Bonum Certa Men Certa

Value of European Patents (EPs) is Diminishing, EPs Get Invalidated, and EPO Insiders Bemoan the Management's Lies About Patent Quality

Summary: EPO insiders (or affiliates nearby) explain just how bad patent quality has become -- due to the management's policies -- and why it poses a threat to the attractiveness of the EPO (where the number of patent applications is already declining)

THIS is precisely what we've warned about. For nearly a decade of covering the EPO. The bar has been lowered so much that, according to IP Watch (earlier today), "Companies Prefer Trade Secrets To Patents To Protect Innovation, EUIPO Finds" (interpretation/analysis of the cause notwithstanding).



"In some people's minds, the EPO is a failed institution whose remaining momentum is owed to its past glory."They're not wrong. Based on people whom I speak to regularly, the image of the EPO and the prestige -- so to speak -- of EPs just isn't there anymore. In some people's minds, the EPO is a failed institution whose remaining momentum is owed to its past glory. A lot of technical people in the UK read The Register and what they see there about strikes and tyranny not only repels them; it also harms the image of the EU. Such is the legacy of Battistelli...

A sister site of WIPR weighed in by mentioning a decision from Monday, albeit not directly noting that EPO grants of weak/bogus patents finally result in mass invalidations. It inevitably causes a reduction in the certainty of EPs and hence their overall value (real or perceived) -- something that no stakeholder should be pleased with.

To quote:

A European Patent Office (EPO) Board of Appeal has published its decision that invalidated a patent owned by Bristol-Myers Squibb (BMS) which covered a blockbuster anti-cancer drug.

Published on Monday, July 24, the decision invalidated European Patent number 1169038, a composition-of-matter patent covering dasatinib.

Dasatinib is a targeted therapy used to treat leukaemia sold under the brand name Sprycel. In 2016, the drug obtained worldwide revenues of $1.8 billion.


So another EP bites the dust. It should never have been granted and we can expect a lot more of that now that examiners are pressured to 'produce' more.

As mentioned here yesterday (we still hope that someone will leak the full text to us), EPO management now conflates time with quality. People were rather shocked to learn this. As the following comment put it:

That last comment from Anonymous made my jaw drop. Assessing "quality" on the basis of what one can measure? Seriously?

Amongst the things one can measure is the gap in time between paying the search fee and getting the search report.

Amongst the things one cannot measure is the "quality" of the search.

But nevertheless, EPO management announces that quality has increased, purely because the search reports are issuing faster.

What a joke!


Referring to the Croatian/German scandal we are covering (there's a lot more on the way), someone then wrote this:



Apparently, the content of the search or examination is of little interest to the department responsible for quality control, important is that they are out fast!

This sounds like the pioneering approach adopted by some smaller national IPOs a few years ago. Nice to see such techniques being successfully exported to the EPO.

"The acceleration of the administrative part of the proceedings, and thus the overall decision-making process on the merits of the matter, is in the interest of both the requester and the holder of the trademark.

In other words, upon receipt of a request for cancellation of a trademark, if it is in order, as required by Article 47 of the Trademark Act (Official Gazette 173/03, 76/07 and 30/09), the Office is required to forward the request to the holder of the trademark without any examination of the substantive merits, which was also done in this case."

http://www.portaloko.hr/clanak/navode-oko-koruptivnih-djelatnosti-uz-slucaj-frgacic-u-potpunosti-odbacujemo/0/3812/


Since this whole threat is so old and marginalised (the 'Kats' give no newer opportunity to comment on EPO scandals without going off topic), we wish to reproduce today's remaining comments as well (all 3 of them). Alison Brimelow (Battistelli's predecessor) was mentioned below:

I see now that I was too quick to express my disgust, how the EPO measures "quality" of assessing patentability.

If I gather it right, the EPO does not claim that search quality has improved. Rather, the assertion is that it has "never been higher". The difference is crucial. For any assessment that requires more than bean-counting or number crunching, the "never been higher" mantra is a safe one to utter, regardless how much it flies in the face of what we all know. Still, once BB defines "quality" as "timeliness", he can of course get the answer he craves.

Thus, Donald Trump can safely assert that there has never been a US President of higher "quality" than himself, because never has a President spent fewer working days in The White House. He must be the greatest Decider of all time, right?

Or the NHS can safely assert that the "quality" of orthopaedic (or brain) surgery in English hospitals has "never been higher" because each patient today spends fewer days in a hospital ward than used to be the case.

As Alison Brimelow urged, getting EPO search reports out on time is important. But the core quality of the search is something entirely different. Just suppose that, even as we speak, "core quality" is going down, just as fast as "timeliness" is going up. If the EPO President defines "QQuality" as the aggregate of core quality and timeliness, then "QQuality has never been higher" than it is today, even while core quality is worse today than it has ever been.


Then an explanation of why quick decisions are not necessarily desirable -- a point made recently by Thorsten Bausch (Hoffmann Eitle):

It is quite ironical that at the time when the EPO pushes for quick grant, the UK IPO has published a blog warning about the deleterious effects a quick prosecution might have.

https://ipo.blog.gov.uk/2017/07/13/queuing-the-rule-of-6/

The most relevant part: Can this [the grant procedure]be sped up?

Yes, but you should think carefully about whether a fast grant is in your best interests. For example, the earlier your patent application is published, the earlier the technology is in the public domain [at least quick publication can be avoided, as eventually all applications are published at 18 months].

Many applicants are happy to proceed to grant at a slower pace. This enables them to develop and plan the commercialisation and marketing of their invention, whilst the patent application process continues. It also gives them time to determine whether their invention is commercially viable before committing to a greater financial outlay.

Comment: I doubt that anything more can be said, but that the communication between the EPO and some of the national patent offices appears to be sub-optimal, to say the least!


Finally, some figures from someone who knows things from the inside (on the face of it):

What people should know is that examiners do not have the time to do their job. Let me explain: -examiners have an objective at the beginning of the year, let us say 100 files. -these 100 files should be examination and search, e.g. 50 searches and 50 examinations or 60/40, etc... -only end actions count in examination, so the 50 examinations can be 50 grants or 40 grants and 10 refusals, etc... -if you don't get your objective, you have a problem.

Basically, a few years ago the objective was reasonable. Say, you got 100 files to do and you could end up with 60 searches, 35 grants and 5 refusals.

Today, we have the combination of several factors at the same time: -it is not 100, it was increased to 120 or 140 or more (examiners have no say in that, they can object an unreasonable increase but the complain will not lead anywhere). Let us say 120. -the office is hiring plenty of new examiners, they get a high proportion of the searches (because they are starting, they have no stock). -consequently, experience examiners get less searches. For example, for the 120 files objective, you would normally need 75 searches, but your director has only 30 in stock for you for the whole year. Suddenly, you need to do 120-30=90 examination files. -now for the good part: only final actions count, but refusals take at least 6 months more. You need to summon for oral proceedings. You can either do your job correctly (and then you end up with 30 searches, 50 grants and 40 summons and are 40 files short or your objective as the summons do not count) or grant a few more "borderline" files to get to your objective.

I think that the only way out would be if the industry (applicants, representatives) would start to file oppositions massively. We still take the time to do a proper job on opposition files, while we don't on pure examination files.


Very interesting and important comments have been relegated to a thread from about four months ago, buried deep in pagination (due to the number of comments posted there since). It probably won't be the end of this thread about how quality of patents at the EPO went downhill. We'll continue to keep an eye on followups because therein exist opportunities to pull anonymous insights from inside the Office.

Recent Techrights' Posts

IBM Bubble Deflating After James Kavanaugh's Accounting Trick With 'Toxic Assets' Comes Under SEC Scrutiny
If something goes up based on false speculations, bonus numbers and self-serving lies, then it'll come back down, eventually...
The EPO's Corruption and Violation of Rules is Spreading to the United Kingdom (Software Patents)
Yesterday a letter was sent to the chief regarding salaries while reminding him of the next strike, which is only 11 days away
IBM Continues Tanking Today, Already $58+ Lower Than Recent High, Insiders Explain Why
The same CFO from the inception of Kyndryl is still the CFO at IBM
Put Criminals in Prison, Not People Who Report the Crimes
Can people be sent to prison for opposing crime?
Threats From 'Former' Red Hat (Now IBM) Staff While IBM's Likely Accounting Fraud Attracts Public Scrutiny
We must be getting "warm"
 
Mainstream Media Intentionally Ignoring EPO Strikes
“EPO on Strike!”
Jeffrey Epstein crypto disclosure: uncanny timing, Bitcoin demise, pump-and-dump, ponzi schemes
Reprinted with permission from Daniel Pocock
Gemini Links 12/02/2026: Avoiding Coffee, Trying Ubuntu, and "Open Source Robot"
Links for the day
Microsoft Slop CEO Speaks of Layoffs
They will go along with the "replaced by AI" baloney
In Systematic Contempt of the British High Court, Brett Wilson LLP Spent Two Years Lying to Courts and Breaking Rules Against Us
We criticise Brett Wilson LLP quite lot because of its conduct
IBM Kyndryl as "Aggressive “Enron” Accounting"
IBM Kyndryl continues to nosedive today
Relationships evidence: Tiago, Tassia, Thais, Antonio & Debian favoritism, nepotism
Reprinted with permission from Daniel Pocock
Debian pregnancy cluster: why it is public interest
Reprinted with permission from Daniel Pocock
State of the Slop, Slopfarms Containment
Slopfarms still exist this year, but their visibility is limited
Links 12/02/2026: Pushback Against, "NATO Is Expected to Step Up Arctic Security"
Links for the day
Links 12/02/2026: "Microsoft Just Forked Windows" and Windows Notepad is a Giant Security Hole
Links for the day
Windows Has Become Increasingly Irrelevant
There's a very massive wave of layoffs coming Microsoft's way
Our Most Successful Year Ever
The hired guns in London are eager to turn the UK into another China
Slopfarms Waning, But Not Extinct Yet
Metrics show that usage of LLMs is declining
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 11, 2026
IRC logs for Wednesday, February 11, 2026
IBM's Stock is Crashing
If it follows the trajectory of its satellite Kyndryl, it can fall and reach as low as $75
Gemini Links 11/02/2026: Sunny Morning and "KiCad Aims to Ease Linux Installation"
Links for the day
Microsoft Loses Ground in Switzerland
One issue is, Google and Apple seem to gain at Microsoft's expense
Microsoft Layoffs Must be Very Near (and Very Large)
just like IBM
Bringing Attention/Awareness of EPO Corruption and Cocaine Use to the Mainstream Media
What has Europe become? Prey to vultures?
The Solicitors Regulation Authority (SRA) Delusion - Part V - Everyone Seems to Agree That SRA is a Sham
We're going to start a new series soon
A Can of WORMS - Part V - Up Next: The Comeback of RMS in the United States
Guess who funds the cancellers
Matthew J. Garrett Has Just Sent a Threat to Put My Wife and I in Prison Because His Own Spouse Says He's a Rapist
What really intimidates him is his own spouse
Gemini Links 11/02/2026: Terminator Trilogy and Lagrange in the Apple App Store
Links for the day
Links 11/02/2026: Fentanylware (CheeTok) for ICE, Jimmy Lai Shows Journalism Became 'Crime' in Hong Kong
Links for the day
With Firefox Measured at 2% in the United Kingdom Time is Running Out for Web Site Support for Gecko/Servo Users
The open Web is rapidly dying while Mozilla celebrates and champions slop
Lawsuit reactions: EFF behaviour reveals zombification, censorship
Reprinted with permission from Daniel Pocock
Links 11/02/2026: $700 Billion Slop Bill, Social Control Media Under Political Fire for Deliberate Health Harms
Links for the day
Amended Input From Software Freedom Institute for EU Consultation on Free Software
"On 3 February 2026 Software Freedom Institute lodged a submission with the European Commission's inquiry into Open Digital Ecosystems"
Mobbing at the European Patent Office (EPO) - Part VI - Attacks on Staff and Attacks on the Law Merit Another New Series
new series coming shortly
Nadella's Mindless PR Spam Ahead of the Layoffs 'Snowball' (Adding Up Batches) Turning Into an Avalanche
Based on recent observations, the more puff pieces we see about Nadella, the closer we get to Microsoft "pulling the trigger" on mass layoffs
When Happens to Red Hat If (or When) IBM Collapses
IBM is in flux because its CFO is now implicated in what seems like accounting fraud
IBM's Financial Engineering (Accounting Fraud) Shell, Kyndryl Holdings Inc, is Insolvent
If this was done by the very same people who still run IBM, can we expect any better from "Sugar Daddy" IBM?
2026 a Very Productive Year and We Have Many Big Stories to Tell
maybe we'll produce 8,000 new articles/pages by year's end
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026
A "horrible week (hebdomada horribilis?) for the Solicitors Regulation Authority" (SRA)
The SRA is part of the SLAPP problem
EPO's Central Staff Committee (CSC) on EPO Social Dialogue
They've refrained from mentioning the industrial actions
Google Still Helping the Slop Pyramid Scheme, Encouraging Plagiarism Too
Google is a plagiarism company and it wants public solidarity for plagiarism by LLMs
The Register MS is Promoting Ponzi Scheme for Financial Fraud/Accounting Fraud Company, The Register MS Gets Paid to Do This
Published 6 hours ago
IBM's Kyndryl Managed to Fall to Less Than a Quarter of Its Past Year's High
Imagine IBM falling to $75
Gemini Links 10/02/2026: "The Luminous Dead", Matrix, and Containers
Links for the day
Links 10/02/2026: Media Freedom Feels Dead in Hong Kong and Grammys, Superbowl Becoming Politics
Links for the day
Kyndryl CFO Harsh Chugh Comes From IBM (17+ Years)
Who would want such a position?
IBM RAs (or PIPs) in London, England?
They try to keep the lid on it
International Buybacks Machines
Will the current US administration/regime look into IBM's accounting or only its mini me's?
IBM Could be the Next Kyndryl, a Dinosaur With Accounting Fraud
Many shareholders (or even pension funds) are taking a big hit today
Ian Murdock Died in San Francisco 10 Years Ago. Cops Led to His Death.
10 years ago Ian Murdock died after cops had messed him up
US/Europe divergence: health & safety, criminality & Debian harassment culture: Open Digital Ecosystems submission F33370170
Reprinted with permission from Daniel Pocock
Links 10/02/2026: Splinternets and "Meta Goes to Trial in a New Mexico Child Safety Case"
Links for the day
Russia and China Best Off Without GAFAM
What if they abandoned GAFAM?
Will Finns Put Out the Online Cigarettes?
More people recognise that the child porn site formerly known as "Twitter" and Cheeto/Pooh-tin controlled TikTok are no longer trustworthy
As the US Economy Sags Microsoft Layoffs Carry on (Now in Larger Waves Like 15,000 Per Season or 30,000+ Per Year)
They try to avoid "negative" topics
GNU/Linux at 3.99% in Australia
now that Australians can no longer keep Vista 10
Microsoft Windows Falling
analytics.usa.gov Shows Rapid Erosion of Windows Market Share Since 'End of 10' (Vista 10)
Microsoft Windows Hits All-Time Low in The Netherlands in 2026
Europe needs to rid itself or wean itself off GAFAM
SRA: SLAPPs From Russian War Criminals and American Men Who Strangle Women Are Acceptable
The SRA, by inaction, is complicit in this
The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
From Weber Shandwick (Microsoft PR) to Brett Wilson LLP (Hired Gun of the Serial Strangler of Microsoft)
they basically tried to charge me a lot of money for a PR project of someone who strangled women
The Solicitors Regulation Authority (SRA) is Not a Regulator, It's Part of the Litigation "Industry" in the UK (They Overlap Each Other)
Does nothing except talk about SLAPPs
Brett Wilson LLP Seems to Have Done for Roberto Foa What It Did a Year Earlier for the Serial Strangler from Microsoft
Repeat abusers (of the legal system) will misuse it as long as regulators do nothing
In Finland, Microsoft Falls Behind Yandex (Russia)
Bing has had many layoffs in recent years
Security More Advanced in Geminispace Than on the Web (Bloat)
For real security, use Geminispace capsules, not Web sites
Slop at Microsoft is a Miserable Failure, Now Microsoft Takes the "Vista Route" (Paying People to Say Good Things About It)
This is brainwash, it's meant to delay the implosion of the bubble
Rumours About February 2026 Microsoft Layoffs: Silent Layoffs or 30,000 Culled Tomorrow
Sooner or later (and soon) Microsoft will need to say something and file some WARN notifications
GNU/Linux at 12% in Guam, Based on statCounter (Compared to 2-3% a Year Ago)
Guam's "uptick" in GNU/Linux usage started weeks after "end of 10"
Where We Stand With the Winter Series
We'll need to protect names and sources
Fighting Slop With the Public Domain (and Why Slopfarms Perish Faster Than New Ones Appear)
We can combat the nonsense by producing more human-made works until the slop bubble implodes
After Employee Reviews at IBM Staff Expects Another Large Wave of PIPs and "RAs" (Layoffs)
From what we can see in the "public Web"
Gemini Links 10/02/2026: "The Last Messiah", Discord for Adults
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 09, 2026
IRC logs for Monday, February 09, 2026
Is Europe Abandoning Digital Opium?
GAFAM-controlled social control media