Bonum Certa Men Certa

EPO Staff Has Just Warned the National Delegates That EPO's Decline (in Terms of Patent Quality and Staff Welfare) Would Be Beneficial to Patent Trolls

"And in a clear sign of just how bad the situation has grown internally, the examiner letter even explicitly notes that they are unwilling to make their names public out of fear of attack by management." --The Register

EPO quality letter



Summary: The staff of the EPO increasingly recognises the grave dangers of low-quality patents -- an issue we've written about (also in relation to the EPO) for many years

SEEING what low patent quality caused the US (the USPTO is belatedly correcting this with help from courts, AIA/PTAB etc.), the EPO's staff (not management) warns about Battistelli and his legacy -- something we have been warning about for many years (even before we covered EPO scandals).



"And 'producing' a lot of low-quality patents has the same effect as printing a lot more money as means of combating inflation. That merely devalues everything and exacerbates the problem."Battistelli's rush to UPC (passing the task of proper patent assessment from examiners to courts) is no doubt attractive to trolls; they target small businesses who would shell out 'protection' money rather than take things into courtrooms. And 'producing' a lot of low-quality patents has the same effect as printing a lot more money as means of combating inflation. That merely devalues everything and exacerbates the problem.

Bristows, whose clients include many trolls, is perhaps the only firm still actively lobbying for the UPC. It is hilarious. Germany and Britain both prevent the UPC from ever arriving/happening anywhere in Europe, yet today we have Brian Cordery harping/obsessing over Luxembourg with almost no patents at all.

"Bristows, whose clients include many trolls, is perhaps the only firm still actively lobbying for the UPC."Several days ago EPO staff took further action ahead of next week's meeting of the Administrative Council. The letter has embedded in it a few links already shared by SUEPO last week and coverage in The Register from early this morning said this:

An extraordinary letter from nearly 1,000 patent examiners has confirmed what critics of the European Patent Office (EPO) have been saying for some time: patent quality has fallen thanks to a determined push by management to approve more of them.

The letter [PDF] has been sent to the EPO's Administrative Council (AC) – the only body capable of exerting control over the organization's runaway management – prior to its meeting later this month.

In it, 924 examiners complain that they are "submitted to constraints that are no longer compatible with fulfilling appropriately our duties within the Search and Examination divisions."

The letter – put together as a petition – continues: "We are far too often put in front of the dilemma of either working according to the European Patent Convention (EPC) and respecting the Examiner’s Guidelines, or issuing 'products' as our hierarchy demands."

"We feel that timeliness and number of 'products' should not be the only criteria to assess the Office and examiners performance. But that attention should be paid to providing a high level of presumption of validity to the patents we grant."

The clear statement by so many examiners is an extraordinary rebuke to the EPO's current management, led by the organization's president Benoit Battistelli, who only last week boasted that they had managed to increase the number of patents approved last year.


The comments are worth seeing as well, for a change. Just skip many comments clarifying that EPO is not part of the EU (actually predates it, too). It's very common to see this misconception in comments at The Register, especially with Brexiters superimposing their personal agenda. Here's the first comment:

There is no point in poor quality patents - such are bad for business, unless your business is being a patent troll or a lawyer. Poor quality patents result in increased costs to businesses generally, which is just about the opposite of what the EU wants. The sooner the farce at the EPO is halted and that dickhead currently in charge of it ousted and replaced by someone more interested in getting the job done properly than in mere numbers processed, the better.


On international organisations:

The problem with international organisations is that they're often seen as opportunities to extract troublesome characters from national organisations, sweetening the deal with promises of prestige and international travel. This "Ark B" approach is unfortunately incompatible with finding "someone more interested in getting the job done"...


EPO is then described as a "deeply broken" international organisation:

Yet more evidence...

...that this is a deeply broken organisation.


Then this:

So it's a race to the bottom

Except that Europe is at least twenty or thirty years behind the US.

And some - notably Germans - tend to be too honest to stand for it.



Patents "are not there (or, at least, it was never the intention) to provide profit-making opportunities through technological monopolies," the next comment said.



Unhappy This is a difficult problem to solve...

I can't think of a solution that is going to be wholly tenable to both sides, unfortunately.

I mean, on the one side, as a patent examiner, you want plenty of time to the appropriate due-diligence in order that you can be sure you have taken all reasonable precautions when a decision on the application is made.

On the other side, if you are a company that has literally spent millions, maybe billions, developing a technology, you want your patent as quickly as possible so that you can put your product on the market and begin to recoup the costs.

On that note: A note to corporations: We should not lose sight of what patents were originally invented for. They were invented to allow a company/individual an opportunity to recoup development costs. That's the entire point of a patent. They are not there (or, at least, it was never the intention) to provide profit-making opportunities through technological monopolies. Though of course, it's inevitable that that would happen.

Apple and your "rounded edges" on mobile phones: I'm looking at you, you total twats.

We're between a rock and a hard place on patents, it seems.


We have long emphasised that the EPO totally lost sight of the goal of patents. Battistelli thinks of the EPO like an assembly line that he is managing. As if monopolies are "products". Is this the sort of neo-capitalist approach taught at ENA? What if Battistelli was put in charge of managing a prison?

Recent Techrights' Posts

Changing One's Name Won't Change One's Past
People who have earned a bad reputation are not magically "entitled" to reset
People Who Assault Women Are Not Victims of "Distress"
It seems like an American tradition. In a country with almost 50 presidents, not even one was a female.
Adoption of Gemini Protocol Still Growing
Gemini Protocol is being obscured by the media - it doesn't help that Google 'hijacked' the word "Gemini" - but people still manage to find out about it, download a client, and use it
Brett Wilson LLP "Takes it Personal" (Character Assassination, Not Professionalism). Everybody Can See That.
On behalf of violent men
Pissing Contests and Pissing Off Everyone
people who came from Microsoft are trying to vex and divide the community
Microsoft Repeats the Mistakes Made by the EPO After We Exposed a Major Microsoft/EPO Scandal 10 Years Ago
That scandal was all over the media, not just in English
 
Ubuntu is Becoming GAFAM-Like
What does that say about Canonical and Ubuntu?
Slopfarms Which Take Real Articles About GNU/Linux and Turn Them Into Copycats Which Are False
Even before the LLM hype those were quite common
The Firm That Picks on Techrights is Accustomed to Working With Criminals
Techrights never did anything illegal. So why is it being picked on by people who work with criminals?
Microsoft Said the Mass Layoffs Were for "Investment" in "AI", But It's Also Laying Off the "AI" and "Copilot" Staff
Months ago we showed many so-called "AI" people were getting the boot and this time it's the same
DryDeadFish is Dead, Long Live DryDeadFish
We kept checking, hoping it can recover from some temporary technical issue
For Quite Some Time Already Microsoft Attracts Crackpots, Scams, and More
Occasionally we talk about the situation at IBM as there are many parallels
Links 14/07/2025: Chatbots Broken Again, McHire LLM Shows Limits of the Hype
Links for the day
Slashdot Media Turned Linux Journal Into a Slopfarm and Now Slashdot Actively Promotes Anti-Linux Slopfarms
Yes, "no-nonsense" apparently means actual nonsense
Links 14/07/2025: Arresting Photographers, Threats to Revoke US Citizenship Over Criticism
Links for the day
More EPO Leaks on the Way
We hope that Mr. Rowan will actually try to refute what we say and show, not merely point the finger at the messengers
Decommodification is a Corporate Strategy Against Communities
systemd is led by Microsoft and hosted by Microsoft
copyleft.org 'Hijacked' by the People Who Attack the Person Who Created Copyleft
So far there's nothing "tasteless" in copyleft.org, but that can change at any time in the future
Asking People to Take Down Articles and Videos Only Makes These More Popular and "Viral"
If you do something bad, one of the worst things you can possibly do it try to silence those who speak about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 13, 2025
IRC logs for Sunday, July 13, 2025
Two-Thirds Towards FSF Goal, Richard Stallman to Give Talks in Europe
There are 67 left before reaching the target
Gemini Links 14/07/2025: Politicised Tech and "Leaving GitHub"
Links for the day
The Demise of LLMs
We've just checked BetaNews again. They've dropped all the slop and went back to human authors.
Gemini Links 13/07/2025: Sonpo Museum of Art and FCEUX
Links for the day
Links 13/07/2025: UnitedHealth's Censorship Campaign, Australia Wary of China
Links for the day
Firing Away With Nonsense
Or fighting fire with fire
Links 13/07/2025: Climate Crisis, GAFAM Poisoning the Water
Links for the day
Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025
Plunder at the Second-Largest Institution in Europe
cuts, neglect, health problems, even early deaths
Links 12/07/2025: Political Developments, Attack on Opposition, Climate Actions
Links for the day
Gemini Links 12/07/2025: Melodic Musings and Small Web July
Links for the day
Links 12/07/2025: Jail in China for Homoerotica, South Korea Discriminates Against Old Workers
Links for the day
If Only Everything Was Rewritten in Rust, We'd Have No More Security Issues?
Nope.
Links 12/07/2025: Birdwatching and Fake/Misleading Wall Street 'Valuation' Figures
Links for the day
Gemini Links 12/07/2025: How to Avoid Writing, Apps for Android
Links for the day
Using SLAPPs to Cover Up Sexual Abuse and Strangulation
The exact same legal team of the Serial Strangler from Microsoft and Garrett already has a history fighting against "metoo"
EPO Staff Committee on Harassment in the Workplace
slides
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025