Bonum Certa Men Certa

The EPO's Continued Push for Software Patents, Marginalisation of Appeals (Reassessment), and Deviation From the EPC

Quality control is just a theoretical concept in Battistelli's EPO, where the goose is being slaughtered for a golden egg

Summary: A roundup of new developments at the EPO, where things further exacerbate and patent quality continues its downward spiral

THE scandals at the EPO are an endless saga and a bottomless pit. Board 28 needs to act fast because the Administrative Council sure behaves like it does not care or like it's trying to save face for Battistelli.



"Patent scope (limitation) seems to be viewed as a nuisance at the upper echelon/top floors of the EPO's building in Munich.""According to the minutes of the last meeting of Board 28," one person wrote, "the president provided "new elements of information [...] on the disciplinary case of a Council appointee. Following an exchange of views, [the Board] indicated that it would reflect on the information, pending receipt of a legal note from the President."" the thing about the Board is, it previously said Battistelli's regime had caused an EPO "crisis". We are planning to revisit this subject pretty soon. Has the Board said anything about the decline in quality and loss of stakeholders' interest which is very apparent? Therein lies a crisis as big as the social crisis. The EPO cannot survive without a reputation. It won't attract applicants or even highly-qualified staff.

Watch this new tweet from the EPO, which links to the EPO's own site and says: "From today, you can register for the Indo-European conference on Industry 4.0 and patents" (Industry 4.0 is just a meaningless buzzword).

Not too shockingly, software patents (in Europe) have been interjected into it (the fourth time we see it this month alone!). To quote the page (emphasis ours): "The consequences for the patent system are potentially tremendous, and they challenge some of the fundamental concepts of the system, such as the definition of "industry" and "inventor". There will be a greater overlap and interplay between the types of rights, and as software pervades through all technologies a greater debate on the patentability of software."

Patent scope (limitation) seems to be viewed as a nuisance at the upper echelon/top floors of the EPO's building in Munich. These guys are nuts; they're neither scientists nor good managers. They're mostly old buddies of Battistelli, loyal to him and telling him mostly what he wants to hear. They attack everything which voices criticism as though it's an enemy, including the independent (in principle) boards of appeal.

“We understand from correspondence with the EPO that this change in practice has been made following investigations by the Legal Division resulting in an acknowledgement that the current procedures for recording an assignment are not consistent with Article 72 EPC.”
      --Lexology
"The EPO to bring opposition proceedings in standard cases down from 25,8 months to 15 months," Nordic Patent (Kongstad-connected) says, citing "Heli Philajamaa from EPO" (the EPO has just retweeted this).

Here is a simple translation for those who believe the lie that the appeals are still taken seriously (rather than gradually crushed): The EPO does not want oppositions. It wants to make them harder, more expensive, etc. It suppresses them. Heck, it does not even want patent quality anymore.

The EPO's "current procedures for recording an assignment are not consistent with Article 72 EPC," says this new report, but it's not as though the EPC ever bothered Battistelli. He ignores it at every turn and corner, as we noted earlier this year. The thugs at Eponia basically declared a state of emergency and are now just doing whatever they please, even when that's against national and international laws. Here is what contributors to Lexology said:

However, we have been made aware that, with immediate effect, the EPO will only record an assignment if it is signed by all parties to the agreement. An assignment signed by the assignor(s) only will be considered to be deficient. We understand from correspondence with the EPO that this change in practice has been made following investigations by the Legal Division resulting in an acknowledgement that the current procedures for recording an assignment are not consistent with Article 72 EPC.

This change in practice has not yet been publicly announced by the EPO. However we are aware from practical experience that the new practice is already in effect and have been informed that the Guidelines for Examination will be updated shortly. There is no indication that the EPO plans to revisit assignments already recorded under the previous practice.


At this stage it seems almost as though it's too late to save the EPO. It's too hard to save something whose top management does not want it to be saved (they just try to save their own career, not the Office, or simply save face).

Recent Techrights' Posts

Microsofters' SLAPP Censorship - Part 2 Out of 200: Detailed Timeline From 2012 (Attack on Reporters That Question Restricted Boot) to 2024 (Lawsuit Against Reporter and His Wife in Another Continent)
we reproduce a document produced 2 years ago to give people more context and more facts
 
"Silent Layoffs" or "Forever Layoffs" at IBM and Red Hat (After Bluewashing)
Like every day (all day long) we can see people who leave IBM and say something that's based on a 'script'
Free Software Foundation (FSF) and Others Promoting String of RMS Talks, Starting Tomorrow in Lucerne School of Computer Science and Information Technology
Well done, FSF!
Links 05/03/2026: A Bet Against Substack, American Government Openly Hostile Towards Environment
Links for the day
Gemini Links 05/03/2026: Greed and Sentiments Shifting Against Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 04, 2026
IRC logs for Wednesday, March 04, 2026
FSF Promoting Richard M. Stallman (RMS) Talk in Switzerland in Just Over a Day From Now
RMS may have more talks on the way
Why Slop Will Flop - Part IV - We've Seen the End of It
Some years ago they insisted blockchains would revolutionise everything
Android is Proprietary 'Linux' and It Becomes More Malicious Over Time, Google Only Delayed What It Planned All Along
Google is a proprietary software giant, GSoC is only a distraction and confusion
Links 04/03/2026: Scam Altman Causes Chatbot Sub Numbers to Plunge, "Stocks Drop as Inflation Risk Emerges"
Links for the day
Why Slop Will Flop - Part III - Our Relationship With Slop (and Yours)
I never - except inadvertently - "used" an LLM-based chatbot
Why Slop Will Flop - Part II - Devil in the Details
News sites or social control media sites which tolerate slop are digging their own grave
Simpler Means Faster
Do you know your bottlenecks?
Gemini Links 04/03/2026: About a Missing Symbol and "Good Manners"
Links for the day
The Register MS Takes Money From Chinese Surveillance Threat to Promote a Ponzi Scheme
"Sponsored by Huawei."
Nicaragua's GNU/Linux Usage Measured at Over 8% by statCounter
Nicaragua is a poor country, but it also has rich culture
Why Slop Will Flop - Part I - Slop Fatigue Prevalent
See, sooner or later people (audiences of colleagues) find out and as soon as they find out you are slopping, they will lose interest
Links 04/03/2026: "The EU moves to kill infinite scrolling" and a call to "Nationalize Amazon"
Links for the day
Coming Soon: Evidence of Abuse in Our IRC Network
IRC's freedom can sometimes be its 'weakness' if not properly guarded
High GNU/Linux Adoption in Brunei Darussalam
It's worth noting (or at least noticing) that Microsoft loses ground in some of the countries where the government contracts paid the most
Media Blackout Reducing or Preventing Press Coverage of Microsoft Layoffs in 2026
Worse yet, there will be gaslighting and deceit
GNU/Linux in Laptops/Desktops Still Matters, It's Likely the Only Way to Achieve Software Freedom
Software Freedom requires all sorts of things at the "OS level"
Gemini Links 04/03/2026: The Garnet Star, The Hunt, The SYN Attacks
Links for the day
The EPO's General Consultative Committee (GCC) Discussion Illuminates How Much Worse Things Have Gotten ("on Strike and Participated in the 'Meeting'")
a videoconference - not a physical meeting - discussed EPO policies
Free Software Foundation Supports Its Founder, Advertises His Talks in Switzerland
When you suppress voices, assuming the reasons for suppression are bunk, it is always bound to backfire very badly
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 03, 2026
IRC logs for Tuesday, March 03, 2026
Over 1,500 EPO Workers Went on Strike Last Week
a new publication which celebrates some accomplishments of industrial actions and calls for further actions
Madame Streisand Wanted to Censor The Web, Instead She 'Created' a New Term, "Streisand Effect"
It is basically an own goal
Solicitors Regulation Authority (SRA) Failed to Detect Fraud in Law Firms... Until It Was Too Late
Earlier today we contacted some more politicians about this and received mail from them as well
Our EPO and IBM Coverage Bears Fruit
In case insiders want to get in touch with us, please ensure or at least try doing so securely
Defending Women Isn't a Crime, Everybody Can Agree on That
Their culture is unlike ours
EPO "Cocaine Communication Manager" - Part VI - Influx of Spaniards and Portuguese Workers (+77%) at Europe's Second-Largest Institution, Led by the 'Alicante Mafia'
There is now data supporting this assertion, new and complete data in fact
Links 03/03/2026: "Scam Altman in Damage Control" and Oil Traffic Disrupted
Links for the day
Gemini Links 03/03/2026: Phones, LLMs, and Changes on the Web
Links for the day
Richard Stallman Confirms Talk in Bern Next Week
Dr. Stallman has just formally confirmed his third talk this month in Switzerland
Nobody is Safe at IBM (or Red Hat)
There is no job security at IBM
GNU/Linux at All-Time High in Guam
there are many computers in that island
Bad faith: Hugo Roy knew FSFE impersonating FSF before French tribunal, colleagues deceived
Reprinted with permission from Daniel Pocock
Microsofters' SLAPP Censorship - Part 1 Out of 200: Claim No. KB-2024-001270 in a Nutshell
abuse of process by a law firm working for an American who was arrested for strangling women and another American whose own spouse calls a "rapist"
When EPO Team Managers (TMs) Are Harassing People Who Strictly Apply the European Patent Convention (EPC) in Patent Examination
There are two strikes planned for this month
Confirmed: Using Slop Gets You Fired
Let the story of Benj Edwards be a cautionary tale
Links 03/03/2026: "No one wants to read your AI slop" and "chatbots in the kill chain"
Links for the day
EPO and "Equivalent to More Than 100 Days of Strike"
The industrial actions continue and already have a positive effect
Streisand Effect, the Microsoft Way
Microsoft has once again proven the Streisand Effect
Keeping Track of IBM Layoffs in March 2026
IBM depends on bribery
GNU/Linux Measured at 7% in Yemen
Windows is too hostile and dangerous
Links 03/03/2026: Security Breaches, Iceland Wants EU Membership, and "Wall Street–Backed Lawmakers Want to Help Banks Gouge You"
Links for the day
Queensland Health Payroll System: IBM billion-dollar-blowout inquiry
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 02, 2026
IRC logs for Monday, March 02, 2026
Gemini Links 03/03/2026: GrapheneOS and Keyboard Shortcuts
Links for the day