Bonum Certa Men Certa

EPO Management Gambled on Europe Being a Patent Litigation Hub/Capital, But It's All Coming Down in Flames Now

Battistelli's legacy is one of gaslighting and denial

Work for firefighter



Summary: Work for the EPO keeps declining (decreasing number of applications), quality of patents has clearly collapsed, and the UPC isn't coming to fruition, which means that layoffs are inevitable and the reputation of the EPO cannot be recovered

THE EPO, as always, carries on pretending that the UPC is coming. "This guide looks at how to obtain, maintain and manage Unitary Patents," it wrote yesterday, but there is no Unitary Patent and there probably never will be. As it stands at the moment, the UPC is a dangerous EPO management fantasy, which has already led to the unprecedented and premature assault on appeal boards. If there's no UPC at the end, there will be neither patent quality nor justice. It will be chaos.



"Very few SMEs actually need "unitary" anything because they don't operate in many countries."Bristows, which used to rave about the UPC, has almost nothing left to say. Yesterday it just threw this puff piece about a non-event and IP Kat wrote about a post-Brexit paper from UCL's Ilanah Simon Fhima. It's focuses on trademark law, but it's partly applicable to patents and it speaks of the "unitary" effect.

Also yesterday, the EPO carried on with its lies about SMEs (it started two weeks ago and the EPO has repeated these lies every day since). Very few SMEs actually need "unitary" anything because they don't operate in many countries. The UPC is a gift for those who fight against SMEs, notably multinationals and trolls. "These twelve examples stand as proof," the EPO wrote yesterday, adding that silly hashtag #IPforSMEs just like these radical front groups.

"About 4 years ago we expressed deep concerns about the European Patent Office moving in the exact opposite direction (opposite to the rest of the world), namely inviting trolls and software patents."As we said yesterday, software patents seem to be on the way out everywhere by China. We wrote about how, even in Japan (historically pro-software patents), courts have become very strict and intolerant of abusive litigators.

Yesterday, in fact, IAM too reinforced that view. It sounds as though JPO, the patent office in Japan, is getting fed up with patent aggressors harassing the real industry over there. To quote:

On Friday, the Japan Patent Office (JPO) said it would issue guidelines on SEP licensing negotiations after a month-long public consultation period. The policy document will stake out an official view on issues such as what constitutes good faith and reasonable royalties in SEP talks. But we don't know for certain how – if at all – the new plans are connected to an earlier proposal to introduce an alternative dispute resolution (ADR) system that has been described as “compulsory licensing for SEPs”.

[...]

It is possible that this latest JPO consultation reflects a scaled back attempt to have a say on key SEP issues after the more aggressive ADR plan met with resistance from industry. On the other hand, if the ADR plan is resurrected at some point, then these guidelines – particularly the provisions on royalty calculations – could wind up forming the basis for how the JPO determines rates in very important disputes.


About 4 years ago we expressed deep concerns about the European Patent Office moving in the exact opposite direction (opposite to the rest of the world), namely inviting trolls and software patents. This ugly legacy isn't the fault of Battistelli's predecessors but Battistelli himself. No doubt he'll be remembered as the worst ever EPO President -- the one who ushered in human rights abuses and made it acceptable for the EPO to lie to the public every day while corrupting the media.

Recent Techrights' Posts

Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
 
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
Falkland Islands: GNU/Linux Elevated to 6%
GNU/Linux usage seems to have increased a lot there
Links 16/08/2026: Reading Outside, Going Offline More, and Art of Computer Programming
Links for the day
The Question of Patience
Is there a lesson here somewhere?
IBM May be Sued for Mass Layoffs Via PIPs
Some whole threads (with all the long comments in them) recently got nuked by thelayoff.com
Links 16/08/2026: Ceuta Reports Social Control Media Used as a Weapon
Links for the day
Links 16/08/2026: Europe in Crisis of Droughts While Energy- and Water-Consuming, Pollution-Emitting Chatbots Are Spread by GAFAM (US) to Keep a Ponzi Scheme Going
Links for the day
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day