Bonum Certa Men Certa

Latest EPO 'Results' Should be Grounds for Immediate Dismissal of Battistelli Rather Than Celebrations

By Associate Professor in intellectual property law at London School of Economics:

https://twitter.com/SivaThambisetty/status/839066112281219073

https://twitter.com/SivaThambisetty/status/839066433942347777

https://twitter.com/SivaThambisetty/status/839070806441406465

https://twitter.com/SivaThambisetty/status/839072326339739648

https://twitter.com/SivaThambisetty/status/839073929893449730

Translation/projection: Prepare for massive, unprecedented EPO layoffs, probably amid what looks like a transition to a much-dreaded registration office (no quality control)

Summary: The quality of European patents, or EPs, should be the elephant in the room next week, but will delegates dare bring up the subject and recognise the irreversible ruin caused by Battistelli, who flushed down pending applications by cursory decisions?

WE have already published numerous articles about the EPO's so-called 'results' [1, 2], which measure 'success' using Battistelli's yardstick that got 'hacked' (it was originally a well-intentioned yardstick, but Battistelli decided to just simply game it). Are European patents (EPs) becoming just (E)arly (certainty) (P)atents, i.e. something granted in a rush under pressure from above?

Low quality of patents leads to a lot of spurious, frivolous litigation. Anyone who has paid attention to the legacy of pre-reform (e.g. AIA) USPTO would know that. Yet this week, so far at least, all we see are puff pieces like "Italy has EU’s second-largest increase in patent requests" (not a word about quality) or this by Kelcee Griffis from Law 360. The latter says that the "European Patent Office both received more patent applications and granted more patents in 2016 than it did in the previous year, according to data released Tuesday, setting a new all-time high."

"Low quality of patents leads to a lot of spurious, frivolous litigation."Actually, this is not true. It wouldn't be the first time the EPO fudges numbers, as we demonstrated repeatedly last year (other people too had spoken about it, including insiders who generally know the raw figures).

Earlier today the EPO wrote: "#Transport registered the 2nd strongest growth in 2016 in terms of patent applications. http://buzz.mw/b1wo0_l cc @Bulc_EU pic.twitter.com/NgaBB1aDE7"

"It wouldn't be the first time the EPO fudges numbers, as we demonstrated repeatedly last year (other people too had spoken about it, including insiders who generally know the raw figures)."Maybe instead of "growth" they could say weakness -- a weakness or weakening of rigorous examination. Earlier today we also discovered that EPO puff pieces had reached as far as English language Chinese media, e.g. [1, 2]. There are press releases from big companies, including tobacco companies like Philip Morris (we are not kidding!). Siemens just seems to think that it's a popularity contest.

Benjamin Henrion told the EPO "thanks for your software patents, they account for a big part."

This is true based on what insiders have told us. The EPO still flagrantly violates terms of the EPC and grants software patents in willful defiance of well-understood directives. And what for? Artificial gains?

"The EPO still flagrantly violates terms of the EPC and grants software patents in willful defiance of well-understood directives."The EPO is either paying Watchtroll, a loud proponent of software patents, for press releases, or maybe Watchtroll just voluntary reposts press releases of the EPO for personal gain. We are not quite so sure yet, but either way, we are stunned at the lack of actual investigative journalism, taking into account input from professionals such as the above Associate Professor. Is every writer out there so lazy and so eager to just copy and paste EPO statements rather than examine the underlying evidence?

Today, being International Women's Day, the EPO rode the wave (as it did on cancer, in spite of its terrible record on it). In spite of the EPO having a notorious lack of diversity, including the fact that the proportion of female workers at EPO is far lower than the average, it wrote this: "Happy International Women's Day! Have a look at these brilliant women inventors & their life-changing work http://buzz.mw/b1wr7_l #IWD2017 pic.twitter.com/6UGDFcSOnU"

"The danger to Battistelli is, if appeals are affordable (access to justice), then the erosion of patent quality would quickly become measurable, abundantly evident, and simply undeniable."Pure marketing and a two-faced attitude. At the same time (also today) the EPO had the audacity to pretend that it cares about appeals, even though it does everything it can to discourage appeals (understaffing, higher costs, shortening of appeal window, distance from airport/Office etc.). The EPO wrote: "What is the best approach to take when objecting to a pending application or granted patent?"

"There is no approach anymore," I told them, as "Battistelli is killing the appeal boards..."

The danger to Battistelli is, if appeals are affordable (access to justice), then the erosion of patent quality would quickly become measurable, abundantly evident, and simply undeniable. Battistelli just wants a bunch of obedient assembly line workers, just like in INPI. He wants filers, not examiners, or so it would seem based on leaks...

People at IP Kat have begun discussing how to get rid of Battistelli. The basis upon which Battistelli can be fired in 7 days or less, this person believes, is the EPO Service Regulations:

How about Article 53 of the EPO Service Regulations ?

Article 53 Dismissal for other reasons (1) The appointing authority may decide to terminate the service of a permanent employee if: ... (c) in the case of an employee appointed by the Administrative Council in accordance with Article 11, paragraphs 1 and 2, of the Convention, the Administrative Council so decides in the interests of the Organisation.

A bit of a no-brainer really I would have thought.


If Battistelli is buying votes (as widely alleged), then Battistelli won't be fired except by outside intervention (which can potentially induce resignation). As another person put it, replying to the provocative comment above:

Read the small print, But read the even smaller print about how they make such a decision.i think a simple majority isn't enough (and you can be sure BB will not fall on his sword from a vote of no confidence.


The "EPO represents 73 per cent of the total number of pending ILO cases," Henrion wrote, quoting The Register. Is that not enough to show the Council that the EPO is a disaster now (as Board 28 already admitted)?

The next comment says:

Replying to "Read the Small Print" immediately above, you refer to sub-Article 1 of Art 11 of the EPC, reminding us that the Administrative Council "may" decide to dispense with the services of any person appointed under Art 11(1) if that would be "in the interests" of the Organisation.

But Art 11(1) is exclusively concerned with the office of President of the EPO.

As you say, by now it is, for an AC that is mindful of its international responsibilities, using everyday undiplomatic parlance, a No Brainer.


Then the nature of a vote was brought up:

You may need to put your reading glasses on.

Article 35(2) EPC states that a three-quarters majority is required for a decision under Article 11(1) EPC - that is a decision to appoint a President. http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar35.html

A decision to dismiss a President is a decision taken by the Administrative Council in exercise of its disciplinary authority under Article 11(4) EPC.

UNDER THE TERMS OF ARTICLE 35 EPC FOR SUCH A DECISION A SIMPLE MAJORITY WILL SUFFICE.

The only open question is: who would dare to put such a motion on the Agenda?


This next reply noted that "Article 35 EPC limits the requirement for a 3/4 majority to the appointment of a President under Article 11 paragraph 1 of the EPC. The exercise of disciplinary authority under Article 11 paragraph 4 only requires a simple majority."

A "majority" when small (easy to 'bribe') nations are unweighted according to their size? In which case it's not a majority of people but a majority of mere delegates (or flags)? Battistelli knows how to deal with such circumstances. He controls a lot of EPO budget and can distribute it to control outcomes.

Then, linking to Techrights, one person wrote about the so-called results:



Like a hamster in its wheel said

"Quality is overrated guys see: http://techrights.org/2017/03/07/destroying-the-reputation-of-epo/ "

only + 40% output in one year. I would have expected more


If Battistelli was not to be judged based on his sheer abuses but only based on performance, would that qualify as a good outcome? It mustn't. It's just insane! It's like selling one's children for a profit. Such artificial 'gains' are temporary and damaging, by the very nature they are attained. Insiders know this and they agree with our assessment on this, but will anyone among the delegates be courageous enough to stand up and point it out next week? Or will they all just worship the invisible dress that covers Battistell's naked body? Would it be a pain in the butt-istelli to speak truth to Battistell? Possibly.

Comments

Recent Techrights' Posts

Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
 
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
Falkland Islands: GNU/Linux Elevated to 6%
GNU/Linux usage seems to have increased a lot there
Links 16/08/2026: Reading Outside, Going Offline More, and Art of Computer Programming
Links for the day
The Question of Patience
Is there a lesson here somewhere?
IBM May be Sued for Mass Layoffs Via PIPs
Some whole threads (with all the long comments in them) recently got nuked by thelayoff.com
Links 16/08/2026: Ceuta Reports Social Control Media Used as a Weapon
Links for the day
Links 16/08/2026: Europe in Crisis of Droughts While Energy- and Water-Consuming, Pollution-Emitting Chatbots Are Spread by GAFAM (US) to Keep a Ponzi Scheme Going
Links for the day
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day