Bonum Certa Men Certa

The Chaos in the EPO Impacts Stakeholders

Even the French National Institute for Industrial Property (INPI) is complaining...

Paris, france



Summary: The service at the EPO is quickly becoming unsatisfactory and leads to complaints even from Battistelli's home country

Nearly a week after we published a translation which reveals an upcoming lawsuit against the EPO SUEPO provides its own English translation and adds this second translation of an article mentioned here earlier this week. Amid "crisis" (the word used by Board 28) it tackles a problem which was covered before by Merpel (French workload lowered in priority) and here is the full article in English, complete with quotes from Pierre-Yves Le Borgn'.



European Patent Office backlog causing concern for France



An industrial dispute weighing down the European Patent Office (EPO) is increasingly causing concern for its contracting states, particularly France, where delays in reviewing applications submitted to the institution are worsening.

According to several sources, for the last year, some applications sent to the European Patent Office (EPO) by the French National Institute for Industrial Property (INPI) are being returned with delays of one to two months compared with the usual turnaround time, which could have consequences for patent applicants.

The EPO carries out the "prior art search" for French companies: a comprehensive review of the state of knowledge and technology to assess whether something is a genuine invention, Alain Michelet, President of the French Patent and Trademark Attorneys Institute (CNCPI) told AFP.

Companies have one year from the start of the search to initiate protection procedures abroad. So, the longer the research takes — lately, up to 11 months, compared with the usual nine — the less time the company has to decide, which especially penalizes small entities that do not have the same financial footing and expertise in industrial property as large corporate groups.

What is causing the delays? "Last year the EPO completely overhauled its working procedures", it says, which "may have caused delays for specific user groups." "We are working to put this right and we foresee the delay will be gone in a few months’ time."

Reprisal

But for Yves Le Borgn, the Socialist Party MP for French nationals living abroad, whose constituency includes Germany where the EPO has its headquarters, "it is not ruled out that this could be retaliation" on the part of the institution’s President, the Frenchman Benoît Battistelli, against France, critical of his methods as the head of an institution with a poisonous social climate. Other sources interviewed have the same interpretation.

Does this mean that Mr. Battistelli has given the express instruction to let the French applications slip? "I have no evidence as such, but putting together everything that I have heard, I cannot rule out the idea of a causal link," says Mr. Le Borgn.

Michelet refuses to speak of deliberate delays.

He argues that France is one of the few among the 38 member countries to have the EPO carry out the "prior art search". This is subcontracting work which understandably does not have the same priority for the EPO as reviewing its own files.

>> Read: Benoît Battistelli: Many Apple patents would not have been granted in Europe

Occupying the post since 2010, Mr Battistelli, formerly of the Ministry of Finance and the former INPI chief executive, has been working to reform the institution with its 7,000 highly qualified, well paid employees, who enjoy many benefits including generous welfare and pension schemes.

Battistelli has launched a series of reforms of, for example, career management or sick leave rules.

Demonstrations and strikes

"I don’t want to raise the charges. So the only solution (to stay competitive) is to increase efficiency, which implies reforms", he told AFP recently. "My policy is not to reduce the package of social benefits. It is a policy of developing activities, of cost control and improved efficiency to pay for our social system in the long term."

It is, though, a difficult pill to swallow. The Office has for several years been the arena for social tension punctuated with strikes, demonstrations and alleged smear campaigns. The workers’ union Suepo condemns the "dictatorial" methods.

"There is a small group of people with Suepo at the centre, who resist change", is Mr Battistelli’s analysis.

His successor at INPI, Yves Lapierre, who represents France on the EPO’s Administrative Council, says: "the reforms are necessary, it is important to put them in place, but I do wonder about the methods used".

In mid-March, the Administrative Council of the EPO, which had reappointed Mr. Battistelli in June, asked the two sides to "work to find a solution."

Michelet seeks to reassure. "I have a commitment from Mr Battistelli that by autumn the problem will be resolved."

However, Mr Le Borgn sees a much deeper problem of governance in an organization "which is not sufficiently controlled by its member states."


The above serves to reaffirm something we learned about last year. Citing another French text ("L’érosion de l’obligation, pour les Etats membres, de garantir le droit d’accès au juge au sein des organisations internationales?"), SUEPO quotes an opinion/commentary and states:

See here for a critical commentary Ms. Anne-Marie THEVENOT-WERNER on two recent ECHR judgments that concern violations of human rights in international government organisations. The article is in French.
Résumé

In its decisions Perez and Klausecker rendered on 6 January 2015, the European Court of Human Rights reaffirms its case law derived from the decisions Waite and Kennedy and Bosphorus. However, the way it applies the principles allowing the Court to engage a State’s responsibility for violations of the human rights protected by the European Convention on Human Rights may lead to an erosion of the obligation of a State to protect these rights, as the Court seems to require implicitly their protection to be “manifestly deficient”, including in the framework of the proportionality test developed in the decision Waite and Kennedy. In the end, the Court protects in any way possible the autonomy of International Organisations. This might lead however to the hardly desirable consequence that International Organisations and their Member States are free not to apply the same standard of human rights protection as the Convention offers to acts and omissions of the Organisation – even to Organisations where all Member States are a Party to the Convention.


For all we know, a Munich State Attorney is now pursuing criminal charges against the European Patent Office, so things are about to get interesting.

Comments

Recent Techrights' Posts

LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
 
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding
The Corrupt Lecture the Non-Corrupt - Part XXIV - Luis Berenguer Giménez at the EPO (European Patent Office) Became the Punchline of EPO Staff
"the fact that Luis was caught with cocaine causes laughter. The use of cocaine in itself is not the real shocking bit."
IBM Keeps Culling Essential Linux, Fedora, GNOME, and GTK Staff
Over a month ago IBM laid off over 400 Red Hat engineers
Cisco Cuts Nearly 4,000 Jobs Because of Debt, Nothing to Do With Slop
The media keeps talking about revenue, not profits
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026