Bonum Certa Men Certa

EPO Select Committee is Wrong About the Unitary Patent (UPC)

Jérôme Debrulle
From Panel 2: Development of the European Patent System



Summary: The UPC is neither desirable nor practical, especially now that the EPO lowers patent quality; but does the Select Committee understand that?

The EPO's Web site describes the Select Committee's mission as follows: "The legal basis for the Select Committee is Article 9(2) of Regulation (EU) No 1257/2012 ("the Regulation") and Article 145 EPC. The committee has been set up by the 25 member states participating in the unitary patent, to supervise the EPO's activities related to the tasks entrusted to it in the context of unitary patent protection. The committee's competences include the setting of fees."



"According to insiders, Battistelli is trying to replace examiners with machines, paving the way to even worse patent quality."According to this Staff Committee report [PDF] on the 147th meeting of the Administrative Council (early 2016), the following statement was made in German by the Select Committee: "Wir begrüßen jeden Fortschritt in Richtung des einheitlichen Patentschutzes. Ich versichere Ihnen, dass das Personal hochqualifiziert ist, um das Einheitliche Patent mit sehr guter Qualität zu prüfen. Wie Sie wissen, werden europäische Patente oft nur in wenigen Ländern validiert. Mit dem Einheitlichen Patent wird es aber in vielen Staaten von uns erteilte Monopole geben. Daher ist es wichtig, dass eine sehr hohe Qualität gewährleistet ist. Ein sorgfältig geprüftes Patent benötigt aber Zeit. Wenn Sie auf Effizienz schauen, sollten nicht nur Produktionszahlen im Vordergrund stehen. Wenn die erteilten Monopole für die Wirtschaftslandschaft in Europa nützlich sein sollen, ist eine unbegrenzte Effizienzsteigerung nicht denkbar. Wir sind daran interessiert, immer besser zu werden. Eine Unterstützung durch IT-Tools ist sicher sinnvoll, aber versprechen wir uns nicht zu viel davon. Recherche und Prüfung muss immer von Menschen gemacht werden, wenn sie sinnvoll sein soll. Software ist und bleibt immer nur ein Hilfsmittel. Beachten Sie also, dass eine Steigerung der Effizienz bedeutet, dass pro Patentanmeldung im Durchschnitt weniger Zeit investiert wurde. Der Patentprüfer hat weniger Zeit für die Bearbeitung der Anmeldung gehabt. Wir sind bereit, zur hohen Qualität des Einheitlichen Patents beizutragen. Hierzu benötigen wir aber eben auch genügend Zeit, und ich hoffe darauf, dass Sie dies nicht außer Acht lassen werden."

It says something along the lines of "we welcome any progress towards unitary patent protection."

Obviously, as this is their mission, but the informed public is against it.

"I assure you that Staff is highly qualified to test the Unitary Patent with very good quality," the above says, but under Battistelli (UPC booster) patent quality already nosedives.

"EPs are being invalidated in courts, yet Battistelli remains unaware of this."The Chairman of the Select Committee (we assume Jérôme Debrulle) says "it is important to have a very high quality is guaranteed." Well, that's already a failed objective. Battistelli ruined the EPO, which certainly cannot be trusted to provide patents with unitary (Europe-wise and beyond) effect in prosecution.

"A support from IT tools is certainly useful," the Chairman says, "but ... research and testing must always be done by people..."

According to insiders, Battistelli is trying to replace examiners with machines, paving the way to even worse patent quality. There's Early Certainty that Battistelli is losing his mind.

"We are ready for the high quality of the Unitary Patent," the Chairman says, but what quality is that? EPs are being invalidated in courts, yet Battistelli remains unaware of this.

Recent Techrights' Posts

Brett Wilson LLP Sent Over 5 Kilograms (or Over 12 Pounds) of Legal Papers! Because Writing About Microsoft Abuses is 'Illegal'.
How do you guys sleep at night? On a big pile of Microsoft money?
Extremism as a Weapon Against GNU/Linux (Microsoft Lunduke)
He ought to know the Halloween Documents. Wasn't he a Microsoft employee when these came out?
 
GNU/Linux Was Always a 'Movement' of Inclusion of Tolerance
Even the licences themselves remove access barriers
Links 09/07/2025: "Subprime AI Crisis" and "OpenAI May Be in Major Trouble Financially"
Links for the day
Huge Piles of Legal Papers ('Paper DDoS') Do Not Impress Judges and Regulators
they just make judges and regulators even more suspicious of the eagerness to resort to 'paper DDoS'
Lunduke Isn't Even Hiding His Anti-Linux Agenda (From "Linux Sucks" to "Linux is Pedophiles")
just trying to make a lot of trouble
Some People Use Computers to Get Actual Work Done
Tolerance and inclusion must extend to acceptance that some people don't agree with you, might never agree with you, and imposing what allegedly works for you on them is unreasonable
Example of "Old" Things That Still Work
The notion that something being "old" implies it must be discarded is typically advanced by those looking to sell more of something
Some Scheduled Maintenance Later Today
Typically the most vulnerable service during short interruptions is IRC
Computers Are Just a Tool
People don't get married because they love weddings, folks don't join the army because they love war, and most drivers don't drive to work because they love cars
Apple Way Past Its Prime
Apple deserves a decline
The FSF's SysOps Team Recovered From Serious Hardware Issue Within Hours
About half a day ago I noticed that all/most GNU/FSF sites were not reachable and thus reached out to a contact for any details
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 08, 2025
IRC logs for Tuesday, July 08, 2025
Slopwatch: Turning Bugs Into FUD About "Linux", Getting Basic Facts Wrong
all the screenshots are of fake articles; we don't want to link to any
Technical Reasons, Not Politics: With Wayland "it feels a lot like Linux from 20-25 years ago, which is horrendously frustrating, because it feels like we wasted one or two decades of progress and stability"
Lately, quite a few benchmarks were published to show Wayland compares poorly compared to what we had
PCLinuxOS Recovering From Fire
It looks like a nightmare scenario, where even backups onsite get destroyed
Links 09/07/2025: More Heatwaves, Officials Culled in Russia
Links for the day
Gemini Links 09/07/2025: XScreensaver and Resurrection
Links for the day
Links 08/07/2025: "Cyberattack Deals Blow to Russian Firmware" and "Cash Remains King"
Links for the day
FSF40 T-shirt message
by Alex Oliva
Gemini Links 08/07/2025: Creativity, Gotify with NUT Server, and Sudo Bugs
Links for the day
More on "Lunduke is Actually Sending His Audience to Attack People"
"pepe the frogs"
Links 08/07/2025: Sabotage of Networking Infrastructure, Microsoft XBox Game Pass Deemed “Unsustainable”
Links for the day
Dalai Lama Succession as Evidence That Determined, Motivated People Can Reach Their Nineties
And we need to quit talking about their death all the time
Many Lawyers (for Microsoft) and 1,316 Pages to Pick on a Litigant in Person Who Exposed Serious Microsoft Abuses
Answers must be given
Gemini Links 08/07/2025: Ancillary Justice and Small Web July
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 07, 2025
IRC logs for Monday, July 07, 2025
Layoffs and Shutdowns at IBM, Not Just Microsoft
Same as Microsoft
The FSF's (Free Software Foundation, Inc.) 2025 Summer Fundraiser Already Past Halfway Line
This is where GNU/Linux actually started
With Workers Back From a Holiday Weekend, Microsoft Layoffs Carry on, More Waves to Come
Now it's Monday and people are bad to work, even some journalists
Mozilla Had No Good Reason to Outsource Firefox Development to Microsoft
What does Mozilla plan to do when GitHub shuts down?
Mozilla Firefox Did Not Die, It Got Killed
To me it'll always look like Mozilla got killed by its sponsors, especially Google, which had a conflict of interest as a sponsor
You Need Not Wave a Rainbow Flag This Month to Basically Oppose Arseholes Looking to Disrupt and Divide the Community
Don't fall for it
Dan Neidle, Whom Brett Wilson LLP SLAPPed (on Behalf of Corrupt Rich Tax Evaders), Still Fighting the Good Fight
Neidle fights for the poor people
What Miguel de Icaza and Microsoft Lunduke Have in Common
Similar aims, different methods
Wayland Should Start by Dumping Its Very Ugly Logo
Wayland wins the "ugliest logo" award every year
Stop Focusing on Hair Colours, Focus on Corporate Agenda
If someone commits a crime, it does not matter if his or her hair was mostly white or there was no hair or a wig or whatever
Links 07/07/2025: Science, Conflicts, and a Fictional K-pop Group
Links for the day
Gemini Links 07/07/2025: Being a Luddite and Announcement of Gotify
Links for the day
Links 07/07/2025: XBox Effectively 'Dead', DMCA Subpoena Versus Registrar
Links for the day
The 'Corporate Neckbeard' is Not the "Good Guy"
Works for IBM
The Nasty Smear (and Stereotype) of "Neckbeard" or "Greybeard" is Ageism
This is the sort of stuff they might try to volley at critics of Wayland
Why Many of Us Use X Server and Will Continue to Use It For Many Years to Come
Don't make this about politics
Microsoft's Nat Friedman Became Unemployed the Same Time the SLAPPs Against Techrights Started Coming From His Friends (Weeks After We Had Exposed Scandals About Him and the Serial Strangler, His Best Friend, Who Got Arrested a Few Days Later)
Nat Friedman is not "Investor, entrepreneur"
Brett Wilson LLP Uses Threats to Demand Changes to Pages or Removal of Pages Without Even Revealing Which Staff Member Does That (Sometimes People From Another Firm!)
This has been in the public for years
Dan Neidle Said "It Really Then Became a Job of Tormenting" Lawyers Like Brett Wilson LLP (Who Threatened Him for Exposing Crimes, Just Like They Threatened My Wife a Few Months Later)
he and his wife decided to take on the evil people and their evil lawyers
Large Language Models (LLMs) Externalise Their Cost to the Free Software Foundation (FSF)
"The forty-sixth Free Software Bulletin is now available online!"
Weeding Out Extremism in Our Community
To me it seems like Microsoft Lunduke is rapidly becoming like a "hate preacher" who operates online, breeding an extremist ideology or trying to soften its image
Censorship Versus Fact-Checking and Quality Control
It's not censorship but a matter of quality control
Reinforcing the Allegations Some More, Bryan Lunduke Digs His Own Grave
In his latest episodes he merely repeats his own lies, which I debunked using evidence right from his own mouth
Global Warming and Free Software as a Force of Mitigation
we'll need to think about Software Freedom, not just brands like "Linux"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 06, 2025
IRC logs for Sunday, July 06, 2025
Gemini Links 07/07/2025: BaseLibre Numerical System and TUI Rant
Links for the day