Bonum Certa Men Certa

Patent Quality in Europe (EPO) Declining Under Battistelli in Spite of the USPTO's Cautionary Tale

Defeating the whole point or purpose of a patent (examination) system

Battistellius



Summary: A glance at some of the latest news and developments at the European Patent Office and what the US system serves to teach about the long-term effects

THE world's patent systems have become a primary point of focus here. It's not at all limited to the EPO and it never was.



SUEPO has not updated its public Web site in nearly a month (which is rather rare an infrequency), since around the time it had a hearing at The Hague. in Twitter, the EPO's PR folks promote the EPO's event in the US, next year's lobbying event, and various courses, empty forums, etc. Basically nothing new. The media too is mostly silent and we are still working our way through ILO rulings, having recently explained how actions by Team Battistelli undermined the European Patent Convention (EPC). There are dozens of rulings to go through, so this may take some time (these cases are years old anyway, with only the outcomes/rulings being new).

"Will appeals even exist at the EPO under or after Battistelli?"After years of UPC promotion the editor of IAM, the EPO's mouthpiece, says that there is growing interest in Brexit's impact. The UPC is a colossal threat to patent quality and a potential open door to patent trolls from abroad.

Quality control at the EPO is dying (Battistelli ended it using his utterly misguided policies) and judging by this new announcement [1, 2], it seems improbable that improper patent grants will be revoked fast enough or easily enough. Will appeals even exist at the EPO under or after Battistelli? The appeal boards are understaffed, they will soon be overpriced, and appeal windows will be narrowed (shortened time for appeals). It is already happening (effective a month ago, possibly to exacerbate in the near future).

Chloe Grover, writing in a sponsored "REPORT" (i.e. marketing) from a British law firm, Carpmaels & Ransford LLP, speaks about "designations of European patents where validity is also challenged". Nowadays, as we pointed out before, it is harder to challenge validity because Battistelli does not wish for the weakness of examination to become apparent.

"The appeal boards are understaffed, they will soon be overpriced, and appeal windows will be narrowed (shortened time for appeals)."Europe is in growing need of a fix. There is a growing danger that low-quality patents will make it through to the point of attracting patent trolls (manifestation or fermentation of them). In the USPTO, as a cautionary tale, patent mazes/thickets and uncertainties accomplished what they’re supposedly there for: protectionism without studying the broader impact (facts-based cost analysis). But they also created a growing niche for patent trolls, to the point where nearly 90% of lawsuits there (in the technology sector) are filed by patent trolls, almost always with software patents. This means little of no progress in high-tech industry, as noted by Professor James Bessen the other day. One person says that it's "because poor legalities like Patent Trolling [that can] destroy start up businesses" (this person is adamantly against software patents).

Even a new article by Professor Dennis Crouch complains about the USPTO this week. People are clearly not happy with the way things are run over there (the US) and Battistelli is rapidly emulating or copying all the mistakes made there. He brings neoliberalism to Europe, or patent liberalism in the quality sense (if in doubt, or under pressure of time/quota, grant liberally).

Recent Techrights' Posts

Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
 
10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to
LLM Slop Not Dead Yet, Examples of Slop About "Linux"
We wish to see the totals down to zero
Links 20/01/2026: Cheeto Blackmails France Into 'Peace' While Looking to Annex EU, Mass Layoffs in Capgemini (Microsoft Reseller/Promoter) in France
Links for the day
Gemini Links 20/01/2026: Boxing and "Inbox Zero" Success
Links for the day
Windows and Slop Declining While Microsoft Silences Critics
Microsoft tries to suppress facts while faking 'demand' by imposing slop on everybody, everywhere
openai.com Traffic Said to Have Fallen 50% in the Past Three Months, Reports Say It Nearly Ran Out of Money to Borrow
After the slop frenzy all we'll have left is environmental destruction
IBM Kills OzLabs, Signalling An Attack on Free Software (a Sign for Red Hat)
ibiblio also appears to have died (or experiences critical issues)
Red Hat Vice President Leaving After Nearly Two Decades
IBM's culture of secrecy is not compatible with Free software
Links 20/01/2026: "ChatGPT Health" (Latest Distraction From Being Insolvent) Flops and Raises Concerns, "The U.S. Military Faces a Reckoning on Greenland"
Links for the day
Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026