Bonum Certa Men Certa

Deepening EPO Crisis and a New Report Titled “EPO Patent Filing a Rigged Game in Europe”

God and EPO



Summary: The demise of the EPO and of European Patents (EPs) under Battistelli, a man who fancies himself a god and ignores rationality for the sake of the litigation 'industry'

THE EPO scandals will pick up the pace again as people return from holiday. We have begun scrutinising it more closely, based on numerous alerting mechanisms and informants. The EPO knows it's in trouble because it never managed to catch anyone; its 'fishing expeditions 'never stopped anybody and neither did the SLAPP tactics (which merely emboldened us to write even more). Blocking Techrights accomplished almost nothing as people like EPO insiders can still read the site outside work. Many former EPO staff tell us that they too follow these developments closely. The EPO never caught us in a lie. We published nearly 2,000 articles about it.



"How much money has Philips wasted on EPs, whose value is likely to have vastly diminished due to the EPO's failings?"The head of the European Patent Organisation is about to leave. He was preceded by Battistelli, who is also going to leave (next summer). Guess who else is leaving...

Head of patents at the top EPO patenter (as per filings), Philips. How much money has Philips wasted on EPs, whose value is likely to have vastly diminished due to the EPO's failings? Remember that Philips has been a patent bully that uses proxies like Sisvel to attack and rob innocent companies at expos. Philips is definitely a patent aggressor, it just outsources the shakedowns to other firms. Sisvel, by the way, was presenting alongside the EPO not too long ago in Turin.

The news about the Philips departure was probably broken by Battistelli's favourite fake news site. It said this yesterday:

Brian Hinman, chief IP officer at Philips, will be leaving the company in the middle of this month, IAM can reveal. The departure is entirely amicable and has been driven by Hinman’s desire to be closer to and spend more time with his family. Since taking the position in 2013, Hinman has split his time between the US and Philips HQ in Eindhoven, and now wishes to re-establish himself full-time State-side.


Why did he leave after all this time? We're not easily buying the template of "spend more time with his family." We saw similar claims from the head of the European Patent Organisation; it later turned out, based on rumours, that his government actually fired him (albeit politely, giving him the chance to step down). We were never able to verify this based on hard documents, but the source of this claim is quite credible.

“Raimund Lutz says Germany’s Constitutional Court has asked for comments on the UPC lawsuit.”
      --Managing IP
The EPO cannot deny the fact that there is a crisis. The European Patent Organisation said so explicitly in an internal document. It used the word "crisis". It's also difficult to ignore the fact that IAM refuses to cover any of this. Managing IP too hasn't mentioned it in nearly a year. Right now it is (once again) organising a pro-UPC event where keynote speeches are from the EPO, namely the architect of Battistelli's regime and facilitator of human rights abuses, according to EPO insiders. A laster tweet said this: "Raimund Lutz says Germany's Constitutional Court has asked for comments on the UPC lawsuit."

So here we go again, Managing IP as UPC and EPO management's megaphone.

Managing IP is promoting this thing today. It's in Munich. Just serves to remind us of the incestuous relationship between EPO management and some of the media...

The patent microcosm too is culpable in the sense that the vast majority of it chooses to remain silent, unwilling to speak out against what is clearly breaking the EPO apart. Juve's poll/survey showed that Battistelli had a 0% approval rating among the respondents (a fact that was later recklessly spun by the EPO, internally).

Yesterday, writing about the subject more than 2 months late, Roschier's Anne Kyyrö and Vilhelm Schröder wrote about admission from the European Patent Organisation that EPs had been granted in error:

On 29 June 2017, the Administrative Council of the European Patent Organisation (EPO) made a decision by which it intends to change the earlier practice of the EPO regarding the patentability of products obtained by an essentially biological process. Said decision of the EPO amends Rules 27 and 28 of the Implementing Regulations to the European Patent Convention (EPC) by inter alia stating that plants and animals exclusively obtained by means of an essentially biological process will no longer be patentable. The decision entered into force on 1 July 2017. The amended rules are not only applied to European patent applications submitted on or after 1 July 2017, but also to European patent applications and European patents pending at that time.


The ramifications of this are huge and we wrote half a dozen or so articles about it. What happens now that people (or corporations) with EPs realise that they can lose these EPs overnight, without even a trial/appeal rights?

More interesting was this article from yesterday, which had been titled "Is EPO Patent Filing a Rigged Game in Europe?"

They have since then changed the headline to "Here’s Why the Current Patent Filing System May Be Stifling Innovation" and it covers 'legalised' tax evasion through patents (Patent Box regime was covered here many times before):

The Patent Box Regimes

Another important decision is to choose in which country bring the intangible asset to be protected. The larger the size of the taxpayer, the more money being managed, the greater the financial administration being more tolerant to the potential contributor. The consequences are many: the taxable amount payable in the country with the highest tax decreases, whereas the tax base to pay in the country with lower taxation increases. In this way, there is a detriment to the more expensive country, a benefit to the less expensive country and an additional benefit for the shareholders of that company.

Which countries demand less taxes? Switzerland does not attract much, in Europe every country sets the rates it wants and for this reason, the biggest companies in the world have transferred trademarks and patents to the Netherlands and Ireland where taxes are very low.

With the 2015 Stability Law in Italy, the Patent Box was introduced. Currently, income from patents and trademarks are subject to a tax of 31.4%, with the Patent Box it will halve to 16%. In France, the Patent Box was introduced in 2000 and provides for a 15% tax. In Hungary, introduced in 2003, a tax of 9.5%. In the Netherlands, introduced in 2007, a tax of 5%. In Spain, since 2008, 12%. United Kingdom, from 2013, 10%. Belgium, since 2007, 6.8%. Cyprus, from 2012, 2.5%. Malta, since 2010, there is no taxation. Switzerland has, since 2011, 8.84%. Portugal, from 2014, 15%. Europe is becoming increasingly weakened by “tax wars”.



The article's author then wrote about centrally-managed nepotism at the EPO -- a subject first exposed by Techrights with this leak -- an important leak that was later covered in international media and resulted in many face-saving moves from the EPO, then threats of lawsuits (SLAPP). Here is what it says:



The European Patent Organisation (EPO)

While this war is played, Munich decides: inventors and small and large companies from 38 European countries have to submit their patent application to the EPO (European Patent Office). The European Patent Office examines the applications and finally it decides whether to grant or refuse the patent. It takes roughly four or five years.

The procedure isn’t always fair. Companies such as Canon, Philips, Microsoft, Qualcomm, BASF, Bayer, Samsung, Huawei, Siemens, Ericsson and Fujitsu receive “V.I.P. treatment” from the EPO, although most of them are not even European. Due to the fact that they carry real money, they receive dedicated assistance and more attention. In conclusion, it goes against small inventors who will spend years and much more money to protect their idea. An outsider might well argue that the EPO operates like a business rather than a public service (to Europeans).

The EPO does not depend on Europe, it is not part of the European Union. It is a private institution that has immunity. So who controls the controller? The Administrative Council is made up of representatives of the member states. There is also the European Commissioner, who is an observer within the Administrative Council. However, there is no supranational authority independent of the council that exercises control over EPO’s activities.


The article correctly concludes by saying that "US applications have decreased substantially, while Japanese companies have presented a slightly lower number of applications."

Yes, the EPO is running out of work. This will, inevitably, mean a lot of layoffs.

Recent Techrights' Posts

It's Only the Second Week of September and Already Two Waves of Layoffs at Microsoft, Slopfarms and Microsoft-Funded Sites Spin It as "AI Investments" Rather Than Commercial Failure
A very large third one expected next week
If Your Machine Still Has "Secure Boot" Enabled, Then Microsoft Has a de Facto Kill Switch (Even If Your Machine Doesn't Have Windows and Never Had Windows)
It is not incorrect to call UEFI 'secure boot' a "kill switch"
Reddit is Corporate Propaganda
To make matters worse, Reddit ousted many original moderators
Jeff Geerling Shocked to Discover Many Metrics in YouTube Are Fake (His Audience Turns Out to be Much Smaller)
Maybe self-host all videos, don't rely on Google's "FOMO" cheating (addiction based on false assumptions)
EPO Workers Point Out that the EPO is Destroying the Planet Under the Guise of "Hey Hi" (It Also Grants Many Invalid Patents Illegally
On 12 March and 16 June 2025, staff representation met with the administration in the Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in Munich
 
From theregister.co.uk to theregister.com (US) to The Register MS (Run by Microsoft Operatives) and theregister.ai
The best way to break this racket (or cycle of hype and harm) is to break the chains of funding
Open Source Initiative (OSI) Culture of Censorship Necessitates More Speech
The OSI bans dissent or people who merely point out that the OSI is abusive
How to Reach Us Discreetly (Other Than Encrypted E-mail)
We're still managing to maintain a 100% source protection record. We soon turn 19.
LLMs Are Vastly Worse Than a Waste of Energy and the Externalities Are Huge
Worse than just higher power bills for everybody
LLMs Versus Search (Not Replacing Search But Engaging in DDoS Attacks Against Web Sites That Permit Searching)
The state of the Web isn't just bad; it's utterly terrible
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 08, 2025
IRC logs for Monday, September 08, 2025
The UEFI 9/11 - Part IX - Shunning Old Computers (in 2023 the Certificate Was Updated/Overridden, Underlying Aim May Be Herding/Forcing People to Get TPM and Other 'Novel' Restrictions)
the "upgrade treadmill"
Rumour: Second Wave of Microsoft Mass Layoffs in September to Commence Third Week of September
That basically answers questions like, "Any specific date or time of the month?"
Gemini Links 08/09/2025: Reality, ROOPHLOCH 2025, and Writing Another Gemini Client
Links for the day
Updating Firmware is Not the Solution But Only Additional Risk, Disable "Secure Boot" Today
firmware blobs are buggy, secret, impossible to audit, and barely tested
Microsoft Tim's DevClass (Part of The Register MS/Situation Publishing) is Full of Slop
Looking at many sites that are full of slop images is becoming an eye sore and hallmark of text too likely generated by LLMs or 'assisted' (tainted) by them
Microsoft Trying to Fake Demand for Slop. At What Cost?
That's a giant demotion and broken promises
Sunlight is the Best Disinfectant and Kryptonite/Garlic to Vampires
Transparency (sometimes described by words like "Sunlight" or "Truth") is paramount
The Register MS Uses Slop in Articles About Slop
we are fairly certain it's slop or CG based on other people's work
Visiting a Web Page or a Public URL Should be Safe, Predictable, and Benign
It's probably too late to "fix" the Web
The Register MS (Situation Publishing) is Paid to Spread Mindless Hype for the "Hey Hi" Ponzi Scheme and That's a Serious Problem
"Sponsored by Zoom."
Links 08/09/2025: Burger King Cracked, Cox v. Sony Analysed
Links for the day
Gemini Links 08/09/2025: Socialist Computer Museum and GAFAM/ByteDance/TikTok-Dominated Net
Links for the day
Links 08/09/2025: Tim Crook Disappoints Apple Faithfuls and Zuckerberg Lies (Financial Fraud) for Cheeto King
Links for the day
Turn Off Microsoft's Restricted Boot ("Secure Boot")
We're still running a series on this issue
Social Control Media Sites Have Become Bot Farms (Not Limited to LLMs and Automation)
linkedin.com was nothing but trouble and losses for Microsoft
Deep in Debt With the Magnitude of Losses Quickly Growing, Microsoft "Open" "Hey Hi" Now Uses Broadcom for Vapourware, Pretending It'll Do OK Next Year
At some stage it'll collapse
You Can Tell Microsoft is in Trouble When Its Own Fans and Staff Blast it
"Microsoft sinks billions into chasing artificial intelligence fads to hype up its share price."
Multiple Undersea Cable Cuts and We're Still OK
Microsoft customers experience problems
Lawyers Who Think They Are Online Assassins Don't Deserve a Licence to Operate
they've become a laughing stock in their "sector"
Microsoft Windows Fell to 3.9% "Market Share" in Bahamas
Based on statCounter
How the European Union (EU) Fell Out of Love With Free/Libre Software
Lots of bribery
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 07, 2025
IRC logs for Sunday, September 07, 2025
Gemini Links 07/09/2025: Scanner, Slop, and Chadobear
Links for the day
The UEFI 9/11 is 3 Days Away
Nobody denies that bad things will happen
Google Versus Journalism
Google played a big role in the demise of news sites
Gemini Links 07/09/2025: Advertising, Decentralized Archival, and Outsourcing to Bezos
Links for the day
Certificate Authority Let's Encrypt Has Almost Gone Down to Zero, Nearly Totally Extinct in Geminispace, the Few Capsules Still Using It Are Spam/Dead/Stagnant
This represents another decrease for Let's Encrypt; the last decrease was last week
Not Much Left in News Cycles
To be very clear, this does not describe "Linux" anything; it's true in just about every facet of news, except the paid-for fake "journalism" about "hey hi" (sites getting paid explicitly to maintain or rekindle hype)
Trying to Silence Techrights Was a Huge Mistake
Peter Thiel attacked a publisher for asserting, correctly, that he was gay. Now everyone knows it.
Throwing Away "Old" Computers (Mozilla and Other Climate Deniers)
Mozilla is not leftist
The UEFI 9/11 - Part VIII - Denial of Service and Selling Us WSL (Windows) Instead of "Risky" (Prone by Breakage by Microsoft) GNU/Linux
Restricted Boot (so-called 'SecureBoot') does not improve security. It is nothing but trouble. It's meant to trouble non-Windows users. In dual-boot setups, SecureBoot is a recipe for disaster because Microsoft keeps erasing or tampering with the boot sector, to paraphrase an associate
Slop is Extremely Rare in Geminispace, Slop Images Are Unheard Of (Despite Images Being Supported)
As long as Geminispace grows in terms of domains it's safe to predict the protocol will still be used in 2029 and hence Geminispace will turn 10
Links 07/09/2025: Robodebt Class Action, Fines, and Copyright Settlement
Links for the day
Links 07/09/2025: Yle Impersonated in Social Control Media, Boat-Attacking Orcas, Midjourney Sued Again
Links for the day
Slopwatch: LinuxSecurity, Linux Journal, and the Serial Slopper
Google won't tackle the issue because Google participates not only in relaying slop but also in generating lots of it
Links 07/09/2025: Google Fines in EU and "Your Internet Access Is at Risk"
Links for the day
Gemini Links 07/09/2025: Little Brother and Corporate Theatre
Links for the day
Links 07/09/2025: More Harms of Slop and Anthropic's Nightmare Scenario (Huge Legal Liabilities for Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 06, 2025
IRC logs for Saturday, September 06, 2025