Bonum Certa Men Certa

Benoît Battistelli Lies About Patent Quality; the Numbers Speak for Themselves However

The number of European Patents (EPs) opposed has skyrocketed and may have outrun the capacity to properly deal with oppositions

The number of European Patents (EPs) opposed



Summary: The person who is rapidly ruining the quality that the EPO stood for over the years (nearly half a century) lies to his staff and stakeholders today; He has even, in his own words, "chaired our annual Quality Review" to review his own supposed 'performance'

THE quality of patents at the Office of Benoît Battistelli is as high as the quality of the lies of Benoît Battistelli.



This Liar in Chief continued lying today; he spoke about patent quality yet again. He has lost any sense of shame and he now lies so blatantly that we can imagine the faces of EPO workers who read this 'blog' post of his (warning: epo.org link). It was promoted in the Organisation's Twitter account some hours ago. "In a new blog post President Battistelli reviews 2017 and discusses the year ahead with a strong focus on quality," it says. They too are lying. Yes, the Organisation. Does Herrnst care at all? Probably not because a few months ago he help defend the same lies about patent quality (in a private event that was publicly reported on). We suppose that a rebuttal to these lies is in order because staff must have noticed these lies. Someone ought to respond to the lies.

"He chairs a meeting in which to discuss himself."Battistelli is (of course) lying. He chairs a meeting in which to discuss himself. How ludicrous is that? Napoleonic. "At the beginning of December," he wrote, "I chaired our annual Quality Review, comprised of senior EPO management who are integral to maintaining and developing the Office’s quality."

So Battistelli controls everything, even things that are tasked with assessing his performance. Amazing, isn't it? Not at the EPO anyway; this has become the norm and something to be perpetually expected.

Is anyone out there surprised about it? Battistelli is moving his lips again, having returned from his (longer than other staff's) break. His lips utter words, which leave an odorous puddle of lies afoot.

"Battistelli is moving his lips again, having returned from his (longer than other staff's) break."Let's look at the latest evidence of a decline in patent quality (as the EPO itself is unable to safely investigate the matter; staff representatives who merely brought up the subject were severely reprimanded by two Vice-Presidents). Introspection verboten!

The EPO's Patent Prosecution Highway (PPH) with Canada, which we mentioned on Tuesday morning, is now officially "news" (several days after it actually started). It comes from two publications that typically parrot EPO press releases [1, 2]. The first says this:

The European Patent Office (EPO) and the Canadian Intellectual Property Office (CIPO) have extended a patent prosecution highway (PPH) pilot agreement.

The extension of the pilot, which allows applicants who have been successful in obtaining a patent at one office to request accelerated examination at the other, was announced on Friday, January 5.


For those who are not familiar with the concept, PPH will almost always guarantee lowered quality of assessment (and less time for oppositions etc.) in the name of speed, usually in order to better facilitate a patent aggressor rather than a defendant.

When you use the word "products" maybe you intentionally fail to understand what patents really are; so says the second 'article' (more like a press release):

Comparatively, the CIPO received 406 requests: 325 based on PCT work products and 81 based on regional work products.


Yes, "products"; Battistelli probably thinks that he is literally running a factory (something which he never did before by the way).

This is an utter embarrassment. PACE, Early Certainty, PPH and so on have basically demolished patent quality. The appeal boards have been systematically diminished (pure sabotage!) and see this new press release titled "European Patent Office Cancels Oral Opposition Proceedings Concerning Cantargia's Patent for Solid Tumours" as it's almost self-explanatory. It does not look like the EPO even has the capacity for quality assessment of patents anymore...

In the ongoing opposition proceedings at the European Patent Office ("EPO") concerning Cantargia AB's ("Cantargia") patent for antibody treatment against IL1RAP in solid tumours the EPO has informed the company that the oral proceedings that were due to take place on 22 January 2018 have been cancelled.


Oppositions? What oppositions? The EPO cannot even keep up. Understaffed. Brain-drained. Total chaos.

"The EPO now grants far too many patents in error."Great job, Battistelli!

The EPO now grants far too many patents in error. And its error-correcting mechanisms have been brought to their knees. Hours ago someone posted this detailed analysis which show how the number of oppositions has soared (indicative of plenty of 'dissent' or 'protest' against grants). To quote the relevant part (there is a graph there too):

Given the EPO opposition term of nine months from grant and given that by far the greater proportion of oppositions are filed towards the very end of the opposition term, increased grants could be expected to be followed nine months – three quarters of a year – later by an increase in the number of patents opposed.

Though the record of the number of patents opposed in the third quarter of 2017 is not yet finalized, it seems clear that this expected "more patents opposed" effect has occurred.

At the latest from the first quarter of 2017 there has been a marked increase in the number of patents opposed.


We are truly concerned that Battistelli basically 'broke' the EPO; everything that had evolved at the Organisation (and Office) to assure checks and balances, self-assessment etc. is now gone. When we publish old documents from staff representatives we gradually go back in time and show how Battistelli did it, scuttling everything that constitutes separation of powers. It's disturbing. And it's a good thing that some people meticulously documented these things over the year.

"When we publish old documents from staff representatives we gradually go back in time and show how Battistelli did it, scuttling everything that constitutes separation of powers."The other day Alexander Esslinger wrote about the Organisation's Enlarged Board of Appeal and German Federal Court of Justice (FCJ): (see corresponding tweet)

The Enlarged Board of Appeal (EBA) reasoned that such undisclosed disclaimers in most cases constitute added matter, i.e. “the requirements of Article 123(2) EPC leave virtually no chance of an undisclosed disclaimer being allowable” since “introducing any disclaimer per definitionem excludes subject-matter from a claim and, hence, changes the technical content of the claim” (G1-16, point 42). The EBO allowed undisclosed disclaimers under the above-mentioned clearly defined conditions despite the fact that they violate Art. 123(2) EPC, because under these circumstances a violation of Art. 123(2) EPC would not give the patentee or applicant an unwarranted advantage damaging to the legal security of third parties; this being the rationale behind Art. 123(2) EPC (G1-16, point 36).

The German Federal Court of Justice (FCJ), however, applies in the recently published ex-parte decision “Phosphatidylcholin” a different reasoning. In the case the FCJ had to decide upon an appeal on points of law (“Rechtsbeschwerde”) of the applicant of a patent application, which has been rejected both by the GPTO and the Federal Patent Court based on the ground that of an undisclosed disclaimer consisted of an inadmissible extension beyond the content of the original application.


We previously posted evidence that GPTO (in relation to SLAPP, trolls, and quality of patents) had become better than EPO. Where is the EPO going if the Boards of Appeal are being crushed (and shrunk) further and further? Who is going to independently assess patent quality?

German media will look the other way, perhaps because the EPO is a sacred cow (cash cow).

Recent Techrights' Posts

SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026
Gemini Links 14/08/2026: Slower Internet, Logging Off Made Easy, and Human Code
Links for the day
Links 14/08/2026: "Mystery of Dark Oxygen", People Despise Slop, and Backlash Grows Against Fake Currencies (Energy-Wasting Scam Like Slop)
Links for the day
Free Publicity
They say there's no such thing as "bad press" or that every publicity is good publicity, sometimes free publicity
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026
'Voluntary' Layoffs (a Form of Silent Layoffs): Microsoft Global Voluntary Separation Agreement (GVSA) in August 2026 and September 2026
Today and yesterday
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026