Bonum Certa Men Certa

Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner Find the Courage to Express Concerns About Battistelli's Ugly Legacy and Low Patent Quality

A brown envelope



Summary: The astounding levels of abuse at the EPO have caused some of the EPO's biggest stakeholders to speak out and lash out, condemning the Office for mismanagement amongst other things

THE EUROPEAN Patent Office, EPO, is in a very bad state because many talented examiners are no longer there and the Office struggles to recruit talent. Money can buy some reputation, but it cannot bury a legacy of pure evil from Battistelli. Applicants (for patents and jobs) understand, more or less at least, what's going on.



There's only half a month for the crook to still 'lead' (i.e. destroy) the Office before his 'child' António Campinos takes over. Insiders say that Campinos intends to change pretty much nothing. Team Battistelli will remain in tact, protected by Herrnst (Ernst) and the rest of the Administrative Council.

Thankfully, some stakeholders have -- dare we say! -- "unionised" against the Office and have put forth a letter. António Campinos too has received the relatively strongly-worded letter, warning about the damage Battistelli caused (without specifically mentioning Battistelli). A copy of the letter was also sent to Battistelli and Herrnst (Ernst), his 'boss' who did pretty much nothing over the past year, at times even openly denying the decline in patent quality. Remember that EPO staff (about a thousand of them) already admitted a massive decline in patent quality -- a monumental effort to speak about it without risk of retribution.

Leading German patent law firms grew tired of the abusive and corrupt administration; we appreciate that, but why did they wait until a fortnight before Battistelli leaves? Is Campinos the main target audience of this letter? He's indebted to Battistelli who gave him the job (or cemented the candidacy), so we very much doubt it'll have an effect on him. "Each year our law firms file more than 9500 patent applications with the EPO," said the authors of the letter. Will they consider reducing that as deterrence against the EPO's bad policies? They make some solid points; for example, the fifth point: "If the users of the European system gain the impression that granted EP patents cannot be relied upon anymore due to insufficient search and examination, the users may increasingly be discouraged from filing European patents. This might unhinge the entire patent system."

They also say "in contrast to an industrial company, we cannot see why the profit of the EPO needs to be increased beyond the level of self-funding."

Don't worry, Battistelli pockets the spare cash.

Here's Kluwer Patent Blog's introduction to the letter, which it posted this morning:

Four leading patent law firms in Germany – Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner – have published an open letter expressing ‘great concern’ about the developments at the European Patent Office, particularly ‘the modifications to the incentive systems for the examination of patent applications’.

The ‘overreaching desire for high productivity’ has led to a series of problems, according to the letter, which is directed to outgoing EPO president Benoit Battistelli, the chairman of the Administrative Council Christoph Ernst, principal director user support & quality management Niclas Morey and future EPO president Antonio Campinos (who will start in office on 1 July 2018).

Among others, the firms write that when ‘the aim is to terminate proceedings as quickly as possible (…), the quality of the search and examination of applications must suffer’. The rather high fees, moreover, ‘can only be justified by giving the examiners sufficient time for an indepth assessment of each single application’. Patents with an erroneous scope of protection distort and hinder economic competition and might unhinge the patent system, they write.

More broadly, the law firms question the enormous financial reserves of the European Patent Office, amounting to 2.300.000.000 euros, 650 million euros to fund the pension scheme not included: ‘in contrast to an industrial company, we cannot see why the profit of the EPO needs to be increased beyond the level of self-funding. From our perspective, the high surplus is rather an indication that the fees are too high and that a further, problematic increase of productivity is not appropriate.’

The full text of the letter is published below.


SUEPO has already taken note of this letter and the first comment says: "I can only applaud the companies involved in writing this letter. I could not agree more with the concerns that it expresses. I can only hope that the incoming president realises that the concerns expressed cannot be easily dismissed… not least because the unprecedented nature of the letter indicates that the authors must be very concerned indeed."

SUEPO then gets mentioned by "Save the EPO from destruction," whose message says:

MANY THANKS for this brilliant initiative.

By the way the content of the letter could be taken up by SUEPO as-is!

Indeed SUEPO (which represents half of EPO staff) denounced since years (so far to no avail) the dangers of Battistelli’s policies (for both the quality of the patents delivered as well as on health of staff)…

and the Administrative Council remain passive.

It is 5 to 12.

In a few weeks, Mr Campinos will arrive in an exhausted office which cannot continue on this path much longer before collapsing.

Let’s hope that Mr Campinos will understand the poisonous legacy he inherits from his predecessor and in particular, that he has to be very cautious with the teams in place who are directly responsible for this debacle (in particular in HR, and DG1) since something must be done asap to restore both the social atmosphere, the reputation of the EPO AND the quality of the work performed.


Where were these law firms 4 years ago when SUEPO sounded the alarm? Or when the EPO banned (blocked) our site, in effect attempting to muzzle its own whistleblowers? This corrupt EPO management has killed the goose for a few remaining golden eggs; work is (pretty soon) running out, which means that the Office is imploding (with layoffs still expected). We have thus far found only one article about it. IPPro Patents wrote:

Four German law firms have penned an open letter to the European Patent Office (EPO), expressing “great concern” over recent developments at the EPO, specifically the ever-increasing work targets at the office.

The law firms Grünecker, Hoffmann Eitle, Maiwald, and Vossius & Partner wrote that “the incentive systems and internal directives appear to be increasingly directed towards rewarding or even requesting rapid ‘termination’ of proceedings and a correspondingly higher productivity”.

The letter said that this has resulted in penalisation of detailed and thorough assessment of cases.

It said that while the law firms do appreciate the increased speed, such “overreaching desire” for high productivity has led to a range of problems, including issues of quality, scope of protection and inadequately assessed patents.


Now is the time to carefully check which so-called 'IP' site covers the matter (letter) and which ones deliberately ignore it like IP Kat (controlled by Team UPC elements and patent maximalists nowadays).

Recent Techrights' Posts

What Ruben Amorim and Stefano Maffulli Have in Common
Censors Wikipedia and Social Control Media
Microsoft Won't Cooperate in Trying to Tackle EPO Corruption (Microsoft Profits From This Corruption)
Use something like BigBlueButton, Jami, Ring, and Jitsi instead
We Are Sad to Hear the Story of Jonathan Riddell, Champion of KDE and GNU/Linux on Desktops/Laptops
I have enormous respect for Jonathan and everything he has done
 
Complicating Things for No Actual Benefit, Just Added Risk and More Difficulties Adding GNU/Linux and BSDs
Watch what it's like for people who wish to use BSDs
Some Very Large IRC Networks Are Growing
IRC will turn 38 next year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 15, 2025
IRC logs for Monday, September 15, 2025
Links 16/09/2025: Autumn Party, RPG Planet, and Optical ROOPHLOCH
Links for the day
Geminispace Growing at Pace of Over 10% Per Year
Contrary to what some pessimists try to claim
Linux Mint Forums Today: Disable 'Secure Boot', It Doesn't Improve Security, It's Just a Microsoft Obstacle to GNU/Linux Users
They also mention MOK
Solved Less Than an Hour Ago: Trying to Escape Windows, 'Secure Boot' Gets in the Way
'Secure Boot' wasn't meant to even exist in the first place
Stefano Maffulli, Executive Director of the Open Source Initiative, Resigns or Gets Removed (We'll Continue Covering OSI Scandals)
A dozen mentions of "AI", not much about "Open Source"
Andy Has Just Nailed It (Regarding Complexity and Failure, a la UEFI)
The users no longer own or control what they buy
Compatibility Support Module (CSM) Versus GNU/Linux Simplicity
what Andy recently called "solutionism"
Links 15/09/2025: "Postal Traffic to US Down by Over 80%" and 'Smart' Spinozacampus Laundry Room Goes AWOL
Links for the day
Gemini Links 15/09/2025: Dungeon Hustle and Deleting Oneself From the Net
Links for the day
Breach of EPO's Duty of Care or Cigna Reimbursement Issues
This is the sort of thing that motivated Luigi Mangione to assassinate a CEO
Ask Ubuntu About "Secure Boot" Violation and Laptops That Don't Boot GNU/Linux
Does anyone still believe that "Secure Boot" has anything at all to do with security?
Talking About the Problem vs Talking to the Problem
Wanting an audience is never a good excuse for compromising one's values and principles
Focusing on Patents
The reason we cover the EPO so much is that it's close to home
"Secure Boot Violation": The 'Joys' of Fake Security Gone Wrong
Not everyone reboots every day
Links 15/09/2025: Russia Invades Romanian Airspace, Penske Media Sues Google Over LLM Slop
Links for the day
Links 15/09/2025: Bitcoin ATMs Scam and "Conservative Cryptography" (Backdoors Fantasies)
Links for the day
EPO Imitates Microsoft: "Three Days or More Per Week" Inside the Office to Get a Desk to Work on; "the Office Breaches Its Promise Towards Staff and Acts in Breach of Its Duty of Care"
The EPO serves no actual function in Europe
Links 15/09/2025: Political Affairs, Censorship, and Copyrights
Links for the day
Gemini Links 15/09/2025: Music Genres, Invisible Networks, and Akademy 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 14, 2025
IRC logs for Sunday, September 14, 2025
Satya's Plan B: Try to Hide the Massive Extent/Scale/Scope of Microsoft Layoffs
fewer people buy Microsoft
Red Hat News About De Facto Mass Layoffs (Bluewashing) Gone From Reddit (Censored by Gatekeepers), Still Online in The Register
With RTOs, PIPs, relocation etc. expect IBM to "shed off" many Red Hatters
UEFI "Secure Boot Doesn’t Play Nice at the Moment"
UEFI "Secure Boot" does not improve security. It's an artificial obstacle in service of monopoly.
Gemini Links 14/09/2025: ROOPHLOCH, Music, and Reddit
Links for the day
If You Want to "make your 'Windows PC' lean, mean, and fast" You Will Install GNU/Linux or Some BSD
That kind of article says a lot about IDG
Slopwatch: Google News Infested With Slop (About Half of the Results for "Linux" Today)
This is the sort of junk one finds when looking for "Linux" in Google News these days
Links 14/09/2025: Ricky Hatton Dies and McDonald's Declares War on Tipping Culture
Links for the day
Links 14/09/2025: Disasters for CEOs Obsessed With Slop and Slop Companies School Like Fish
Links for the day
"Bad Shim Signature" (Microsoft 'Secure' Boot)
"Fresh install not booting"
What Microsoft Garrett and Microsoft Lunduke Have in Common
Similar tactics, different "wings"
Links 14/09/2025: US "Economy Sagging", "Michigan Economy Wobbles From Tariffs"
Links for the day
Gemini Links 14/09/2025: Minimalist Snippet Manager and Omarchy Linux
Links for the day
The Face of the Digital Far Right: Microsoft Lunduke
Microsoft Lunduke is an online extremist that belongs to and panders to the far right
20 Years Later and Academia Isn't the Same
"I never dreamed of being a professor"
'Cancel Culture' by the Right: Microsoft Lunduke Contacts People's Employers Trying to Get Them Fired
Microsoft Lunduke panders to extremists online
"Bad Shim Signature"; So 'Secure' That It Overrides Users' Preferences and Turns Itself Back on (Coercive Measure)
This was a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 13, 2025
IRC logs for Saturday, September 13, 2025