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

Being Prevented From Accessing One's Own System Means Getting Locked Out, Not Security
a metaphor
3/4 (Three-Quarter) of Requests Seen by statCounter (Originating From Desktops/Laptops) Deemed to be "Linux" in San Marino
74% Linux, it says...
The Linux Foundation Does Not Work for Linux, Definitely Not for Free Software
works for its biggest sponsors, i.e. companies like Microsoft, IBM, and others
The European Patent Office's (EPO) Crisis Week Ends Today, the Rest of the Year Will be EPO Staff on Strike
The outcome of the two-day meeting won't change the fact that EPO staff is on strike for the whole year
British Women Don't Want to Work for American Men Who Attack American Women
"[g]reeting clients and preparing beverages"
Mass Layoff Event on June 30 at Red Hat? Let Us Know...
We are looking for more Red Hat whistleblowers
IBM Red Hat Kicks Out the Community, Promotes Slop
It has gotten so bad
 
Who or What is "Nadeko"?
Fijxu's services make life a lot easier for Free software sticklers
10 Years Since the World Lost Ian Murdock
My wife and I still use Debian, as does this site
No, Microsoft is Not Laying Off 5,000-6,000 But a Lot More
There are "buyouts", "PIPs" (silence layoffs), pink slips, and future waves, not counting subsidiaries and contractors
The Cyber Show's Andy and Helen Confronting 'Upgrades'
the latest from Andy and Helen
statCounter Sees Almost 1 in 10 Desktops or Laptops in Egypt as GNU/Linux Workstations
10% "market share" (for GNU/Linux) was nearly attained last month
The March of GNU/Linux in the Russian Ally, Belarus
record high for GNU/Linux in Belarus
Technology is Getting Objectively Worse and Less Reliable
Something went horribly wrong
FOSS Force 2026 Independence Drive Lacks Independence From GAFAM's 'Linux' Foundation
We're not trying to 'bash' FOSS Force
News That Matters, News That's Exclusive, and News LLM Slop Will Never Get Right
Churning out blog posts just for quantity's sake was never our goal
Independence and Software Freedom
Much work remains to be done
European Patent Office (EPO) Series: Operation Monte Titano: Micro-State Diplomacy
On 28th May 2026 EPO President António Campinos paid a visit to the Most Serene Republic of San Marino where he was received with full diplomatic honours
Links 03/07/2026: Slop "Isn’t Replacing Lawyers", "App Fatigue"
Links for the day
Statement on This Week's DDoS Attacks
DDoS attacks are not a "badge of honour". They are a nuisance.
Skinnerboxes as Health Problems and Impediments (Against Happiness)
skinnerboxes are a form of addiction
Costa Ricans' Adoption of GNU/Linux Reaches New Highs
Windows is doing poorly in general
Gaming on Windows is in Trouble, XBox is Practically Dead Already
It seems increasingly clear that Microsoft wants to get rid of XBox
New Record for GNU/Linux in the World's Largest Muslim-Majority Population (287,983,025)
Will Indonesians leave GAFAM behind?
SLAPP Censorship - Part 126 Out of 200: Becoming More Aggressive Against Us Only Proves Us Right
the police involved
The Register MS Covers "AI" Because It Gets Paid to
A lot of noise "in the news" about "AI" is paid-for trash
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 02, 2026
IRC logs for Thursday, July 02, 2026
Gemini Links 02/07/2026: OpenBGPD, Newt and OpenBSD, Indieweb Theme for Ghost
Links for the day
Links 02/07/2026: China "Ethnic Unity" Law a Global Threat, "EU Imposes €3 Duty on Parcels From China"
Links for the day
Japan's Share of GNU/Linux Has More Than Doubled
GNU/Linux now sits around 3.5% compared to about 1% two years ago
'Largest Single Layoff Event In Gaming History' or 'Largest Single Layoff Event In Microsoft History'?
we need whistleblowers, not official or semi-official statements from Microsoft
Off-putting Terms or Behaviour That Keep Women Away From Areas of Technology (Not What IBM and GAFAM Tell Us)
the use of language
Microsoft Windows "Goes South" in South America, GNU/Linux Popularity Soaring
Brazil and its neighbours must have paid attention to what happened earlier this year in Venezuela
It's Not the Layoffs, It's the Debt
PIPs and/or "silent layoffs" are about the companies flouting obligations to staff, reducing or eliminating the compensation packages
European Patent Office (EPO) Series: Cutting Ribbons in Sintra While the EPO Burns
Like the Roman Emperor Nero, Campinos fiddles in Sintra while the EPO burns
In Spain, GNU/Linux Now Measured at 5.5%
Microsoft and Windows are generally shrinking
North America: GNU/Linux Leaps to 8% "Market Share"
the trend is clear
statCounter: GNU/Linux Has Risen to All-Time High of 6% Worldwide (July 2026)
GNU/Linux has massive gains
Not Tolerating Death Threats
Death threads are a serious matter
Silent Layoffs, 'Happy' Layoffs, and 'Buyouts' (Pretending to Voluntarily Retire)
We've been seeing lots of that at IBM and Microsoft
SLAPP Censorship - Part 125 Out of 200: Litigants in Person (LIPs) Handling American Lawfare Funded by Third Parties (About a Million Pounds for 100 Kilograms of Legal Papers)
An appeal to the Court of Appeal can be justified at one point
IBM HR "Process is Similar to Raising Farm Animals"
IBM "silent layoffs" won't stop
Attacks on the Sites
These are clearly censorship attempts
Links 02/07/2026: Microsoft May be Shutting Down 5+ Studios, Slop Got Too Expensive, "RAMpocalypse" Discussed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 01, 2026
IRC logs for Wednesday, July 01, 2026
Gemini Links 02/07/2026: Kondo, Theological Thought, and X4
Links for the day
Links 01/07/2026: Apple and Microsoft Price Hikes, Political Catchup
Links for the day
Parroting the Script of RAs and PIPs, "Buyouts" and Layoffs by Any Other Name
Over time people will find out just how many people "leave" IBM
Slop Gives No Real Edge, It's Just Falsely Marketed That Way (FOMO)
Plagiarism in some measurable form is always bad, irrespective of what we call it
The Microsoft-Owned Media Shows What Spin Microsoft Will Use Amid Mass Layoffs
Microsoft says goodbye to over 10,000 workers this month
Brett Wilson LLP Has Just Lost a Case of Its Biggest Client "IN THE COURT OF APPEAL (CIVIL DIVISION)"
Is Brett Wilson LLP proud of such clientele?
The Media is Shooting Its Own Foot by Peddling Slop and Spam
Nobody wishes to read slop; as soon as people realise "the news" (or "news site") is LLM trash, they will walk away
Gary Smith Says Brett Wilson LLP Engages in SLAPP Against Him Over LinkedIn Post, "This is the Streisand Effect in Real Time"
"Lawyers who front SLAPP‑style threats on behalf of powerful institutions are not “defending reputation”; they are abusing legal process to intimidate and silence legitimate public‑interest scrutiny."
Gemini Links 01/07/2026: Wild Flowers, Slop, and Waystone Tools
Links for the day
Links 01/07/2026: Bending Spoons Makes an 'Exit' ("Going Public"), US Supreme Court Rules on Many Issues
Links for the day
Misattributing Blame, the Core Issue is Slop
that issue has nothing to do with Bash
Microsoft: Layoffs Are an Investment
Sales of the console will take another plunge and debt will skyrocket
Links 01/07/2026: MElon (Elon Musk) "Confronted With List of People He Has Killed", Microsoft Ignores Union, Chooses "Bloodbath"
Links for the day
The Register MS: Paid-For SPAM Advocating Chinese Colonialism in Africa, Not Even a Disclosure (as Before)
Does The Register MS recognise what this piece is promoting and who for?
Techrights Never Defended Rapists
In the past, I and others got falsely accused of "defend[ing] a rapist"
"Regular Silent Layoffs and PIPs" at Microsoft, According to Microsoft Insider
Many people leave without a fuss, only a signed NDA
Gaming Companies Help Promote Rootkits ('Anticheat') and Help Microsoft Take Control of People's PCs
The industry in its current form acts a bit more like a cabal of power-hungry companies that actively try to back-door everything and smear people who oppose that
IRC (Internet Relay Chat) Turns 38 Next Month
IRC did well because over 300k users are on significant networks (simultaneous, also counting bots and cross-network overlaps)
opensourceforu.com is a Slopfarm, It's Not "Open Source" and It's Not "For U"
Slop "For U"
DRM and Ownership
We now even have PCs that "expire"
GNU/Linux Reaches 6% in North America
Tomorrow around 10AM we'll see what preliminary data they get for July
IBM Layoffs Still Happening in 2026, They're Just Not Being Reported
The demise of IBM accompanies the demise of the media
SLAPP Censorship - Part 124 Out of 200: The Court Deems My Wife Connected to the Case of the Serial Strangler From Microsoft, Invites Her to the Hearing Last Week
Brett Wilson LLP does not play by the rules
Paying Severance to Staff Laid Off by Microsoft Too Expensive for Microsoft Now?
When companies earn such a bad reputation (not paying severance to people they discard) it lowers morale even further
Microsoft Mass Layoffs Due to Money Problems (Debt, Lack of Money to Complete Payroll), Not "Hey Hi"
If Microsoft later comes up with some "Hey Hi" narrative, then immediately reject it
Stop Conflating Free Software With Slop Plagiarism and Time-wasting
Even decades ago people could use "compute" for lots of fuzzing, then file away false or unaudited reports using bots
What Security Means
Security does not mean asking Microsoft for permission
Microsoft May be Losing 10,000+ Workers This Month
Here's the quick math
BSN Senior School Leidschenveen is Shutting Down and What That Means to the European Patent Office (EPO)
Follow-up meeting with Site Manager VP1 on school matters
Gemini Links 01/07/2026: Keeping (Relatively) Cool plus Adventures in Solar, Camp Snap Cameras and XTEINK X4 Ereader Reviews
Links for the day
European Patent Office (EPO) Series: Different Strokes For Different Folks
Organisation operating in two parallel universes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 30, 2026
IRC logs for Tuesday, June 30, 2026
GNU/Linux Measured at 4.4% by statCounter, Even More by analytics.usa.gov
GNU/Linux has fared well