Bonum Certa Men Certa

Crisis of Quality at the EPO Extends to Staff (Notably Examiners) and Management as Institutional Integrity is Severely Compromised

Erosion of patents/staff retention rates and corrupt management plague the patent office once known as the best in the world (now known as perhaps the most corrupt)

Summary: A rather pessimistic but likely realistic outlook for the European Patent Office (EPO), which seems unable to attract the sort of staff it attracted for a number of decades

THE quality (or skills/experience level) of EPO recruits has taken a massive dive. It's a deterioration that EPO insiders keep complaining about. It's not just a decline in patent quality but also the abilities of examiners. Many are leaving only to be replaced by far less experienced people. Just see what people who come for a job interview are saying. Some of them are rather shocked.



"Many are leaving only to be replaced by far less experienced people.""Making the right decisions on patent grants requires a high level of expertise," the EPO wrote a few days ago, "so the EPO provides a two-year training programme for newly recruited examiners."

With layoffs in the making, one must wonder if there's any future for them (or what kind of future). It's worth noting that the management too is of bad quality; a lot of managers are simply friends and allies of Battistelli (some appear to have been hired owing to family connections). How about that Croatian bully who was hired by Battistelli and had his contract renewed at his proposal? The only thing EPO gets from Croatia seems very dodgy officials who censor the Croatian media. To put things in perspective, Croatian media wrote some days ago that Croatian patents are something like a thousandth of what Germany gets. To quote:

In 2017, Croatian researchers and innovators have registered just ten patents.

In five years, Croatian researchers and innovators have registered just 55 patents with the European Patent Office (EPO). Last year, they filed only ten patents, fewer than any other EU member state, reports Večernji List on April 12, 2018.


Yes, ten patents. And they have a Croatian man as a Vice-President whose only accomplishments appear to be cheating his way in and bullying staff.

"And they have a Croatian man as a Vice-President whose only accomplishments appear to be cheating his way in and bullying staff."Also noteworthy is this new EPO tweet in which they said: "Successful companies use patent information for a variety of purposes, such as finding out about existing technologies."

"By “finding out about existing technologies” they make themselves legally LIABLE for ENHANCED damages in patent trials against them," I responded. "IOW, better to never read patents. Large companies say so. They refuse to even look."

Unfortunately, the EPO in 2018 is out of touch. It has been lying every single day so far this month. It's misleading about SMEs and about the Boards of Appeal. It barely even mentions the UPC anymore, but an account associated with that has just said: "Unitary Patent & Unified Patent Court 2018 Is everything ready for the launch of the #UPC in December 2018?"

"Unfortunately, the EPO in 2018 is out of touch."Complete nonsense! Who even wrote such a lie? Just because they add a question mark at the end doesn't make it OK. But this is about an EPO event, in which Team Battistelli will simply lie, as usual.

It's worth mentioning that just before the weekend Edward J. Kelly and Regina Sam Penti (Ropes & Gray LLP) demonstrated poor grasp. They aren't up to date or maybe they're in denial about what's happening; the EPO isn't "stricter standard to which patent specifications are subject in Europe." EPO patent quality became laughable under Battistelli. In some respects it's even worse than that of the USPTO. We'll write more about that in our next post. To quote Kelly and Penti:

On March 28, 2018, the U.K. Court of Appeal handed down its decision in Regeneron v Kymab & Novo Nordisk (found here), reversing a lower court decision that found two critical patents covering Regeneron's transgenic mice technology invalid for lacking sufficiency of disclosure. The rationale and analysis underlying the decision are significant because they align the U.K.'s approach to the assessment of insufficiency with that of the European Patent Office, and highlight, for U.S. life sciences and technology companies, the stricter standard to which patent specifications are subject in Europe.

The patents, EP 1360287 and EP 2264163, both disclose methods of producing transgenic mice possessing human antibody genes. These mice, and the technology used to produce them, have been highly valuable to Regeneron. These patents protect fundamental inventions behind Regeneron's VelocImmune humanized mice, which is considered one of the most valuable technologies in biotechnology history, helping to generate significant licensing revenues and blockbuster collaborations. The case was originally brought by Regeneron, which alleged infringement of the U.K. patents by Kymab and Novo Nordisk. The defendants counterclaimed that the patents were invalid for lack of sufficiency, novelty and inventive step. While the High Court rejected the lack of novelty and inventive step objections, it revoked the patents for lack of sufficient disclosure.

[...]

The Court of Appeal agreed. In doing so, it relied heavily on the sufficiency jurisprudence of the European Patent Office (EPO). In particular, it analyzed and endorsed six decisions from the EPO Boards of Appeal, which set out the Board's view of the correct test for assessing the sufficiency of a patent disclosure in view of claim scope. In upholding the patents, the court emphasized that the assessment of insufficiency "must be sensitive" to the nature of the invention, adding that inventions directed to "general methodology" or "general application" can be claimed in general terms even if not all embodiments covered by the claims are enabled. This represents a departure from the view of the High Court that found it improper to have claims covering embodiments that could not be put into practice by the skilled person as of the priority date.


The EPO Boards of Appeal keep complaining that they aren't feeling independent and impartial; they're afraid of the patent maximalist in chief. It remains a very real problem and it probably cannot be resolved anymore; Battistelli's successor is his own pick, the management is a bunch of Battistelli flunkies/loyalists, the new examiners lack the skills required for the high standards once enjoyed and envied, and examiners complain that they're unable to properly assess applications due to top-down pressure.

Recent Techrights' Posts

Gemini Links 17/12/2025: Wrongs, "Wokeness", and 3D-Printable Accessible USB Input Device
Links for the day
"Social Justice Warriors" Make Violent Threats Against Event Organisers, Developers, and Journalists
As a left-leaning person (I've always been rather strongly on the left), I generally reject people who call themselves "SJWs"
Linus Torvalds Seems to Have Aged Faster Since the Bullying by the 'CoC Brigade' (Enforced via Linux Foundation, a GAFAM Front Group)
We previously wrote a lot of articles about the ageing of Torvalds and how stress (from his masters) may have contributed to deterioration of his health
Cuts, Shutdowns, and Layoffs at Microsoft
It is potentially catastrophic for yet another studio that sold its soul to Microsoft
 
Links 17/12/2025: Operation Bluebird Lawsuit, GoDaddy Made to 'Dox' Clients
Links for the day
Mental Problems in Free Software
Nobody seems to be interested in this topic or, at the very least, nobody wants to talk about it; instead, there are efforts to suppress discussion about it
Love and Activism
Love is fertile soil for positive activism
Windows Has Fallen to All-Time Low of 60% in Laptops and Desktop in Canada
Maybe next year Windows will fall below 50% there
Debian Misfits Really Do Not Want You to Read This Article
portions from this article
Gemini Protocol Saw Significant, Measurable Growth in 2025
Next year (in summer) Gemini Protocol turns 7
The Collapse of Good Development Practices
Software becoming bloated is not an inevitability
We've All Had Managers and Colleagues Like These, But This is How it Works at IBM
Competent people scare the failing ones; so they get ousted, they're perceived to be "rivals"
More GAFAM Layoffs in Seattle, Bellevue (Washington)
Microsoft laid off (by our count) over 30,000 workers this year
Microsoft GitHub is Dying and Bot Activity in GitHub Won't Save It
Doing what it can to keep it alive, Microsoft only loses more money (it now classifies it as "AI" to justify all the losses)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 16, 2025
IRC logs for Tuesday, December 16, 2025
Firefox and Mozilla Commit Suicide With Slop, Market Share Falls to New Low
Mozilla just isn't a serious company anymore
"The Register Hot Seat" is Just More Paid-for SPAM Promoting a Pyramid Scheme to Readers of The Register MS
The main issue is that The Register MS is, as usual, begging for and bagging money to promote a pyramid scheme that will end up very badly and hurt a lot of people
Red Hat Wastes Money on Slop and on Slop Pushers While Laying Off Red Hat Staff
In order to manipulate the share price IBM is peddling vapourware
Getting Back on Top of Exclusive Articles, Leaks, Whistleblowing
We still have some material to publish about Microsoft OSI and various other rogue institutions
Links 17/12/2025: User Data Compromised in SoundCloud and Efforts to Release Jimmy Lai for the 'Crime' of Journalism
Links for the day
The Register MS Does the "AI" Keyword Stuffing Because It Gets Paid to Do "AI" Keyword Stuffing
They are in effect profiting from legitimisation and promotion of a Ponzi scheme
Blogs to Read (or Even Binge on) When You Look for a Daring and Different Perspective
If you have free time and want to check out interesting old articles/posts, consider these people
Paying the Price for IBM's Leadership Buying Worthless Companies With Capital It Doesn't Have
For some people the last day at the company is Christmas Eve
When Malformed RSS or Atom Feeds Clog Up (or Even Crash) Programs
RSS readers are an excellent way to keep on top of news online
Publication Plans for the Coming Weeks
We've begun this week with many articles and plan to carry on until tomorrow
EPO People Power - Part XIV - EPO Management Living in Fantasy Land
wrongly assumes that any crime committed by the EPO will always be brushed aside
Secret Code is Undesirable
If someone wants you to use proprietary software, say no. Secret code is even worse.
Google News Still Has an LLM Slop Problem (With Slop Images Too), But Google Itself is a Pusher of Slop
If Google keeps shilling and selling slop as "AI", and moreover if people keep hating slop (there's growing awareness of this problem), then at the end Google will suffer greatly
Gemini Links 16/12/2025: Bingo Card and i586 in 2025
Links for the day
Links 16/12/2025: Security and Conflict (No Territorial Concessions in Ukraine)
Links for the day
With Half of December Over, FSF Two-Thirds of the Way Towards Funding Goal
If you can share some money this month, the FSF should be a priority
A Lot of People Don't Want "Smart" (Things That Spy, Stop Working, Cannot be Repaired Easily)
They also don't want slop disguised as "intelligence"
Claim That Finance and HR at IBM Already Work on the Next Wave of IBM Layoffs, Media Silence Persists
The media is still telling misleading nonsense about IBM layoffs (like some fantasy about 'rehiring' thousands for "AI")
Links 16/12/2025: More GAFAM (Now Amazon) Layoffs and iRobot Chapter 11
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 15, 2025
IRC logs for Monday, December 15, 2025
Claims of More IBM Layoffs a Week Before 'Christmas Week'
Of course, as usual, nobody in the media says anything
Wrapping Up and Ending "Slopwatch"
An "end-of-life" improvement
Gemini Links 15/12/2025: How We Lost Communication to Entertainment, Dichotomy Between the Real and the Digital
Links for the day
The New Chief Editor at The Register MS is a Microsofter, Now They Increase Microsoft Coverage and Add Microsoft Slant to 'Linux' Coverage
Did Microsoft pay some more?
GAFAM "doesn't depend on any sort of lock-in, humans just don't want to be free anymore," according to MinceR
As many readers are aware, our criticism of UEFI (restricted boot in particular) attracted a lot of online harassment against us, including stalking and libel
IBM Layoffs in India and IBM's CEO Spins His Lack of Market Share as a Strength
If this leadership carries on, the only red left at IBM won't be Red Hat but a red stain
Links 15/12/2025: "Life in Prison" for Criticising China, Tikhanovskaya Says 'Pressure Works'
Links for the day
Due to 'Secure Boot' (An Anti-Security Measure, a Kill Switch) Computer Users Are Afraid of GNU/Linux
This is what Microsoft wanted
'Crypto' 'Currencies' Are a Ponzi Scheme. So Is "AI". Both Destroy the Planet, Not Just the Economy.
Believe it or not, millions of these GPUs just sit there boxed, unopened, unconnected, unused
The Register MS Has Just Been Paid to Promote the Ponzi Scheme Some More ("AI" Keyword Stuffing)
This won't end well for The Register MS
Microsoft Colonialism in Africa is Not Sustainable
Microsoft's situation in Nigeria is not
Perpetuating the Lie of "No Red Hat Layoffs" Because of the Bluewashing (Red Hat Became Just "IBM")
Many Red Hat employees were pushed out and/or removed lately
EPO People Power - Part XIII - If the EPO's Chief Propagandist (Berenguer) Told the Police He Was a Spanish Tourist (or Similar) or That He Does Not Reside in Munich, Then He May Have Lied to the Police (in Addition to Doing Cocaine in Public)
Lying to the police in Germany is a criminal offense
Links 15/12/2025: Chromebooks as Work Machines, "Americans [Who] Moved to Australia" to Avoid Cheeto
Links for the day
Breaking Your Proprietary Router in the Name of "Security"
Each time they "patch" the router something that previously worked OK is likely to just break
IBM May be Breaking the Law to Silence Staff It Laid Off
Observation to add regarding IBM layoffs
Demonisation Attacks on Richard Matthew Stallman (RMS) - Including Antisemitic Attacks - Have Not Worked
Name-calling doesn't work
Slop ("AI") Will Replace People and Take Away Jobs, Say the Slopfarms With Fake (LLM-Generated) Text and Slop Images
"AI" often means slave labour in a poor country
More Than a Million Bytes Should be Enough for Most Computer Programs
Who said computing would improve over time?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 14, 2025
IRC logs for Sunday, December 14, 2025
Another "AI" (Slop) Use Cases Turns Out to be a Fraud
Those who talk about this fraud get SLAPPed
They Say Rules Are Made to be Broken, at Microsoft That Became an Imperative (e.g. Accounting Fraud, Bribery and So on)
Its biggest client is itself
In Russia, Microsoft is Already a Dying Breed Online
A lot of Europe also dumps Microsoft. Europe is a big revenue source of Microsoft.
The Future of News on the World Wide Web
No "greener pastures" on the Web
𝐈𝐁𝐌 𝐂𝐄𝐎 𝐀𝐫𝐯𝐢𝐧𝐝 𝐊𝐫𝐢𝐬𝐡𝐧𝐚: Proof That at IBM People Fall Upwards
IBM is collapsing
EPO People Power - Part XII - The Mobbing Got So Bad People Were Unable to Work
What's at stake here isn't just the EPO or the patent system