Bonum Certa Men Certa

When European SMEs Make the Mistake of Relying on the EPO's Integrity, Now Want to Even SUE the EPO

And the European Patent Office (EPO) wants even more power with the Unitary Patent?

Sorting ideas



Summary: The EPO's alleged mistreatment of small applicants that actually come from Europe (unlike prolific applicants that enjoy a fast lane and come from outside Europe) riles up even the most important stakeholders and creates a desire to sue the European Patent Office

TECHRIGHTS has mostly focused on the serious human rights violations by the EPO in recent years. Prior to that, software patents in Europe were the main subject of focus and earlier this month, opening the year 2016, we also revisited the gross discrimination against small European businesses. The EPO is not European (in the EU sense); it's an international institution for internationalists, globalists, multinationals or whatever one calls billionaires and their large corporations that are politically connected and often evade tax using all softs of dirty (but legalised by their lobbyists) tricks.

"The EPO is not European (in the EU sense); it's an international institution..."As recently promised, today we start shedding some more light on how small European businesses feel about the EPO. European businesses that actually had the displeasure of dealing with the EPO that is, not some mythical SMEs that the EPO's PR team speaks of...

We wish to start with the following letter, redacted a little in order to better protect various people's identities and cases.

President Benoît Battistelli

European Patent Office

80298 Munich

Germany

Dear M. Battistelli

[redcated]

Further to my letter of [redcated] I have received a reply from [redcated]. I remain gravely concerned about how inventors, in particular individual inventors, are handled by the EPO.

My concern is that European citizens are able to secure the maximum possible Intellectual Property (“IP”) that they are entitled to in the shortest possible time so that economic value is maximised. This cannot be the case if the EPO refuses applications on which the EPO accepts there is patentable IP and if the EPO takes more than 6 years to arrive at this position.

In the case of my [redcated] EPO agreed to grant a patent on the basis of [redcated] as set out in the document [redcated] and that he could review that claim to ensure all IP was included and submit dependent claims. This resulted in submissions [redcated]. The first, [redcated], addressed the omissions and the subsequent filings were modifications to accommodate EPO objections. Contrary to the refusal letter just sent out [redcated] did not refuse [redcated] per se but was seeking the above augmentation (IP omitted and dependent claims) previously agreed. In accordance with the advice of [redcated] in his submission of [redcated] set out revised arguments and the order by which his claim revisions should be reviewed.

[redcated]

Had this review process been followed then, as a very disappointing minimum, there should have been a letter to grant on the basis of [redcated] and not the refusal [redcated].

Not only have the documents not been reviewed as outlined (they have reviewed [redcated]) but your examiners claim there is no [redcated] on file! If the examiners believed there to be no such document why did they not contact [redcated] to clarify the position? [redcated] is on file dated [redcated].

In addition to losing [redcated], your examiners appear to have lost the inventive step agreed at the first oral hearing. As the diagram below shows all the features present in [redcated] have been migrated into [redcated]. How therefore has the inventive step in [redcated] been lost in [redcated]? The text also shows the correction to the structure and addition of the [redcated].

[redcated]

Most troubling of all the issues is the basis on which the EPO has rejected [redcated]. [redcated] outlines this as follows: -

[redcated]

I am gravely concerned because it would appear that the examiners have themselves created a false inventive step solely for the purpose of rejecting claim [redcated]! Taking features in common between inventions then falsely making out that this is the inventions inventive step is clearly a basis by which all inventions could be refused. If this is so there is a very serious affair to address.

[redcated] has [redcated] for an explanation but none has been forthcoming from any of them. This in itself speaks volumes. [redcated] enquiries should be answered as a matter of urgency. The inventive step agreed at the first oral hearing is surely documented on the file. Please could I see this document? I am keen to understand the truth of this matter. I understand [redcated] has a recording of the first oral hearing which, if necessary, will provide definitive answers. Apparently inventive step was discussed for at least an hour.

I find it unacceptable that the EPO should issue a letter of refusal whilst disputed items are still being debated and to do so without first consulting the applicant. The examiners have written off years of work at the stroke of a pen despite accepting there is patentable IP to be had. The only option for [redcated] is further expense and further delay none of which seems fair or reasonable.

Surely it would be helpful in most instances to talk through the issues with the applicants in advance of reviews to ensure mutuality of understanding. I am dismayed that there has been no attempt on the part of the EPO to have any sort on conversation whether by email or conference call with [redcated]. Considering the process involves highly technical scientific and legal points between people of different cultures and languages I would have thought dialogue absolutely essential and by far the easiest way to remove misunderstandings and expedite matters.

Given the gravity of the situation I would ask that in addition to the specific questions raised that require an immediate response that it would seem appropriate that [redcated] file with the EPO be independently reviewed so that lessons can be learned from his experience and his invention can be considered fairly.



"I believe the action of the EPO has effectively stripped me of all economic value of my invention already," told us the person who had been victimised above. "I think the only thing that will get them to sit up and pay attention/change is if they are sued. I am not sure if this is possible and what the risks and costs to myself might be. Have you ever heard of them being sued?"

"The EPO has become just an instrument of power to be habitually misused by people in power without them facing any consequences."As even the Dutch government begrudgingly finds out, this isn't so simple. The EPO cannot really be sued for various reasons (they cannot sue either, but they threatened to sue me in an effort to intimidate and induce censorship). One can find the reasons for their legal immunity/impunity in our past articles. This is in fact one of the more outrageous things about the EPO. They're unaccountable and not liable to anyone.

It must be a thrilling experience working inside Team Battistelli, essentially being a tyrant above the law.

As various different factors serve to indicate, today's EPO is not about invention but about protection or protectionism. The EPO has become just an instrument of power to be habitually misused by people in power without them facing any consequences.

"To us, the moment 8:17 A.M. means something - something very important, if it happens to be the starting time of our daily train. To our ancestors, such an odd eccentric instant was without significance - did not even exist. In inventing the locomotive, Watt and Stevenson were part inventors of time."

--Aldous Huxley

Recent Techrights' Posts

Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Fragmentation of Data
Life is too short to "hoard" data
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
 
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025
Gemini Links 19/07/2025: Git For Authors and Filtered Antenna
Links for the day
UEFI 'Secure' Boot Abuses by Microsoft to be Brought Up in the UK High Court in 3 Months
we'll seek compensation
Next Year It'll Be Half a Decade Since the Fall of Freenode (and IRC is Still Doing OK)
Our IRC network is still accessible using the exact same software that ran in Windows 3.x
Lupa Will Soon Know of 3,100+ Active Gemini Capsules
And some people in the "Small Web" try to tell us that Gemini is dying?
The Slopfarms Are Taking Real News Articles and Replacing Them With Lies Generated by Machines
Bluntly speaking, Fagioli is nothing short of an online scammer
Links 19/07/2025: Techtarget to Cull 10% of Staff, New Threats to Free Press in the US (Home of Dangerous and Violent Stranglers From Microsoft)
Links for the day
Gemini Links 19/07/2025: "Climate Justice” and Forking Programs
Links for the day
What Wayland and Microsoft/IBM systemd Have in Common
focus on what IBM (Red Hat) is pushing while running over critics.
Linux Already Has About 60% of the "Market"
"When mentioning the client side," opines an associate, "it is essential to recite the list of other markets where Microsoft is negligible or a no-show. It is repetitive to do so, but it needs saying -- often."
In Norway, Android/Linux Has Just Hit All-Time High (First Time Since 2020), GNU/Linux Already Very Prevalent
Despite its small population size, Norway gave us Qt and many other things
Finland (and NATO) Must Move to GNU/Linux and Dump Microsoft Even Faster
"Microsoft is not a technology problem, it is a staffing problem."
Microsoft's Mass Layoffs Very Wide-Ranging, Media Focused on Gaming Though Microsoft Mass-Firing Lawyers and "AI" Staff (Contradicting Its Supposed "Investment" in "AI")
Microsoft plans to fire almost half a thousand people in legal roles
2012 Article About the Free Software Foundation Blasting Canonical/Ubuntu Over Adoption of "Secure" Boot (Microsoft's Remote Control Over GNU/Linux Since PCs' Power-on)
By Katherine Noyes (article has since then became 404, not found)
The Microsofters We Sued Helped Microsoft Make GNU/Linux 'Expire' This Year
"Linux and Secure Boot certificate expiration"
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025