Bonum Certa Men Certa

Today's European Patent Office Works for Patent Extremists and for Team UPC Rather Than for Europe or for Innovation

This kind of 'vendor capture' might help EPO foes rationalise abolition of the EPO altogether (unless the Organisation can undo/reverse this hostile 'regime change')

AIPPI



Summary: The International Association for the Protection of Intellectual Property (AIPPI) and other patent maximalists who have nothing to do with Europe, helped by a malicious and rather clueless politician called Benoît Battistelli, are turning the EPO into a patent-printing machine rather than an examination office as envisioned by the EPC (founders) and member states

TECHRIGHTS was never against the EPO. Never. It was against software patents in Europe, which the EPO itself should be against, as well. A decade ago when the USPTO was easily and gleefully granting software patents we were critical of the practice rather than the Office itself. Nothing has changed since, except the Office (USPTO) now makes it a lot harder to get software patents. US courts even more so!



Patent examiners certainly know these things; this is what they deal with on an everyday basis. There's always a push towards patent maximalism, courtesy of the patent 'industry'. Patent rationalists, however, would rather focus on actual work (development and research), not lawsuits and reading of patents they may or may not infringe.

"There's always a push towards patent maximalism, courtesy of the patent 'industry'. Patent rationalists, however, would rather focus on actual work (development and research), not lawsuits and reading of patents they may or may not infringe."In recent years, especially the past 3-4 years, some technology companies found their voice and fought back against patent maximalism. It helped the cause of software developers. On the other hand or the other side there were sites like IAM, Watchtroll, and Patent Docs, which constantly amplify the 'patent' industry and attempt to crush technology companies. They also routinely bash technology companies. That's how bad they have become. They don't even pretend to care for science and technology, let alone "innovation" (however they define it). Only hours ago Patent Docs did its usual Sunday advertising of patent maximalism events and/or so-called 'webinars' from The Knowledge Group and others, then the Practising Law Institute (PLI). These are patent maximalists; they make money out of it. Sadly, these are the sorts of groups that now control Battistelli's mind and steer the EPO into oblivion. National delegates from national patent offices go along with it because they themselves are typically lawyers; they make more money and derive power from patent maximalism.

Several months ago we wrote about AIPPI pushing software patents agenda, a long time after they had demanded action by Jesper Kongstad, seeing that Benoît Battistelli sent the EPO down the drain (or up in flames).

With some apparent leadership changes it now seems like AIPPI learned to love the tyrant. Benoît Battistelli meets these patent maximalists, with whom he can probably better arrange the destruction of patent quality and the Office's viability (they profit from that). With the obligatory Battistelli photos, on Friday they published this puff piece which says: (warning: epo.org link)

High-level representatives and experts from the EPO, led by President Benoît Battistelli, met with the International Association for the Protection of Intellectual Property (AIPPI) Bureau headed by its President Hao Ma at the EPO headquarters in Munich yesterday.


Notice what they say about Cambodia, which we mentioned last week because Cambodian people/firms have zero EPs:

AIPPI also expressed great interest in the recent entry into force of the validation agreement with Cambodia, the very first Asian country to join the European patent system. Fast-moving developments in the area of international co-operation, including reinforced co-operation, were acknowledged as particularly advantageous to the user community.


So "AIPPI also expressed great interest in the recent entry into force of the validation agreement with" a country that has no EPs? Seriously?!

Like we said many times, especially last year, the EPO had become somewhat of a laughing stock. Battistelli is just riding the coattails of half a century of EPO experience and reputation; he actually causes brain drain that diminishes experience and the reputation of the EPO is so terrible that some law firms dare/find courage to publicly complain. They know he might retaliate.

In relation to Patent Prosecution Highway, which prioritises litigation like UPC does (when patent litigation comes before actual patent justice and/or proper patent examination), Uhthoff Gómez Vega & Uhthoff SC wrote an article a couple of days ago. It's in the patent microcosm's platform and it mentions the EPO as follows:

Even though, the European Industrial Property Laws are more identical to Mexican Industrial Property Laws there are some exceptions when using the positive results issued by EPO, e.g., lastly the EPO has been granting subject-matter containing computer programs definitively banned in Mexico and consequently the favorable results may have a restriction. Fortunately, there are some strategies to overcome such restrictions focused to adapt the claims according to what it is permissible in Mexico.

The EPO accepts EPC 2000 claims which format is “Compound X for use in a method of treating a disorder Y”. At this point, it is important to mention that IMPI should accept such claims when using the positive results of EPO, but lastly there are some Divisions within IMPI which consider such claims as exceptions of patentability. For example, in our practice and experience said EPC 2000 claims are generally acceptable by the Biotechnology Division, while the Pharmaceuticals Division has a divided opinion concerning such claims.

Fortunately, there are strategies which reduce the risk of a rejection of the positive results of EPO which are applicable in Mexico depending on the case.


Remember that in Mexico (IMPI) software patents are officially banned, but IMPI grants them anyway. This is something that they and Battistelli have in common; such are the standards he has succumbed to. For perspective, last year Mexico was associated with 59 patents. In 2016 it was 32, so Mexico is not so important to the EPO (in relative terms; the US, by comparison, had 24,960 EPs granted last year).

“AIPPI also expressed great interest in the recent entry into force of the validation agreement with Cambodia, the very first Asian country to join the European patent system.”
      --EPO
Speaking of the US, the EPO continues to promote its patent maximalism events there. In this particular event which the EPO promotes almost every day they also give tips for patenting software at the EPO. We provided an explanation in last week's long post (when these daily promotions began).

Sadly, the EPO keeps spreading myths (this one on Friday). It frames patents as something that they are not. Companies openly say that they do not read patents because reading any patent would make any future infringement willful and thus damages several times worse. Does the EPO not get that? Will the EPO keep pretending (almost every day) that it's all about "SMEs"? In the same way that Team UPC keeps lying about the UPC, insisting that it's really for SMEs? Vis-à-vis UPC, Dehns (part of Team UPC) will soon speak at a 'webcast'/'webinar' of The Knowledge Group (mentioned above). Some staff of theirs has been calling people who oppose or are sceptical about the UPC "trolls" and "idiots" and here they are bragging about their role in the EPO:

Dehns provides and implement strategic advice on a wide range of IP issues, and file more than 5,500 UK, European and international patent and trade mark applications each year; the latest figures from the EPO show that, in 2016, Dehns filed the highest number of European Patent applications among all European Patent Attorney firms.


This helps explain their lobbying for the UPC; they don't care and can't care any less about patent quality. They just want to 'shove' as many patents as possible into the EPO, irrespective of the damage these patents may cause to firms other than their clients (even totally innocent firms, targeted by wrongly-granted patents).

Recent Techrights' Posts

Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
 
IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back
A Lot Less GAFAM in Scandinavia
Are they reacting to geopolitics and risks from the US?
IBM Kills Companies It Bought (Neudesic Seems Like Latest Casualty)
Why isn't even a single publisher investigating those things?
Fake "Linux" Articles
Just because some platform has "Linux" in the domain name and/or site name does not imply that it is a news/Linux site
Gemini Links 31/01/2026: "Proof Without Content" and "Technology Connections"
Links for the day
Links 31/01/2026: Microsoft "OpenAI Representatives Are Going to Critics’ Houses With Threats and Demands", Its Proprietary Chaffbot Faces More Lawsuits
Links for the day
Links 31/01/2026: "Introducing Encrypt It Already" and "Huge Cache of Epstein"
Links for the day
A Can of WORMS - Part I - Trying to Throw RMS Under the Bus at MIT and Everywhere Else
This series won't give air to online 'trolls'
Mobbing at the European Patent Office (EPO) - Part I - An Introduction
When the series ends, some time around the second or third EPO strike of this year, we'll contact the relevant authorities and plead for intervention
The Solicitors Regulation Authority (SRA) Delusion - Part I - Who Regulates This Regulator? (Only Itself!)
We won't self-censor or prematurely terminate this series
Norway Almost Trusts Russia More Than the Bill Gates (Sleeping With Young Russian Girls) Company, Microsoft
Microsoft represents crime
Riddle Us This... (Jim Zemlin and Bill Gates)
Do these people even understand the literal meaning of "safe space"?
Is "Nobel Prize for Peace" a Sick Person's 'Code Word' for Gangbanging Now? Ask Bill Gates.
Watch all the Gates apologists getting all silenced/silent
BBC Gaslights Women Sexually Exploited (Many Under Legal Age) for Its Rich Sponsor, Bill Epsteingate (Gates)
Is this a national broadcaster or a propaganda tool "For Rent"?
Microsoft 'Open' 'AI' Reportedly About to Become Bankrupt, Seeking Emergency Cash Infusion (Loans)
the money promised to Microsoft 'Open' 'AI' failed to arrive
Gemini Links 31/01/2026: Deep Ice and Slide Rules
Links for the day
Writing About Abuse
Never ever allow misogynists to get their way if you strive to live in a decent society
MIT DEDP MicroMasters online learner's blog post about cover-up linked to resignation of Swiss financial regulator
Reprinted with permission from Daniel Pocock
Salary Erosion Procedure (SAP) as the Primary Reason for EPO Strikes
They focus on financials, as the corruption aspects are un-sayable or unspeakable, except in private
IBM Bluewashing: Feels Like IBM is Scuttling Neudesic (and Some of Red Hat)
We recently saw some Red Hat staff joining a Microsoft proxy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 30, 2026
IRC logs for Friday, January 30, 2026
Microsoft Stock Collapsing Due to the Slop Bubble and Microsoft is Hiding Budget 'Black Holes'
Microsoft does not perform like it tells "the media" and "the market"
Gemini Links 30/01/2026: Love and Cultivation, Gemtext Anchors
Links for the day
Will Jim Zemlin Also Sell His Daughter or Only the "Linux" Brand (and Linux Foundation) to Bill Epsteingate?
Torvalds "ate a bug"
The Epstein Files Don't Say the Ages of Those "Russian Girls" Bill Epsteingate Exploited
This E-mail was sent around the time an arrest was made for pedophilia
Only One in 33 EPO Staff Voting on the Strike Opposed It
Kudos to all those who participated in the strike
Still Hoping for "Slop Zero" in 2026
We've also noticed that linuxiac.com shows a glimmer of hope this week
Links 30/01/2026: Waymo Crashing Into 'Small People' (Children), Microsoft at Risk Due to Slop Debt
Links for the day
Amutable’s Management and Founders Are 100% Microsoft!
It'll be focused on promoting Microsoft's agenda in everything it does
IBM Tries to Get Rid of Workers Without Paying Them (and It Appears to be Working)
be sure to speak to people who actually work there
He Has No Money, But He Has Power, He Has a Voice
That's why they envy and attack him
Free Software in Swiss Media This Week
RMS is still going places with his Migros bag (Swiss retail giant)
TV Programs Disseminate False Numbers of Microsoft Layoffs (About 31,000 Laid Off Last Year, Not Including PIPs, Contractors and so on)
large-scale layoffs are inevitable, no matter how long Microsoft delays or procrastinates
Links 30/01/2026: Microsoft's "OpenAI Is Headed For Bankruptcy" and Bitcoin Crashes
Links for the day
Why Would Anybody be Afraid of Talking to Richard Stallman?
We need to get rid of the baseless stigma
Amutable is a Microsoft Proxy Like Xamarin, With Some IBM/Red Hat Staff Added for Good Measure
Amutable chasing money and trying to impose TPM etc. on everybody
The Letter Sent to the Ringleader of the Alicante Mafia This Week
Call for industrial actions to stop the salary erosion of EPO staff
EPO on Strike
organisation operating outside the Rule of Law
Oracle's Debt Exploded by 22 Billion Dollars in 6 Months, the Ponzi Scheme With Scam Altman Was Classic 'Pump and Dump'
The founder of Oracle now uses his wealth for right-wing ideological reasons, nothing else
Facebook ('Meta') is Dead Meat, This GAFAM Company's Debt Exploded by Almost 33 Billion Dollars in Just 3 Months (11 Billion Per Month)
we can expect many sales/contracts to get canceled
Australia's top nurse takes on Musk, Zuckerberg & rogue health influencers, birthkeepers
Reprinted with permission from Daniel Pocock
Affirming What We Already Know: Solicitors Regulation Authority (SRA) is Profoundly Incompetent
"SRA ordered to pay solicitor £50k in costs after failed prosecution"
The "Alicante Mafia" - Part XVI - The Associates of Mr. Cocainegate Don't Want to Talk About Cocainegate (Right of Reply)
Nobody wanted to talk about cocaine at the EPO
The "Open Source" (Corporate Openwashing) Fake Community Rejects Democracy, Open Source Initiative is in Effect Dead
This is basically the end of the OSI
Cracks and Holes in Microsoft's Slop Bubble (Also, Windows is Declining)
"More Bad News For Xbox As Microsoft Blames Gaming For An Annual Decline In Its PC Business"
Microsoft's Debt Exploded by More Than 20 Billion Dollars This Past Year, Says Microsoft
Expect more mass layoffs
Strike at the EPO Today
Next month we'll start a new EPO series
State of the Slop and The Register MS Runs Ads as 'Articles'
Yesterday we could not find much slop about "Linux"
Gemini Links 30/01/2026: Announcing Crossyword and SYN Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 29, 2026
IRC logs for Thursday, January 29, 2026