Bonum Certa Men Certa

The Patent 'Printing Machine' of the EPO Will Spawn Many Lawsuits and Extortions (Threats of Lawsuits), in Effect Taxing Europe

The EPO is flooding the market with bad patents that should never have been granted (or 'printed'), in essence making it a parasite rather than a public service to Europe

Bureau of Engraving and Printing
Reference: Bureau of Engraving and Printing



Summary: The money-obsessed, money-printing patent office, where the assembly line mentality has been adopted and patent-printing management is in charge, is devaluing or diluting the pool of European Patents, more so with restrictions (monetary barriers) to challenging bad patents

A FEW months ago EPO staff complained that the bosses treat the Office not like a patent office (which needs to be careful and selective in granting monopolies) but like a cash cow or investment bank that's now essentially printing patents like some shady central banks print money. The USPTO now better understands the importance of scarcity in patents (expect grants to decline this year); people whom I speak to (professors nearby) joke about how rubbish (low-quality) patents they managed to sneak into the US. Even patents on purely fictional things.



"It's another very considerable increase (not the first) that can discourage appeals, whereas applications got cheaper so as to help Battistelli game the numbers (after they declined)."We assume that pretty much everyone at the EPO (except Team Battistelli) would agree that patent quality is declining at the Office, which now strives only to enrich itself (at least in the short term) rather than deal with proper patent examination. Staff that does not agree gets punished.

Yesterday we saw this new article from Sanam Habib and Hazel Ford of Finnegan, Henderson, Farabow, Garrett & Dunner LLP (Finnegan for short). Finnegan and IAM work together towards patent maximalism; they're patent maximalists, so surely they see nothing wrong with the EPO's approach. More litigation is something they would profit from. This means that they would rather deal with bad patents in the courtrooms, not at the Office.

We recently wrote about an increase from €1880 to €2255 for appeals. It's another very considerable increase (not the first) that can discourage appeals, whereas applications got cheaper so as to help Battistelli game the numbers (after they declined). It echoes a similar move in the US, which very recently adapted fee hikes for IPRs at PTAB (the number of filings still increases nonetheless, as we noted a few days ago).

The changes are due in 2 weeks and here is what Finnegan wrote:

The EPO has announced a number of changes in its official fees, mostly having effect from 1 April 2018. The majority of the fees remain unchanged; however, Applicants will see a mixture of increases and decreases amongst the selected changes. Some of the more important changes are reviewed below.

[...]

As of 1 April 2018, the EPO’s appeal fee will increase from €1,880 to €2,255 for larger companies. However, the current, lower fee amount will still apply if the appeal is filed by an individual, small or medium sized enterprise, university, public research organisation, or non-profit organisation.


The other article spoke about paying in advance (also "with effect from 1 April 2018"):

As part of the maintenance of pending European patent applications, annual renewal fees are charged by the EPO. These fees are due at the end of the month containing the anniversary of the filing date. The first fee to be paid is the third year renewal fee, due at the end of the month containing the second anniversary of the filing date.

Since 2009, the EPO has not permitted renewal fees to be paid more than three months before the due date. Payments made earlier are not valid and will be refunded by the EPO, except when paid shortly before the permissible prepayment period. For Euro-PCT applications, it has therefore been common for the third year renewal fee payment window to open after the 31 month time limit for entering the European regional phase. This restriction is applied by the EPO to prevent Applicants from making multiple payments in advance thereby avoiding future increases in fees.

However, with effect from 1 April 2018, the payment window for the third year renewal fee is being extended. It will now be possible for Applicants to pay the third year renewal fee up to six months before it falls due. This change means that, in most cases, Applicants will now have the opportunity to pay the third year renewal fee at the same time they bring a PCT application into the regional phase in the EPO.


This must be some sort of a joke, not just because it's effective from April first. Finnegan and firms like it must be pleased because it helps the EPO's management pretend that it's doing well financially (borrowing from the future) while making its staff redundant and passing billions in damages to the public (defendants and lawyers' billing).

"...the management of the EPO commits institutional suicide; it makes patents cheaper while making examinations a lot poorer (in terms of quality) and makes appeals a lot more expensive in order to leave bogus patents in tact, in effect masking the effect of quality declines."Battistelli is passing the cost to the public by allowing mass-granting of patents in error. Where is the uproar? Basically, litigation like this would be a tax on everyone; sometimes threats of litigation alone (the modus operandi of patent trolls).

In our view (which is shared among many EPO employees), the management of the EPO commits institutional suicide; it makes patents cheaper while making examinations a lot poorer (in terms of quality) and makes appeals a lot more expensive in order to leave bogus patents in tact, in effect masking the effect of quality declines.

Recent Techrights' Posts

Links 16/10/2025: Lies Euphemised as ‘Dueling Versions of Reality’ and Microsoft "Open" "Hey Hi" Resorts to Porn as No Business Model Was Found
Links for the day
The Local Staff Committee Munich (Representation of the EPO's Staff) Explains When Cluster of Pregnancies May Result in Reduced Pay
"...even one week of part-time working is sufficient to reduce the salary you perceive during the entirety of your maternity leave."
Another Black Eye for 'Secure Boot', Microsoft Media Tries to Blame "Linux"
It enables Microsoft to remotely control computers, even computers that don't run Windows and never had any Microsoft software installed
Slopwatch: UbuntuPIT, linuxsecurity.com, and Various Slopfarms in Google News Attacking "Linux"
A new survey of the Web said that the majority of the Web is now slop (that's being said in the news this week)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 15, 2025
IRC logs for Wednesday, October 15, 2025
Links 16/10/2025: Increased Use of Social Control Media Surveillance in US, French Rage Over Pensions
Links for the day
Links 15/10/2025: Qantas Airways Loses Control of Sensitive Data and Software Patents Are Being Thrown Out
Links for the day
Vista 10 is 'Dead', Here's Why People Should Move to GNU/Linux (or the BSDs)
Today we try to make an outline of reasons move away from Windows to GNU/Linux
Our Sites Continue to Improve
LLM slop has had no noticeable impact on us
Gemini Links 15/10/2025: Neovim, Helix Compared and Gemlog.blue Now Closed
Links for the day
Links 15/10/2025: Mass Layoffs at Amazon, OneDrive Spyware Revved Up, More 'Gen Z Protests'
Links for the day
The EPO's Staff Engagement Survey 2025 is Already Tainted by Intimidation by EPO Management (Trying to Influence Outcomes by Scaring Genuine, Honest Critics)
"[W]e have received reports that, following the previous survey, teams with negative responses were reproached or questioned about their answers..."
The DDoS Attacks by Microsoft's Scam Altman and Other Slop Charlatans and Frauds is Hurting the FSF, Delinking It From Copyleft Projects
This impacts a lot more than access to the licences
Microsoft Scanning Faces in Photos People Upload to Microsoft (Even Unconsciously), Slashdot Turns Report About It Into "Microsoft Sez" (Says)
Or "let's repeat the lies from a PR person/Microsoft's publicist"
[Teaser] Angel Aledo Lopez the Manipulator (Nepotism, Poll Rigging, and Other EPO Corruption)
We'll discuss this later today or tomorrow, based on internal EPO material
Attacks on Techrights Are Only Making Techrights Bigger and Even More Popular
A week ago they offered to settle with us
Epic Metaphor for End of IBM: "The IBM Demolition is Down to the Last Shards!"
Nothing lasts forever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 14, 2025
IRC logs for Tuesday, October 14, 2025
Proprietary and DRM Prisons Spiralling Down the Sinkhole? Not Just Yet.
Let's hope that more people will flee to GNU/Linux
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock
Many Developers Have Many Political Views, They'll Never Agree on Everything
It's an effort to divide and destroy, not build
Gemini Links 14/10/2025: An Opportunity to Consider GNU/Linux and Another Simple IRC Client
Links for the day
Slopwatch: UbuntuPIT, LinuxSecurity, Google News, and the Serial Slopper Brian Fagioli
Nothing of merit here, just more slop
Links 14/10/2025: Lack of Trust in Slop and "Retirement Challenges"
Links for the day
EPO Staff Can Go Listen to Richard Stallman Next Week in Munich (Technical University of Munich, Rudolf-Diesel Hörsaal (MW2001) on Campus Garching at 18:00)
"The talk is open to the public and attendance is free. Registration is not required."
Rhonda D'Vine, Gerfried Fuchs, Pronouns & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
At IBM, Relocation Means Layoffs (Downsizing)
Silent or 'invisible' layoffs?
Central Staff Committee of the European Patent Office (EPO) Warns That EPO Management is Robbing or Manipulating Pension Funds Again
Faking "growth" is just about as bad as forgery
Probably a Lot Worse Than LLM Slop: GNOME Tying Itself to Divisive Politics, Even Where It's Clearly Not Relevant
Something has gone terribly wrong in GNOME
Links 14/10/2025: Microsoft OneDrive Scanning Faces in Photos (Without Asking First), "OpenAI Says It Will Move to Allow Smut"
Links for the day
They Generally Don't Like Scholars, as They're Less Compelled or Pressured to Repeat What Corporations and Oligarchs Say
People who loathe scholars have an agenda in mind that, unlike that of reasonable people, revolves around controlling people
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
Belated New Article About Last Thursday's Lecture by Richard Stallman in Helsinki, Finland
there are good reasons to pay with cash, not limited to privacy
Attacking Richard Stallman Has Become 'Career Suicide'
If you're going to viciously attack somebody, make sure your arguments are rock-solid
Microsoft's Failing XBox Business Has Turned Games Into Funerals
How does it feel to depend on Microsoft?
Yesterday's "Distinguished Lecture" by Richard Stallman Possibly Attended by Close to 1,000 People
The capacity of the place is about 900
Slop Poisons Everything
Imagine wanting to find what Torvalds has just said or what has just been released
Taking Software Freedom 'Mainstream'
interest in Software Freedom must have grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 13, 2025
IRC logs for Monday, October 13, 2025
Gemini Links 14/10/2025: Ada Lovelace Day, Sony CLIE PEG-TG50 Review, Why to Avoid Network Solutions
Links for the day
Richard Stallman (RMS) Announced His Talk Less Than 24 Hours Before It Took Place and Still Filled Up the Auditorium at Sapienza Università di Roma
Photos from yesterday evening [...] It looks like it was a very successful event