Bonum Certa Men Certa

EPO Under Benoît Battistelli: Nepotism, Misinformation, Poor Patent Quality, Terrible Working Conditions, and Increase in Prices

Descending to Chinese standards on integrity, quality, and human rights

EPO President Benoît Battistelli and SIPO Commissioner Tian Lipu EPO President Benoît Battistelli and SIPO Commissioner Tian Lipu (even the red flags match). Credit: EPO Web site.



Summary: A look at the ugly legacy of Battistelli, who has turned an Office with international reputation into a 'factory' like the USPTO or SIPO (in China)

THE EPO has not been doing a good job preserving its reputation when it let software patents slip in (from the back door) and later, based on a leaked document, started treating patent applications in a discriminatory fashion and an embarrassing manner. "There is nothing in the EPC which allows the EPO to handle applications differently," wrote this person earlier today.



Based on a lot of sources, some of which chose to do this publicly, EPO 'results' are bunk and some rightly suggest that an external audit of these 'results' is urgently needed. As this little poem put it earlier today:

C ould it be I'm getting pendantic? O r is granting patents so romantic? O ver embellishment of the statistics K nown now for years by realistics E xternal audit,lay the books bare D oes this AC really care?


It might not be enough to do an external investigation into the union-busting activities; the Office as a whole needs to come under outside scrutiny. Moreover, verification of the so-called 'results' is desperately required. Some EPO examiners (choosing to comment anonymously for their own protection) admit that examination quality is poor now, especially under Battistelli. As one person put it earlier today (sarcastically):

Please forgive me if my post is a bit off topic. I have to tell it.

I'm one of the few "fossiles" left in The Hague. Those who started more than 30 years ago, performing searches through mountains of paper and providing both the colleagues in München and our applicants with prior art indicating the novelty destroying "X" documents and the position of the competitors.

Then came BEST, with its holy 14% productivity increase, together with the non-written rule: "Find anything against claim 1, and don't waste your time looking for the other claims." What was passed over is that following this dirty search many applicants were able to restore novelty after the first communication. And so, a new search was then required. At least for those of us having a bit of professional pride left, and of course for free. Farewell state of the art. Farewell complete searches. Cut the corners and hurry up.

Thanks to ISO 9001, the quality at the EPO improved far beyond any hope. Short ago, I've had the traditional new-year meeting with my director. Here is what I learned. Quality millesime 2016 is having no search or examination files in the red list (read "delayed"), no more than 3 published patents older than 6 months awaiting to be classified, no grants from a colleague in the examining division awaiting signature since more than 2 weeks. Highly important matters, as one can imagine. But not for inventors, not for the applicants and not for all those who pay for our work. The content of the search report/search opinion/communication interests NOBODY. Copy/paste an article of the Süddeutsche and it will reach the representative unnoticed. Like a fig leaf hiding the attributes of a horny satyr, our search strategies are now made public. Useless nonsense in terms of quality as only those who want to see can see. And being blind is so convenient for an examiner eager to reach a high productivity. How many times, as chairman, have I seen the sentence "the preparation process being novel then the product is novel too". But thanks to ISO 9001 we are the champions of the world.

Gloria in excelcis Battistelli.


"This all ends up looking less like Europe of old and more like the US," another person wrote, noting:

In my experience, ECFS has resulted in some EPO examiners becoming more and more inclined to take a superficial view of compliance with the provisions of the EPC, and to go for as many "easy wins" as possible.

The result? More patents of questionable validity and, worst of all, more patents with claims that are completely unclear. This means more (and much harder) work, and greater expense, for third parties seeking to clear the way.

This might just be acceptable if the OD was a reliable arbiter, diligently weeding out the dodgy claims that somehow made it through the coarse filter of examination. However, given the number of times that my eyebrows have been raised when reading 1st instance decisions, I don't think that the OD can be relied upon to deliver justice often enough.

This all ends up looking less like Europe of old and more like the US - with a significant percentage of dodgy patents being granted and with 3rd parties being reluctant to challenge due to the high costs and uncertainties involved. Perhaps we can live with that. However, should the management of the EPO really be the ones deciding that this is where we end up? It does not seem the most democratic way of proceeding.


Quality at the USPTO is horrible and it's not surprising that the number of patents is soaring, not because of growth in innovation. China is more or less the same. On the 1st of April (and it's not a joke) the EPO will be increasing fees, in spite of its poor service, as D Young & Co wishes to remind us right now, noting: "Not all fees are increasing and where they are, compared with past rises, the increases are relatively small (2% maximum)."

In short, EPO in its current state of affairs grants patents sparingly, distorts statistics about patents, increases patent fees, treats applications from large corporations as a matter of priority and so on. How can Battistelli tell (with a straight face) to the Administrative Council that he has done an acceptable job? As we shall show later tomorrow, Battistelli is on his way out (high probability as there are already succession plans).

Recent Techrights' Posts

Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
 
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025
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