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 Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
No Allure in Omarchy, the Political Hyenas Only Give it More Free Publicity
To me, Omarchy seems like a weak project because of the slop (an HR problem)
 
The Register MS Has Just Published Paid Spam That Says "AI" 19 Times
1.5 hours ago
Mainstream Media is Paid to Link "AI" Criticism/Boosting to Jeffrey Epstein Enablers, in Effect Showing How Corrupt This Media Became
Many readers will have noticed what was a paid-for PR campaign of a global scale
RSS is King: Why Having Subscribers or Followers in Sites You Neither Own Nor Control is Loss of Autonomy and Search is Mostly Slop (Plagiarising Sites, Not Linking to Them)
Because digital connections in third parties aren't assets; they endow another party with tremendous power over people (e.g. MElon getting to decide who can and cannot reach people or what messages to "dim down")
Claims of Tens of Thousands of 'Silent Layoffs' at IBM (and Red Hat)
Looking at recent activity in thelayoff.com, about 80% of the comments and posts are about PIPs
Links 27/08/2026: "Flock’s CEO Is Lying to Cops" and Microsoft's GitHub Actions Breaks Down Again (Too Many Layoffs, Loss of Knowledge)
Links for the day
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day
Links 26/08/2026: Patent Troll InterDigital Utilises Software Patents in Unconstitutional Court, "WikiHow Launches Copyright Infringement Suit Against" LLM Plagiarism
Links for the day
The Register MS Has New Fake Article ("SPONSORED FEATURE") With "AI" 21 Times In It
The Register MS is one among many culprits
Gemini Links 26/08/2026: “Doomsday Clock”, Rwanda Genocide, and Boasting About Using LLMs Instead of Writing Code (Due to Employer's Pressure)
Links for the day
Twitter is Not an API or a Communication Site, It's a Really Bad Site That Forces You to be Enslaved by Its Algorithm (Amplifying Its Owner's Worldviews)
the crackdown on Nitter means we should all avoid accessing or linking to x.com (Twitter)
Don't Let Bastards and Haters Grind You Down
They say "jealousy is the sincerest form of flattery"
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Goodbye, Dolly
This week we say "goodbye, Dolly."
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day