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

Pushers of systemd Rewrite History (Richard Stallman Said UNIX "Was Portable and Seemed Fairly Clean")
Unlike systemd
Trajectory of The Register: From News Site/s Into "B2B"... and Into Microsoft Salespeople
Something isn't right at The Register
 
The Week to Come
Planning ahead
LLM Slop Has Only Been a Boon for Misinformation Online
The very same companies that were supposed to maintain quality (again, not limited to Google with PageRank) are now actively participating in generating and spreading slop
When They Tell You It's Free, Does That Mean No Charges (If So, Who's Paying and Why)?
there's "no free lunch"
We're Going to Focus Less on the Molotov Cocktail-Throwing Microsofters and More on Patents
We can get back to focusing on what we wanted to focus on all along
Just Trying to Keep Web Sites Honest (Journalistic Integrity)
the latest articles in LinuxIac are real
Links 27/07/2025: Political Affairs, Data Breaches, Attacks on Freedom of the Press
Links for the day
Gemini Links 27/07/2025: Hot in Japan and Terminal Escape Codes
Links for the day
Links 27/07/2025: More Microsoft Layoffs Coming, Science and Hardware News
Links for the day
Links 27/07/2025: FSF Hackathon and "Hulk Hogan Was a Very Bad Man"
Links for the day
Gemini Links 27/07/2025: DAW Mixer Chains and Simple Software
Links for the day
The Register MS is Inventing or Giving Air Time to New Conspiracy Theories so as to Distort the Narrative As High-Profile Agencies Fall Prey to Microsoft Holes
But the problem is holes, i.e. Microsoft making bad products; the problem is Microsoft
Most Editors at The Register Are American, Including the Editor in Chief, a Decade-Long Microsoft Stenographer (Writing Prose to Sell Microsoft)
It's not easy to tell where the site is based (we tried) because it's hiding behind ClownFlare and CrimeFlare hasn't been well lately
"New Techrights" Soon Turns 2 (A Few Days Before the FSF Turns 40)
We have a lot more to say about LLM bots
When Silence Says So Much
Garrett, a 'secure' boot pusher, will need to defend himself in the UK High Court
The Register in Trouble
There is not much that can be done at this point
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 26, 2025
IRC logs for Saturday, July 26, 2025
Misinformation in Social Control Media
Social control media passes around all sorts of tropes
Slopwatch: Fake Linux 'Articles' and Slopfarms With "Linux" in Their Names/Domains
throwing bots at "Linux" to make some fake articles
Links 26/07/2025: Amazon Shutdown in China, Russian Economy Slows
Links for the day
Gemini Links 26/07/2025: History of Time (1988) and Gemini Games
Links for the day
Links 26/07/2025: 50 Percent Tariffs in Amazon, Dying Intel Offloads Network and Edge Group (NEX)
Links for the day
Doing My Share to Tackle Online Slop and SPAM
Trying my best to 'fix' the Web
Blaming Programming Languages for Users' and Developers' Bad Practices
That's like blaming cars for drivers who crash into things
Slopwatch: Fakes, FUD, Duplicates, and Charlatans Galore
The Web as we once know it is collapsing. Some opportunists try to replace it with low-quality slop.
The Register UK Seems to Have Become American and Management is Changing (Microsofter as Editor in Chief)
The Register 'UK' is now controlled by the Directions on Microsoft guy
Many People Still Read Techrights Because It Says the Truth, Produces Evidence, and Does Not Self-Censor
Unlike so many other sites
The Register is Desperate for Money, According to The Register
I decided to check how they're doing as a business
Microsoft Finally Finds a Use Case for Slop?
Create low-quality chaff to shift the media's attention?
Microsoft Windows Lost 400 Million Users in a Few Years, Why Does The Register Double Down on Windows With New US Editor?
days ago they hired a new US editor
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 25, 2025
IRC logs for Friday, July 25, 2025
For Libel Reform One Must First Bring (or Raise) Awareness to the Issues and Their Magnitude
I myself know, from personal experience
Links 26/07/2025: Rationed Meals in the US and TikTok Repels Investments (Too Toxic)
Links for the day
Gemini Links 26/07/2025: "Bloody Google" and New People in Geminispace
Links for the day
Response to Solderpunk (Father of Gemini Protocol) About the Gemini Community
Solderpunk responds to non-sequitur
HTML and the Web Used to be Something a Child Could Learn, "Modern" Web is a Puzzle of Frameworks, Bloat, and Worse
When the Web was more like Gemini Protocol
New US Editor in The Register is 84% Microsoft/Windows Booster
It'll be worrying if it carries on like this
Links 25/07/2025: Slop Blunders and China Has Code of Conduct for Lawmakers in HK
Links for the day
Gemini Links 25/07/2025: Some Books and Babies and Capital
Links for the day
Links 25/07/2025: NOAA Cuts Endanger Lives, "Europe's Self Inflicted Cloud Crisis"
Links for the day
They Try to Lecture Us on Ethics
They even removed "master" from Microsoft GitHub
The Future of the Web is One Rendering Engine or 'Flavours' of Chrome
The future of the Web does not look bright at all
Best Sites Are Not Optimised for Any Browser, They Work Equally Well With All of Them
Red Hat (IBM) is making rubbish sites
YouTube is a Spamfarm, Slopfarm, and Clickfarm (a Lot of Numbers There Are Fake)
Those who don't fake look unpopular and unimportant
We Don't Do JavaScript and Pages Are Small
Thankfully Gemini Protocol has nothing like JavaScript
'Tech' is Not Technology
Some people use terms like 'Old Tech'
IBM's Debt Rose by Almost 10 Billion Dollars in the Past 6 Months Alone
The "hey hi" circus is coming to an end
Yes, Master
Gaslighting by actual racists
Microsoft Bribes and Buys Politicians to Tell Europe What to Do About Free Software (Which It's Attacking)
Microsoft: we speak for the thing that we are attacking! Follow the money...
Making Backups Quickly and Reliably
Backups are imperative, more so in an age of uncertainty, unpredictable weather, and worsening standards (quality of products going down while prices go up)
Techrights Investigation: Estimating the Point in Time LinuxIac Turned Into LLM Slop (Part of the Time)
Bobby Borisov got lazy
10th Month, Ten Weeks From Now, at Ten AM
In Wentworth Institute of Technology in Boston
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 24, 2025
IRC logs for Thursday, July 24, 2025
A Nadella Memo Distracts From Microsoft's Cheapening Of the Workforce
Right now the "MSM" (mainstream media) is flooded/overwhelmed by garbage pieces that relay lies for Nadella
Vanishing Faces of GNU/Linux
Free software projects do not depend on any one person or company to still exist
Microsoft Says It Lost 400 Million Windows Users, Now It's Waiting for GNU/Linux to Stop Booting on 'Old' PCs
When it comes to Windows, Microsoft is fully aware of the issue and statements it made earlier this summer suggest it lost 400 million Windows users
Slopwatch: LinuxTechLab, linuxsecurity.com, LinuxIac, and More
Also: The Register's Microsoft agenda (new editor)
Gemini Links 25/07/2025: Gemtext Aware Titan Editor and Gemini Protocol Comeback
Links for the day