Bonum Certa Men Certa

Decline of Patent Quality at the EPO to Further Exacerbate With Latest Crackdown on Appeal Boards

Highest quality is lowest cost
Reference: Highest quality is lowest cost



Summary: Rather than emphasise and maintain quality control at the European Patent Office, the Battistellites seek to maximise the number of granted patents and rely on false claims

THE PATENT quality (not so-called 'production') at the EPO used to be the pride of Europe. Growing up in Europe, many people learned about famous European patent examiners such as Albert Einstein (pre-EPO era). Some of the strongest companies worked hard and paid a lot of money in an effort to be granted European patents (EPs), which were quite reputable around the world. Some of the brightest scientists examined applications in tandem/parallel and determined whether or not an innovation or claimed invention was indeed novel and would have courts agree upon challenge (high certainty of eligibility, quality, and novelty). These are the "good ol' days" of the EPO.

"Some of the strongest companies worked hard and paid a lot of money in an effort to be granted European patents (EPs), which were quite reputable around the world."Based on this evening's (GMT) press release, errors in examination continue to be found. An alternative headline for the "news release" [sic] would be: "EPO erroneously granted a patent again. Reinforcing claims of decline in examination quality."

Not too long ago somebody sent us an insider's account regarding patent "production", ECfS (Early Certainty from Search), Priority 1 (in the queue), the so-called "Paris criteria" and more. It helps confirm what we have been writing here for months if not years, namely that there is a massive decline in patent quality the and this gets more irreversible the longer Battistelli stays. To quote:

Once upon a time, EPO examiners were largely free to organize their own work. It was clear that EPC and PCT time limits were to be observed and that replies should not be laying waiting for years, but otherwise things were left to the good judgment of the examiner. That has changed dramatically. Now each examiner has an electronic cupboard in which files are arranged following some obscure algorithm and deviation from the strict order foreseen is considered a crime to be punished with a bad note for quality. Last year the priorities were apparently mainly set according to the “Early Certainty from Search” program. Apparently this year reaching the “Paris criteria” has been added as a new objective. There are further constraints on the examiner and some of those may clash. There is e.g. the total number of “products” to be achieved in a year and the ratio of searches and examinations to be maintained – all this in a situation that is not necessarily under the examiner’s control. In technical areas with a low search backlog maintaining the “ideal” search / examination ratio may not be possible, and total production is equally likely to suffer.


Last night we showed that Team Battistelli (the HR wing) lies about recruitment. It is making up for lack of quality (of examination) by throwing more unqualified or inexperienced examiners at the task, paying them less and offering them fewer incentives to do a good job. "Workforce planning," as an insider put it, seems to involve "lowering recruitment standards" and "5-year contracts for examiners have also been considered, to be renewed only once" (damaging to work security and experience).

According to the following, "face-to-face technical interviews done by DG1 have recently been replaced by Skype interviews" (here again EPO administration sucks up to Microsoft with spyware endorsement). To quote the broader version of this insider account:

In a recent DG1 internal message, PD11 has asked staff to help the Office recruit more examiners in order to create the over-capacity in DG1 needed to work off the backlog and to meet the Paris criteria for search and examination. The question arises as to how the capacity will be brought back to normal once the backlog has melted. We suspect that the preferred option will be through “incentivised” retirement of senior examiners considered too expensive - incentivised through pressure and threat. The other option will be dismissal for professional incompetence. To facilitate the process of firing unwanted staff, the Office has submitted a document to the GCC that would take dismissals for professional incompetence out of the hands of the disciplinary committee and make it a “managerial decision” by the President after receipt of a majority opinion delivered by a newly-created “Joint Committee”. That cuts two ways: the procedure will become easier and quicker, and the time needed to challenge the decision will double because decisions taken after a disciplinary procedure can be (almost) directly taken to ILO-AT whereas managerial decisions need to go through the Internal Appeals Committee first. Under the circumstances probably not many of our colleagues will be convinced to recruit their friends to the Office. The apparent solution: lowering recruitment standards. The face-to-face technical interviews done by DG1 have recently been replaced by Skype interviews. Only the “psychological” interviews, done by the HR department, are still held in the Office. Apparently DG4 (HR) and not DG1 ultimately decides who will be hired or who will not. This clearly shows the Office’s new priorities, and who is the boss here. 5-year contracts for examiners have also been considered, to be renewed only once. After protests from DG1, DG4 backed off from that plan, but the recent staff changes now list all entrant examiners since 1 May 2016 as “contract staff”. Furthermore, the question remains whether a recruitment process that pays more attention to the psychological – generalist - profile considered desirable by HR than to the technical skills required in DG1 will allow the EPO to maintain the high level of quality that made the Organisation a success.



The ENA mentality of Battistelli would ruin the Office and leave it in an irreparable state. Paying millions of Euros to PR agencies, media companies and silly lobbying events will get harder when applicants become unwilling to pay for low-quality patents. At the same time, Battistelli is biasing if not destroying the appeals process in the name of so-called 'production' (measured using a misguided and wrong yardstick which assumes more patents would mean "better", linearly). Hours ago someone left the following comment about Battistelli's plan to send appeal judges to 'exile' (the EPO lied about it under the banner of "news"). "In summary," says this person, "I still think that this is bad reform that in many respects decreases the independence of the Boards."

Here is the full comment:

I referred to the amendments made during the last AC meeting, which, as I understand are those highlighted CA/43/16 Rev.1.

You refer to two points: the drafting of the Rules of Procedure and the involvement of the users in the BOAC.

The first point is dealt with in the new Rule 12c EPC, which, contrary to what you say, does not seem to have been amended at all during the Council.

In respect of your view that the Rules of Procedure would be drafted within the Boards, as present, it seems to be based on a superficial reading of the text.

Old Rule 12(3) EPC said that “The Presidium shall adopt the Rules of Procedure of the Boards…”. The new Rule 12c says “On a proposal from the President of the Boards of Appeal and after the President of the European Patent Office has been given the opportunity to comment, the Committee set up under paragraph 1 (BOAC) shall adopt the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal. “ Thus you see that the President of the Boards can only make a proposal but the adoption, i.e. the formulation of the final text, has been moved from the Boards to the BOAC after giving the President of the Office (which was previously not involved at all) the opportunity to comment. That is clearly a step in the direction of less independence.

In respect of the involvement of the users, it is true that the proposal has been amended to say that the BOAC “carry out, where necessary, user consultations on matters of direct concern to users, such as proposals to amend the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal. “ But given how the opinions voiced by the users in the last consultation have not been into account, that is what I call a cosmetic amendment.

In summary I still think that this is bad reform that in many respects decreases the independence of the Boards. The fact that even worse reforms could and have been proposed is not a good reason for passing a bad reform. The members of the Council were right when they initially rejected it and I wonder on the basis of which deal struck behind closed doors they finally accepted it.


Patent offices live or die (or set their prices) based on demand and based on quality of examination. Unless ENA doctrine is elbowed out of the EPO, prices will have to drop (to maintain a level demand), just like recruitment standards fell, in a desperate effort to fill up the vacuum amid EPO brain drain.

Another fearsome outcome of all this -- one which more directly impacts everyone in Europe -- is that many low-quality patents would be granted, which would then pass all the costs to externalities like the European public, compelling small businesses which cannot afford going to court to just pay patent aggressors who fooled/tricked inexperienced EPO examiners (those recruited by the likes of Bergot) and faced no opposition from Battistelli-fearing (and understaffed) appeal boards whose cost virtually quadrupled so as to discourage appeals.

Recent Techrights' Posts

This Bubble is Bursting, Piecewise
It's nice to see Wall Street getting some reality checks
Can We Finally All Agree That UEFI 'Secure Boot' is a Sham That Harms Security and Gives Microsoft Remote Control Over All PCs and Servers (Even Those That Don't Run Any Microsoft Software)?
Cui bono?
Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
 
UKIP TV (GBNoise) Covers Challengers to UKIP Nigel, Daniel Pocock Mentioned
Way to get noticed
Links 18/07/2026: Chinese State Media Depicting Neighbours as Monkeys, US "Stocks Sink on Anxiety About Tech and Hey Hi (AI) Spending"
Links for the day
Gemini Links 18/07/2026: "Business Idiots Everywhere", "The Siren Song of DePIN", and Entering Geminispace
Links for the day
GNU/Linux in Lithuanian Desktops/Laptops Climbs to 8%, the Global Average
For its own national security it would be wise to abandon Windows
It's Not About XBox, Microsoft is Already Firing Hundreds of People Who Do "Security [sic] Engineering" [sic]
The official reason/excuse/lie told is something about slop, but no sane person would buy it (not even insiders who are impacted)
Bolivian People Adopt GNU/Linux (They Have a Domestic Distro Too, PluriOS)
Notice Windows falling to an all-time low
No Technical People Write About UK Parliamentary Elections
Almost none of them work in the media, which seems to favour parrots, slop, or parrots that use slop
"But Stallman is Scaring Away Women..."
Such dishonest projections (projection tactics) needs to be called out and refuted
First Female Debian Project Leader (DPL) Affirms Low Profile and Inferior Status of Women in GAFAM
3 months ago Sruthi Chandran was elected as Debian Project Leader (DPL) for a period of 12 months
After 5 Years Vista 11 Still Adopted Less Than Its Predecessor (Orphaned, End of Life Since Last Year)
Notice Windows going down to 40%
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026