Bonum Certa Men Certa

Benoît Battistelli Distracts From Declining Patent Quality at the EPO by Diverting Attention Away to “Timeliness”

Battistelli and the EPO are running out of time (and applications)

Big clock



Summary: The declining quality of services at the EPO -- a decline which is being noticed and likely contributes to the decline in the number of patent applications -- is something which Battistelli covers up by bragging about the very symptom of declining patent quality (and thus reduced certainty)

AT THE EPO, according to leaks, patents are granted faster and with less examination. It's atrocious. Speed and quality are very different things, but according to an anonymous insider, the latest EPO lie was conflating those two things.



"Speedy grants don't offer legal certainty but the very opposite."Yesterday, Benoît Battistelli bolstered this lie in his blog (warning: epo.org, so it can be used to harvest IP addresses of visitors). The graphs shown by the Liar in Chief merely serve to confirm that the Office works in a rush, granting patents irrespective of quality (as the number of examiners did not grow). "The EPO therefore offers legal certainty," Benoît Battistelli concluded. Is he really that foolish? One can tell based on his career path, which involved no science at all and nothing regarding "IP" until his mid fifties.

Speedy grants don't offer legal certainty but the very opposite. If the EPO grants bogus patents that courts will reject upon closer scrutiny, certainty around patents is lowered and those who benefit most are patent trolls (litigation tourists) which go after small businesses as these aren't able to afford legal defense. What a disaster! Look at what's already happening in Germany...

"Why should the users of system pay for a service which is not any longer delivered by the EPO?"

That was the question posted in a comment yesterday. Here it is in full:



Why should the users of system pay for a service which is not any longer delivered by the EPO? The fees are high enough, and it is €´clear that there are gripes about the falling quality.

There is one way to draw the attention of the management, and it is for free: file a complaint.

Be careful, in such a situation it is the examiner which will be the primary target.

Do you really want this?

Inquire as to what happened to the examining division which granted the building site wagon with a window to be used as hair dresser saloon.



Incidentally, yesterday an article was published by a legal firm that said "Abbvie repeatedly withdrew their patents when they were about to be decided upon." It's about the EPO too. Here is the relevant bunch of paragraphs:

Fujifilm and Abbvie had entered into lengthy EPO and UK validity proceedings where Abbvie repeatedly withdrew their patents when they were about to be decided upon. Ultimately, Abbvie tried to avoid the grant of a declaration in this UK case by abandoning their UK designations of patents and undertook that they would not seek relief in the UK.

The High Court found that in light of the prior art adduced by Fujifilm, the skilled team would have had a high expectation that the dosage regimen would be efficacious in the treatment of rheumatoid arthritis, thereby holding that the proposed administration of Fujifilm’s products was obvious at the relevant priority date of the patent application.

Fujifilm sought an Arrow declaration arguing that the purpose of Abbvie abandoning the patents was to avoid adjudication of its patentability by the UK court and EPO whilst seeking to ensure that the subject matter of the alleged invention was maintained by a further divisional application. Fujifilm said that it would be many years before the EPO would be in a position to adjudicate on the patentability of the divisional in question, and that the granting of the Arrow declaration would serve a useful purpose, by achieving commercial certainty in respect of Fujifilm’s product by the date of its intended launch in the autumn of 2018.


It looks as though Battistelli has 'imported' the worst elements of the USPTO into Europe. Patent trolls are already taking advantage of this, as we have been showing for a number of months (the raw numbers speak for themselves). UPC would only further exacerbate this.

Recent Techrights' Posts

Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026
Microsoft's Bing Down to 0.5% in Armenia
Microsoft does not want shareholders to see this
Libel by Bots: Unexplored Legal Area?
Liability can be traced back to the operator
Maybe Obvious, But Merits Repeating: A Lot of "Demand" for Slop is Faked, Manufactured, Fabricated by Dark Patterns, Bundling, Media PR (Deception/Hype) Campaigns
Over the past few years many products and services got rebranded as "AI"
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day
IBM's Accounting Claims Don't Add Up
IBM is an enigma. To Wall Street is claims to be doing extremely well, but insiders tell the complete opposite.
Links 13/02/2026: "Cofounders Fleeing MElon’s xAI" and IOC Opposes Solidarity With Ukraine's Fallen
Links for the day
IBM is Becoming "Garbage In, Garbage Out" (GIGO) "Just like Arvind and Krabanaugh." (CEO and CFO, Respectively)
There are some decent new comments about IBM this morning
Gemini Links 13/02/2026: Square Function with Diode Network and Calls Against Discord
Links for the day
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs