Bonum Certa Men Certa

No Justice at the EPO, Whose Underlying Purpose Was (Originally) to Do Patents Justice

Those who will suffer the most are investors in EPs that no longer have a high perceived (or even practical) value

Sign



Summary: People correctly point out that the institutional crisis at the EPO extends to aspects other than fake trials against staff and affects actual stakeholders, who have pumped billions of Euros into the EPO only to see EPs turn to dust (or their value diminish considerably)

THE EPO has been rather quiet after the latest meeting of the Administrative Council, but union-busting attempts are still being made, even a week or so before Christmas.



At IP Kat, writers are still publishing friends' and colleagues' pieces. First it was Bristows that 'hijacked' IP Kat for UPC propaganda (to reach a broader audience and promote an agenda); now it's EIP that sort of does the same with Darren Smyth having a colleague over, at least with disclosure ("This Kat is grateful to his colleague Andrew Sharples"). As a reminder, Smyth too is part of the UPC echo chamber and this article about the EPO was mentioned here briefly earlier this week. We will cover this today because the comments are noteworthy, more so than the article itself. As nearly everyone points out, the EPO behaves irresponsibly, as usual, probably in preparation for spin about patent quality at the EPO.

"One could argue that there is no provision in the EPC to deny applicants the patent they are entitled to by staying the proceedings and that the EPO is therefore acting "contra legem"," one person wrote. Here is another take on it:

It is outrageous that the EPO is staying proceedings, whilst presumably still collecting renewal fees. I would love to know the legal basis for doing this.

The staying of opposition proceedings is perhaps even more absurd. This will simply mean that opposed patents will remain valid and enforceable unless and until a national court decides on their validity. If the EPO thinks the patents aren't valid the indefinitely staying opposition proceedings is achieving the exact opposite as it has completely removed an Opponent's opportunity to invalidate a granted European Patent.


"I can understand the EPO carrying on with searches for first applications and PCT filings but for other EP application," another person insisted, "it does not make sense. If the EU guidance finds its way into the EPC, applicants might wish to withdraw their application and the search fee will only be refunded if the search has not yet started. Further, with publication of the search report, the applicant would be required to respond to the objections raised, for which they would not have the benefit of knowing how the rules were to be changed."

"Jurisprudence is not highly esteemed in the EPO These days," noted another person. "The EU-Commission, responsible for the BioT Directive, the model for Rule 26 EPC, can dictate how Article 53b and Rule 26 EPC are to be applied. Separation of Powers?"

Well, that is long gone! Look at the EPO itself. It's a clusterfunk [sic]. Another person wrote that "the evidence, moral argument or even legal basis for "Patent protection is not appropriate for such procedures and their products" appears nowhere. Wish I could say that this surprised me."

Lack of respect for actual laws is now a hallmark of everything that happens at the EPO, including so-called 'disciplinary procedures'. A comment from another thread claimed that the attack on actual "independent" judges (collective punishment) whom Battistelli does not like "is mere retaliation, not only from the president but also from the AC." Here is the full comment:



By no means I approve the transfer to Haar. But one thing has to be clear: it is mere retaliation, not only from the president but also from the AC.

Both have never accepted that the EBA has not acted in the way they wanted in the case of the suspended member.

It therefore remains a disgrace if the legislative and the executive try to interfere with the judicial. Separation of powers is a fundamental guarantee which should not be tampered with.

One of the members of the EBA who participated in the decision Art 23 has retired. Normally when a chairman of a BA retires, there is an article in the internal journal of the EPO (the Gazette). For this chairman, there is nothing. Is this a mere coincidence? I doubt it.


And going back to the other thread, another comment along the same lines:

It would be very interesting to read or watch an interview with the Administrative Council members presenting their vision(s) on the implementation of rule of law at the European Patent Office.

In particular, how the cornerstones of rule of law are seen by the Administrative Council:

Legality, i.e. legislative powers belonging to a representative body;

Balance/separation of powers, i.e. balance of legislative, executive, and judicial powers;

Independent judiciary, i.e. review of decisions and interpretation of law by an independent body.

The European Patent Office is in charge of taking generally binding decisions for the territory of 38 European countries, which implies adherence to rule of law as a fundamental principle of governance.


"The European Patent Office is in charge of taking generally binding decisions for the territory of 38 European countries," says the key part, yet not many people -- certainly not the German media -- ever bother reporting about the many scandals. A comment posted in The Register offered the following advice to EPO staff (similar to advice from Florian Müller):



Find alternative work?

Those who really matter, those who scrutinize patents, are highly skilled. Surely they would be warmly welcomed in almost any tech company. When the EPO just grinds to a halt that should concentrate a few of those flabby minds.


Leaving the EPO can actually make things worse in the sense that it lets Team Battistelli replace veteran staff with temporary, clueless, inexperienced "rubber-stampers", fulfilling what seems to be his awful vision for the EPO (replace the "P" with an "R" for Registration).

Recent Techrights' Posts

In Europe, More People Turn to Russia for Answers, Not Microsoft
The future of computing doesn't look pretty
SLAPP Censorship - Part 48 Out of 200: Brett Wilson LLP and 5RB Copy-Pasting Bogus Claims for Violent Americans (Microsoft) Who Tell Women to Kill Themselves
Microsoft's Graveley telling his partner to kill herself is probably a crime
 
ActBlue former IT boss disappearance: Decklin Foster & Debian, Harvard suicide lab, Chris Gleason is wife, whistleblower or both?
Reprinted with permission from Daniel Pocock
Gemini Links 17/04/2026: Getting competent in NixOS and Alhena 5.5.6 Released
Links for the day
Links 17/04/2026: "We Cannot Lose Sight of Ukraine" and "When Leaders Should Resign"
Links for the day
GizChina Appears to Have Become a Slopfarm, I.e. Fake News Site With Fake Text
Don't waste a moment reading LLM slop, as at the very least it rewards plagiarism [...] Deemed to be slop also by two human beings, not just two scanners
Massive, Cross-Site Strike at the EPO Today
There's coordination across sites for maximal pressure
Dr. Andy Farnell Says "AI" is "Only a Marketing Term" for Things That Exist for "Entertainment Purposes Only"
distortion or misuse of the term (now buzzword/s) "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 16, 2026
IRC logs for Thursday, April 16, 2026
Strikes at the EPO Carry on, Staff Union of the European Patent Office (SUEPO) Increases Pressure Ahead of Technical and Operational Support Committee (TOSC) Meeting Next Week
the local section The Hague (or SUEPO TH) wants to rally many staff members
Gemini Links 16/04/2026: LLM Nuisance, Identity Systems (Surveillance), and Why Windows is Failing
Links for the day
'Going Offline' is Not Primitivism
Computers are good at automation, but people are not robots
The Register MS Has Published Article With "AI" 18 Times in it, "Cloud" 9 Times. It Got Paid to Do This.
What happened to journalism?
The EFF Is Hardly Doing Anything Anymore
Our series about the EFF has been brewing for over 2 years already
Microsoft Uses Slop to Bribe (at No Cost) Nations That Otherwise Would Move to GNU/Linux and IBM is Forcing Red Hat Staff to Use Slop
Life it too short to waste "consuming" slop
Links 16/04/2026: Roblox Launching ‘Roblox Kids’ Accounts and "Deepfake Nudes Crisis in Schools"
Links for the day
Red Hat Staff: IBM Red Hat Laid Off About 400 Engineers, the Media Did Not Cover This
The media is not doing its job or doing a really shoddy job
Gemini Links 16/04/2026: Nocturnal Pulse, Unpersoned Outlaws, and Monaspace Lagrange Fontpacks
Links for the day
Richard Stallman Lecture in GDC Auditorium in Austin, Texas
corporate power could not 'cancel' the man
It's Not About the Head, It's About the Masters (and Funding)
Regardless of who the OSI claims to be its leader, its masters are Microsoft, just follow the money
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 15, 2026
IRC logs for Wednesday, April 15, 2026
Links 15/04/2026: Geelong Corio Refinery Fire, Journalist Sentenced for "Insulting the President"
Links for the day
Gemini Links 15/04/2026: Organiding .bashrc with Imports, Oddμ as SSG
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 14, 2026
IRC logs for Tuesday, April 14, 2026