Bonum Certa Men Certa

EPO's Patent Invalidity and Low Patent Quality Issues Get the Attention of Christian Wichard (Deputy Director General at Germany's Federal Ministry of Justice and Consumer Protection)

J. Christian Wichard, Deputy Director General at Federal Ministry of Justice and Consumer Protection

Summary: Thomas Magenheim, who has been writing about the EPO for about a decade already (also earlier this summer), publishes a new article which reveals that the Ministry of Justice in Germany gets involved as António Campinos refuses to talk about quality/validity issues as discussed by IPQC; loads of fake (invalid, bunk) European Patents are being granted

THE culture of overt corruption and terror at the EPO began with Benoît Battistelli, a white-collar criminal and despot who basically "arranged" the job of his successor, a man who refers to himself as "the f***ing president". These people are definitely not qualified to run the Office, yet they steal and then occupy top positions, even in the EU (EUIPO has just been seized by another member of their clique after intense interference).



Today's EPO grants European software patents using buzzwords and worse means. The only thing it judges is money, even if unlawfully obtained. It is a notorious process of financialisation. It leads to ruin.

There's a new article this month and the staff union uploaded an automated translation. We reproduce it below as HTML/plain text/GemText, noting deficiencies like examiners becoming "auditors".

EPO RND article: „Die Kasse muss stimmen“: Warum das Europäische Patentamt in der Kritik steht



Here is a translation:

Two examiners unpack

RND: "The cash register must be right": Why the European Patent Office under criticism



The European Patent Office has been criticised for quality problems. Now two examiners have come clean and confirmed deficiencies. The Office is stonewalling - and the Ministry of Justice is calling for dialogue.

Thomas Magenheim

Munich. The man presents his official identity card for the European Patent Office (EPO), which identifies him as a patent examiner. Like a colleague, he wants to remain anonymous because, according to internal regulations, examiners are not allowed to make public statements if that could damage the reputation of the office. What the duo has to say is quite capable of doing that. "The seeds are sown," says one of them. He is referring to the consequences of a new appraisal and promotion system introduced in 2015 that encourages examiners to work through as many cases as possible. Cases are patent applications. Those who process many applications get many assessment points. The more of these points an examiner manages, the faster he rises and receives more salary. "Our quality problem is structural", emphasises one of the two auditor.

His colleague confirms this, and with it criticism of the IPQC. This is an initiative of major industrial applicants at the patent office, with Siemens leading the way on the German side. Bayer, Nokia and Roche are also involved. IPQC complains that the office is having patent applications examined ever more quickly and thus more negligently. The result i s that patents contested in court are less and less likely to b e upheld, which can cost alleged patent holders a lot of money. The office itself has not yet publicly commented on the criticism.

It has always denied quality problems to IPQC until recently, say industry representatives.

In contrast, the IPQC's criticism has been registered without surprise among its own auditors. "This was to be expected," says one of the two auditors. It was only a matter of time before quality problems began to show through, since the audit time has been getting tighter and tighter for years. "The money has to be right," adds the other examiner. However, the office collects fees mainly when patents are recognised. Revenues per grant therefore have priority.

Auditors had already feared the resulting quality problem eight years ago and addressed it internally. "The management doesn't see it that way and sees us more as a nest-destroyer," says an auditor who has been working for a good 20 years and has a lot of experience.

The office is also stonewalling the IPQC. Since February, it has refused to provide data requested by the initiative on patent granting practices. It has also refused invitations to a round table or a public discussion at the Osnabrück Patent Days this May, where all the problems could have been discussed. All this can be seen in a letter from the IPQC to Epa head Antonio Campinos from the end of June. It also shows that the leadership no longer wants to talk to IPQC, as confirmed by those involved.

The office and its critics

The European Patent Office, with its headquarters in Munich, is not an EU authority, but a supranational organisation to which 39 European states have joined. Each of them is represented in the Administrative Council with one vote, regardless of the patent volume of their countries. San Marino has one vote, as does Germany. Patent fees also benefit these 39 states proportionately. For many smaller ones, they represent an important budget item. They are interested in many patent grants. The IPQC industry initiative provides facts for criticism. From 2018 to 2022, the number of patent applications increased by a tenth, but the number of examiners fell by 8 per cent. The rate of accepted patent applications grew from 61 to 71 per cent from 2015 to 2021, while the processing time per patent application was halved. By comparison, major applicant Siemens needed a good third more time to formulate a patent application. Well over half of the contested patents were recently withdrawn in whole or in part.

No one is served by mass instead of class

In the meantime, the dispute has also reached the Epa Administrative Council as the supervisory body of the office. The German representative on the board is Assistant Secretary Christian Wichard from the Federal Ministry of Justice. "The IPQC is known to the ministry," it writes in response to a question. It is important, he says, to grant a patent that will last as far as possible if it is legally challenged. "No one is served by a merely quantitative approach that prioritises the number of patents granted," the Ministry of Justice emphasises.

The Administrative Council is very aware that the quality of patent granting is of great importance and that quality deficiencies would be very problematic for Europe as a location for innovation, it continues, and urges constructive dialogue with the IPQC. The commitment of the industry initiative is to welcome.

With its attitude of refusal, the office obviously sees things quite differently. From now on, alleged quality problems will only be discussed within Epa and in the Standing Advisory Committee, which is made up of representatives of the notifying industry. The Office refuses to discuss the matter separately with the IPQC, according to people familiar with the matter.

However, the critical major notifiers do not want to let up, and have now also sought contact with the German Epa Board of Directors, Wichard, and thus political support. Judging by the statements of the Federal Ministry of Justice, there is. Germany has always emphasised the importance of patent quality in the Administrative Council and suggested that the Office and IPQC try to find solutions in dialogue, it explains. It is important that the Office and users "remain in serious dialogue and that no hardened fronts emerge". But that is exactly what it looks like at the moment.


The Office has long cared more about how it's perceived rather than the legality what it is doing. Germany, in general, takes the back seat. The German government benefits from the EPO being located mostly in Germany, so it's not likely to uphold the law. In fact, as we showed years ago, the Ministry of Justice in Germany went out of its way to promote the illegal and unconstitutional Unified Patent Court, which really said a lot about its attitude towards "justice".

The German government must understand that this nonchalance means tolerance of crime. It means erosion of trust in the German government and -- by extension -- in the EU. This is good for nobody, not even for Germans. Who benefits from all this? Probably the far right. ⬆

Recent Techrights' Posts

Linux is Not Controlled by Linus (Torvalds)
Torvalds has become "90% marketing hype"
 
Bluewashing as a Form of Silent Layoffs
IBM will continue to shed off loads of workers while its debt climbs
Turning 20 in 2 Weeks and Upcoming Network Maintenance
That ought not interrupt our anniversary
Microsoft Shutdowns Accelerating, More Shutdowns Revealed (Not Connected to Gaming)
Silent layoffs disguised as "voluntary" "exits"
Links 24/10/2026: Microsoft Blackmail and Lingering Unrest in France:
Links for the day
Gemini Links 24/10/2026: From Bendigo to Kerang, Enshittification of Radio and Music in the UK
Links for the day
Red Hat Sinks With the Blue (IBM) Ship
As IBM's debt continues to soar so do the silent layoffs
The "No Pain No Gain" Expectations in Publishing
Sometimes truth hurts; but that does not mean it mustn't be told
Intercontinental Brigading - Part XIII - Censorship by All Means Available in a Continent So Far Away, as 'Secure' (Restricted, Restriction by Microsoft) Boot Has a Crisis of Legitimacy
it's about America controlling sites and computers everywhere
Links 24/10/2026: Oligarchs Already Buy US Elections, GAFAM Front Group "EFF" Speaks of "Vulnerability Apocalypse"
Links for the day
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026
As Usual, Late on a Friday XBox (Microsoft) Releases Evidence of Its Demise
We covered several such Friday announcements earlier this year
Gemini Links 24/10/2026: Break/Fix and OpenStreetMap
Links for the day
Links 23/10/2026: Slop "is Scaling Transnational Repression" and Infringement and DMCA Suits Against Suno/Anthropic (Plagiarism Blenders)
Links for the day
More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026