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

Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
 
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026