Bonum Certa Men Certa

The Battistelli Effect: “We Will be Gradually Forced to File Our Patent Applications Outside the EPO in the Interests of Our Clients”

All that political UPC lobbying from Battistelli and his cronies (like Margot Fröhlinger) merely served to discredit the EPO

EPO ship
Sailing nowhere, fast.



Summary: While the EPO dusts off old files and grants in haste without quality control (won't be sustainable for more than a couple more years) the applicants are moving away as trust in the EPO erodes rapidly and profoundly

THE EPO has done virtually nothing to repair its bad reputation. Paying over a millions Euros to fracking propagandists is hardly a sound plan and as long as union-busting activities carry on, staff of the EPO will perceive the management -- not SUEPO -- as their biggest enemy. What's more, stakeholders outside the EPO are paying attention and some take action, knowing that patent quality at the EPO is far from what it used to be. Insiders tell us so as well.



"Team Battistelli lied to the public (and to staff) about the UPC's inevitability and here in the UK we saw Team UPC (perhaps fraudulently) advertising UPC jobs that did not exist and would never exist."The EPO's top-level management put all its eggs in the UPC basket. Team Battistelli lied to the public (and to staff) about the UPC's inevitability and here in the UK we saw Team UPC (perhaps fraudulently) advertising UPC jobs that did not exist and would never exist. We complained about this at the time. How do they get away with this? They hate democracy so much (or disregard it so blatantly) that they quit caring about -- or they're not paying attention to -- the enormous damage caused to their reputation and integrity. What are European companies supposed to think of the UPC and the EPO right now?

"This purely academic exercise is all well and good," one person wrote in a thread stuffed with UPC hopefuls (Team UPC and the patent microcosm, especially in the UK), "but a complete waste of time and money. There will be no political will to make this work because Brexit means Brexit. Don't you get it yet? Forget it and move on...."

Indeed, but they have spent so much effort and time on UPC preparations, so they refuse to move on. Another commenter then added that "we will be gradually forced to file our patent applications outside the EPO in the interests of our clients," so we assume this commenter has moved on already. To quote in full:

The discussion about Brexit and UPC continues to be maddening as not based on the possible (to avoid repeating myself I refer to my previous comments http://ipkitten.blogspot.de/2016/09/does-david-davis-want-to-ratify-upc.html?showComment=1474556188098#c99464718469530613 Thursday, 22 September 2016 at 15:56:00 BST ) If financial leviathans in the City are struggling to persuade the UK government to protect their financial passports post Brexit to preserve a status quo in London from which the UK benefits to the tune of tens of billions each year, what on earth makes any realistic observer believe the minnow of the patent community could persuade the UK government to move against the Brexit tide by ratifying the UPC pre-Brexit? That would be true if the UPC was the best idea ever (which it isn’t), if there was a ground swell of support for it from UK industry and potential users (there isn’t), if it would encourage innovation in the UK or Europe (it won’t) or if the EPO was the most respected patent office in the world (it isn’t). Indeed, regretfully, I must be even more blunt, the EPO’s continuing flogging of this UPC dead horse is yet more evidence (amongst many examples well known to all) that current EPO management continue to act against the long term interests of the patent community and industry in Europe. The present EPO President has zero credibility as his administration undermines the EPO on multiple levels with increasing irrationality. Reduction in patent quality, horrendous abuse of staff, attacking the independence of BoAs are but three examples and it is to the utter shame of the Administrative Council that he has survived so long. Rather than focussing short term attention on the fate of the UPC, the most important and urgent action which would help improve the patent system in Europe is for the AC to remove Benoît Battistelli (and his team) from office without delay and bring back humane, credible and competent leadership to the EPO. Only then can a rational discussion of the challenges begin with all stakeholders, and users such as myself can have their confidence and faith in the EPO restored in a post Brexit world with or without the UPC. If not, reluctantly we will be gradually forced to file our patent applications outside the EPO in the interests of our clients and the EPO will begin a slow decline to irrelevance.


"That the EPO still pushes for UK ratification is hard to understand," wrote one person in response to the aforementioned comments about the EPO's resort to lobbying (we wrote about that yesterday). To quote:



I could not agree more with the blogger of 12.43 BST.

Ratifying now would be utterly counter-productive and only increase problems. Sorry Meldrew, but ratifying now has nothing to do with pragmatism, but sheer panic to be left out of a system which could have been so lucrative. Actually, I was expecting better from Meldrew.

That the EPO still pushes for UK ratification is hard to understand. I would say there are more urgent problems to be solved at the EPO than fighting for UK ratification. Seeing the way the AC does not do its job of controlling the EPO and its president, one wonders about a hidden agenda.

How can it be that training for search and training for examination used to be three years for each job, now it is three years for both. Have the newcomers suddenly become more intelligent? Please allow me to doubt. Quality is thus lowering for a long time, but the lowering can only accelerate.

The problem lies with the EPO and its management. I leave here purposely aside any discussion about the ill treatment of staff representatives, but concentrate only on the horrendous production figures which are now required. Here it is not only BB who is to blame, but much more VP1, who has always thought that examination, and hence the grant of solid patents, is of secondary importance.

What matters are production figures. Who gives a damn about the patent quality, production figures have to be according the plan. Basta as would a former German chancellor say. The erosion of quality is nothing new, but when one sees what is coming out one can only shudder.

What good could be a UPC when faced with patent of little or no value.

A court be it called UPC or not, cannot do a good job on shaky patents! Why is it then so necessary to quickly ratify?


In our next post we'll remark on patent quality again.

Recent Techrights' Posts

Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025