Bonum Certa Men Certa

Realistic English Translation of EPO Announcement About Crushing of Patent Quality

EPO hogwash



Summary: The EPO's statement which proves Eric Blair (George Orwell) right, carefully rewritten to better explain what Battistelli and his cronies have just done to bring the EPO's status to an all-time low

PUTTING the USPTO aside for a moment, as there is something rather urgent regarding the EPO to respond to (something we explained in the afternoon), consider this truly ugly piece of North Korean-like state propaganda from the EPO (warning: epo.org link and every single sentence is an Orwellian lie, except the sentence which explains what the appeal boards do).



"Once upon a time several examiners looked at each and every application, but EPO patent examiners admit a decline in patent quality and apparently decline/elimination of multi-person participation as well (so Battistelli just keeps lying to the media about it)."It is a shameless pack of lies, so we decided to rewrite it correctly. As a little bit of background, consider the vital role of quality control at any patent office, especially a patent office which strives to have high reputation (in order to justify high fees). Once upon a time several examiners looked at each and every application, but EPO patent examiners admit a decline in patent quality and apparently decline/elimination of multi-person participation as well (so Battistelli just keeps lying to the media about it).

Earlier today the EPO wrote: "How do you find out if your idea is novel? You do it by searching for prior art." Well, "searching for prior art" is exactly what Battistelli is fighting against by compelling examiners to work faster (i.e. more recklessly) and keeping the appeal period shorter, the appeal boards understaffed, and the entire process vastly more expensive to challengers/appellants (i.e. unaffordable/prohibitive to small businesses in particular). So here is the 'corrected' announcement from the EPO:

Greater lenience and reduced patent quality for the EPO’s President



1 April 2016

In a Battistellian decision, his Administrative Council that exploits the European Patent Organisation for free dental care, agreed to send to exile the Boards of Appeal (BoA) in spite of the framework of the European Patent Convention.

Approved with an overwhelming spending on cooperation money to member states, the European Patent Organisation accepted a comprehensive demolition proposal of the Office to strengthen the perception that there is no future for the BoA, in particular by increasing the incentive to seek alternative employment, and to make it hard to receive presidential approval for such alternative employment. The BoA is the body that takes decisions on appeals against decisions of the European Patent Office concerning European patent applications and European patents.

"The decision taken yesterday finally achieves destruction of the EPO's appeal system which wrongly was envisaged for many years. After two attempts of destruction which failed in 1995 and 2004, this is a historic achievement", EPO President Battistelli said. "Increasing both the perception of poor job security and the high cost of the BOA is essential for securing my own job and elimination of the EPO's appeal system and for maintaining its long-term deprecation", the EPO President explained.

Under the demolition plan the current BoA will be restructured into a Boards of Appeal Unit within the EPO managed by a President of the Boards of Appeal - a new position -, who is solely responsible to a Battistelli-controlled Administrative Council and not to Battistelli directly. A newly created subsidiary committee of the Administrative Council, the Boards of Appeal Committee (BoAC), will help bamboozle journalists and politicians. This link between the BoA and the Administrative Council will be at the mercy of a President who blatantly disregards the rule of law.

The EPO President will appoint a crony - probably a former colleague from France or someone who faces many criminal charges in another country - to the President of the Boards of Appeal and therefore maintain managerial powers relating to the Boards of Appeal Unit. The President of the Boards of Appeal will also serve as Battistelli's lapdog, serving as competition to the Chairman of the Administrative Council. The reform moreover aims to increase the cost of the BoA within the next years so that it will be easier to justify closure or perpetual downsizing.

The institutional reform will be accompanied by a vastly less attractive career system for the members and chairmen of the BoA, and a relocation in Munich for the Boards of Appeal Unit with a separated building so as to make it harder to go to work and compel many to quit their job. Moreover, new restrictions relating to post-service employment of BoA members and chairmen take into account the need to make it harder to quit (risk of perpetual unemployment) in order safeguard the integrity [sic] of the EPO's appeal system by preventing any risk of potential conflicts of interest, unlike for example appointment of a friend's wife to a top EPO position in HR.


"To speak plainly," wrote one person earlier today, "there are simply not enough safeguards in the EPC against corruption (or to ensure an appropriate balance of power)." The threat of corruption comes not from ordinary employees. Currently, all the alleged corruption comes from the top-level management, i.e. Team Battistelli. To quote the whole comment:



No, not all of us are EPO employees. But, with the AC seemingly in BB's pocket, what can we do?

In the light of recent events, I fear that only developments outside of the control of the Member States (e.g. an adverse decision from the constitutional court in Germany) could possibly prompt the AC into decisive action. But would we really want it to come to that?

Alternatively, if the media took more interest and thoroughly investigated quite why it is that the AC takes the decisions is does, could the EPO as whole withstand the fallout if clear evidence of votes for cash (or other personal benefit), blackmail or any other illegal activities was obtained? Or would it be even worse if we found out that the reason is that the delegates to the AC genuinely agree with BB's views?

Sad to say that the problem here lies in the fact that the founding fathers of the EPC did not foresee that the president of the EPO might (mis)use the resources at his disposal to effectively ensure that he controls his overseers. To speak plainly, there are simply not enough safeguards in the EPC against corruption (or to ensure an appropriate balance of power). (I should point out that I am not alleging that there definitely are corrupt practices going on here, just that there is nothing in the EPC that could stop them if there were.)

The problem is of course hugely magnified by the fact that the president of the EPO has immunity, and does not believe that he need recognise the jurisdiction (let alone the judgements) of any national courts. So, if the AC will not bring him to heel, who on earth can? I am clinging to the straw that something positive will come out of the court cases in the Netherlands. However, I am not holding my breath on that (as, even in the event of a decision adverse to the Office, no doubt some way will be found to "fudge" the issue and carry on as normal).


Very sad times at the EPO. It's like watching a rogue state whose citizens are stranded. They cannot even escape due to newly-issued sanctions. Eponia has become the new North Korea and Battistelli is its Supreme Leader.

Recent Techrights' Posts

Double-Dipping the Docket for Microsoft Glory and Censorship of Microsoft Critics
same lawyer, same barrister, all US, all Microsoft
IBM: Less Than a Month's Severance for Each Decade of Service
Yes, decade!
The EPO, Europe's Largest Patent Office, Admits Outsourcing to Microsoft Slop
Their sole goal is to make more money
 
Microsoft's "FUD-as-a-Service" (Against Linux) Not Functioning Well
This is the kind of contribution companies like Microsoft and Google have to offer to society
Betanews Becoming a Slopfarm is "Betanews Growing Alongside You", According to Betanews
Their first 'article' in over two weeks is 52% "AI-generated" (slop), 33% mixed (edited slop), 18% human-written, says an advanced scanner.
Coffee Day and LLM Sloppers
The LLM slop "bros" are a lot like fake-money bros; they lie to people, they boast that they lie to people, and they're generally bad people, BS artists in colloquial terms
TheLayoff Censorship of IBM Threads Has Gone Truly Ludicrous
we do not argue that TheLayoff should not cull LLM slop
More Stallmanites Added to FSF Board and Summer Fundraiser Commences
There's some good news from the FSF
Gemini Links 17/06/2025: Consistency and Notes About NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 16, 2025
IRC logs for Monday, June 16, 2025
July 2 2025 Would Not be First Big Wave of Microsoft Layoffs Before Major National Holiday
July 2 or 3 mark the start of a very long weekend in the US
IDG's NetworkWorld Seems to Have Just Become LLM Slop
If IDG (now controlled by China) does that in at least one site, why not the rest? Only a matter of time?
Gemini Links 16/06/2025: Free Lunches and Bookmarklet for Mastodon
Links for the day
Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
Taking a Lesson From Denmark and Greenland? Iceland Shows New Lows for Windows, All-Time Highs for GNU/Linux
If Microsoft sabotages systems of judges at the Hague (in order to appease the insane man who wanted to invade Greenland), why won't its neighbour Iceland take note?
BetaNews Has Just Deleted Its Latest 'Article' or Got Cracked Again and Restored From Outdated Backup Again
BetaNews seems to be in some serious trouble right now
Software Freedom is "Activism" Because the Corporate Agenda Revolves Around Bribery, Deceit, and Betrayal
At the end Software Freedom will win because it's on the same side as truth and lawfulness
Links 16/06/2025: EchoLeak and NASA Teaming up With India
Links for the day
The Better the Understanding or the More Nations Understand the Threat Posed by Microsoft, the Faster It'll be Eradicated
We believe that the thing to advocate is self-hosting and Free software... A lack of simplicity or absence of alternatives is a form of vendor lock-in
A Week of Sunlight
They say transparency is like sunlight to a vampire
"Linux" Sites That Went Astray
there are even worse things than shutdowns
Links 16/06/2025: Climate, Wildfires, Breaches, and Monopolies
Links for the day
Links 16/06/2025: Summer in Finland and Misunderstandings
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 15, 2025
IRC logs for Sunday, June 15, 2025
Gemini Links 15/06/2025: Rainy Season and OpenDocument Format (ODF)
Links for the day
Links 15/06/2025: Military Games, Parade, and Actions
Links for the day
Links 15/06/2025: Windows TCO, Openwashing, and Wars
Links for the day
Gemini Links 15/06/2025: "AI Fatigue and Crappiness"
Links for the day
When Abusive Law Firms (Working for Microsofters Against Us) Assert That Someone Writing in Social Media About Himself is Confidential Information
There was no reason to throw "GDPR" into 2 SLAPPs; they know it, but the goal was to increase the cost of a Defence and lessen the incentive to challenge the SLAPPs
Microsoft Attack Dogs Against Watchdogs and Guard Dogs in Software
Last year Microsofters hired attack dogs or "guns for hire"
Slop Cannot Replace Domain Expertise
All this "AI" hype (it's not even intelligence, it's all a misnomer, as many of us have insisted all along) will fizzle and be written off as a failed experiment
IBM's Fresh 'PIPs' (Action Before Layoffs)
At times like these, even once-reputable employers resort to PIPs and other procedures/tricks for denial of workers' rights
Microsoft is a Problem Not Just for Denmark
Every country should consider what Denmark is doing, why Denmark is doing it, and then do the same
The Slopfarms' Self Detonation
If more sites like BetaNews go under, then maybe we can still salvage some of the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 14, 2025
IRC logs for Saturday, June 14, 2025