Bonum Certa Men Certa

If Battistelli Stayed and UPC Became a Reality, Patent Quality at the EPO Would Get a Lot Worse

Never mind a surge in litigation, often by entities outside Europe

Neoliberalism
For the uninitiated, this is what Battistelli does at the EPO



Summary: The vision that Team Battistelli has for the EPO is an ENA-inspired neoliberal and corporatist vision that would bring the legitimacy of the system down to zero and the European economy to the brink of collapse

THE DAYS OF THE EPO as a world leader are over. Battistelli demolished the Office and he can only rely on his mouthpieces to claim otherwise. He further misleads the public by presenting some numbers from inside the EPO (making claims about itself) -- dubious numbers as one might expect [1, 2, 3] -- and we're supposed to think that everything is fine. It's not. Everything is not fine and Battistelli may be fired next month, judging by his lack of progress on demands from his overseers.



"asically, the patents industry is protesting the changes made to address (tackle/eliminate) poor patent quality in the US."Nevertheless, pro-software patents sites would have us believe that the EPO, with its growing affinity for software patents, is a model of success -- all this while pro-software patents courts in the US latch onto EPO for the purpose of legitimaising software patents. "Constantly changing patent laws are taking a toll on American innovation," one shallow new pieces says, essentially bemoaning decisions like Alice (ended a lot of software patents in the US). Basically, the patents industry is protesting the changes made to address (tackle/eliminate) poor patent quality in the US. Nearly doubling the number of granted patents at the USPTO in a decade? Not enough! They want more! They make money out of it.

“Nice to see that the EPO has stooped to questioning the competence of European patent attorneys, in order to promote its courses...”
      --Anonymous
As longtime readers may know, our original concern about the EPO was patent scope, primarily the expansion to the domain of software patents. According to this new press release, TEVA's patent monopoly is about to be invalidated by the EPO, but it's not a software patent. To quote the announcement: "Jefferies analyst, Brian Abrahams, noted that EPO has released its prelim opinion that TEVA's broad patent claims are not supported by the priority application (are not novel) and TEVA's claims lack inventive step, a positive for Alder Biopharm (NASDAQ: ALDR)."

The sad thing is, if the UPC ever became a reality, the Boards of Appeal would possibly be made obsolete or redundant, making it even harder (or too expensive if not impractical) to challenge bogus patents -- those granted in error. As one comment recently put it:

I understand very well how the examiner's deal with unity - if the claim amendments mean they will have to do some more work, they will argue lack of unity. The applicant will either follow the examiner's line through lack of will to fight or will take it to appeal, whereupon the BoA will roundly criticize the examiner and allow the appeal.


A response said:

I think you mix up lack of unity and the introduction of unsearched subject matter. Having to search elsewhere may not be lacking unity but will refer to the second case.


Battistelli already crushes the independence of the boards (see what was done to that judge), so what future would there be to appeals and external challenges to EPO patents? The EPO is so arrogant and drunk on power. It even insults its stakeholders now.

Having noticed something that we too noticed beforehand, one commenter goes out of his/her way to say:

Nice to see that the EPO has stooped to questioning the competence of European patent attorneys, in order to promote its courses:

"Patent attorneys do not always understand how the EPO deals with non-unity. Discuss here: http://buzz.mw/b15ku_f #searchmatters"

https://twitter.com/EPOorg/status/730712544655097856

So is the idea that we qualified but nevertheless ignorant-of-the-law EPAs should rush to sign up and better ourselves?

I am sure that these courses are useful as continuing professional development, but this tweet certainly isn't a professional way to encourage attendance.


See what the EPO has become? It's totally out of control and one way to stop this is to stop the UPC and get rid of its #1 fan (who now visits nations that consider exiting the EU in order to push the UPC). That's Mr. Battistelli, who has promoted it for more than half a decade in spite of public disapproval (for nearly a whole decade now).

Recent Techrights' Posts

Richard Stallman's Web Site Back Online, But It Seems Like a 2-Months-Old Snapshot
Latest political notes are dated July 2 (2026)
IBM Eliminating Over 20,000 IBM Workers by Year's End, Insiders Claim
the layoffs are silent
 
The Legal Services Board (LSB) Takes on Solicitors Regulation Authority (SRA) for Utter Failures, We'll Resume Our SRA Series to Illuminate How Bad the SRA Really Is
a quick overview of the latest news
Links 04/09/2026: Notorious Patent Trolls' Judge Enters the Private Sector (Corruption, Revolving Doors), Gloria Steinem's Life in Pictures
Links for the day
Gemini Links 04/09/2026: Worries, Upgrades, and CS Students
Links for the day
SPAM Disguised as Benchmark or Comparison: The Register MS "PARTNER CONTENT" is Getting Weirder by the Month
Sites that promote fake 'coins' or pyramid schemes to their audience(s) aren't worth tolerating
PIPs at IBMs are Layoffs Because They're Impossible to Satisfy (or They Terminate Workers Despite Satisfying Them)
What insiders say
In the United Kingdom You Can No Longer Make the Assumption People Use Windows (or 'Smart' 'Phone')
As autumn arrives Microsoft faces a crisis
SLAPP Censorship - Part 171 Out of 200: Talking About Corruption and Violence Against Women
Today the Labour Party (UK) speaks about corruption
Warming Up for Investigative Journalism About the European Patent Office (EPO), Europe's Second-Largest and Probably Most Corrupt Institution in Europe
It continues to exploit diplomatic immunity for impunity
Microsoft Handing Out PIPs by the Thousands, Anxiety in GAFAM Building Up
Years ago I heard from people who pretended to be ill to avoid getting fired
BRICS in the Windows: Brazil's GNU/Linux Share (as Measured by CDN) Has Hit Highest Point in a Month
The largest Web CDN, Clownflare, sees GNU/Linux at 8.1% right now in Brazil
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day
Like Uber, Paypal's Debt Has Shot Up 2.5 Billion Dollars in 3 Months, Now the Mass Layoffs Come to India
even reducing the salaries by offshoring isn't enough to save the company
Microsoft "engineers who aren’t critical are let go" this week/month (silent layoffs)
"stack ranking"
Is Microsoft Trying to Kill What's Left of XBox by Year's End?
How many people will still bother purchasing these consoles by the end of the year?
SLAPP Censorship - Part 170 Out of 200: Downtimes
Yesterday traffic skyrocketed here
The Register MS Publishes More Word Salads Promoting "AI" Because It's Paid to Do So
Hype, name-dropping, and scaremongering
Gemini Links 03/09/2026: Google Maps, Gemini's Early History, and Suppressing Slop Plagiarists
Links for the day
Links 03/09/2026: Unsafe Skies, Thunderbird Adopts Proprietary / Vendor Lock-in Traps, "Xbox Live Down Again"
Links for the day
Growing Thirst for Free Software, the LibreOffice Edition
LibreOffice is in "high demand"
Links 03/09/2026: John Ternus Enters Apple Amid Mass Layoffs, Journalist İrem Delice Arrested
Links for the day
Stallman.org Down Due to Virtual Machines Issue, "Senior Engineers are Investigating the Issue" Since Saturday
RMS site down due to virtual machines issues upstream
Linux Foundation is Plagiarism Hub, Linux is at Risk From It
Torvalds never looked weaker and more compromised
Gemini Links 03/09/2026: Back in Japan, Another New Year, Reasons to Avoid Have a "Smart" "Phone", and Rant About Built-in Batteries
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 02, 2026
IRC logs for Wednesday, September 02, 2026
Identi.ca is Practically Dead, Just Like All Social Control Media (Eventually)
All Social Control Media is a waste of time
Gemini Links 02/09/2026: Intentions, Publishing on Workstations, and Connectivity Standards Alliance (CSA)
Links for the day
GNU/Linux Reaches 6% in Nepal
Today I checked GNU/Linux in Nepal again
SLAPP Censorship - Part 169 Out of 200: Calling People "Nazis"
'Cancel culture' in action
GNU Turns 43 This Month, GNU/Linux Turns 35 Next Year
It seems like no area of computing has not been impacted by the GNU/Linux revolution
Uber Debt Grew 2.5 Billion Dollars in 3 Months, Company Lays Off at Least 10% of Workforce
The media repeats the "official" numbers
Links 02/09/2026: The Machine Stops, AuraSearch, and DOOM 1/2
Links for the day
1-1 Meetings at IBM This Week, PIPs Expected, Maybe RAs Too
As usual, we invite whistleblowers to tell us what's going on
Links 02/09/2026: Germany Blames Russia for Leipzig Airport Drone Attack and China Gains Power as US Faces Humiliation in the Midst of Presidential Cover-up
Links for the day
Quit Talking About "AI Layoffs" and Talk About How Chatbots and Other Bots Broke Recruitment Processes by Cheating
Bots talking to other bots isn't HR; it's a catastrophe
It's Inevitable Anyway, So...
of course blame Chinese Communists for the "anti-AI" messages
Robotics Isn't "Hey Hi", Robotics Isn't New Either
Is the official Arduino blog becoming shilling platform for Qualcomm's "hey hi" [so-called 'intelligent'] chips?
Giving 'Free Publicity' to the People You Hate and Attack
Be careful what you wish for in social control media
Today We'll Focus on Growth of GNU/Linux
We've meanwhile noticed that Clownflare statistics for north American nations show 19% of requests (CDN) originating from GNU/Linux
IBM Secret (or Silent) Layoffs in September 2026
We need whistleblowers
Gemini Links 02/09/2026: GAFAM's E-mail Cartel, ROOPHLOCH 2026, and Homeworlds
Links for the day
Not Only Microsoft and IBM Hide Layoffs (Secret Layoffs) and Fail to Follow the Law (or Bypass It)
Microsoft's tactics are not so unique
People Who Participate in the Slop Plagiarism Pyramid Scheme and the Moral Dilemma (What's Acceptable for a Salary?)
giant pyramid scheme
State of the Slop, Linux Edition
Whether slop about "linux" becomes rarer by the end of this year, well... time will tell
Links 02/09/2026: 'Open' 'AI' (Proprietary Slop Plagiarism) Destroying Evidence, "Data Center Backlash Has Officially Rattled Scam Altman"
Links for the day
Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026