Bonum Certa Men Certa

Decline of Skills Level of Staff Like Examiners and Impartiality (Independence) of Judges at the EPO Should Cause Concern, Alarm

EPO insiders say that hiring standards have sunk (more on that soon) and new examiners now rely on algorithms rather than in-depth knowledge

GrandcomputerSummary: Access to justice is severely compromised at the EPO as staff is led to rely on deficient tools for determining novelty while judges are kept out of the way or ill-chosen for an agenda other than justice

THERE are no software patents in Europe. In theory at least. The EPO does not obey the rules and grants software patents anyway -- something which the USPTO (birthplace of software patents) is gradually stopping.



What can stop the EPO issuing software patents? Most likely the appeal boards, but they have come under attack from Battistelli and years ago they lost their impartiality. 3 years ago Battistelli went as far as making false claims about one of the judges (painting him as some sort of an armed Nazi) and nothing has been the same since. The appeal boards are still there in spirit (in Haar) and routinely they complain that they are unable to operate as envisioned by the EPC.

IAM's editor, as one might expect, continues his veiled lobbying for software patents and patent trolls. He has already done that twice in the past week (using the typical euphemisms, FRAND/SEP) and yesterday he carried on by copy-pasting Johann Pitz – a partner of Vossius & Partner in Munich – which speaks of "future EU unitary patent" even though there is no such thing! It's a fantasy and one of the reasons for that is lack of impariality of judges, including their selection process and renewal of contract. We covered that before. It's an abomination that would rattle the people behind the EPC (the few who might still be alive).

Also yesterday. IAM wrote this blog post about KIPO (the patent office in Korea) going 'corporate', appointing a judge with an obvious conflict of interest (far too many connections to industry). To quote:

The IPTAB is gaining not only a very senior corporate IP figure, but a substantially pro-patent one. Last year, under Kim’s leadership, LG Electronics launched its first US patent litigation campaign as a lead plaintiff, a big step toward extracting further value from its portfolio. In recent years, Kim has closed IP deals with operating companies such as Microsoft, Ericsson, IBM, Technicolor and Amazon, as well as with NPEs [read: patent trolls] including Evolved Wireless, France Brevets, and PanOptis.


This man may have literally brushed shoulders not only with executives whom he'll see in court but also patent trolls. That certainly can ruin the impression of independence and some officials just don't seem to mind.

The importance of preventing such 'revolving doors' scenario became more obvious yesterday, in light of the following interesting exchange between one who thinks of EPO hirings in terms like "free market", perhaps not grasping that the EPO (like the court system) enjoys a monopoly and should thus be subjected to higher standards. As IP Kat has already nuked entire comment threads, we have decided to reproduce this exchange below:

Some may view your post as cynical, but when you view ANY business operation - and most all business operations are based on that very same concept - why is it that you think that examiners should be excused from the (seemingly) natural market forces that affect everyone else?


Exactly which "market forces" do you believe are at play with regard to the recruitment of EPO examiners?

The EPO is an international organisation that has a monopoly on dishing out (EPC-wide) monopolies. This means that the EPO does not have any relevant "competition". It is therefore completely inappropriate to apply "free market" concepts to such an organisation.

Of course, should its "users" so demand, then it might be appropriate for the EPO to look for ways of reducing costs (and hence reducing fees). But even then, one has to balance any drive to reduce costs against other demands that the "users" of the system may have.

At this point, it is important to remember that the "users" of the system include 3rd parties whose freedom to operate will be curtailed by the monopolies that the EPO grants.

It is therefore inconceivable that a majority of the EPO's "users" would ever be in favour of any cost-cutting that compromised the ability of the EPO to conduct high quality examination. From this perspective, it hard to see what justification there could possibly be for adopting recruitment practices that are aimed at "de-skilling" the EPO's entire examiner base.


You misunderstand the aim of my earlier comment.

It is not that the EPO "has competition" - or not. It is nothing whatsoever to do with the "users" of the system (therein lies nothing but dust-kicking).

It is that the EPO may apply what is no more than standard business protocols to its own work.

Or do you think that such is somehow off limits? Under what basis would this power to set as "off limits" come from?


I think that you are rather missing the point.

There is no "standard business protocol" when it comes to a patent office. This is because there is no "business" to speak of.

Patent offices exist for the sole purpose of being the first (and most important) gatekeeper to a state-sanctioned monopoly. A patent office therefore only serves its purpose if it applies adequately (but not overly) stringent criteria to the grant of a monopoly.

So yes, it is "off limits" to consider adopting practices that are liable to render the patent office not fit for purpose.

It is interesting to note that the European Medicines Agency values its "skilled" staff so highly that it believes that the new location for the Agency should only be selected from the cities that staff surveys show would provide a high retention rate.

The EMA is much like the EPO in that it examines applications to check that they meet suitable standards. So if retaining skilled staff is such a high priority for the EMA, why should it be any different for the EPO? Improvements in efficiency are one thing, but my view is that any "improvements" that would render the EPO incapable of performing its function should never even be contemplated.


As we have been arguing for a number of years, people don't simply "opt in" for the EPO. They can be sued at any time by any other company using patents granted -- rightly or wrongly -- by the EPO. The EPO can be very dangerous (and powerful in a dangerous way) if put in the wrong hands and UPC would extend the breadth of reach of European Patents, increasingly granted in error by decreasingly skilled staff at the EPO (if not by algorithms which don't quite work).

EPO Frame Breaking

Recent Techrights' Posts

Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
GNOME Foundation's Microsoft Developer Account
"Lately they're teaming up with Mozilla to eliminate middle click paste - something which I use continuously."
Links 10/01/2026: "Abolish ICE or GTFO", Calls to Ban X/Twitter From Apple/Google App Stores (or Implement National Blocks) Over MElon Turning It Into Non-consensual Deepfake Porn Site
Links for the day
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
 
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026
Monday, January 12, Red Hat Layoffs Allegedly Planned
We'll update this post or follow up if or when we get more information
Slop Still Becoming Rare as Another Week Ends
Generally speaking, calm and quiet is desirable, it's what we hope for (an absence of slop, a lack of need to keep abreast of it, ultimately)
Links 10/01/2026: Iran Offline, Venezuelans Decry Civilian Casualties
Links for the day
GAFAM Wants War
Go war! Go bailouts! Go debt! Go Wall Street!
GNU/Linux and Chromebooks Rose to Almost 10% in Haiti
What's noteworthy is that this month GNU/Linux is measured at around 8% and ChromeOS at about 2%
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day
Plot Twist: Microsoft MSN Relays Articles Hinting at or Pointing to Mass Layoffs Soon, Other Gossip
the narrative from Microsoft's "PR bunny" (Shaw) is showing mold already
Links 09/01/2026: Google and Character.AI Implicitly Accept Chatbots Kill Kids and GLP-1 ‘Slimming Pens’ Turn Out to be a Lot Worse Than Advertised
Links for the day
'Vibe Coding' is Not "AI", It's a Sewer, It is Junk
Linus Torvalds was wrong. 'Vibe coding' isn't good for anything.
GNU/Linux May be Approaching 10% "Market Share" in Montenegro
The surge started around 2021
At IBM, "Employee Reviews" (or Appraisals in the UK) Are a "Trojan Horse" for RAs (Mass Layoffs), a Waste of Time
comments from IBMer serve to suggest that appraisals can be precursors
Links 09/01/2026: Technical Blogging Lessons Learned and Google's Gmail Getting a Lot Worse
Links for the day
More IBM Layoffs in India
If IBM cannot afford to retain workers in India, then something is truly "out of control" at IBM
Escaping GAFAM Colonialism Requires Homegrown Free Software
GNU/Linux now measured at 3% in Zambia
Dr. Richard Stallman Has Done No Harm to the GNU Project or the FSF (He Had Benefited Both, Always, Even After the Attacks on Him Began)
Some people try to prevent Dr. Stallman from speaking or having a platform where many people can hear him
GNU/Linux at 4% in Saudi Arabia, Says statCounter
Some years ago Windows fell to a "market share" of just 11% there
Microsoft Isn't Denying the Mass Layoffs
Still silence from Microsoft
In Western Africa GNU/Linux Flirts With 5% Market Share
there's a gradual increase in GNU/Linux usage there
Gemini Links 09/01/2026: Pro1 X Repair and the Mercury Protocol
Links for the day
Links 09/01/2026: Cambodia and China Extradition, "NATO’s High-risk Patrols Near Ukraine"
Links for the day
No, Microsoft Did Not Deny the Q1 Mass Layoffs (Microsoft Can Delay These)
Maybe they disperse or delay the layoffs (changing plans), but the layoffs are going to happen
Only One Person in Charge of Fedora is Not IBM Staff
This is not a community project, it's just a way for IBM to onboard unpaid volunteers
This Is Not a Drill, GNU/Linux is Really Going 'Mainstream' on Laptops (and Desktops)
It is important to explain to people software freedom
IBM Albany Layoffs
not only did many in the site lose their job; there's more to come "and likely another one in February" (weeks from now)
EPO Workers' Industrial Action to Include Many Strikes, to Last Several Months
In some ways, The Hague and Bavaria are becoming almost indistinguishable from Moscow
EPO People Power - Part XXIX - Getting DER SPIEGEL, FAZ, Deutschlandfunk and Sueddeutsche Zeitung (SZ) to Cover EPO Scandals
We kindly ask our readers to contact their local media and urge it to cover the scandals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 08, 2026
IRC logs for Thursday, January 08, 2026