Bonum Certa Men Certa

The EPO is Dying and Those Who Have Killed It Are Becoming Very Rich in the Process

We wouldn't be surprised if Campinos became known/remembered as the EPO's last President (ever), just like Ron Hovsepian at Novell

French patent office
The EPO is a French patent office. When quality does not matter it's just another French patent office (like INPI), run mostly by French people who are connected to Battistelli.



Summary: Following the footsteps of Ron Hovsepian at Novell, Battistelli at the EPO (along with Team Battistelli) may mean the end of the EPO as we know it (or the end altogether); one manager and a cabal of confidants make themselves obscenely rich by basically sacrificing the very organisation they were entrusted to serve

THE EPO is so out of control that examiners must give up any genuine ambition of doing their job properly, as per the EPC.



A trusted source wrote to tell us about Battistelli's "last present," saying that he now decides to "make it two times harder to refuse applications." This comes from a reliable source.

We have been hearing and reading similar things for quite some time, but it only seems to get worse over time. The vision of endless growth is misguided and it's bound to cause massive layoffs some time soon. The Office and by extension the Organisation is in disarray. It cannot survive like this. But Office management has tenures and can just 'move on' when the Office implodes (probably after management rewarding itself with lots of massive bonuses) and the Organisation is occupied/dominated by people from national patent offices, so the death of the EPO might actually be good for them in the long run.

"A trusted source wrote to tell us about Battistelli's "last present," saying that he now decides to "make it two times harder to refuse applications." This comes from a reliable source."Are we seeing the end time of the Office? Do not be misled by the constant lies from Battistelli, who according to a recent poll has single-digit approval rates among stakeholders and his choice of succession (another Frenchman, Campinos) is cause for optimism for just 1 in 7 stakeholders. The EPO, to us at least, seems like the failed organisations we covered before. In 2006 until around 2010 we wrote thousands of articles about Novell right here in this Web site; Novell quickly imploded after it had signed a submissive patent deal with Microsoft. We now see the same symptoms at the EPO, with management granting itself humongous wages, pay rises, bonuses etc. while staff gets laid off and business runs dry. Prior to 2006 I was a huge fan of Novell and SUSE, but when a manager called Ron Hovsepian took over he rapidly destroyed Novell, wrongly assuming that patents would somehow save the company; at the end they got picked up by Microsoft. Wikipedia calls CPTN "a consortium of technology companies led by Microsoft that acquired a portfolio of 882 patents as part of the sale of Novell to Attachmate" and we we wrote a lot about it. Mr. Hovsepian became a very rich man while he destroyed the company; the same is true for Battistelli right now.

"An Office which controls the Boards of Appeal (like Battistelli does) is an instrument which totally lacks oversight."Putting aside the Novell analogy (I dedicated 4 years of my life to covering that), how about IP Kat? It doesn't even write so much nowadays (this year) and sometimes it seems like IP Kat is on the same side as patent trolls, more so after its founder (Jeremy) left. It's like the blog is run by Bristows (Team UPC), which now does this multi-part puff piece about a Microsoft-connected think tank called Fordham IP.

Where's their coverage of EPO matters? EPO scandals?

The Boards of Appeal at the EPO are complaining that they are understaffed, besieged, and even abused. IP Kat's Eibhlin Vardy managed to write something that overlooks all this, courtesy of lawyers from Kilburn & Strode:

The EPO is not this GuestKat's natural habitat, and so she was glad to be reminded of the consultation on the new rules of procedures of the Boards of Appeal from Katfriend Gwilym Roberts of Kilburn & Strode.


Nothing has been said about the complaints from the Boards of Appeal (just a day or two beforehand). How come? The EPO wrote: "We look forward to receiving your comments on proposed changes to our appeal procedure."

This is the sort of fluff that IP Kat is repeating. Well, the Boards of Appeal actually complain, but this is how the EPO framed it: "2017 was a year of growth for the EPO Boards of Appeal in terms of their overall quantitative performance."

Growth?

Battistelli has shrunk them. They complain about understaffing.

At IP Kat (the way it's run nowadays) the comments are, as usual, better than the posts. "A friend of the Boards" who is the sole commenter wrote:

It is a bit easy to complain that the boards are slow. They are slow due to the fact that the BA are dramatically understaffed, and everybody knows the cause of this understaffing. Even if from July 2018 onwards the staffing level may slowly get back to normal, so that the backlog can be brought to a decent level, this will take years. And here the BA are not to blame!

In the last three years the backlog has grown by 500 files/year. On the 31.12 of the following years the backlog was: 7907 in 2015, 8418 in 2016 and 8 946 in 2017.

In their present version the RPBA are in place since 2005, so it cannot said that they come as a surprise. Neither the fact that any request filed at the BA should be substantiated.

The bulk of the amendments proposed is simply to codify the recent case law of the BA in matters of procedure. But one stance which is established now for many years, will not change: it is fatal to wait to go to the BA to file requests which could have been filed earlier. Nothing new under the sun!

When one looks at T 2046/14, it is a prime example of how the attitude of an applicant can be detrimental to its interests by not being pro-active. In this case, it is no surprise that the patent has been revoked as the MR, AR 1 and 2, as well as AR 6-8 were all offending Art 123(2), reason for which the patent was revoked by the OD. AR 3-5 filed when entering appeal where not defended before the OD, and were filed without any substantiation as to why they would overcome the objections under Art 123(2). AR 9 was filed during OP when the decision had fallen that none of the preceding requests were not allowable and/or not admitted. AR 10-12, totally new requests, were filed when entering appeal and no reasons where given as to why they could overcome the objections. On top of it, they were divergent.

All those late filed requests were dealt with under the present RPBA, which already have enough bite.

As far as preliminary opinions are concerned, the vast majority of BA are already informing the parties about their opinion, but I doubt that they will ever become binding, or they will have to deal with all objections raised in the procedure.

Minutes of first instance are already playing an important role. For example the BA looks at them when an alleged procedural violation is brought in. In the absence of reaction of the party to the minutes, the substantial procedural violation is generally dismissed. But in any case, the BA cannot order an amendment to the minutes, and they have never done, for the simple reason they were not present.

However, this brings in a problem. The minutes of the OP before the first instance are not part of the decision as such, and hence not open to appeal. They are actually the property of the minute writer and of the countersigning officer. You may even request an OP for attempting to amend the minutes, but it is left to the discretion of the signatories of the minutes whether they want to amend them or not. As said the BA cannot force a change to the minutes. Looking at cases, most of the requests to amend minutes are not successful and the new rule will not change a lot.


An Office which controls the Boards of Appeal (like Battistelli does) is an instrument which totally lacks oversight. This is why Battistelli can keep looting the budget/coffers, grant lots of bogus monopolies (like a drunken maniac on a money-printing or patent-printing machine), hire friends and their family members, and nobody will say or do a thing to stop him, not even when helping himself to the cookie jar ('bonuses'). Those who attempt to say something can end up like Judge Corcoran or key staff like Els Hardon -- a cautionary couple of tales for sure. The EPO is dysfunctional beyond repair.

"Those who attempt to say something can end up like Judge Corcoran or key staff like Els Hardon -- a cautionary couple of tales for sure."The modus operandi at play here is a rather familiar one; we saw that not only in Novell. It is very common in financial institutions where a manager or a small bunch of managers take massive risks (at the company's or shareholders' expense), e.g. toxic, high-risk loans. They know it's a bubble that will inevitably implode, causing the business to collapse. But on this road to the collapse it seems like they bring about explosive quarter-to-quarter growth, so they give themselves many successive bonuses, probably stash these somewhere offshore and when the business goes bankrupt and all the staff gets laid off they just can't care less; nobody will go after their hidden money or demand back these bonuses. They become obscenely rich/ridiculously well-defended by expensive and well-connected law firms and probably never have to pursue a job anywhere anymore. Generally speaking, destruction of an organisation for self enrichment is a widely known phenomenon with many known examples of it. Just to be clear, the way it usually works is, a person does not intentionally strive for destruction but simply prioritises making oneself (and friends/spouse/other) rich, so if that priority/priorities necessitates destruction, then so be it. This is why accountability or impartial audit structures must exist. The EPO deprecated these under Battistelli.

Recent Techrights' Posts

Slop Technica: Ars Technica Seems Like Repeat Offender, a Part-Time Slopfarm
The culprits are repeat offenders, but the publisher will never admit this in public
Where Microsoft's Bing Cannot Even Reach 1% "Market Share"
Looking at "I" countries
Links 16/02/2026: Barack Obama Responds to Racist Cheeto and Benjamin Mako Hill Studies Online Communities
Links for the day
 
Where Slop Meets Ghostwriting: It's a False Analogy
It's a false analogy
Links 17/02/2026: Why OpenClaw is Very Sleazy and Ars Technica Exposed as Hub of LLM Slop (Credibility Destroyed Overnight)
Links for the day
Benj Edwards (Ars Technica) Used Fake Articles to Promote Ponzi Scheme for Conde Nast and Its Client (Marketing)
What Ars Technica and Conde Nast do here helps defraud the general public
Only One in 50 Saudis Would Use Microsoft for Search, Almost Same as Would Use Russia's Yandex
If statCounter is to be trusted
Microsoft's "AI" Concerns Are All Indian (or Low-Paid Workers Who Work Extra Hours Unpaid)
portraying charlatans and frauds like they're some kind of visionaries and luminaries
Microsoft Turned Bing Into Censorship Machine of China, But Bing Is Pegged at a Mere 2% in Asia, Yandex is Bigger
Expect many Bing layoffs some time soon (like in past years)
Just Like The Register MS, Conde Nast's Ars Technica Has Just Publicly Admitted That It Published Fake Articles (Slop) Made by LLMs About Serious Subjects
Conde Nast might shut Ars Technica down to escape the bad publicity/association
Solicitors Regulation Authority (SRA) Way Too Slow to Respond to Financial Fraud at Law Firms, in Effect Helping Those Law Firms Defraud Many More People (Fleecing Clients)
Who will hold the SRA accountable for this?
Techrights Became a Hub for News That IBM/Red Hat Doesn't Want You to See (and Pays Mainstream Media to Distract From)
the more viciously the notorious organisation attacks the reporter, the greater the interest in what the reporter has to say
EPO's Central Staff Committee on Fourth Technical Meeting, Two Days Before First of (At Least) 4 Winter Strikes at the Second-Largest European Institution
“future orientations on the salary adjustment procedure”
IBM's Collapse Continues, Half of EU Countries to Have Mass Layoffs, "IBM Clearly Disinvests From Europe" Says IBM European Works Council
Recent publication
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 16, 2026
IRC logs for Monday, February 16, 2026
Gemini Links 17/02/2026: Alpenglow Industries' Closure and Gemini Server Issues
Links for the day
The Southern California Linux Expo (“SCALE”) or SCALE 23x Becomes Microsoft
It's not supporting the event, it is buying it.
Microsoft to Focus on Name-Dropping Buzzwords to Distract From Declining Business, IBM RAs (Layoffs) With Staff Stack-Ranked
Calling everything cloud or reclassifying as "AI"
Another EPO Strike One Week From Now, Local Staff Committee Munich to Discuss It This Week
Campinos MIA while Office staff goes on strike at least 4 times
Gemini Links 16/02/2026: Task Completed by Avoidance and "Playing Again With Akkoma"
Links for the day
Happy Birthday (or Anniversary) to SoylentNews
"Happy Birthday SoylentNews"
Techrights' Architecture
Stability is the main goal
IBM Reduces the Thresholds for Acceptance (and the Salaries)
Are chatbots good enough as IBM staff?
When It Comes to Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
Linux Foundation Continues Falling Off a Cliff in Geminispace
Gemini Protocol will turn 7 this summer
Links 16/02/2026: cURL’s Daniel Stenberg Asserts That Slop is DDoSing Free Software, But Still Uses a Plagiarism and GPL-Violating Blender (Microsoft GitHub)
Links for the day
The Techrights Community Never Needed Money, Only Goodwill
We accomplish things by a track record of suppressed facts
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
Social Control Media is Just a Digital Weapon
Social control media is not social and not media
They Will Call Smart People "Luddites"
Is society "seeing the light"?
Microsoft Amutable Already Reveals That Its Focus Is Not Linux, It'll Promote "Remote Attestation"
This is basically an attack on Software Freedom, even if they toss around the brand "Linux"
More People in Chad Move to GNU/Linux
Last year we began to see GNU/Linux rising there - a trend which continues this year
Dr. Andy Farnell on How Universities and Culture of Education Got Crushed by "Technofascist Nightmare"
Farnell says he "already soft-quit in [his] mind"
Debt of Broadcom Grew by More Than 50%, Broadcom is Deeper in Debt Than Google
Expect many more cuts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 15, 2026
IRC logs for Sunday, February 15, 2026
Links 15/02/2026: Slop, Politics, and Gemini
Links for the day
Small is Beautiful (in Cascading Style Sheets/Inheritance Rules)
If done correctly, pages can take a tenth of a second to fully load
Microsoft Has Fallen to New Lows in Hong Kong This Year
That Windows "market share" falls there is perhaps expected
Free Software Foundation (FSF) Raised About 1.5 Million Dollars This Winter, Almost 50% More Than in All of 2024 Combined
Verbal advocacy goes a long way
Spread the Word About EPO Strikes and Patent Injustices in Europe
Corruption in Europe is a real thing
The Register MS is Promoting Slop, Promotion Connected to Microsoft (Trying to Replace Judges With Microsoft)
marketing spun as "science"
He Did Not Have Enough Souls
A lot of the subjects we cover here no other site dares touch
"Mix Vale" is a Slopfarm
3 "articles" about "ubuntu"
Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026