Bonum Certa Men Certa

EPO President Benoît Battistelli and Team UPC Are Still Lying, Don't Believe a Word They Say

Newspeak and half-truths would actually be an improvement for them

'Deceiver' poster
Deceiver at the Internet Movie Database



Summary: A rather bulky rebuttal to some of the latest misleading statements from EPO management and law firms that wish to expand/advance their own careers at the expense of the integrity of the European patent system

THE SITUATION at the EPO is pretty grim right now, but what's even worse is the UPC, which threatened to bring some of the worst elements of the USPTO into Europe and beyond.



"There are even very expensive events that are intended for shameless self-promotion by Battistelli."EPO workers must have noticed that after the summer the EPO has barely said or announced anything. The managers seem to be trying to keep a low profile (as allegedly advised by their PR 'experts') and the only time they speak out is at staged events where there's no opportunity for dissent (if there is dissent, the EPO will delete it from articles even after publication). There are even very expensive events that are intended for shameless self-promotion by Battistelli. The EPO plans a similar event for next year and is publicly asking all those whom it can message to play along. It even gets pushy and sends unsolicited promotion. Check out some of the latest EPO 'spam' to European universities (latest examples are in [1, 2, 3]). It's pathetic if not painful to watch. As we noted here before, the EPO under Battistelli wastes a fortune essentially buying off the media for positive puff pieces in several countries [1, 2]. This is not sustainable. There are also staged pro-UPC events, supported by the EPO and funded by its PR 'experts'.

"There are also staged pro-UPC events, supported by the EPO and funded by its PR 'experts'."Not much is being said these days about the social climate at the EPO, but there's propaganda in the making and we are prepared to respond to it (the Social Conference is scheduled for next month). Instead, right now the topic on everyone's lips is the slip in patent quality and sometimes the slip of the UPC.

"The EPO likes to give the impression that it's possible to achieve certainty for the applicant," one person wrote a few days ago. Well, certainty that one can get a patent is not certainty that the patent is a valid one and that the courts will respect that patent. Watch how many patents granted by the USPTO are now dropping like flies at the courts (potentially destroying the applicant). The full comment said: "The EPO likes to give the impression that it's possible to achieve certainty for the applicant and for the public by carrying out a high quality examination. This is bottucks. EPO search and examination is trivial compared with the effort expended when there is an imminent risk of winning/losing a lot of money. It's a useful first approximation - nothing more." In response to this one person wrote:

It is true that a high productivity or production does not necessarily lead to a lower quality. If people know what to do and how to do it, it is possible. However the prerequisite is that people have been correctly trained.

I have strong doubts that this is the case at the EPO in view of the tremendous production pressure put on newcomers. How can it be that after three years a newcomer is fully proficient in search and in examination? In the past, when search and examination were separate, the three year goal was for each function, now only for the mixed one.

Anyone believing that the EPO searches all dependent claims is believing in father Christmas, not to say more, and Mr Spigarelli should know better.

If an examiner finds an X document, if he finds one, then he stops the search. If he wants to have a good production and achieve a quick grant, he will find nothing but a pseudo X or a lot of A documents. Examiners are not all to be blamed, they do what they are told, and anyone resisting this will be mowed down.

Look at case law of the boards of appeal. It happens that the Board has to quote new prior art when deciding on appeal following refusal of an application. If the search is so wonderful, why would the boards be led to bring in new prior art? Whether it is correct to do so is an other point, but this is what is happening.

It is certain that if the claims are correctly drafted a search is easier to carry out. Simply trying to push the blame towards applicants is a bit too easy. The responsibility is shared in the present situation.

Simply churning out searches and grants is not necessarily a sign of quality. The objectives according to the plan are achieved, if not overthrown. Remember what happened to "planned" economies. But the top management of the EPO can feel happy. They are managers.... but certainly not leaders. But this is another story.


Several days ago we wrote about Battistelli's patent quality brag (comparing the EPO to arguably the worst patent office in the West when it comes to patent quality). Since then -- as we are watching this closely -- the brag has reached some Australian Web sites with a modified headline [1, 2]. This headline is a lie unless EPO and Battistelli are the same thing (we explained why it's not, noting that staff -- quite broadly -- loathes Battistelli and disagrees with him). These news sites are rewriting the headline from Andrew Chung (or his editor at Reuters) like some other people did before them, so "Europe patent boss" is becoming just "EPO". Not good...

One can be left with the illusion that the only takeaway is that EPO quality is absolutely fine and great when real figures/facts are somewhat alarming.

"One can be left with the illusion that the only takeaway is that EPO quality is absolutely fine and great when real figures/facts are somewhat alarming."Responding to this latest nonsense from Battistelli, Benjamin Henrion (FFII) wrote: "Maybe he could comment on the progress bar patent?"

"Battistelli says EPO issues better patents than USPTO," he added, but "always remember patent examiners can't read binaries" (he added some informative image about the progress bar patent).

As we noted here a long time ago, Battistelli is pretty clueless about patents. It's not his area at all and he's not a scientist, either. He surrounds himself only by people who tell him what he wants to hear and reprimands the rest. EPO is quite a Pariah when it comes to patent quality, it ignores European law regarding patent scope, and it definitely breaks many laws in order to punish staff that speaks about it. Right now, says Henrion, the "EPO explains you with sounds on how they grant software patents https://e-courses.epo.org/wbts/cii/index.html"

That's how bad it has become. The EPO is making enemies by promoting software patents and FFII might return to activism or take more actions if this carries on. Henrion told them (directly), "you really want a fight isn't it?"

They are basically pushing for software patents while at the same time advocating/promoting the UPC, which in itself would be supportive of software patents.

"They are basically pushing for software patents while at the same time advocating/promoting the UPC, which in itself would be supportive of software patents."Regarding Battisteli's UPC lobbying and the latest lies from the EPO, backlash is apparent online (there are several opponents of the UPC there). The only exception to this backlash is Team UPC, i.e. the patent law firms that stand to benefit from the UPC. Here it is pushing for ratification in the UK because democracy, to these people at least, does not matter. The lawyers want more money. This post says that "while the UK continues not to ratify the UPC Agreement, the system, at least in its current form, cannot come into force. If the EU and the participating member states fail to reach an agreement enabling (or at least attempting to enable) continued UK involvement, there will be no upheaval in the UK patent litigation system upon Brexit, and no UPC operating elsewhere in Europe. This would appear to strengthen the UK's negotiating position in Article 50 negotiations, compared with the scenario in which it had already ratified the UPC Agreement."

"The opinion is worth a read, if you can stomach the legalese," one person told us, but it seems to be so heavily biased in favour of the UPC, as one can expect from legal firms. They're not independent or objective observers.

Here is EIP becoming so delusional that it wants us to assume the UPC can happen in the first place (without the UK), in order for the UK to join it later. Watch their optimism in Twitter: "UK #IP organisations obtain legal opinion on #UK participation in #UPC post #brexit, UK can still take part"

"We never saw any criticism of the UPC from these folks."Team UPC's echo chamber (basically a bunch of Battistelli-controlled mouthpieces and UPC proponents patting each other on the back/shoulder) can also be seen at Managing IP, which set up events in which to promote the UPC last week (or almost a fortnight ago) [1, 2, 3, 4].

One thing that we mentioned the other day was Italy's step towards something that can never happen in the first place. Now we have Team UPC, the antidemocratic group of lawyers (and Bristows in this case), pushing for a dead (Trojan) horse to enter the gates of Italy. Have they no sense of shame? Have they now given up yet?

"UPC would put Italian SMEs at a disadvantage because of the choice of official language," Henrion told them and the facts are on his side. The UPC would also put Italian SMEs at risk of more lawsuits and SMEs rightly complain about this. Henrion said that "maybe FFII should commission a legal opinion on whether UPC can bring us software patents and trolls."

"They are trying to convince the already-convinced (who are paid for it) that the UPC is great and then pressure British politicians while conveniently misleading, tricking and misrepresenting their views."Speaking of Bristows, their employees are still pushing for the UPC (which is effectively dead) in public events. One of them has just spoken of Milan and said she "feels incredibly at home in Italy, which is apropos given her heritage. So when she finally landed in Milan this morning for this year's AIPPI Congress her cares melted away. That is until she saw her agenda....This year's AIPPI Congress is jammed packed with incredible events, from panel sessions dealing with everything from contributory patent infringement to IP and food, to lunch time sessions focusing on expert evidence and study questions on copyright and linking, IP securities and added matter. The final day will be devoted to a very political topic - the fate of the UPC post-Brexit followed by a biosimilars preliminary injunction mock trial in the UPC. The AmeriKat [from Bristows] and a team of incredible friends and contributors, including her colleague Vanessa Rieu (Bristows), will be reporting from the events on the IPKat over the coming days."

By "reporting" she probably means advocating, as usual. We never saw any criticism of the UPC from these folks.

In response, says one patent attorney: "Interesting UK counsel opinion here. No legal bar to UK participation in UPC - only political issues."

Not true. He links to a PDF from EIF's Web site [PDF], but again, this is a case of an Team UPC echo chamber, nothing else. They are trying to convince the already-convinced (who are paid for it) that the UPC is great and then pressure British politicians while conveniently misleading, tricking and misrepresenting their views.

Recent Techrights' Posts

The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
 
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day