can be held accountable for."There seems to be no eagerness to accept applications (almost) in bulk, as in the case of "Major Applicants" (see aforementioned document). "The primary examiner repeatedly (and with the benefit of hindsight wrongly) rejected my application for circa 4 years," one source told us. Imagine the nuisance to the applicant. In this one particular example, on the "first one-day oral hearing with a panel of examiners it was agreed that my invention was both novel and inventive and could be patented" (in other words, the original, repeated determination was wrong). But this wasn't the end of that. "It was agreed at the end of the first oral hearing," we have learned, "that I could review for any omissions and look to add dependent claims. It was agreed that this could readily be done by E-mail. Since the first oral hearing I have been back in the hands of the primary examiner and the same pattern of delay and rejection has ensued. Once you have addressed the examiners concerns all he does is go away and invent new reasons for not granting. You provide markups with the hope of getting to an agreement but he does not comment on each point so you don’t know which bits are acceptable or not. I have complained about the delay and the manner in which the examiner has handled my case. The response of the EPO has been a blanket rejection of all complaints. The EPO insisted on holding a second oral hearing despite knowing that it was impossible for me to attend. What was to be achieved from the meeting if I was not going to be there? There have been no telephone conversations with the examining division to try and address issues of the application. Currently the EPO is simultaneously claiming that my invention is and is not inventive over prior art [...] I call this the elephant in the room since this is clearly something that can never happen. [...] Given that the ‘Elephant in the Room’ issue may cause great embarrassment this may explain why the EPO has issued an intention to grant on text that was not agreed, as it gives them the pretext for extinguishing my application and ridding themselves of the issue. [...] The matter has been raised repeatedly with the EPO. It has never been addressed by the examining division."

This in itself is bad enough, but what happens when communication issues also arise?

"Another noteworthy example alludes to the delay between applications and grants."One person told us the the EPO doesn't like to talk with applicants but prefers speaking to lawyers, instead, which then introduces prohibitive costs. We learned about the "EPO’s recommendation that applicants use qualified professional representatives. Despite the fees applicants pay to the EPO for their services it is apparent that the EPO would sooner not deal directly with inventors. The economic reality of non-corporate inventors seems wholly lost on the EPO. For the record I did use a patent attorney [...] until funds ran out. This highly competent attorney clearly had no greater success in dealing with the EPO than I. Informally the lawyer has provided pro bono advice since."

Another noteworthy example alludes to the delay between applications and grants. "On a simple time apportionment basis," old us one person, "given the mere 20 year protection the current EPO delays represents a loss of 30%. After an appeal process this will be 50%. In reality there reaches a stage when it ceases to be sensible to proceed so this delay could amount to 100% loss."

If it can take a whole decade to be granted a patent, where's the incentive to file? Even if claimed damages can go back to the time of initial application, who's to say that the patenter or the infringer/s won't have gone bankrupt by then?

"It is not hard to see how companies such as Microsoft, with a whole legion of lawyers in each country, benefits from such a setup, whereas small European inventors are left only with the illusion that the EPO is looking after their interests."Other issues include E-mail communication. "When an E-mail can be used," we've been told, it can "seems very confusing." One person inside the Organisation "claims that the EPO treats E-mails as not received [but later] he claims that E-mails cannot be ignored. [...] the position on E-mails now seems in part governed by security and time limits. On the position of security I would have thought this a matter for the applicant to decide; as regards time limits I would have thought the only sensitivity on this point relates to the filing of the original application. My experience is that the acceptance of E-mails or not is a means of exerting control over the applicant. It is clearly nonsense to resend a document by post that the EPO acknowledges they already have as an E-mail. The prohibition of using E-mails clearly adds cost and delay."

It is not hard to see how companies such as Microsoft, with a whole legion of lawyers in each country, benefits from such a setup, whereas small European inventors are left only with the illusion that the EPO is looking after their interests.

The EPO is broken and change is desperately needed because the intended stakeholders (Europeans, not globalists and multinationals) gradually see what they're really up against.

Recent Techrights' Posts

Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
 
Pissing Contests and Pissing Off Everyone
people who came from Microsoft are trying to vex and divide the community
Microsoft Repeats the Mistakes Made by the EPO After We Exposed a Major Microsoft/EPO Scandal 10 Years Ago
That scandal was all over the media, not just in English
The Demise of LLMs
We've just checked BetaNews again. They've dropped all the slop and went back to human authors.
Gemini Links 13/07/2025: Sonpo Museum of Art and FCEUX
Links for the day
Links 13/07/2025: UnitedHealth's Censorship Campaign, Australia Wary of China
Links for the day
Firing Away With Nonsense
Or fighting fire with fire
Links 13/07/2025: Climate Crisis, GAFAM Poisoning the Water
Links for the day
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025
Plunder at the Second-Largest Institution in Europe
cuts, neglect, health problems, even early deaths
Links 12/07/2025: Political Developments, Attack on Opposition, Climate Actions
Links for the day
Gemini Links 12/07/2025: Melodic Musings and Small Web July
Links for the day
Links 12/07/2025: Jail in China for Homoerotica, South Korea Discriminates Against Old Workers
Links for the day
If Only Everything Was Rewritten in Rust, We'd Have No More Security Issues?
Nope.
Links 12/07/2025: Birdwatching and Fake/Misleading Wall Street 'Valuation' Figures
Links for the day
Gemini Links 12/07/2025: How to Avoid Writing, Apps for Android
Links for the day
Using SLAPPs to Cover Up Sexual Abuse and Strangulation
The exact same legal team of the Serial Strangler from Microsoft and Garrett already has a history fighting against "metoo"
EPO Staff Committee on Harassment in the Workplace
slides
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025
Microsoft - Like IBM - Does the "Relocation" Tricks (Start Over Elsewhere, Then Get Sacked by Microsoft)
It is a "low blow" or a "dick move"
After the Free Software Foundation's Campaign to Raise Money Let's See Campaigns to Finish Off Microsoft (Vista 11, GitHub etc.)
Microsoft is in effect collapsing
Your Publications Have No Major Impact Unless or Until You "Get Some Heat"
we're on the right track
Slopwatch: A Cause for Hope, the Hype is Dying
For about a month we showed that becoming a slopfarm - for several weeks - resulted in utter failure and ruin for BetaNews
Links 11/07/2025: Censorship Worsening, 3D Printing Success Stories, UK and France Unite Around Nukes
Links for the day
Gemini Links 11/07/2025: Zorin OS and Scriptonite Updates
Links for the day
Links 11/07/2025: Hardware, Russia, and China
Links for the day
Links 11/07/2025: Intel Collapsing and Microsoft Resorts to Bribery to Push Slop Via Obligatory Education
Links for the day
The EFF Sided With the Team That Strangles Women and Tells Women to Kill Themselves
They say that apathy and inaction are a form of a "stance"
"Nat [Friedman] and [the Serial Strangler From Microsoft] Were Always Exceptionally Close," Says Former Housemate and Colleague
Now Alex (hiding behind another name when that suits him) not only attacks women but also people who merely report what he did to women
Exemplary List of Things That Are Not Artificial Intelligence or Even Intelligence
The "age of AI" or "era of AI" or "AI revolution" mostly boils down to rebranding, just like "the cloud"
New Letter From the European Patent Office Explains How the Office Plots to Grant Many Illegal Patents, a Self-Fulfilling Prophecy of 'Growth'
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO)
Abuse of Process
5RB is employing people who help violent men
What Microsoft's Nat Friedman and Microsoft Lunduke Have in Common
"Get in da car; No time to explain, loser"
Microsoft and IBM Don't Have Much of a Future (They Mostly Pretend at This Point)
IBM and Microsoft are in some ways alike but in many ways different
It's Not Just Twitter (or X.com) That's Dying, Microsoft's Equivalent is Dying Also
Unable to find a business model
GitHub Copilot Can Cause the Bankruptcy of GitHub to Come Sooner and GitHub to be Shut Down Just Like Skype
Some publicly available information suggests that even for each paid subscriber for plagiarism (LLM 'coding') GitHub Copilot still loses more money than it makes
Wayland is Bad for the Planet
If you use Wayland, it'll take you longer to accomplish tasks and you will consume more energy (or battery life)
Legitimising Those Who Sabotage You
Microsoft is a very malicious company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 10, 2025
IRC logs for Thursday, July 10, 2025
On Microsoft Layoffs
we might be looking at about 60,000 Microsoft layoffs since 2023
EPO Management Already Breaks Its Own Promise (Lie) on "Bringing Teams Together"
This gut-punching move happened just 2 days ago
Gemini Links 11/07/2025: Occupation of 2025 and "Old Man Yells At Soundcloud"
Links for the day
Our Lawsuits Against the 'Cancel Mob' (Ringleaders) Helped Reduce Anti-Free Software Online Abuse
That's not to say that lawsuits are the best way to handle terrible people. But that can help.