Bonum Certa Men Certa

'Constitutional Crisis' at the European Patent Office (EPO)

Declaring de facto Martial Law in defiance of the spirit of the Office, in order to seize additional powers

Rodrigo Duterte
Photo credit: Edwin Espejo



Summary: The Benoît Battistelli-run EPO is not run like a professional institution anymore and it does not even obey the rules of the founding fathers of the EPO

Several years ago we took note of a steep decline in patent quality at the EPO, whereupon we started writing not only about software patents at the Office but also its general policy. Some signs of wear could first be seen towards the end of Brimelow's term (see our articles from around 2008). A lot of patent examiners knew about it, but with hypothetical stuff like the Community Patent over the horizon at the time (just another name like EU Patent, EPLA or UPC) there was probably hope that there was some "greater good" somewhere along the way. Well, now we know better that compromising patent quality and inviting malicious actors like trolls (entities which are creating nothing, effectively predators that prey/run over others for quick gains through racketeering) would be an inevitable side effect of such a patent regime. Not only would that hurt European businesses; it would also harm patent examiners and their families, pensions, sense of pride etc. Like ISDS inside treaties such as TPP, the goal is not to promote some public interests but to advance corporate interests through their lobbyists, lawyers, etc. Don't we already know how it typically works after defunct efforts like ACTA? Don't we have a collective responsibility to put an end to that? For me, as a software developer and researcher (medical biophysics is my specialty), the EPO looks increasingly daunting especially because of the phasing in of software patents inside Europe. I wish to develop software and deploy software in peace, without having to fear threatening letters from patent trolls, not to mention threatening letters from the EPO. A lot of people feel the same way. They share the concerns that I do; that is why many software developers are in general strongly against software patenting, not just in Europe but everywhere in the world. For those who wonder about my motivations (sometimes because they try to malign and discredit me), there are no personal grudges against EPO managers (they are not my employers and I have nothing to fear from them personally), it's just that the EPO is heading down a really bad path and everyone -- including EPO insiders -- are assured to suffer from this. My goal is to help redeem/save the EPO, not to destroy it. When a lot of people try to fix the EPO it's likely that this fix will be an inevitability. One tyrant cannot defy the motivations of the majority of his staff. It's as simple as that. These are highly-skilled workers that aren't disposable and not easily replaceable (for recruitment of docile/loyal 'drones' such as scabs).



"These are highly-skilled workers that aren't disposable and not easily replaceable (for recruitment of docile/loyal 'drones' such as scabs)."The more we learn about the EPO and the deeper we delve into its top-level operations (Team Battistelli and their corporate masters), the uglier things look. How did it get this bad? Maybe this has been brewing for a number of years, but mostly behind closed doors. Now that doors are opening a lot of 'dirty laundry' comes out and the stench is overwhelming. FIFA was nothing compared to this.

"Discuss the importance of EP protection for US industry here," the EPO wrote yesterday. Yes, it seems like the EPO is prioritising US conglomerates now, even at the expense of European businesses. It's easy to see that the EPO does not give a damn about SMEs, no matter what it said this week about them. It's all hogwash. Under Battistelli, those who bring more income receive better treatment and that's just morally and professionally wrong. It's unprofessional.

Watch the EPO linking to a "Boards of appeal" page which says "Discussion of mock trial" as if they are talking about the Judge Battistelli attacks and defames. More "mock trials" were mentioned yesterday by a Bristows blogger. It's basically promotion of EPLAW (guess who's behind EPLAW).

In this other new article from her IP Kat 'colleague', Mark Schweizer, some are still floating the UPC, saying that a CJEU "case is interesting because the Preparatory Committee for the Unified Patent Court has suggested the adoption of ceilings on recoverable costs [...] whether and when the UPC will ever become a reality is anybody's guess" (probably never).

Another rename/rebrand for the UPC is likely, especially if the UK remains a major barrier. Watch this new IAM "REPORT" (i.e. advert) titled "Impact of Brexit on US IP owners". Surely they know that as long as Brexit stands, there is virtually no way for Lucy to ratify the UPC (even for a friend like Benoît Battistelli).

Expect the Battistelli-led EPO to continue its race to the bottom. It's pushing for the bottom low of patent quality for the sake of so-called 'production' and earlier this week we mentioned the effect on the EPC with the relevant document added later [1, 2]. Quite a few comments came up about it, even some which cite Techrights. One person wrote in IP Kat:

A leaked copy of that presentation would be much appreciated. If the EPO is planning to change such a fundamental as the law / standard that it applies during examination, then this issue really needs to be debated in public.

Of course, given what has happened at WIPO (where the Member States are being denied access to a report: that they commissioned; which concludes that WIPO's director knowingly flouted UN sanctions; and which has been passed to the direction in question despite containing sensitive details of whistle-blowers who testified against him), it is an open question as to whether there is any measure that could be taken to force the EPO to follow the EPC.


"A leaked copy of that presentation would be much appreciated," the above says and if anyone who reads this saw the presentation and has a copy of the slides, please consider transmitting these to us.

The following IP Kat comment is responding to someone who (as quoted above) said "it is an open question as to whether there is any measure that could be taken to force the EPO to follow the EPC."

Check the Protocol on Privileges and Immunities:

Article 23 (1) Any Contracting State may submit to an international arbitration tribunal any dispute concerning the Organisation or an employee of the European Patent Office or an expert performing functions for or on its behalf, in so far as the Organisation or the employees and experts have claimed a privilege or an immunity under this Protocol in circumstances where that immunity has not been waived.


"As I have said before," added another person, "crap patents are fine, as long as everyone understands they're crap."

The principal danger is that, over time, more people will realise that EPO patents are of low quality and won't be willing to: 1) pay for claims without challenging them in courts; 2) take an EP at face value and haul companies into court; 3) pay a high fee for application/renewal/appeal.

Here is the comment in full:

From the SUEPO document posted on Techrights, it seems that the EPO strategy is not sinister. The aim is merely to reduce the quality of examination, and thereby increase the throughput, or possibly the other way round. Nothing wrong with that. As I have said before, crap patents are fine, as long as everyone understands they're crap. Whether applicants will still be interested in paying top dollar, and whether the EPO will find intelligent engineers willing to churn out crap day after day, is another question. OK, two questions. And questions which must presumably have been considered at length by the EPO's indisputably enlightened management.


Another person wrote:

So it looks like the answer to the open question is "no". There would have to be a "dispute" in the first instance (question: how could a such a dispute come about?), and then there would need to be an arbitration tribunal willing and able to take this on (question: would ILOAT have the competence, or even the inclination, to take on a dispute concerning compliance of EPO examination policy with the EPC? And if not the ILOAT, then who else?).


In relation to Brexit one person wrote this morning about the EPC/EPO/UPC that "[i]t's like BREXIT. The procedure exists (on paper). Somebody just needs to start the ball rolling. It's all in the PPI. The founding fathers foresaw that there could be disputes and accordingly they made arrangements for arbitration."

That's like people in the US justifying the abolishment of the Constitution or Amendments "because of terrorism" or something to that effect. The only emergency at the EPO right now may be fiscal/financial -- a subject we shall cover another day.

Recent Techrights' Posts

Gemini Links 22/05/2026: Esperanto Music History, Suspicious Adoption of Signal, and Unauthorised LLM Slop in Code
Links for the day
Techrights and Tux Machines Subjected to Cyberattacks for Several Weeks
In the past I spoke to the cybercrime unit of British Police. Maybe it's time to do so again.
 
Links 22/05/2026: Inflation Fears and Thailand Tightens Visa Rules for Tourists From Dozens of Nations
Links for the day
EPO Staff Representation Speaks of This Week's Discussion With the EPO's Budget and Finance Committee (BFC) Amid Mass Strikes
The Central Staff Committee's outline (prepared in a rush) or the "flash report"
SLAPP Censorship - Part 84 Out of 200: New Legislation Against SLAPPs on the Way (After We Reached Out to Ministers)
They dealt with the matter individually too, but we won't share this in public, at least not at this time
The Corrupt Lecture the Non-Corrupt - Part XXX - Where Was "The Ethics and Compliance Team" When the Family of EPO President Campinos Was Caught Doing Cocaine?
It remains to be seen if national delegates will tolerate this in future meetings
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 21, 2026
IRC logs for Thursday, May 21, 2026
Links 21/05/2026: "Declining America" and Why Slop 'Code' is Made to Fail
Links for the day
The Register MS Has Become a 'Content' Farm Promoting Slop for Hostile Corporations
Now they call it "PARTNER CONTENT" - not "SPONSORED" - as if semantics make the difference
Latest Example of Widespread Fake Assertions (False News) About "Hey Hi"
The false narrative of "Hey Hi layoffs"
Links 21/05/2026: Facebook Rewarded With Tax Breaks to Destroy the Environment and Cause Global Warming, Shortages, Pollution; SpaceX (SPCX) Continues Losing Billions of Dollars
Links for the day
Codecs and Software Patents - Part VIII - GNU Audio/Video Team Has Chosen the AV1 Video Codec and It Explains Why (They've Researched Their Options)
AV1 video codec will be used to encode and share GNU videos online
Dr. Stallman Helps Establish Free Software Advocacy Outside the Free Software Foundation (FSF) as Well
The ideals or principles of Free Software needn't be centralised or monopolised; they can be federated
22 Years of Tux Machines and a Community Stronger Than Ever Before
We've already received some feedback from the community and improved it accordingly
Microsoft Under Investigation for Breaches of Law in the UK
Just like the Microsofters
More Microsoft Layoffs on the Way (June and July 2026)
with or without PIPs
LWN Sponsored by the Linux Foundation (Monopolies)
We must be able to casually point this out
The Corrupt Lecture the Non-Corrupt - Part XXIX - European Patent Office (EPO) Tells Staff "Speaking up" is Good, But Not When the "Brother-in-law" of EPO's President Does Cocaine
Do we still have a functioning democracy and potent press?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 20, 2026
IRC logs for Wednesday, May 20, 2026
Gemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
Links for the dayGemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
GAFAM is Connected to Misogyny, Almost All Founders Divorced
They're not good people, even if they pay the media to pretend otherwise
SLAPP Censorship - Part 83 Out of 200: Religion is Still Alive, But for Many This Religion is Monetary (Greed, Monopolies, Corporate Power)
If all you keep boasting about is being able to afford a hotel room and some domestic flight, then maybe you have no real accomplishments and are more like a "Facebook serf" with a credit card
Oracle Seems to Have Popularised Overnight Layoffs, Now GAFAM Does the Same
layoff emails at 4 a.m. local time
A Lot of Fake News About Microsoft's LinkedIn Today, Some Comes From Slopfarms, Some Relies on Those Slopfarms
As usual, slopfarms make the Web a huge pile of garbage
IBM's Kyndryl is Circling Down the Drain, Say Kyndryl Insiders
"IBM Dinosaurs who were recycled and catapulted into the orange trash heap by IBM"
A Lot of Coverage Adding Hype Factor to Slop Bug Reports... is Made by LLM Slop
Local Privilege Escalation [...] the slop motivates some actual people to keep writing about it
Links 20/05/2026: Mass Layoffs at NPR (Bought by the Ballmers and Bill Epsteingate), Starbucks Korea CEO Fired Over ‘Tank Day’ Ad
Links for the day
Gemini Links 20/05/2026: Advantage of CD Collections, Geminaut's View of Nostr, and SSL / TLS Certificates
Links for the day
IBM is Becoming a Pile of Expired Patents and Abandoned Buildings, Assets of Little Actual Value
Having laid off a ton of people, borrowed lots of money to fake growth (by acquisition), and sent some jobs to low-paid regions where innovation isn't done
Links 20/05/2026: Looting of Americans for "White Grievance Reparations Fund"; "Mark Zuckerberg Used Shell Companies to Bully Native Hawaiians"
Links for the day
Web Browsers Are for Rendering Web Page, They Shouldn't Become PDF Editors
Linus Torvalds is quickly learning and speaking about this
SLAPP Censorship - Part 82 Out of 200: British Government Intervenes in the SLAPPs by Brett Wilson LLP
At this stage our matters are dealt with by a layer below that of the Prime Minister (adjacent to it)
LinkedIn Communications Reveal That LinkedIn - Like GitHub - Will Vanish Inside the Belly of Microsoft
This is definitely going to happen.
In Wall Street, Financial Difficulties Drive Shares Up
Wall Street doesn't work that way
The Corrupt Lecture the Non-Corrupt - Part XXVIII - European Patent Office (EPO) Guidebook Says Report Crimes Committed on EPO Premises. Some Did, But President Campinos Covers up for the Culprits.
The staff has long been on strike and the union (SUEPO) organised an enhanced day of action just two days ago
Gemini Links 20/05/2026: Fall of an Empire, "High Tech is a Social Exercise", and Big Cameras
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 19, 2026
IRC logs for Tuesday, May 19, 2026