Bonum Certa Men Certa

When European SMEs Make the Mistake of Relying on the EPO's Integrity, Now Want to Even SUE the EPO

And the European Patent Office (EPO) wants even more power with the Unitary Patent?

Sorting ideas



Summary: The EPO's alleged mistreatment of small applicants that actually come from Europe (unlike prolific applicants that enjoy a fast lane and come from outside Europe) riles up even the most important stakeholders and creates a desire to sue the European Patent Office

TECHRIGHTS has mostly focused on the serious human rights violations by the EPO in recent years. Prior to that, software patents in Europe were the main subject of focus and earlier this month, opening the year 2016, we also revisited the gross discrimination against small European businesses. The EPO is not European (in the EU sense); it's an international institution for internationalists, globalists, multinationals or whatever one calls billionaires and their large corporations that are politically connected and often evade tax using all softs of dirty (but legalised by their lobbyists) tricks.

"The EPO is not European (in the EU sense); it's an international institution..."As recently promised, today we start shedding some more light on how small European businesses feel about the EPO. European businesses that actually had the displeasure of dealing with the EPO that is, not some mythical SMEs that the EPO's PR team speaks of...

We wish to start with the following letter, redacted a little in order to better protect various people's identities and cases.

President Benoît Battistelli

European Patent Office

80298 Munich

Germany

Dear M. Battistelli

[redcated]

Further to my letter of [redcated] I have received a reply from [redcated]. I remain gravely concerned about how inventors, in particular individual inventors, are handled by the EPO.

My concern is that European citizens are able to secure the maximum possible Intellectual Property (“IP”) that they are entitled to in the shortest possible time so that economic value is maximised. This cannot be the case if the EPO refuses applications on which the EPO accepts there is patentable IP and if the EPO takes more than 6 years to arrive at this position.

In the case of my [redcated] EPO agreed to grant a patent on the basis of [redcated] as set out in the document [redcated] and that he could review that claim to ensure all IP was included and submit dependent claims. This resulted in submissions [redcated]. The first, [redcated], addressed the omissions and the subsequent filings were modifications to accommodate EPO objections. Contrary to the refusal letter just sent out [redcated] did not refuse [redcated] per se but was seeking the above augmentation (IP omitted and dependent claims) previously agreed. In accordance with the advice of [redcated] in his submission of [redcated] set out revised arguments and the order by which his claim revisions should be reviewed.

[redcated]

Had this review process been followed then, as a very disappointing minimum, there should have been a letter to grant on the basis of [redcated] and not the refusal [redcated].

Not only have the documents not been reviewed as outlined (they have reviewed [redcated]) but your examiners claim there is no [redcated] on file! If the examiners believed there to be no such document why did they not contact [redcated] to clarify the position? [redcated] is on file dated [redcated].

In addition to losing [redcated], your examiners appear to have lost the inventive step agreed at the first oral hearing. As the diagram below shows all the features present in [redcated] have been migrated into [redcated]. How therefore has the inventive step in [redcated] been lost in [redcated]? The text also shows the correction to the structure and addition of the [redcated].

[redcated]

Most troubling of all the issues is the basis on which the EPO has rejected [redcated]. [redcated] outlines this as follows: -

[redcated]

I am gravely concerned because it would appear that the examiners have themselves created a false inventive step solely for the purpose of rejecting claim [redcated]! Taking features in common between inventions then falsely making out that this is the inventions inventive step is clearly a basis by which all inventions could be refused. If this is so there is a very serious affair to address.

[redcated] has [redcated] for an explanation but none has been forthcoming from any of them. This in itself speaks volumes. [redcated] enquiries should be answered as a matter of urgency. The inventive step agreed at the first oral hearing is surely documented on the file. Please could I see this document? I am keen to understand the truth of this matter. I understand [redcated] has a recording of the first oral hearing which, if necessary, will provide definitive answers. Apparently inventive step was discussed for at least an hour.

I find it unacceptable that the EPO should issue a letter of refusal whilst disputed items are still being debated and to do so without first consulting the applicant. The examiners have written off years of work at the stroke of a pen despite accepting there is patentable IP to be had. The only option for [redcated] is further expense and further delay none of which seems fair or reasonable.

Surely it would be helpful in most instances to talk through the issues with the applicants in advance of reviews to ensure mutuality of understanding. I am dismayed that there has been no attempt on the part of the EPO to have any sort on conversation whether by email or conference call with [redcated]. Considering the process involves highly technical scientific and legal points between people of different cultures and languages I would have thought dialogue absolutely essential and by far the easiest way to remove misunderstandings and expedite matters.

Given the gravity of the situation I would ask that in addition to the specific questions raised that require an immediate response that it would seem appropriate that [redcated] file with the EPO be independently reviewed so that lessons can be learned from his experience and his invention can be considered fairly.



"I believe the action of the EPO has effectively stripped me of all economic value of my invention already," told us the person who had been victimised above. "I think the only thing that will get them to sit up and pay attention/change is if they are sued. I am not sure if this is possible and what the risks and costs to myself might be. Have you ever heard of them being sued?"

"The EPO has become just an instrument of power to be habitually misused by people in power without them facing any consequences."As even the Dutch government begrudgingly finds out, this isn't so simple. The EPO cannot really be sued for various reasons (they cannot sue either, but they threatened to sue me in an effort to intimidate and induce censorship). One can find the reasons for their legal immunity/impunity in our past articles. This is in fact one of the more outrageous things about the EPO. They're unaccountable and not liable to anyone.

It must be a thrilling experience working inside Team Battistelli, essentially being a tyrant above the law.

As various different factors serve to indicate, today's EPO is not about invention but about protection or protectionism. The EPO has become just an instrument of power to be habitually misused by people in power without them facing any consequences.

"To us, the moment 8:17 A.M. means something - something very important, if it happens to be the starting time of our daily train. To our ancestors, such an odd eccentric instant was without significance - did not even exist. In inventing the locomotive, Watt and Stevenson were part inventors of time."

--Aldous Huxley

Recent Techrights' Posts

Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
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
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
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
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
 
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
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
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
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
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
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
Hard to Replace 'Human Touch'
The reason many people insist on using GNU
Richard Stallman Gives Talk in 20 Hours at Ostschweizer Fachhochschule Campus in Rapperswil-Jona
The talk is in English
The Slop Companies Gamble at Our Economy's Expense and They Know It's a Losing Bet (So It's a de Facto Robbery)
The crash of this bubble isn't just inevitable, it's already happening and receding sporadically because of false announcements about money that does not actually exist (to "buy time")
Suppressing Speech by Blackmail, the Iran Story
When Debian wanted to stage a seemingly legitimate election it needed to have more than one candidate running; so eventually the female partner of a geek rose to the challenge (had no coding skills at all, no technical history in Debian) and lost to the "incumbent German"
Too Focused on Buzzwords the Media is Paid to Saturate the Collective Mind With
Just because companies do really bad things in the digital realm does not imply "AI" or follow from "AI"
Discrimination and Prejudice Against Female Journalists
we can shame people who attack a reporter on the grounds of gender
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part II - Trying to Put People in Prison for Committing the Act of Journalism
This is abuse of process
Attack on Copyright and Copyleft by Code Conversion Is Nothing New, It Predates Slop (Code Produced by LLMs) by Several Decades
Even back in the 90s many people converted programs from one language to another. That could invalidate copyleft (and copyright), which already existed
Almost a Slopless Weekend for "Linux"
Let's hope slop will come to an end or sites will cease linking to slop
Insiders Explain Why IBM is Dying and the Inherent Culture Problem
There are many ways to shave this IBM cat
Links 08/03/2026: Microsoft Lost $400 Million on "Project Blackbird" and Half the States Sue Over Illegal Tariffs
Links for the day
Links 08/03/2026: Cisco Holes Again and "Blatant Problem With OpenAI That Endangers Kids"
Links for the day
Activism/Journalism in Our Blood
one must fight for one's principles
Gemini Protocol in Its Prime
What's particularly neat about Gemini Protocol is that it's fast and cheap
Microsofters' SLAPP Censorship - Part 6 Out of 200: Intentionally Misnaming Women, People Who Offered to Testify That They Too Had Been Subjected to Similar Abuse
Today it is International Women's Day
Even Fedora Leadership Cannot Figure Out the Microsoft Kill Switch/Back Door, 'Secure' Boot
It does not actually enhance security
Bruce Perens: Richard Stallman "Has Achieved His Goal"
Stallman's next talk is tomorrow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 07, 2026
IRC logs for Saturday, March 07, 2026