Bonum Certa Men Certa

EPO USA: Under Battistelli, the 'European' Patent Office Emulates All the Mistakes of the USPTO

Patent maximalism (rubberstamping), low examination quality, fiscal preference for large corporations and much more

EPO USA



Summary: Conservative Benoît Battistelli is trying to impose on the European Patent Office various truly misguided policies and he viciously attacks anyone or anything that stands in his way, including his formal overseers

MYSELF and others at Techrights worry deeply. We worry that Battistelli (of UMP, the French conservative party) will turn the Office into another large corporations-leaning USPTO and London (or some other European cities) into the next Eastern District of Texas, complete with venue shifting (dragging defendants to a distant and plaintiff-friendly court), high/unbearable litigation costs that favour settlement in spite of injustice (unless the defendant has deep pockets), massive scope of injunctions (beyond an entire continent), and of course software patents (among other low-quality patents). One reader told us yesterday, "have you heard of the latest load of rubbish from the EPO?" See the above screenshot. No comment is even necessary. How much Europe is there in the 'European' Patent Office when foreign companies are enjoying a fast lane?

"How much Europe is there in the 'European' Patent Office when foreign companies are enjoying a fast lane?"EPO workers are rightly afraid. Their job security (and their entire employer) has been compromised and is now at mortal risk (stakeholders know what's happening) because of Battistelli and his friends. Battistelli does not even seem to mind. He attacks sceptics, not just critics. He is like Munich's ErdoÄŸan. Stability is not the goal; implementing his self-serving vision is the goal. Megalomaniacs can never admit their mistakes and change course.

News sites have learned to distrust Battistelli. Yesterday, for example, Managing IP asked readers about the latest lies from Battistelli's PR department rather than publish an article about it, perhaps seeing it for what it really is (propaganda). Yesterday the EPO PR people were trying to spread the message, but we have not yet seen a single Web site (even IP sites) covering it. Journalists seem to have learned their lesson; Battistelli has zero credibility and zero approval rating among his staff.

"Journalists seem to have learned their lesson; Battistelli has zero credibility and zero approval rating among his staff."Looking at IP Kat yesterday, we saw nothing but affirmation that people now know better that there is a profound problem at the EPO. "In this context," one person wrote, "I am also reminded of persistent rumors that the EPO quality is down." Here is the comment in full:

I reread the discussion again and it seems indeed that the days of the board of appeal are counted. Unfortunately, that also means that the examiners quality will not be controlled any more. When I talk to examiners, their main concern is that the BOA would turn over one of their decisions. THAT is what prevents them from cutting corners. In this context, I am also reminded of persistent rumors that the EPO quality is down. And I also know that the Office is hiring less competent examiners, quite simply because the pay is not as attractive as it was. Munich is expensive, local firms are not finding the engineers they need and have raised their entry salaries accordingly while the EPO has lowered theirs.

I also read here that some patent attorneys are suggesting that the applicants use the national route, for increased legal certainty. How will that solve their problems when the competitor comes with an infrigement case based on an unclear, vague patent granted by the EPO and validated by the UPC, which will have force of law in all EU states?


Another person wrote that "at least in 2015, the EPO faced significant problems in recruiting." We keep hearing from numerous sources that the EPO is struggling with brain drain and accordingly it lowered the recruitment bar. New workers don't receive the same type of salaries and almost none of the benefits (not even job security). They are pressured to grant a lot of patents to justify their place at the EPO, which is exactly what happens at the USPTO (with notorious quality control in recent years). Here is the comment in full:

If you want to know the future of the EPO, take a peek at the official "social report": http://documents.epo.org/projects/babylon/eponet.nsf/0/CA803AEC70D6E89FC1257FF40042DAA4/$File/social_report_2015_en.pdf

Despite being nothing more than a dry and dusty collection of statistics, the report contains some interesting figures.

Some of these clearly demonstrate that, at least in 2015, the EPO faced significant problems in recruiting. For example, relative to the figures for 2014:

Numbers of advertised vacancies: up >25% Number of job applications received: down 12% Nationalities decreased presence: GB (-32), DE (-29), NL (-28), AT (-10), SE (-7), DK (-6), CH (-5), IE (-3), PT (-1), LU (-1) Nationalities increased presence: RO (+9), ES (+8), IT (+6), PL (+6), TR (+4), BG (+3), RS (+3), LT (+2), FI (+1), FR (+1), HR (+1), MK (+1) Permanent staff: down 1.3% Contract staff: up 13.45% New hires: down 30% Termination of employment: up 44% Increases in termination: retirement (+51%), resignation (+44%), invalidity (+36%)

The figures also show signs of increasingly aggressive management tactics, such as no strikes allowed in 2015 (vs. 22 days in 2014), 99% of all internal appeals rejected (vs. 88% in 2014). The trend at ILOAT, however, is going in the opposite direction (with allowed or partially allowed cases virtually doubling in percentage).

Given the shocking trends that it reveals (which appear to point to an organisation that is in crisis), I am somewhat surprised that this report was produced at all.

What do the AC have to say about this? Figures that speak for themselves surely cannot be brushed under the carpet so easily.


Responding to the above, one person wrote: "Of course they can - at the European Patent Office the money brought in by the increased productivity speaks louder than any figures."

"It is true that the office is experiencing difficulties at recruiting," another person noted:

It is true that the office is experiencing difficulties at recruiting. But that did not stop Minnoye to start a project to eliminate all examination stock backlog until end 2020. The project involves recruiting enough examiners to deal with the backlog (=hundreds) thereby creating "overcapacity". The project started this month, the first applicant were sent letters requiring them to state wether they were still interested in examination.

Minnoye will push this at all cost: stock must be zero within 4 years.


The EPO's "AC is a permanent fixture, and so will eventually have to deal with the mess that is currently being created," one person wrote. The comment in full:

Sure, but the increase in money will only be a short-term effect. Unlike BB, the AC is a permanent fixture, and so will eventually have to deal with the mess that is currently being created. From this perspective, I still find it somewhat puzzling that the AC is doing so little to stop BB dynamiting the foundations upon which the EPO (and its reputation) is built.


It won't be long before the general public, not just insiders at the EPO, recognise this crisis and demand change. It's not too late to save the EPO, especially if there is public acknowledgement of the errors and then an effort to fix the errors. The main problem, however, remains; attracting again the same experienced examiners (some of whom left or retired early) is impossible and revisiting all the erroneously-granted patents would be laborious and harm 'customer' confidence.

Battistelli has secured his place in history books for the same reason ErdoÄŸan has.

Recent Techrights' Posts

Microsoft-Sponsored Xenophobia and Nationalism
IBM is very similar in this regard
Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
 
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025
Gemini Links 20/09/2025: Snowy Photos and utism is a Spectrum
Links for the day
Vintage is Sometimes Better
Why can't we get back to "simple" if (or where) "simple" means better?
Climate Breakdown Means We'll be Publishing More, Not Less
Press freedom will be a common, recurring theme
Our 5-Year Geminispace Anniversary is Coming Up
I still remember when Gemini Protocol was quite new
It's Right to Point Out Violence From the Right
Violence is a recurring theme
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day
Links 19/09/2025: Press Freedom Dying in US, Anti-Austerity Strikes in France, and Alan Rusbridger to Leave 'Prospect'
Links for the day
European Patent Office Illegally Gutting and Outsourcing Its Functions, Acting Like an Above-the-Law Commercial Business (It Won't Stop at Formalities Officers (FOs) and Classification Slop at the EPO)
breaking/violating laws and conventions
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025