Bonum Certa Men Certa

Does the EPO Want Patent Quality to Decline Against the USPTO and Become Akin to SIPO?

Anything goes with crooked management like this...

MoU signed by Bergot



Summary: The EPO, which is trying to convert a patent system into a cash cow rather than a public service, risks losing public support and an applicants base (where it hasn't lost it already)

PATENT quality and scope (inherently similar things) have been a concern of ours predating Battistelli at the EPO. There just doesn't seem to be the same aspiration to quality that there used to be. It got even worse under Battistelli (compared to Brimelow and her predecessors) and the Administrative Council, a bunch of spineless chinchillas, just doesn't seem to genuinely care. It mentions "quality" every now and then, yet it takes no practical steps to assure it. The last meeting of the Administrative Council barely even brought up the subject and the next one, which is just weeks away, seems unlikely to even have it on the agenda. Battistelli continues to rely on his propaganda mill, IAM, to deny the issue with dubious surveys.



“After the US patent office ruled against the University of California in its battle for key patents on the CRISPR-Cas9 genome editing technology last week, UC put on a brave face.”
      --California Healthline
As people who read this site closely enough (not just EPO matters) would have noticed, the USPTO aided by the AIA gifts (notably PTAB) is growingly picky and selective on CRISPR -- essentially patents on life. Read this new article titled "University Of California Faces Uphill Climb In CRISPR Appeal". To quote: "After the US patent office ruled against the University of California in its battle for key patents on the CRISPR-Cas9 genome editing technology last week, UC put on a brave face. It might appeal the decision, it told reporters. It might settle for the patent it originally filed for, in 2012, and live with the fact that the Broad Institute, which prevailed at the patent office, gets to keep crucial patents that UC challenged. Unfortunately for UC, a public institution that could really use royalty and licensing revenues from CRISPR patents, experts in intellectual property suspect that even its fallback positions are no more solid than shaving cream."

"How many more patent applications will the EPO receive in the long run when attorneys need to tell clients that the EPO has gone awry?"Other publications too wrote about it this week [1, 2], as did we. Just see our Wiki and some of the latest things we wrote about the topic, culminating in PTAB's actions against CRISPR [1, 2, 3] (last covered yesterday). A couple of days ago we received an alert about this press release titled "European Patent Office To Grant CRISPR-Cpf1 Patent To Broad Institute, MIT, And Harvard University" (disappointing).

So the USPTO and PTAB make sceptical moves towards or against CRISPR, but the EPO under Battistelli (where examiners are under stress and are urged to reject of grant everything, as fast as possible, without sufficient research) does the opposite. What are applicants supposed to think? Yesterday I spoke to a highly-ranked university professor about this. He seems to be aware of what goes on at the EPO and he has informed his university. How many more patent applications will the EPO receive in the long run when attorneys need to tell clients that the EPO has gone awry? Job applications (and quality thereof) have already nosedived. How many applicants out there already prepare to just pursue patents at the national patent offices (NPOs)? We've heard from a few.

To quote from the press release: "The European Patent Office (EPO) has announced it intends to grant its first CRISPR-Cpf1 patent to the Broad Institute, MIT, and Harvard University, based on a patent application filed in June 2015."

Intention to grant and actual grant are not the same thing. Is this some sort of "early certainty" thing? Where people make decisions before they actually make decisions? Or make semi-official determinations without actually doing the work involved? This is Battistelli's legacy. There are many other bad legacies, including a plethora of abuses and one might say "corruption". Yesterday the EPO wrote about EPO procurement, telling people nothing about dodgy contracts and lack of tenders at the EPO. Also yesterday, the EPO said: "Join us on Wednesday for our free webinar on recent & upcoming law changes in India!"

"If firms take these patents to court and then find out that these patents are worthless (and invalidated on the spot), what good is the EPO's service to them?"Well, India has rejected software patents, whereas the EPO defies EU decisions if not orders to reject them. What does that say about the EPO? An entity above the law, no doubt! What can ever stop it? In Europe, pressure at all levels has perpetually attempted to stop the EPO's software patents (erroneous grants) and where has it gotten us? Battistelli is doing whatever he want. In India, by contrast, the pressure from the politicians and large corporations is to actually grant software patents, but the patent office managed to skirt them off or drive them away (time after time over the years). The Indian patent lobby, writing in IAM right now (a patent maximalist and his colleague Sunil Kumar Tyagi), offers tips for bypassing limitations. We recently wrote how India had adopted a process for speeding up applications of those with deeper pockets (the EPO did this first) and this one says: "Most patent applications in India are granted after amendments are made to the patent claims; there are few cases in which patent applications are allowed with no claim amendments. To speed up the examination process, claims can be amended on a voluntary basis or in response to objections raised in an examination report. This means that applicants can either file a request for voluntary amendment along with the associated fee or wait until the examination report is issued."

We certainly hope that whistleblowers inside the EPO will share stories with us about the decline of patent quality at the Office, with or without intent to make the information public (some people already tell us about this, but we cannot make public any of the details as that might jeopardise these sources). Dissent is strong inside the Office, partly because insiders believe they are being pressured to hastily grant patents they would not otherwise grant. If firms take these patents to court and then find out that these patents are worthless (and invalidated on the spot), what good is the EPO's service to them? For small companies, scenarios such as these can render them insolvent as patents are expensive to pursue and maintain (renewal), never mind the legal fees associated with litigation.

Comments

Recent Techrights' Posts

European Patent Office (EPO) Series: The Brotherhood of São Bento
The Palácio São Bento – or São Bento Palace – is the seat of the Portuguese National Assembly in Lisbon
Brett Wilson LLP Reported to Police for Trying to Throw Large Parcel Into Our Home
This morning the campaign of intimidation...
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
The Cyber Show Has "Exciting Guests Coming" and a Gemini Capsule
"Site development is ongoing but now settling into a more stable form"
 
IBM's Quantum Bubble Already Deflating
Shares down over $55 in a few days
SLAPP Censorship - Part 101 Out of 200: Women Come to Realise They Don't Wish to Participate in Attacking Vulnerable Women
It relates to another topic that we shall be covering in the coming weeks
Links 08/06/2026: Proprietary Loaded With Security Holes, Armenia Defies Russia
Links for the day
Gemini Links 08/06/2026: NetHack 5.0.0 and Slop as Cannibalism
Links for the day
Links 08/06/2026: "Rising Emissions, Depleting Water" Due to the Pyramid Scheme of Slop; "Canada Needs to Rebuild Public Telecoms"
Links for the day
GAFAM Bots Are Not "Good Bots"
There's nothing "Good" about Google
Links 08/06/2026: Criticism of Microsoft Trying to Criminalise Pointing Out Bug Doors, TikTok Now "Climate-Denying Social Media App"
Links for the day
GNU/Linux Measured at 10% in Liechtenstein This Month
it seems like statCounter wrongly classified some GNU/Linux clients as Mac clients and is now issuing a correction
Communicating With Freedom - Part III - Quibble Envisioned as a New and Easily Accessible Communications Platform Based on LibreJS
the FSF really needs to become more active if not proactive in promoting those sorts of things
Clownflare Says Majority of Web Traffic is Now Bots, But the Net is Another Story
Bots are to Clownflare what lawsuits are to lawyers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 07, 2026
IRC logs for Sunday, June 07, 2026
The Strikes at the European Patent Office Planned to Carry on for the Entire Year, Maybe Future Years as Well
There's a cautionary tale somewhere
Number of Patent Grants Has Plunged 23% Amid Strikes at the European Patent Office, Today There Are More Strikes (Strike Participation at Over 3,000, More Than Doubled Since Winter)
There is a growing crisis at the European Patent Office
E.E.E. Still Ongoing, the War on Copyleft/GPL Enables That
It also imperils security.
Gemini Links 07/06/2026: Lynx in the 'Modern' Web and 'Overcooked' (Plagiarised by LLM) Code
Links for the day
Links 07/06/2026: Java Needs Seawall, Egypt Blasted for Arbitrary Detention of Activists
Links for the day
SLAPP Censorship - Part 100 Out of 200: Interlude and Outline of the First Half, 3+ Months That Got Us Death Threats Connected to Brett Wilson LLP (and Cyber Attacks That Are Difficult to Attribute)
This week we plan to have a good time
Banning Things Versus Teaching People the Reason/s to Shun/Boycott Those Things
Prohibition has its limits
Links 07/06/2026: NASA's Mars Maven Declared Dead, Telegram Founder Pavel Durov Bemoans Russia's Crackdown
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 06, 2026
IRC logs for Saturday, June 06, 2026
Gemini Links 07/06/2026: How to Train Your Dragon (2010) and "Six Days of Play"
Links for the day
Links 06/06/2026: 'Epstein Problem' in Board of Directors of Microsoft, Surveillance Giant Google Under Legal Threats for Online Misuses
Links for the day
Software Freedom Takes a Lot More Than Coding
some of the roles in the Free software community that don't receive (m)any grateful words
Ubuntu is Losing to Other GNU/Linux Distros
"Linux Mint"
Old Articles Explaining That Patents - Especially Software Patents - Are Bad for Innovation
We've omitted more than 50% of the articles we had gathered as candidates for inclusion
European Patent Office (EPO) Crisis: Huge EPO Strikes, Profound Corruption, and Cocaine Use by Managers Tolerated
These strikes won't be ending any time soon
Why GNU and FSF Will Choose AV1 Over AV2 (It's More Widely Supported)
for the foreseeable future they'll stick with AV1
Mass Layoffs (RAs) and PIPs (Excuses to Sack) at IBM: Insiders Tell No Relation to Actual Performance
If many thousands are impacted by this, then certainly it is newsworthy
Links 06/06/2026: LinkedIn Infested With Spies, Ethernet WiFi Router On Pi Pico 2W
Links for the day
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026