Bonum Certa Men Certa

The Boards of Appeal at the European Patent Organisation (EPO) Complain That They Are Understaffed, Not Just Lacking the Independence They Depend on

The Office still controls and sometimes punishes judges

A shocked Battistelli



Summary: The Boards of Appeal have released a report and once again they openly complain that they're unable to do their job properly, i.e. patent quality cannot be assured

THE management of the EPO has, in our humble assessment, destroyed the EPO. It's broken beyond repair. It may never recover. Even leadership has been compromised as it's now succession-based, with Battistelli choosing his successor. Not to mention all the toxic people he brought in after he had seized power. It's grotesque, yet that's where we are today. To be most frank, I do not think EPO will ever recover, not even with reporting that exposes the corruption. It’ll like abuse is just far too deeply embedded in the Organisation now, not just the Office. Oversight has been obliterated. Assumptions of goodwill (e.g. given huge budget with endless power and minimal oversight) might seem OK in theory. When you put a thug in charge, as happened about a decade ago, it will inevitably go bonkers. Even the media, which is supposed to cover such abuses, is being bribed by the Organisation. It's not a very obvious bribe, but it still is a 'soft' bribe (we covered that subject a decade ago) and it has more or less the same effects. Academia too has been compromised. EPO budget, instead of improving the integrity of the EPO, has helped the EPO poison everything. Judges are being bullied, bloggers like myself habitually receive legal threats, votes are allegedly being 'bought', and my site (Techrights) has been blocked/banned by the EPO for over 3 years not because of falsehoods but because it helped expose EPO abuses.



What gives?

"Judges are being bullied, bloggers like myself habitually receive legal threats, votes are allegedly being 'bought', and my site (Techrights) has been blocked/banned by the EPO for over 3 years not because of falsehoods but because it helped expose EPO abuses."Where are so-called 'news' sites about patents? Do they not care? Not even European sites? The systems they rely on (for coverage) are rotting away. Look at IAM! Benoît Battistelli is joined by the hip to it. This patent trolls' lobby, IAM, has given a keynote talk to him (Palace Hotel in San Francisco) -- one in which he will promote software patents. Joff Wild wrote about this yesterday. Another keynote will be delivered by Andrei Iancu (Director of USPTO) as he will be there too. The EPO is nowadays promoting software patents even in the US, as we noted two days ago. The EPO did this again yesterday. Such software patents advocacy from the EPO (in Seattle) should make one question the EPO's motivations. Is anyone at all keeping an eye on the EPO's behaviour? It definitely doesn't seem so.

Yesterday, Graham McGlashan from Marks & Clerk wrote: "The European Patent Office (EPO) will potentially allow a patent if the claimed subject matter is novel and inventive and provides a technical contribution in a technical field – even if the invention is computer-implemented."

This should not be happening. But who can hold them accountable? The Boards of Appeal have been marginalised and judges are afraid.

"The Boards of Appeal have been marginalised and judges are afraid.""Maybe instead of raiding booths over patent allegations," I told IAM, "they should raid events like IAM IPBC to arrest corrupt officials."

The Boards of Appeal have already complained about the management. Just recall what they wrote about Battistelli. Recall what we wrote yesterday about the imminent scandal in France. A lot of EPO insiders have been speaking about this for quite some time.

The Boards of Appeal were mentioned again yesterday by the EPO. There was a white-washing tweet about it, just one of many that they post every day this month. "The Boards of Appeal are no longer independent," I told them. "Corrupt management at the EPO rendered them incapable of operating."

The EPO tweeted this shortly after it had published this new page [promoted via Twitter] in which it said: (warning: epo.org link)

The first Annual report of the Boards of Appeal of the European Patent Office since the introduction of a comprehensive set of reforms has been published.

In June 2016, the Administrative Council of the European Patent Organisation has adopted a set of reforms to strengthen efficiency and the perception of independence of the Boards of Appeal.


This has since then been covered by only two sites, IPPro Patents and World Intellectual Property Review (WIPR).

From IPPro Patents:

More manpower is needed at the European Patent Office to ensure the “proper functioning of the appeal system under the European Patent Convention”, according to a report from the office.

The report, which looks at the EPO’s Boards of Appeal and provides detailed statistics on its proceedings, said that more manpower was “essential to the patent litigation system in Europe”.

In terms of conduct, the Boards of Appeal increased their performance in 2017, while maintaining high quality, according to the report.

[...]

The source added: “For the moment, this is nothing else but another official statement delivered under the mandate of EPO president Benoît Battistelli, whose actions at the address of Directorate General 3 can be globally assessed as a very negative one.”

“We hope that new president-elect, António Campinos, will grasp the real nature of the situation inherited from Battistelli and that he will take the right decisions for the benefit of the EPO and all its stakeholders.”

“Words are fine, but at the EPO, staff prefer to judge based on facts.”


Understaffing and bullying (collectively punishing them) meant lower quality of patents and no oversight. No patent justice left?

Here is what WIPR wrote:

Significantly more manpower will be necessary in the coming years to ensure the proper functioning of the European Patent Office’s (EPO) appeal system, a report has said.

In an annual report, released today, the EPO’s Boards of Appeal said that although the boards managed to improve their performance and maintain quality last year, additional resources in the workforce and facilities will be necessary to ensure the proper functioning of the appeal system in the future.

The report added that, in light of the steady increase in the number of appeals filed, improving working methods and efficiency by a target of 32% will not be enough to deal with the stock of almost 9,000 cases “in a timely manner and at the same time secure the high quality that users rightfully expect from a judicial authority whose decisions are final”.


SUEPO has not yet taken note of these articles, perhaps realising that these aren't particularly good (in our humble opinion) because they soft-peddle on the scandals.

"There are many reasons to believe Campinos will just be a 'faceplate' change, not constituting any substantial change in policy."Do not expect António Campinos to change things for the better. It's all talk and pretense (the Battistelli way).

There are many reasons to believe Campinos will just be a 'faceplate' change, not constituting any substantial change in policy. We'll say a lot more about it in July. Staff should not be misled by this stunt or build up hopes of a turnaround; it just won't happen and according to the new JUVE survey, only 1 in 7 respondents (to a survey) thought Campinos was a positive thing.

Recent Techrights' Posts

Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
 
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026
Open Web Destroyed by Centibillionaires, Says Anil Dash of Blogging Fame
Blogging was going through its 'prime years' about 20 years ago
"Linux" Slop Going Away, Microsoft et al Pay 'Linux' Foundation to Promote Slop
It's a timely reminder that the Linux Foundation exists to promote whoever pays the Linux Foundation, even pedophiles and companies that attack the GPL
Links 28/03/2026: Microsoft's LinkedIn a National Security Risk, Microsoft's Slop "Ambitions Face Investor Scrutiny Amid Soaring Costs"
Links for the day
Gemini Links 28/03/2026: "Finding My Base Tone", "Astrobotany", and BugoutBack/OFFLFIRSOCH
Links for the day
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026