Bonum Certa Men Certa

Patent Quality, Not Quantity, is What Really Matters

EPO adopts the Chinese model (patent trolls magnet), unlike somewhere like India

EPO patents criticised



Summary: The EPO's policy of "grant fast/first, ask questions later" is a recipe for disaster not just for the EPO but for Europe in general

THE EPO crisis (this particular term, "crisis", seems suitable) is a ticking time-bomb. Applications are running out and UPC is as dead as can be (it has barely even been mentioned this past month). Florian Müller is right when he says, as IP2Innovate quoted the other day: “Whenever the Unitary Patent Court (UPC) will be ready, Europe will become a paradise for patent trolls and the likes of Nokia and Ericsson...”

IP2Innovate has repeatedly warned about it and lobbyists of patent trolls attacked IP2Innovate over it. They also attacked people who 'dared' cite IP2Innovate. Such is the behaviour of aggressive trolls...

"Applications are running out and UPC is as dead as can be (it has barely even been mentioned this past month)."The problem we're seeing is that the EPO basically 'offloads' examinations onto courts; it issues patents recklessly and in a rush, only for courts and lawyers to clean up the mess that lawyers themselves all along made. They want lots of litigation. That's their bread and butter.

Found earlier this week via this tweet was a new article titled "Liberaler Mittelstand fürchtet Patentflut & Qualitätsmangel". It was then mentioned also in a comment that said:

On patent quality at EPO

WIPR https://www.worldipreview.com/news/wipr-survey-epo-patent-quality-is-endangered-claim-readers-15689

Landshuter Rundschau http://la-rundschau.de/landshut/politik/33298-liberaler-mittelstand-fuerchtet-patentflut-qualitaetsmangel.html


EPO examiners generally know that they issue low-quality patents. They admit it, but they stress very strongly that this is the fault of the management. The examiners don't want to do it, but they feel as though they must in order to keep their job.

The EPO is meanwhile bragging, yet again, about growth in the number of patents. Yesterday it wrote that "Italy filed over 4% more applications at the EPO in 2017 compared with the previous year."

"It doesn't look like these discounts had any fundamental effect in Europe, perhaps except income going down.""But in order to get this message right (across to the readers)," I've told them that the discounts should be taken into account. You "gave a DISCOUNT on applications and 'demand' went DOWN," I told them in response to this other tweet in which EPO said: "Belgium posted fewer patent applications in 2017 (-1.9%) after its strong increase in 2016 (+7%)..."

It doesn't look like these discounts had any fundamental effect in Europe, perhaps except income going down. And that's before work even runs out! It's going to get a lot worse when staff is made redundant.

What does the EPO even strive for? Issuing as many patents as possible, e.g. by consciously lowering the quality of examination? Yesterday there was this press release which said:

Constant Pharmaceuticals, LLC, a privately held biopharmaceutical company focused on the treatment of stroke recovery, today announced that the European Patent Office (EPO) has notified the company that it will grant a patent covering the use of TXA127 in the treatment of stroke. TXA127 is a pharmaceutical grade formulation of the naturally occurring peptide Angiotensin (1-7), which Constant is developing for the treatment of stroke recovery.


A few days ago someone showed us that the EPO had just granted a patent on chewing gum. The above is naturally-occurring -- something which typically disqualifies patents.

"A few days ago someone showed us that the EPO had just granted a patent on chewing gum."But hey, who cares about patent quality anyway? Certainly not patent lawyers, who are typically patent maximalists as that equals/implies more income for lawyers.

Earlier today the Sottish Legal was posting this Marks & Clerk puff piece/ad in the form of an 'article'. Marks & Clerk sucks up to EPO management by promoting patent maximalism. To quote:

The UK has enjoyed a consistent rise in energy-related European patents with the number of patents granted by the EPO in the energy sector having nearly doubled since 2008. The volume of patents applied for has also increased by nearly 40 per cent since 2008.

Newly released data from the European Patent Office (EPO) found that ‘electrical machinery, apparatus, and energy’ was the fourth most patented technical field in 2017, behind only medical technology, digital communication, and computer technology.


Is this like a competition? Which field gets the most monopolies?

Compare that to India, where software patents are not allowed and pharmaceutical giants don't get their way, either. It's actually a pretty good system which improves access to medicine and makes India a very powerful software-developing country.

"Is this like a competition? Which field gets the most monopolies?"Ananya Bhattacharya, writing this piece earlier this week, has called such a sound policy "least friendly"; it is a gross distortion of the reality because it might as well be called "most friendly" (towards the population, not a bunch of foreign multinational giants). To quote: "India is no country for filing patents. Riddled with problems, from lack of awareness to systemic flaws, the country is one of the least friendly when it comes to intellectual property (IP) rights. In 2016, just 45,000 patents (pdf) were filed in India—China registered over 1.1 million in the same year."

So what? China is insanely irrational when it comes to patent grants, we suppose in anticipation of sanctions/trade war. They just want to have a wall of worthless patents.

China is actually proof that overgranting leads to trolling (there's a massive increase there in terms of patent trolls) and only a tiny fraction of these patents ever makes it into patent offices outside China (only those of decent quality would get granted).

"The EPO has become a farce under Battistelli. He is leaving in almost exactly 3 months, but he will leave in charge an old friend, who is also French and also lacks background in science."The EPO needs to take India, not China, as an example. But Battistelli never even bothers visiting India. Instead he keeps visiting former French colonies (maybe his friend Sarko got some funds from there too?), having just named Morocco and Tunisia alongside Cambodia in this new 'blog' post of his. (warning: epo.org link, already promoted by the EPO's Twitter account).

Watch Benoît Battistelli as he brags about Cambodia with zero European Patents and French colonisation roots:

When Cambodia became a validation state at the beginning of this month, it was somewhat of a watershed moment in the EPO’s history. While we have already seen the European patent become valid in North Africa, through agreements with Morocco and Tunisia, Cambodia is the very first country in Asia to become a validation country. With four validations in the last few years (Morocco, Moldova, Tunisia and Cambodia), the advantages of the EPO’s validation system are becoming more and more known. European inventors can now easily and efficiently file a European patent application that will be recognised in Cambodia. That means it will have the same legal effect as a corresponding Cambodian patent and will be subject to Cambodian patent law.


The EPO has become a farce under Battistelli. He is leaving in almost exactly 3 months, but he will leave in charge an old friend, who is also French and also lacks background in science.

Recent Techrights' Posts

IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
 
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026
Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva