Bonum Certa Men Certa

Countries With a Dozen European Patents Are an Easy Photo-Op 'Sell' for Battistelli While the EPO's Demise is Largely Ignored by the Patent Microcosm

Pretending all is fine and dandy won't make it so

Trump's Truck Photo Op Becomes Popular Meme
Reference: Trump's Truck Photo Op Becomes Popular Meme



Summary: Behind the façade of legitimacy, the EPO suffers from an incompetent, insecure and delusional boss, whose actions will almost certainly lead to the collapse of both the Office and the entire Organisation (whose founding document he routinely shreds to pieces)

THE EPO scandals refuse to end. It's almost as though Battistelli wants to lose leadership to the USPTO not just in terms of quality of patents but also quality of staff (people are walking away and the EPO is visibly desperate for applications).



"All photo-ops can backfire one day, especially if they are suggestive of a bond between individuals (public officials typically)."The other day we saw the latest Battistelli photo-op (warning: epo.org link). As usual, nobody important was in that photo-op. Respectable individuals want nothing to do with Battistelli. It's likely to turn out to be as much as a 'trophy' as an old photo-op with Jimmy Savile. All photo-ops can backfire one day, especially if they are suggestive of a bond between individuals (public officials typically).

Battistelli is visiting or appealing to south America again; we saw this coming and wrote about it some days ago. Somebody told us about the Argentina visit. We decided to check how many EPs Argentina has. Well, that's 13 patents last year (page through to granularity level/page 6 and be warned that it's another epo.org link). Cuba and Monaco (the other two 'darlings' of Battistelli) are adjacent to Argentina with 12 patents each. That's utterly minuscule compared to the United States with 21,939, Germany with 18,728 and Japan with 15,395.

"The EPO's mania (or maniac) puts the EPO at existential risk."What is the purpose of these visits? Why need they always throw in Battistelli's photo-ops? Like a king building his personal portfolio/legacy, he has taken over the entire Web site. epo.org now looks like the site of some Sultanate, with Battistelli's face and quotes showing up everywhere. We are not joking. It's like he never intends to leave the EPO and it's almost as though he views himself as "benevolent dictator for life". Is this man insane? Donald Trump has done something similar and the press berates him for it.

One reader recently told us, "we are all aware that a big amount of transparency would quickly sanitize the EPO."

Well, that's because the EPO has plenty of closets full of skeletons; they are brought out belatedly, ushering in accountability.

"It is meanwhile all too obvious/easy to see that Battistelli is not interested in quality."The EPO's mania (or maniac) puts the EPO at existential risk. This, in turn, puts many European businesses at risk. Someone recently published "Putting the Pedal to the Metal at the EPO", cross-posting an article we remarked on several days ago. It's clear that Battistelli's plan is to kill the goose for all its eggs, even if that death means that no more eggs will ever come out. Examiners may become redundant as early as next year. What happens then? There are scary speculations about that...

It is meanwhile all too obvious/easy to see that Battistelli is not interested in quality. To him, quality is just a barrier or a nuisance. The Boards of Appeal (all the boards in fact) have been thoroughly destroyed by Battistelli, but a new piece from Marks & Clerk ignores this reality by looking back at this older case:

The Board of Appeal concluded that “all due care” had not been exercised by the applicant, for two reasons. Firstly, the applicant’s system for docketing filing information did not cross-check to confirm that data had been entered into the system. An independent and effective docketing system requires a cross-check that new information is input into the system, in addition to a check that the information input into the system is correct. Secondly, the applicant had ignored the email from its European attorney notifying it that the application would be withdrawn if the renewal fee (plus a surcharge) was not paid by a specified date.


European attorneys are not cheap and a couple of days ago the EPO suggested hiring them, perhaps knowing that applicants are discriminated against without them (we covered examples of that in the past, supported by leaked communications). "Seek a patent attorney's advice," the EPO wrote, having made things complicated enough for everyone (that they need to hire outside help at rates of about $300/hour).

If the resultant patent (EP) is not even legitimate -- for it resulted from shoddy/hurried assessment -- what would it be worth? It would be worse than useless.

There is another new article from Marks & Clerk (these two were published a few hours apart) and it conveniently ignores the fact that the European Patent Convention (EPC) too has long been disregarded by crazy Battistelli; he's a serial violator, a repeat offender, yet nobody at the Council seems to mind.

Here is what Marks & Clerk wrote:

A recent decision by the EPO’s Boards of Appeal, T 1846/11, concerns an appeal filed by Rigaku Corporation (appellant) against the decision of the examining division, refusing European patent application no. 04012578.3.

This decision deals with the importance of ensuring that correct authorisations are obtained for legal practitioners to act on behalf of an applicant in EPO proceedings.

The European Patent Convention (EPC) draws a clear distinction between professional representatives (ie qualified European Patent Attorneys) and legal practitioners (qualified practitioners in a contracting state who are entitled to act in patent matters and having his place of business in that state). Examples of legal practitioners include Rechtsanwalt in Germany and solicitors and barristers in the UK. Under the EPC, legal practitioners may represent an applicant in proceedings before the EPO in the same way as professional representatives as long as the relevant authorisation is obtained from the applicant and submitted at the EPO.


Can one seriously expect the EPC to be taken seriously when the President himself shreds it? Is the EPO still a lawful institution? When judges who are independent are subjected to illegal actions by Battistelli? And mock 'trials'? Even defamation?

"Can one seriously expect the EPC to be taken seriously when the President himself shreds it? Is the EPO still a lawful institution?"Suffice to say, the EPO’s Boards of Appeal represent just one Battistelli scandal among so many. IP Kat used to cover the subject, but it does not anymore. Now it actively helps Battistelli and yesterday it yielded this new post from Katfriend Heiko Sendrowski (BASF). Isn't it great? Corporate patent attorneys now write the 'news'. "The Board of Appeal," he wrote, "emphasized that each document must be interpreted by respecting the context of each part thereof to determine its true meaning. The claims of the prior art document according to the Board chiefly serve to define the subject matter for which protection is sought. The skilled person thus understands that claims may artificially combine (and omit) features of an invention to maximize scope of protection such that claims may not "truly correspond to the technical teaching of the document" (see sec. 3.8). In the present case, all examples required a further technical feature ("user intervention"). The skilled person would thus understand that the claims of D2 do not unambiguously disclose an embodiment without the additional feature (see sec. 3.9). The appeal was therefore allowed given that the subject matter of claim 1 involved an inventive step."

So much about pertinent details regarding the Boards of Appeal yet nothing in months about EPO scandals. So much for "popular source of material, comment and amusement for IP owners, practitioners, judges, students and administrators [which] does not carry paid advertising and does not subscribe to any online advertising services" (the authors just advertise their own interests/employers).

Recent Techrights' Posts

The Brand 'Watsonx' is a Terrible Name for IBM 'Hey Hi' (Chatbots) Because Watson Agreed With Adolf Hitler
Almost a century has passed and IBM still believes that selling "intelligence", chatbots in particular, should be done under the name "Watson"
 
EPO Strikes Are Already Working
Campinos is already going "into hiding"
Microsoft Windows Falls to Another New All-Time Low in Guatemala, It is a Bottomless Pit
Maybe users come to realise that Windows means back doors and those doors are open to a regime that ought not be trusted
"XBox" Will Become Slop After Mass Layoffs
When all else fails, "AI it"
Links 22/02/2026: Hardware Price Hikes Across the Board, "Microsoft Issues Statement on Potential Layoffs"
Links for the day
Microsoft "Layoffs Incoming"
This transition isn't about promoting games; it's about canning the console
Links 22/02/2026: "Bloat of Modern Fitness Apps" and Wikipedia Deprecates Archive.today
Links for the day
Our IRC 5-Year Anniversary (for Self-Hosted) is Fast Approaching
A week from now it's March already
Gemini Links 22/02/2026: Dream Job Gone and Slop in Taskwarrior
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 21, 2026
IRC logs for Saturday, February 21, 2026
GNU/Linux Grew a Lot in Nicaragua
We've not noticed until today
Techrights Has Over 1,000 Good Articles 'in the Tank'
Drafts, notes, and lengthy documents
New Article Challenges Solicitors Regulation Authority (SRA) for Choosing the Wrong SLAPP Cases to Investigate
The one point we can agree on is that SRA does not know how to correctly select the worst culprits/offenders
Why IBM is Still Scary and Dangerous
Keep a distance from "Big Blue" Bully
Measuring the Growth of Our Mission and Community
Something between experiment and prototype
Richard Stallman in the United States - Part III - Georgia Tech Did a Fine Job Upholding Free Speech Principles
The real problem was social control media (toxic)
Debian's Master is Deleting Criticism of SystemD and Other Things (On-Topic and Published by Debian Developers), Resorts to the Excuse Messages Are "Too Long"
Censorship serves nobody except the masters that control this censorship
Digg's Latest Incarnation Already Failed, It's Infested With LLM Slop
Many submissions go to slopfarms and some get summarised by slop
Gemini Links 21/02/2026: Veganism and DeskPi RackMate T0
Links for the day
On The Web, XBox Already a Dying Breed
Down to about 0.05% on large machines, based on statCounter [...] Microsoft will never publicly admit or say how many billions it lost on the XBox
2026 a Year of 'Top-Down' Microsoft Layoffs (Management First)
Stay tuned for what comes next
Your "Likes" Aren't Yours and They're Mostly "Worthless Clicks"
Social hermits are not popular, irrespective of how many "Facebook friends" or "likes" they get
Waggener Edstrom/Frank Shaw Lied, There Are Definitely Microsoft Layoffs
Microsoft never issued a formal statement, it made allusions by proxy
Microsoft-Controlled Media With Embargo and Press Operatives
This won't be the last example of media manipulation for narrative control or face-saving "damage control"
Slop Hype Makes Our Core Technology Less Reliable and Far Less Resilient (We Pay for the Catastrophe That Follows)
Only slop-free projects can be trusted
Going for 1,000 (Days of Uptime)
universal records are vastly better
Firefox is No-Go in China, Not Even 1% "Market Share" Anymore
Given Mozilla's utterly rubbish marketing these days (politics over technical aspects), set aside the cheerleading for slop, there's hardly a chance of Mozilla Firefox reaching or exceeding 10% again
EPO "Cocaine Communication Manager" - Part III - It's in His Eyes
Workers are free to draw their own conclusions
Links 21/02/2026: Tensions Over Iran and Illegal Cheeto Tariffs, Presidential Approval Sags
Links for the day
Links 21/02/2026: "Moving Away From Cloudflare", Many Layoffs or Shutdowns in Games (Including XBox/Microsoft)
Links for the day
GNU Linux-libre is a Grown-Up Today
"before that, every distro that wanted to respect its users' freedom had to remove itself all of the binary blobs that were distributed as part of the kernel Linux's so-called sources"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 20, 2026
IRC logs for Friday, February 20, 2026
Gemini Links 21/02/2026: "The Evil of Action" and Slop Bots Causing Great Harm Online (Not Just the Web)
Links for the day
Like a Shell
Overreactions can backfire
Not Only Leaders of XBox Got Sacked (Layoffs)
Phil Spencer and Sarah Bond got laid off
9PM on a Friday Night: Microsoft Says the Layoffs Are Not Layoffs
We've said for a long time that XBox is doomed this year
Gemini Links 20/02/2026: Misfin Server and Magic in Programming
Links for the day
Former Debian Project Leader Branden Robinson Cautions Against Cover-up and Censorship in Debian
Debian drama. Again.
analytics.usa.gov Reckons Windows "Market Share" Fell to Just 38%, Vista 11 Not Even a Third of Windows Users
This coming summer Vista 11 turns 5
The New Digg.com is Slop
Slop "summaries" and Serial Sloppers are drowning out the site with fake 'articles' (plagiarism)
Linus Torvalds: Bill Epsteingate Good Enough for Me to Wine and Dine With
Torvalds is more connected to Jeffrey Epstein than Richard Stallman ever was
Our Uptimes Are Always Better Than Any Site That Uses Clownflare
Clownflare as a company operates like a cult
GNU/Linux Apparently Rose to 6% in Uzbekistan
If accurate, this represents a new problem for Microsoft and a big win for Software Freedom
Sponsored Videos and 'Articles' in The Register MS, Stenography as a Service/Product
They should more accurately label these actors
It's Friday Again and Many People Leave IBM for Good (IBM Should be Reported for Illegal NDAs That Hide Layoffs)
we very seldom see anyone deviating a lot from the "template-like" narrative, let alone mentioning "layoffs" or "RA" or some other term that implies non-consensual departure
The Little Clique of Sloppers/Spammers About "Linux" Got Even Smaller
Thankfully there are still genuine and legit GNU/Linux sites out there
Links 20/02/2026: Microsoft Intentionally Kills Older Hardware, "The Story of XBox" Shows How Defective Microsoft Hardware Really Was
Links for the day
Turkmenistan One of Many Countries Where Microsoft Fell to Distant Third in Search
We expect many layoffs in Bing some time soon
Don't Wait for "Red Hat Layoffs" Because After Bluewashing They're IBM RAs and Don't Wait for "IBM Layoffs" Because They're Perpetual
IBM layoffs are silent and "forever" (small trickle that never ends and is widespread - after all IBM is a very global and ubiquitous firm)
Links 20/02/2026: Standards, Science, and Politics
Links for the day
What Do People Ever Buy From Microsoft Anyway (Not PCs)?
Microsoft sells two things these days: 1) vapourware/promises. 2) its stock.
Gemini Links 20/02/2026: "Mainstream Unix, Underground Unix", Slop Staging DDoS Attacks Against Small Sites
Links for the day
IBM Inclusivity: Red Hat Summit is for Rich Sponsors Like Microsoft and Rich Guests Who Pay $500 a Day
Nothing signals societal tolerance more than paying a large military contractor
GNU/Linux Adoption is Higher in Richer Countries
Is it because freedom is actually expensive - something that only privileged people can pursue?
Links 20/02/2026: Windows TCO Versus Deutsche Bahn, Europe Seeks More Independent Digital Future
Links for the day
IBM, Red Hat and Fedora: Don't Say "Master", It Offends People. Also IBM, Red Hat and Fedora: "Master Podman".
The hypocrisy at Red Hat and Fedora shows no boundaries
IBM Layoffs Aren't Just in IBM 'Proper'
Who is still using Lotus after the HCL move?
The Register MS Gets Paid by Gartner to Promote a Ponzi Scheme for Gartner, Microsoft, and Others
The credibility of that site will suffer because it tries to sell a major scam to its audience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 19, 2026
IRC logs for Thursday, February 19, 2026