Bonum Certa Men Certa

EPO USA: Under Battistelli, the 'European' Patent Office Emulates All the Mistakes of the USPTO

Patent maximalism (rubberstamping), low examination quality, fiscal preference for large corporations and much more

EPO USA



Summary: Conservative Benoît Battistelli is trying to impose on the European Patent Office various truly misguided policies and he viciously attacks anyone or anything that stands in his way, including his formal overseers

MYSELF and others at Techrights worry deeply. We worry that Battistelli (of UMP, the French conservative party) will turn the Office into another large corporations-leaning USPTO and London (or some other European cities) into the next Eastern District of Texas, complete with venue shifting (dragging defendants to a distant and plaintiff-friendly court), high/unbearable litigation costs that favour settlement in spite of injustice (unless the defendant has deep pockets), massive scope of injunctions (beyond an entire continent), and of course software patents (among other low-quality patents). One reader told us yesterday, "have you heard of the latest load of rubbish from the EPO?" See the above screenshot. No comment is even necessary. How much Europe is there in the 'European' Patent Office when foreign companies are enjoying a fast lane?

"How much Europe is there in the 'European' Patent Office when foreign companies are enjoying a fast lane?"EPO workers are rightly afraid. Their job security (and their entire employer) has been compromised and is now at mortal risk (stakeholders know what's happening) because of Battistelli and his friends. Battistelli does not even seem to mind. He attacks sceptics, not just critics. He is like Munich's ErdoÄŸan. Stability is not the goal; implementing his self-serving vision is the goal. Megalomaniacs can never admit their mistakes and change course.

News sites have learned to distrust Battistelli. Yesterday, for example, Managing IP asked readers about the latest lies from Battistelli's PR department rather than publish an article about it, perhaps seeing it for what it really is (propaganda). Yesterday the EPO PR people were trying to spread the message, but we have not yet seen a single Web site (even IP sites) covering it. Journalists seem to have learned their lesson; Battistelli has zero credibility and zero approval rating among his staff.

"Journalists seem to have learned their lesson; Battistelli has zero credibility and zero approval rating among his staff."Looking at IP Kat yesterday, we saw nothing but affirmation that people now know better that there is a profound problem at the EPO. "In this context," one person wrote, "I am also reminded of persistent rumors that the EPO quality is down." Here is the comment in full:

I reread the discussion again and it seems indeed that the days of the board of appeal are counted. Unfortunately, that also means that the examiners quality will not be controlled any more. When I talk to examiners, their main concern is that the BOA would turn over one of their decisions. THAT is what prevents them from cutting corners. In this context, I am also reminded of persistent rumors that the EPO quality is down. And I also know that the Office is hiring less competent examiners, quite simply because the pay is not as attractive as it was. Munich is expensive, local firms are not finding the engineers they need and have raised their entry salaries accordingly while the EPO has lowered theirs.

I also read here that some patent attorneys are suggesting that the applicants use the national route, for increased legal certainty. How will that solve their problems when the competitor comes with an infrigement case based on an unclear, vague patent granted by the EPO and validated by the UPC, which will have force of law in all EU states?


Another person wrote that "at least in 2015, the EPO faced significant problems in recruiting." We keep hearing from numerous sources that the EPO is struggling with brain drain and accordingly it lowered the recruitment bar. New workers don't receive the same type of salaries and almost none of the benefits (not even job security). They are pressured to grant a lot of patents to justify their place at the EPO, which is exactly what happens at the USPTO (with notorious quality control in recent years). Here is the comment in full:

If you want to know the future of the EPO, take a peek at the official "social report": http://documents.epo.org/projects/babylon/eponet.nsf/0/CA803AEC70D6E89FC1257FF40042DAA4/$File/social_report_2015_en.pdf

Despite being nothing more than a dry and dusty collection of statistics, the report contains some interesting figures.

Some of these clearly demonstrate that, at least in 2015, the EPO faced significant problems in recruiting. For example, relative to the figures for 2014:

Numbers of advertised vacancies: up >25% Number of job applications received: down 12% Nationalities decreased presence: GB (-32), DE (-29), NL (-28), AT (-10), SE (-7), DK (-6), CH (-5), IE (-3), PT (-1), LU (-1) Nationalities increased presence: RO (+9), ES (+8), IT (+6), PL (+6), TR (+4), BG (+3), RS (+3), LT (+2), FI (+1), FR (+1), HR (+1), MK (+1) Permanent staff: down 1.3% Contract staff: up 13.45% New hires: down 30% Termination of employment: up 44% Increases in termination: retirement (+51%), resignation (+44%), invalidity (+36%)

The figures also show signs of increasingly aggressive management tactics, such as no strikes allowed in 2015 (vs. 22 days in 2014), 99% of all internal appeals rejected (vs. 88% in 2014). The trend at ILOAT, however, is going in the opposite direction (with allowed or partially allowed cases virtually doubling in percentage).

Given the shocking trends that it reveals (which appear to point to an organisation that is in crisis), I am somewhat surprised that this report was produced at all.

What do the AC have to say about this? Figures that speak for themselves surely cannot be brushed under the carpet so easily.


Responding to the above, one person wrote: "Of course they can - at the European Patent Office the money brought in by the increased productivity speaks louder than any figures."

"It is true that the office is experiencing difficulties at recruiting," another person noted:

It is true that the office is experiencing difficulties at recruiting. But that did not stop Minnoye to start a project to eliminate all examination stock backlog until end 2020. The project involves recruiting enough examiners to deal with the backlog (=hundreds) thereby creating "overcapacity". The project started this month, the first applicant were sent letters requiring them to state wether they were still interested in examination.

Minnoye will push this at all cost: stock must be zero within 4 years.


The EPO's "AC is a permanent fixture, and so will eventually have to deal with the mess that is currently being created," one person wrote. The comment in full:

Sure, but the increase in money will only be a short-term effect. Unlike BB, the AC is a permanent fixture, and so will eventually have to deal with the mess that is currently being created. From this perspective, I still find it somewhat puzzling that the AC is doing so little to stop BB dynamiting the foundations upon which the EPO (and its reputation) is built.


It won't be long before the general public, not just insiders at the EPO, recognise this crisis and demand change. It's not too late to save the EPO, especially if there is public acknowledgement of the errors and then an effort to fix the errors. The main problem, however, remains; attracting again the same experienced examiners (some of whom left or retired early) is impossible and revisiting all the erroneously-granted patents would be laborious and harm 'customer' confidence.

Battistelli has secured his place in history books for the same reason ErdoÄŸan has.

Recent Techrights' Posts

Digital Sanitation Good Practices
leave behind Microsoftism
10 Days Ago Richard Stallman Gave a Long Interview in French (linuxfr.org)
English translation
Science, Not Fast Food/Junk Food
The commercial exploitation of users won't stop until users exercise full control over their software or - more broadly - their computing (including data)
[Video] Dr. Richard Stallman at Technické Univerzitě v Liberci
New/via libre-liberec.cz
 
The Term "AI" is Not New and What Today's Media Calls "AI" Isn't Even AI
Only the hype was new... and totally artificial
Gemini Links 18/10/2025: "Planetary Rings", Steam, and PSU Replacement
Links for the day
Defeating LLM Abuse (State-of-the-Art Plagiarism) in the Area of Linux and GNU, Free Software, BSD, Security and So On
The aim is to get them to stop using LLMs to rip off other people's work
Links 18/10/2025: Russell Vought in Charge, US Government Leans to Russia Again
Links for the day
Credit Where It's Due: LinuxConfig.org Quit Doing LLM Slop, Back to Original and Real Articles
We waited for a while to say this, now it seems conclusive
Of Note: UbuntuPIT Aware of Critics of Slop, Adds Disclosure of Use of LLMs
We appreciate the honesty
Links 18/10/2025: Madagascar's President Flees and ICE Arrests Protest Comedian Robby Roadsteamer
Links for the day
Richard Stallman Near the European Patent Office (EPO) in 3 Days From Now
It'll be a good opportunity for patent examiners to listen, ask questions, and maybe greet him in person
From Scholar to Booster of Slop (and Even Slop in His Own Blog)
We're going to keep an eye on future posts of his
End of Vista 10 Also Good News for the BSDs
There are many news sites that recommend trying GNU/Linux this month
What's Wrong With Liking Parrots or Birds as Pets?
They'd demonise people for speaking about freedom, no matter what they say or do
The Free Software Foundation, Which Has Appointed a 43-Year-Old President, is Looking to Add Another Board Member (or Treasurer)
expect the FSF to add more people
Richard Stallman Confirms Next Week's Talk at Technical University of Munich, We Urge EPO Staff to Attend
That's probably late enough for EPO staff to attend after work
Gemini Links 18/10/2025: Notifications and Geminaut
Links for the day
Many Red Hat People Are Leaving, But It'll Be Framed Publicly as Leaving IBM
Similarly, IBM layoffs (or "RAs" as they're called) include Red Hat layoffs
Expect More Waves of Microsoft Layoffs This Month (at Least Two Rounds Confirmed Already)
From what we can gather, assuming the recent rumours about XBox are true, there will be at least 3 waves of Microsoft layoffs this month alone
Security Issues in Cisco and Jenkins Passed Off as "Linux" Problems
Fear, Uncertainty, Doubt (FUD) tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 17, 2025
IRC logs for Friday, October 17, 2025
Slopwatch: LinuxSecurity, Linux Journal (Slashdot Media), UbuntuPIT, and Google News (Noise)
egregious plagiarism
Links 17/10/2025: Better Answers Sought After Air Crashes, "China Fans Patriotic Sentiment as Trade War With U.S. Heats Up"
Links for the day
Security is Desirable, But Not When the Term Security is Misused to Imply Centralisation of "Trust" (Whose?)
'Security' is not an excuse for vendor lock-in
Links 17/10/2025: Fentanylware (CheeTok) Causing Problems, Japanese Government Blasts Slop
Links for the day
The Linux Foundation Seems to Have Turned Linux.com Not Only Into a Spamfarm But Also LLM Slopfarm
it's polluting the Web, even important domains like Linux.com, with spam and LLM slop
Links 17/10/2025: UK’s Largest Breach Penalty and Windows TCO Examples
Links for the day
Go Watch Video About Librephone, Get Microsoft Ads
Very ethical company...
Campaign of Defamation Against the People Who Built NixOS (and Are Now Pushed Out From Their Own Project)
We've already grown familiar with - and resistant to - such tactics
Links 17/10/2025: Nestlé Crisis, Canada Post Versus 'Gig Economy' [sic] and Vista 11 Breaks Itself
Links for the day
Tux Machines Has Helped Separate Opinions/Analysis From News
In September 2023 we decided to split things apart and not repeat links in both sites
Tux Machines Has Improved Navigation of GNU/Linux and BSD News
Some more 'wiring' work
What a World Would Look Like If Everyone Used Free Software Only
Freedom is what matters, not "Open".
The Media Helps Microsoft, Amazon and Others (GAFAM and Beyond) Lie About Mass Layoffs Amid Valuation Bubble
The media, instead of saying that there's an "AI bubble" crashing the economy might instead choose the narrative of "jobs replaced by AI"
Bad Tempered? You Might Have Just Given Away That You're Losing the Argument
Brett Wilson LLP is fully aware that it is being investigated
Richard Stallman (RMS) is a Target of Defamation Campaigns Because of His Views on Software (But Politics Are the Excuse for Defaming Him)
Here in this site we try to refrain from politics, except in Daily Links
End of Vista 10 and Rise of GNU/Linux as Client Side Operating System
It seems certain GNU/Linux will grow in popularity over time
Taking Stock of a Week's Worth of EPO Leaks
We remain committed to exposing EPO corruption as long as it keeps happening
Mathieu Parreaux claims FINMA knew since day one
Reprinted with permission from Daniel Pocock
Calumny, Libel, Joerg Jaspert & debian-private untouchable cyberbullies
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 16, 2025
IRC logs for Thursday, October 16, 2025
Techrights Turns 19 in 3 Weeks
coverage of suppressed topics and protecting all sources/whistleblowers
International E-Waste Day Same Day as End of Vista 10
message from Akira Urushibata
The EPO's Central Staff Committee Presents Evidence That Staff Compensation Lowered While the Office Increases Income by Illegally Granting Invalid Patents
These people become millionaires by doing illegal things
Second or Third Wave of Microsoft Mass Layoffs in October 2025, This Time Portugal
Those are just the ones we know about, there may be several more
'Help Net Security' (helpnetsecurity.com) May Have Become a Slopfarm as Well
Zeljka Zorz, Editor-in-Chief at Help Net Security, was reported to us
Gemini Links 17/10/2025: Rant About Network Solutions, Strange Anomaly on Lagrange
Links for the day
EPO Staff Representation Lacks Social Dialogue With Relevant Management, Controversial and Sometimes Illegal Policies Implemented Without Necessary Input
"In this open letter, the CSC requests that the President submits an agenda item in the next available General Consultative Committee (GCC) meeting on setting up regular meetings between the CSC and the higher management of DG1."
Links 16/10/2025: Political Leftovers and Gemini Protocol Links
Links for the day
Lies Need to be Corrected
the Court never invited us
Slopwatch: Guardian Digital (linuxsecurity.com), Slashdot, Google News, and More
Maybe one day, once the bubble pops completely, Google News will just outright delist all slopfarms
Lufthansa Modern Slavery, Joerg Jaspert (ganneff) & Debian NSB Softwareentwicklung charade
Reprinted with permission from Daniel Pocock
Links 16/10/2025: US Starting More Trade Wars With China, CIA War on Venezuela
Links for the day
SUSE Blog is Still LLM Slop, Marketing Manager at SUSE Cannot Write
Would you buy from a company or seek support from a company that cannot even write (or fakes writing)?
Pretend You're Not Dead: Microsoft Spent Almost Two Decades Rebranding Things as "Cloud, Then "AI", Now "XBox" and "Quantum"
"AI" bubble pops, Microsoft harping about "quantum" already
IBM Allegedly Found New Tricks for Silent Layoffs: LPI, Then MIS (Not PIP)
Remember that "Red Hat layoffs" won't be reported after the bluewashing
Links 16/10/2025: Red Lines and Feeding of Microsoft Trolls
Links for the day
MIT as a Propaganda Mill of GAFAM, Paid by GAFAM
"the news" today
Links 16/10/2025: Lies Euphemised as ‘Dueling Versions of Reality’ and Microsoft "Open" "Hey Hi" Resorts to Porn as No Business Model Was Found
Links for the day
The Local Staff Committee Munich (Representation of the EPO's Staff) Explains When Cluster of Pregnancies May Result in Reduced Pay
"...even one week of part-time working is sufficient to reduce the salary you perceive during the entirety of your maternity leave."
Another Black Eye for 'Secure Boot', Microsoft Media Tries to Blame "Linux"
It enables Microsoft to remotely control computers, even computers that don't run Windows and never had any Microsoft software installed
Slopwatch: UbuntuPIT, linuxsecurity.com, and Various Slopfarms in Google News Attacking "Linux"
A new survey of the Web said that the majority of the Web is now slop (that's being said in the news this week)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 15, 2025
IRC logs for Wednesday, October 15, 2025
Links 16/10/2025: Increased Use of Social Control Media Surveillance in US, French Rage Over Pensions
Links for the day