Bonum Certa Men Certa

The 'Results' That Battistelli and His EPO Bunch Brag About Not Believed by Patent Lawyers and Patent Examiners

Lance Armstrong
Improved performance the Lance Armstrong way? EPO?



Summary: The European Patent Office claims growth, quality and so on, but people who are working close to the system or inside the system are not believing it

THE European Patent Office (EPO) forms an alternate version of reality. It lies to the world, it misleads journalists, it talks nonsense (like so-called 'results' [1, 2]) to the Council (which is already growingly suspicious of these 'results'), and it even lies to its own staff.



Meldrew, a patent lawyer who comments a lot in IP Kat, wrote a rebuttal to these 'results' a year ago. To quote portions of his rebuttal:

[...] application numbers reflect not only the innovation within Europe

[...]

As a final point it is worth noting that the term “patent filings” used in previous press releases is now thoroughly discredited as a useful measurement of anything. Combining European applications made and PCT applications made has little relevance to demand for European patents, as is indicated by the ever declining proportion of PCT applications that enter the European regional phase [a further indication that Europe has to come to grips with its place in the world].

[...]

In an effort to improve transparency the EPO will henceforth cease using the misleading “patent filings” metric and instead will quote numbers that mean something.


Speaking to some attorneys (other than Meldrew and Joeri Beetz who is cited above), it seems clear that a lot of them know that the EPO isn't frank about its so-called 'results', to say the least. "I don't believe them either," told us one of them. "Nor do any of the EPO examiners. It's Battistelli bullshit. The figures are basically more or less static."

To quote further:

What's worse than turd-polishing the productivity figures is the EPO's indifference to (or possibly lack of understanding of) the quality of the EPO's output. EPO search and examination reports still look good superficially, but the analysis in them is just getting shallower and shallower. As a patent attorney, you can't simply believe what the examiner writes any more - you have to check everything in detail, and it's surprising how often they are wrong these days. That's when the examiner bothers to give any analysis at all, of course - it's more and more common for them simply to state that something is just standard knowledge for the skilled person, without giving any evidence or reasoning. This is all good for patent attorneys, because it makes more work for us, but the effect for the client is that they either have to pay much higher total costs or accept narrower patent protection. Both of these options represent a large increase in business costs for the client - all for a marginal gain in EPO "productivity".

Another bugbear of mine is the indifference to the practical needs of applicants. Nearly all major patent organisations have now made efforts to embrace the possibilities of modern technology and commerce. They accept online payments, they accept communications by email, they issue automated email alerts if a deadline is imminent. If you call them, they put you through to a human being who can answer your question immediately and intelligently. The EPO has done nothing to address these issues. You still can't pay fees online, the EPO will not provide priority documents electronically, they don't do anything official by email, if you call them, someone will call you back in a day or two. Espacenet has been neglected, with virtually zero improvement for a decade, to the point where Google Advanced Patents is now a superior searching and reference tool. Battistelli has been so focused on internal matters and "productivity", with his bizarre nineteenth century vision of industrial relations, that the EPO is slipping further and further behind the competition. The EPO even closes down entirely between Christmas and New Year, unlike most other patent offices in the civilised world. That's not for the applicants' benefit - that's pure administrative cost saving, and to hell with public service. It's worth noting that the French patent office, INPI, also only started making significant advances in customer-friendly online services once Battistelli had stepped down as director general. The sooner he stops messing about with the EPO's internal organs and starts focusing on the needs of applicants, the better.


We heard similar stories from an inventor in the UK. Satisfaction with the EPO's services seems to be low, but the EPO cites its friends at IAM to claim otherwise. We have some articles about that on their way (shelved for now).

Recent Techrights' Posts

All-Time Lows for Windows in Spain and Portugal
data which became publicly available less than 24 hours ago in statCounter
 
All-Time Lows for Windows Down Under
seeing the demise of Windows in Australia (historically a slow or low adopter of GNU/Linux) is good news
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
IBM's Kyndryl Accounting Fraud Explained and More Recently the Insiders Talk About Mass Layoffs
Judging by how the media totally ignored 800+ layoffs at IBM's Confluent and 400+ layoffs at Red Hat a few weeks ago don't expect to hear anything about Kyndryl layoffs
Links 03/05/2026: Water Shortages Crises and Slop Fakes "Are Coming for Your Bank Account" (Slop-Enabled Fraud)
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XI - EPO 'Products' to Cement Asian and American Monopolies
Only a fool would believe Lame Duck Campinos
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026
Gemini Links 02/05/2026: Strange Psychosis and TUIs
Links for the day
Links 02/05/2026: Microsoft Has Begun Rebranding Vista 11 as 'XBox' (Because the Console is Dying), Slop Rejected by Oscars
Links for the day
IBM's CEO 10 Years Ago in IBM-Sponsored Forbes: "For those willing to embrace [blockchains], the future will indeed be bright."
How well did this prediction materialise?
SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026
Links 01/05/2026: Microsoft 'Headcount' Decreasing, Apple Quietly Killing Vision Pro
Links for the day
Oracle's Debt Grew by Over 50 Billion Dollars in 6 Months
Larry Ellison spent a lot of money buying a lot of the corporate media
In Praise of Debian
30 hours ago we began an upgrade
What Linus (Torvalds, the Linux Dude) Meant by "Show Me the Code"
"Show Me the Code" is a common cultural reference
Yes, GNU/Linux Can Run on Playstation 5, But Don't Buy It, Learn From Sony's Past of Rootkit and PS3 Betrayal
Millions of Playstation 3 owners will never forget what Sony did to them
XBox Will Not Last Much Longer, XBox Chief Admits Problems
Microsoft's latest "results"
Dealing With Demagogue in Free Software
Don't spread their ideology and never participate in any of their projects
What May 1 Means to Us (and to Many Others)
To me, May 1 means something
Microsoft Lunduke is 'Pulling a Garrett' by Turning Technical and Legal Debate Over Rust Into a 'Trans Debate'
Don't fall for the demagogue
Links 01/05/2026: Regulatory Trouble for Apple, Now Even Mozilla Pushes Back Against Google
Links for the day
Microsoft "Buyout" Offer is Less Than One Year's Salary
So our assumption about this was correct
The Corrupt Lecture the Non-Corrupt - Part X - European Patent Office Managers Have Crossed Red Lines, According to Themselves
The girlfriend of the President of the European Patent Office (EPO) is trying to muzzle EPO critics
Techrights is Still Growing, Attacking Techrights Does Not Weaken the Community
Bullying us for 2+ years does not result in fear, it results in us feeling more emboldened and motivated
SLAPP Censorship - Part 63 Out of 200: Graveley as a Stripped-Down Version of Garrett in the Particulars of Claim (5RB Barrister Could Do This in One Minute)
Lazily and sloppily, it looks like the barrister took Garrett's claims and tweaked them a little (shortened) for Graveley
Lots of People Leave IBM, Today IBM Has About 1,000 Workers Fewer Than Yesterday
Confluent "last day" for 800+ people
Been a Very Busy Week
Next week, as we have no upgrades to prepare for, we should be able to publish at the usual pace of 20+ pages per day
In New Letter Sent to Chair and Heads of Delegation of the Administrative Council of the European Patent Organisation the Staff Union Explains How to End European Patent Office Strikes
If Campinos continues to behave as he does right now, the Council can show him the door
Links 01/05/2026: Poems and Continuous Privacy Policy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 30, 2026
IRC logs for Thursday, April 30, 2026
Microsoft Debt Rose Almost $50 Billion Since We Moved to Debian
GAFAM has a new name for debt