Bonum Certa Men Certa

Higher Patent Quality Guarded Even Under the Trump Administration While the EPO Goes the Other Way

Patents by the bucketloads at EPO*, devaluing all European patents (past and present)

Empty bucket



Summary: The European Patent Office (EPO) keeps kicking the bucket, whereas the US patent system seems to be taking its old place, owing to more pedantic management that comprehends patent quality and its effect on patent trolls

THE EPO is all bad news these days, but the US patent system is exactly the opposite. We were delighted to learn today, based on this post published just after midnight, that "Michelle K. Lee is the Director of the United States Patent and Trademark Office" (i.e. she officially managed to keep her job under Trump, contrary to malicious rumours).



Regular readers of ours probably already know how she was personally attacked, heckled, falsely 'scandalised', subjected to a witch-hunt and even whispering campaigns (with fake news to that effect). She survived and endured all that. "I still do not sufficiently understand DC politics," Patently-O remarked, "to grasp why the Dir. Lee’s position was not public for the past 50+ days, but I am glad that we may now return to some semblance of normalcy in relations between the USPTO and the public."

"It's a symptom of a real problem; many illegitimate patents are still lodged inside the belly of the Office, presumed valid unless or until proven otherwise."We recently wrote about a dozen posts defending Michelle Lee, who had done a good job getting patent quality under control. We recently wrote about that notorious IBM patent on "out-of-office electronic mail messaging system” (covered before were even worse examples than that). It's a symptom of a real problem; many illegitimate patents are still lodged inside the belly of the Office, presumed valid unless or until proven otherwise. Just a short while ago yet another site wrote about this IBM patent, noting that "In January 2017 the United States Patent Office granted a patent application lodged seven years previously by IBM for an Out-of-Office email notification system. Seven weeks later IBM formally disclaimed the patent. What does this say about software patents?"

What does that say about IBM's widely-celebrated patents? What does that say about quality control among patent examiners in 2017, three years after Alice? Was this an accident, oversight, negligence, or simply an attempt to fill up quotas?

Earlier today in IP Kat someone commented on Merpel's last post (regarding the EPO) and noted that "EPO used to work like a machine producing reliable and high-quality patents..."

Now, however (as Battistelli kills the EPO by opening the patent floodgates), "[d]epending on the examiner, I simply get a patent that should never have been granted" (like the USPTO a decade ago). See? Even stakeholders realise that it's harmful to them and it's hardly shocking that Battistelli's approval rating among stakeholders sank to 0% (it does not get any lower than this). To quote the comment in its entirety:

Merpel, you really have done an excellent job. Many thanks for your dedication!

I had always great respect for the patent examiners working at the EPO. They produced detailed search reports. The correspondence with them during the examination phase showed profound technical know-how and a broad domain knowledge. I felt treated fairly in the procedures as well as in oral proceedings. The EPO used to work like a machine producing reliable and high-quality patents, no matter who was the primary examiner and no matter whether I was co-operative or not.

This has changed. Examiners told me that they mainly rely on the output of computer-generated overviews of the prior art now. Sometimes a simple search in Google produces better results than an EPO search report costing 1,875 euro. Furthermore, examiners now try to charge applicants for non-unity based on dubious reasons. I have received so many quasi-empty letters from examiners. It is obvious that they do not spend enough time anymore to get things right. Depending on the examiner, I simply get a patent that should never have been granted, or I have to deal with procedural traps into which they try to entice me.

I understand that the examiners have moved to this working practice because Battistelli introduced Rank and Yank. Last year, the EPO granted 90,000 patents, which is 50% more than in the years before. The examiners increased their production by 50% just to compete with their colleagues for a salary increase of about 2,000 euro per year, which only half of the examiners are entitled to receive.

I am sorry, but I have lost all my respect for the patent examiners in the EPO. They might be excellent scientists or engineers. But falling into this well-known trap shows that they are dumb, irresponsible, and greedy. The annual salary of a patent examiner is about 100,000 euro (tax-free). Battistelli managed to lure them with a bonus of 2,000 euro for every second examiner and achieved a performance increase of 50%.

But it is even worse. A judge remains in limbo, union officials have been fired, the appeal court will be moved to the outskirts of Munich. And the staff in the EPO remains silent. Poor people! They get what they deserve. "Even if you win the rat race, you are still a rat."


The above stakeholder ought to take a look at this leak. It's probably even worse than he or she imagines. _________ * Covered here in five:

  1. EPO Record Low on Quality of European Patents (EPs) in 2016
  2. The European Patent Office is Wasting Its Already Limited Budget on Misleading Press Releases/Paid-for Coverage That Overlook Sharp Decline in Patent Quality
  3. Latest EPO 'Results' Should be Grounds for Immediate Dismissal of Battistelli Rather Than Celebrations
  4. 'Evil Tongues' Inside and Outside the EPO Explain Why Battistelli's 2016 'Results' Are Bad While the Media Mindlessly Repeats EPO Management's Talking Points
  5. The EPO is Lying About Patent Quality in Its Official Web Site


Recent Techrights' Posts

GNU/Linux May be Approaching 10% "Market Share" in Montenegro
The surge started around 2021
More IBM Layoffs in India
If IBM cannot afford to retain workers in India, then something is truly "out of control" at IBM
Dr. Richard Stallman Has Done No Harm to the GNU Project or the FSF (He Had Benefited Both, Always, Even After the Attacks on Him Began)
Some people try to prevent Dr. Stallman from speaking or having a platform where many people can hear him
Microsoft Isn't Denying the Mass Layoffs
Still silence from Microsoft
In Western Africa GNU/Linux Flirts With 5% Market Share
there's a gradual increase in GNU/Linux usage there
Gemini Links 09/01/2026: Pro1 X Repair and the Mercury Protocol
Links for the day
No, Microsoft Did Not Deny the Q1 Mass Layoffs (Microsoft Can Delay These)
Maybe they disperse or delay the layoffs (changing plans), but the layoffs are going to happen
EPO People Power - Part XXIX - Getting DER SPIEGEL, FAZ, Deutschlandfunk and Sueddeutsche Zeitung (SZ) to Cover EPO Scandals
We kindly ask our readers to contact their local media and urge it to cover the scandals
 
'Vibe Coding' is Not "AI", It's a Sewer, It is Junk
Linus Torvalds was wrong. 'Vibe coding' isn't good for anything.
At IBM, "Employee Reviews" (or Appraisals in the UK) Are a "Trojan Horse" for RAs (Mass Layoffs), a Waste of Time
comments from IBMer serve to suggest that appraisals can be precursors
Links 09/01/2026: Technical Blogging Lessons Learned and Google's Gmail Getting a Lot Worse
Links for the day
Escaping GAFAM Colonialism Requires Homegrown Free Software
GNU/Linux now measured at 3% in Zambia
GNU/Linux at 4% in Saudi Arabia, Says statCounter
Some years ago Windows fell to a "market share" of just 11% there
Links 09/01/2026: Cambodia and China Extradition, "NATO’s High-risk Patrols Near Ukraine"
Links for the day
Only One Person in Charge of Fedora is Not IBM Staff
This is not a community project, it's just a way for IBM to onboard unpaid volunteers
This Is Not a Drill, GNU/Linux is Really Going 'Mainstream' on Laptops (and Desktops)
It is important to explain to people software freedom
IBM Albany Layoffs
not only did many in the site lose their job; there's more to come "and likely another one in February" (weeks from now)
EPO Workers' Industrial Action to Include Many Strikes, to Last Several Months
In some ways, The Hague and Bavaria are becoming almost indistinguishable from Moscow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 08, 2026
IRC logs for Thursday, January 08, 2026
Gemini Links 08/01/2026: "New Year, Old Plans" and Alex's "Butlerian Jihad"
Links for the day
LLM Slop About "Linux" Scarce and of Very Low Quality
At this rate, we reckon there may be one (or zero) per day by year's end
IBM's "Forever Layoffs" (to Bypass Warnings or Notices as Required by WARN Act)
There is a bunch of speculations about when the next "major round" of RAs will be
Attempts to Undermine This Site's Latest Series Using Intimidation, Threats, and Presumptuous Accusations
threatening language is less effective when everyone is an alibi
Links 08/01/2026: "Golden Smartphone" Scam and Riseup Account Issues
Links for the day
Links 08/01/2026: Possible "Collapse of NATO Over Greenland"; Journalistic Malpractice and "US Voters Hate Slop"
Links for the day
EPO People Power - Part XXVIII - A Sensitive Issue for Germany and The Netherlands
If Germans who read this series can communicate this to public officials or to their media, maybe they can strike a nerve and get the ball rolling
Age Discrimination at IBM Discussed Amid Mass Layoffs (Especially in the United States)
Workers are anxious. Are they next to face the axe?
Gemini Links 08/01/2026: Potentiometer Calculator, Power Outages, Why You Should Abandon Discord for IRC (e.g. Ergo), and Formatting Gopher Posts
Links for the day
Links 08/01/2026: More Software Patents Squashed, White House Repeats Misinformation From the Kremlin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 07, 2026
IRC logs for Wednesday, January 07, 2026
The Free Software Foundation (FSF) Looking to Add Associate Members
"Celebrate '26 by helping us reach our New Year's goal before Jan. 16: join as an associate member today. You will help the FSF remain strong and independent to empower technology users everywhere. Join us today and help us reach our goal of 100 new associate members!"
Only Google is Still Spreading Lots of Slopfarms' Fake News and Plagiarism About Linux
2 days' worth of Google News spewing crap out about "Linux"
Georgia Institute of Technology (Georgia Tech) Formally Announces Upcoming Richard Stallman Talk
Room 100, Scheller College of Business
Links 07/01/2026: Europe's 'Binding Commitments' on Ukraine's Security, "Venezuelan Leaders Project Independence"
Links for the day
Gemini Links 07/01/2026: Smart Toaster and Social Control Media Fatigue
Links for the day
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Even Microsofters Now Speak About Microsoft Reportedly Planning to Sack 10% of Its Staff (as Early as This Month, or 2 Weeks From Now) as Real Income Falls
Microsoft buying from Microsoft isn't real income, it is accounting fraud
The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026