Bonum Certa Men Certa

Under Battistelli's Regime the European Patent Office is Rapidly Rotting

...And by trying to hide it from sight, the circle of Battistelli only makes things a lot worse

Dead tree



Summary: Technical problems, patent maximalism (in a desperate effort to artificially elevate patent-related figures) and other serious issues observed inside the European Patent Office (EPO)

AS of this morning, says the EPO's PR team, Team Battistelli welcomes another Frenchman to a top EPO position, reinforcing an observation or a trend of entyrism/coup d'état in slow motion*. It's one among many EPO problems. "The Chief Economist unit of the EPO," says this announcement, "was set up to provide economic insights into issues relating to patents, innovation and economic growth. It aims to contribute high-level expertise and analysis to public and expert forums and to foster well-informed debate. Its studies on the economic and societal aspects of patents in Europe have been commended as providing important evidence to the public."

This is hogwash. The economic value of an overly permissive patent system (which the EPO rapidly became) is negative. Some people who leave anonymous comments definitely notice the decline of quality at the EPO and this morning one person wrote:

Just took a peek at the UK file to see what happened in this case. Notes state:

"04 February 2015 Application for amendment under Section 75 before the court filed on 25 September 2008 (HC07 C01905) 04 February 2015 Entry of 04 February 2015 entered in error."

Appear the UKIPO want to be more like the EPO, making errors.


Battistelli does not even recognise such problems, including grants of invalid European patents (EP), including software patents in Europe.

With brain drain being reported to us (we covered this before on numerous occasions), a lot of things are rotting at the EPO these days, not just EPO buildings (a subject we shall leave for another day). Based on the initial tweet of the PR team (full context in [1, 2, 3]), the EPO did not even know Espacenet had been down until clients complained and a response was sent this morning. Technical incompetence such as this motivates some applicants to even consider suing the EPO, as we showed over the weekend.

Just before the weekend the EPO published an article only in German (about Mr. Fischer, who is German), "peddling patents-as-a-metric," as one of our readers put it, citing this propagandistic article as an example. The number of patents does not say much. See how the USPTO doubled the number of granted patents in just a few years. Edison, a bogus legend, wasn't an innovator but a businessman, an aggressor, and some say a patent troll (we covered this several times in the past). Patent offices are making a myth out of him, like Columbus (who didn't discover anything, he merely invaded places that were already occupied by people, making him a raider).

Over at IP Kat, where many commenters are examiners and patent lawyers, there was this interesting discussion about patents as a tax. It started with this comment:

Remember that patents are a type of tax. The member states ceded this sovereign tax-raising power to the EPO on condition that the EPO render a share of the tax revenue back to them. The fact that the EPO is the first supranational tax-raising organ in Europe has largely escaped public attention so far. However, if the current bunch of misfits continues to drive the EPO into ignominy, it will only be a matter of time before the media (not least in the UK) wakes up to the fact that part of our sovereign authority is now under the control of an expensive, self-interested organisation managed by a nepotistic cabal under a despotic Enarque. The political fallout from such public scrutiny could be significant. And if it does come to this, then the Administrative Council will disown Battistelli and his cronies pretty smartly.


Here is a response to it:

Thinking about the statement "Remember that patents are a type of tax."

I am reminded of how easy it is to twist a meme.

In this "tax" meme, who, exactly is being taxed?

Those with "anti-patent" feelings will try to twist the meme into an answer to this question being society itself - but that is just NOT the case, as the actual answer is that those being taxed are the innovators who chose to use the (optional) patent system.

There is no tax on society, given the premise that a patent right is given as quid for a certain quo.

Sorry for the interlude - now back to the "grift" of EPO leadership.


And finally there's this:

Society at large is indeed highly concerned by the patent costs and the way patent fees are distributed to member states. Albeit patent fees are paid directly by patent owners, it seems a bit naive to think they are not reflected in the products sold on the market: whenever we buy a smartphone or a car, a portion of the money we pay for it covers patent costs. Society thus undoubtedly pays for patents, and its contribution actually amounts to a hidden consumer tax, which socially is far less just than an income tax.


It is nice to see that not everyone falls into the EPO's self-deluding myth that economic value comes from patents irrespective of their scope. The EPO now operates like a corporation just trying to maximise everything (for short-term gains) and leaving the European public to deal with the externalities. ______ * Coup d'état is a French term. Very apt given the situation at the EPO these days.

Recent Techrights' Posts

Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
The corporate media intentionally disregards - or merely turns a blind eye to - such data
Rumour: IBM Layoffs in Canada Starting Tomorrow
"RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
Debunking False/Misleading Statements Made or Told to the High Court
People who try to cheat the system by gaslighting judges will end up discrediting themselves
Fear, Uncertainty, Doubt (FUD) by LLM Slop
The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
This Month's Analytics Show Vista 11 Down, GNU/Linux Up
After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
Almost Fully Caught Up
The EPO series will continue very soon, maybe tomorrow or on Tuesday
Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025
Linux.com is Becoming Microsoft
They took a once-reputable site with a vast audience and turned it into a pile of trash
Microsoft Lunduke: People Pointing Out I'm a Bigot is a Badge of Honour
It's almost as if he openly admits being a troll and is proud of it
Oracle's Debt Continues Rising to All-Time Highs, The "Slop Bubble" is a Smokescreen for Larry Ellison
wishful-thinking bubble waiting to implode completely
News on the Web is Becoming Rare, Shallow, and Difficult to Find
To efficiently and rapidly find original and important news without underlying comprehension/understanding of the news (and its context) is a hard task
Slopwatch: Linux Journal, Serial Slopper, WebProNews, and More
getting back into the habit
The Cocaine Patent Office - Part III: European Patent Office Officials Cannot Claim False Identification
Corroborating with other sources is always desirable if possible. We shall do so later in this series.
Facebook's Debt Leaps to Over 51 Billion Dollars
A lot of this is a bubble, aside from the bubble the media irresponsibly dubs "AI"
Still Catching Up, Daily Links a Top Priority
Readers who have additional information about the EPO can send it along to us
3 Days Ago Over at Tux Machines...
GNU/Linux news
Links 01/11/2025: "Americans Are Defaulting on Car Loans at an Alarming Rate" While Many Left to Starve (SNAP)
Links for the day
Gemini Links 01/11/2025: FIFO and Gemini Age Survey
Links for the day
Why Does German Media Protect the EPO From Accountability for Cocaine?
Can we trust such media to properly inform the public?
Most of This Month Will Deal With EPO Scandals
A timeline of sorts
Links 01/11/2025: Microsoft Azure Goes Offline Again
Links for the day
Links 01/11/2025: Microsoft Distributes Malware Again, Radio Free Asia Shut Down by Dictator
Links for the day
November is Here, Anniversary Party This Coming Friday
Expect this site to return to its normal publication pace either by tomorrow or Monday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 31, 2025
IRC logs for Friday, October 31, 2025
Gemini Links 01/11/2025: Synergetic Disinformation and Software Maintenance
Links for the day
IRC Proceedings: Thursday, October 30, 2025
IRC logs for Thursday, October 30, 2025
IRC Proceedings: Wednesday, October 29, 2025
IRC logs for Wednesday, October 29, 2025