Bonum Certa Men Certa

The Former Chief Economist of the EPO Warns That Battistelli's Implicit Policy of Lowering Patent Quality (for Quantity) Will Bring Patent Trolls to Europe

In the US, for example, it's widely known that trolls rely a lot on software patentability

Nikolaus Thumm



Summary: Another piece of evidence or a European Commission report (akin to that of GAO in the US) which demonstrates that Battistelli's policies would bring patent trolls to Europe

TOMORROW (in Techrights) will be all about the USPTO -- a system so severely ruined/tainted by patent trolls that it's widely regarded as the model not to follow, yet the EPO is trying to become more like the USPTO (before the ongoing reforms which actually repair the USPTO). Nowadays, under Battistelli, the EPO even markets software patents.



Today's EPO is in shambles because of Battistelli's coup which removes people who openly don't agree with him, terrifies people who secretly disagree with him, and installs (in power with astronomical salaries) many of his cronies, usually from France/INPI. Battistelli has made the EPO a laughing stock and an embarrassment to Europe. Not too long ago Team Battistelli added a French Chief Economist (Yann Ménière) who seems more or less like a Battistelli "yes man" or Pet Chinchilla ([ref 96056 reference here]) who will be speaking for the EPO in Australia pretty soon (we mentioned that a few days ago).

What does the previous/former Chief Economist think? Obviously something very different. He no longer needs to be a Battistelli "yes man". His salary does not depend on it.

When EPO mouthpiece and patent maximalist IAM does not gloat about Clinton (who is a large corporations' tool and a corporate front) because of her stance on patents it actually mentions the position of the EPO's former Chief Economist. Put another way (without IAM's spin), the EPO under Battistelli is evidently brewing or creating an epidemic of patent trolls. They will soon come to Europe as well, more so if the UPC becomes a reality. Here is what IAM wrote:

The continued issuance of high quality patents is the key to preventing the widespread activities of troll-like patent assertion entities in Europe, a new report from the European Commission’s Joint Research Centre has concluded.

Based on work undertaken by a team led by the centre’s senior fellow Nikolaus Thumm, a former chief economist of the European Patent Office, Patent Assertion Entities in Europe. Their impact on innovation and knowledge transfer in ICT markets takes a detailed look at the activities of PAEs in Europe and explores how these may develop under the Unified Patent Court regime. In addition to ensuring high quality patents, the report also recommends that policy makers focus on enabling transparency around patent ownership, ensuring excellence at the UPC and providing more clarity around FRAND licensing and standards essential patents.

“The institutional and legal framework in Europe has not allowed the more negative consequences associated with PAEs to materialise to the same extent that it has, according to some economic literature, in the US,” the report states. “Moreover, some of the negative consequences that we have identified are currently hypothetical and are based on stakeholder evidence which could be susceptible to bias.”


Responding to a patents maximalist (who wrote: "Is this an evidence-based conclusion or just wishful thinking from people outside the patent system who don't understand it?"), IAM noted: "Report was compiled under the leadership of former chief economist of the EPO, who knows patent system pretty well!!"

The former Chief Economist of the EPO, in that case, essentially warns that patent quality declining (what the EPO does under Battistelli), if this continued, would be a boon to trolls. Battistelli is the trolls’ friend. Does he mind? Does he even know? The man is patently clueless and dangerous.

Here is what IP Watch wrote about the same news:

A new report by respected economists under the European Commission has found that problems of patent assertion entities in Europe could be better controlled if patent quality stays high in the region. It also found that the majority of patent assertion entities in Europe have focused on vulnerable targets – mainly in the telecommunications sector - and the report provides significant research on such entities operating in the European Union. The findings shine light on the key role of standard essential patents, with suggestions for policymakers and predictions about the impact of the prospective changes to the European patent system.


Looking at MIP, we haven't yet found coverage of it (maybe we'll find some later), but it did say that "[p]atent prosecution is taking place against a backdrop of the press claiming many patents should not have been issued, allegations that patent examiners shirk their responsibilities and the technology industry being exasperated by the Alice aftermath" (actually, Alice is improving patent quality, which is good).

MIP separately noted that the "cost of global filing quickly climbs into the multi-hundred-thousand dollar range."

Put another way, patents are for the 1% only. Only the super-rich can afford them. It helps the SMEs in no way whatsoever. In light of this, watch how another site has just fallen for the bogus 'study' from EUIPO and the EPO, joining the ranks of few others who parroted the lies [1, 2]. To quote from the article:

IPR-intensive industries generated more than 42% of the EU's economic activity in the period, with the total value of that activity amounting to €5.7 trillion. The majority of EU trade with the rest of the world also stemmed from IPR-intensive industries, the report said.

EPO president Benoît Battistelli said: "Our second joint report confirms the benefits of patents and other IPRs for the European economy. Intangible assets are increasingly important for innovative companies today, especially for SMEs, but also for research centres and universities. We again see that this has a positive impact on jobs, growth and prosperity. But in order to remain competitive in the global economy, Europe needs to encourage even further the development and use of new technology and innovations."


These are lies right there in the numbers (even MIP refuted these numbers 3 years ago) and in the statement from the Liar in Chief, Benoît Battistelli. It has nothing whatsoever to so with SMEs. These are the same utter lies which he used to promote the UPC. With patent trolls imminent and already arriving at London (because of his policies that opened the floodgates to crappy patents), those who will suffer the most are European SMEs.

Battistelli is a truly destructive man whose remembered legacy should be that he practically killed the EPO or put it in a death spiral, along with Europe itself. Where's Wallonia when we need it so badly?

Recent Techrights' Posts

American Back Doors No Longer Trusted by Europeans
Has the EU paid attention, for a change?
When Energy Prices Double in About a Month the Slop Bros Won't Sleep at Night
Unhinged leadership does not seem eager to end a conflict that it started
 
IBM Red Hat Profited From 5+ Weeks of War in Iran
remember that IBM's current CEO comes from a military family (on both sides)
Associated Press Failed Financially, Now It's Offloading What's Left to Slop (How Sites Die 'Cheaply')
LLMs are not intelligent or any form of intelligence, they are just falsely marketed as such
Microsoft Shares Down 35% in 5 Months, Executives Leave Microsoft
Many people leave (or flee) Microsoft because, seeing what goes on insider, they know what's coming
Are Some Obscure or Chinese Operating Systems (Like Huawei's) Taking Over in "Unknown" Clothing?
statCounter still cannot detect many operating systems
SLAPP Censorship - Part 38 Out of 200: Advertisement or £10,000+ Classified Ad in the Form of Court Filing in Another Continent
Graveley fancies himself some world-renown something
Software Freedom is Closely Connected to Privacy
privacy can be a matter of life and death
What Communities Mean and Look Like (If They're Effective and Focused)
Last week we wrote about this in the context of distros and alleged "inclusion"
April 2026 FSF LibreLocal Concludes in Atlanta
Happy Hacking
Gemini Links 08/04/2026: GPG Symmetric Encryption and Slop in USENET
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 07, 2026
IRC logs for Tuesday, April 07, 2026
Ubuntu More Honest Than Microsoft Windows
If you don't like the direction Ubuntu has taken, then try something else
Azure is Dying, the "Entertainment" (Slop) Couldn't Lift Up Fake 'Demand' For Azure
Azure has had mass layoffs every year since 2020 and even earlier this year
2026 Starting to Feel Like 2020
Can Wall Street survive this?
Growing Awareness of Techrights' Importance
We're not an individual's blog but a community project
Harassment by Microsoft, Then a Cover-up
That Microsoft relies on blackmail, bribes and harassment (even against its own people) isn't surprising given the roots of the company and its toxic, deceitful management
SLAPP Censorship - Part 37 Out of 200: The Correct Suspicion Garrett and Graveley Were Collaborating in Overseas Litigation Against Critics
Microsofters and back doors' boosters from America frivolously sue Brits
Microsoft Has Lost Nearly 20% in "Desktop Operating System Market Share" Since COVID-19 Began
Add Android and iOS, then Windows falls to 24%
Maintenance Later This Month
Apr 24, 2026 21:00 - Apr 25, 2026 09:00 BST
Microsoft: Move Over, XBox, Slop is the New "Entertainment" and We Demote Our "Entertainment" CEO
Marketers, marketers, marketers, as a CEO called Ballmer put it
linuxbuz.com is a Slopfarm, It Depends on LLMs
In the more distant past it could be said that linuxbuz.com was an OK site
Links 07/04/2026: Patent Trolls Leigh M. Rothschild, Bolstered by GNOME and OIN, Continues to Attack; ‘Retaliatory Antitrust Suit’ by MElon
Links for the day
Gemini Links 07/04/2026: Copyleft Revisited, Killing Linux Processes With FZF
Links for the day
It Would be Good for Debian to Have a Female DPL, But...
Debian isn't exactly selecting people for quality or policing bad behaviour
IBM Insiders Say What's Wrong With IBM in Albany (and Yes, There Are Layoffs)
promotions boil down to what insiders now call "brown-nosing" and nepotism
After Killing OpenSource.org IBM Together With OSI Told Us It Would Carry on OpenSource.net, But the Site Has Been Essentially Dead for 9 Months (Effectively Abandoned)
OpenSource.org has been dormant for 4 weeks already and OpenSource.net last had a new page 9 months ago (it'll be 9 months tomorrow) [...] That's IBM in a nutshell
A Lot of What Happened to OSI is Because of Reporting by Techrights
Half a year since Stefano Maffuli (Executive Director) "left"
Public Presentations by RMS Hardly Interrupted Anymore
We'll carry on covering those sorts of topics throughout the year
Links 07/04/2026: US Wants to Put Journalists in Prison for Reporting Facts, Artist ‘Bale’ Arrested Over Rape Allegation in Social Control Media
Links for the day
To IBMers, IBM Has Failed and is Fast Becoming a Book of Jokes and One-Word Punchlines
How else can one make it obvious that IBM is circling down the drain?
Newer is Not Better, Lunar Edition
Maybe in 57 years (2083, after all these wars) we'll managed to launch a capsule with a human and a dog above the stratosphere again
"AI Revolution" Was a Lie: Microsoft CEO Admits What He Calls "AI" is Sometimes Sloppy and Microsoft Admits That Slop is for "Entertainment Purposes Only" (Not for Any Serious Work)
if it gets "memory-holed", we can bring it up again and again
Social Control Media is Not a Viable Business Model
The future of the Web might not be the Web
From Datacentres Boom to Actual Booms That Target Datacentres, Now Struggling to Justify Humongous Energy and Water Consumption
Datacentres that are used for mindless "entertainment" (as Microsoft calls it) like slop are not a priority at this time
Gemini Links 07/04/2026: Aircraft Lift Force, Editor History, and Consumer Hardware Stagnation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 06, 2026
IRC logs for Monday, April 06, 2026
What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026