Bonum Certa Men Certa

The European Patent Organisation (EPO) Stopped Working and It's Also the Fault of Jesper Kongstad, Not Just Benoît Battistelli

Earlier this year: EPC Foresaw the Administrative Council Overseeing the Patent Office, Jesper Kongstad Made It “Working Together”

Battistelli and Kongstad



Summary: Jesper Kongstad, an enabler of Benoît Battistelli who along with Nicolas Sárközy supported Battistelli's candidacy, recalled in light of new information

TODAY was supposed to be all about the USPTO, but readers are contacting us with new information; late last night (around midnight) we brought up Nicolas Sárközy again. We're also (re)examining the patent granted to Remmal, who got the EPO/European Inventor Award last year. We're planning to show that his European Patent (EP) probably should not have been granted at all.



Kongstad's successor actively denies the decline in patent quality. Yes, Herr Ernst (Herrnst?) is very much like his predecessor and he too has been protecting Battistelli (so far no dissent, unlike Kongstad towards the end). Kongstad ended up joining the private sector (the patent microcosm). It happened as soon as his EPO career was finished (only days). He has since then been completely and totally off the radar although his wife and he probably still slaughter chinchillas (just more discreetly). Managing IP said at the time: "Former director of the Danish Patent and Trademark Office Jesper Kongstad has joined Zacco as an industrial advisor and investor. He will be advising on IP strategy and business growth."

Several hours ago Managing IP published this new article by occasional site contributor Inspicos A/S (Copenhagen, Denmark, home of Kongstad, a.k.a. "Battistelli's protector"). This firm seemed rather worried about being in any way associated with Kongstad, judging by the comment it had left on its own article. There appears to be no connection except adjacent sessions in this event from about a decade ago. See Debattørerne - Karen Krarup [PDF] and here's a quick screenshot/section from it:

Karen Krarup



The new article from Inspicos A/S focuses on proof of "plausibility before the EPO" -- something on which it says "the EPO has been more relaxed than the USPTO or SIPO" (!!!). Well, lenience at the EPO is the new normal and later today we'll show the negative impact it is having on real, productive companies. In fact, the EPO increasingly gets it wrong on patent grants as part of a policy to lower patent quality (while constantly lying about it, for obvious reasons) and help patent trolls and their law firms. Here's what Inspicos A/S said:

A common dilemma for inventors and applicants before the European Patent Office is whether an invention is sufficiently mature for a patent application to be filed. Although a proof-of-concept is often established at the date of filing, an inventor does not always have the opportunity to investigate every aspect of their invention before a patent is filed.

Typically, the EPO has been more relaxed than the USPTO or SIPO regarding this issue, and if an applicant at the EPO encounters an objection that a particular aspect of a claimed invention is not sufficiently disclosed, such an objection can typically be overcome by providing experimental evidence to the EPO that the aspect in question actually works as proposed. Experimental evidence of this nature can be post-published, i.e. the patent application can be supported by experiments carried out after the filing date.

EPO case law requires in principle that a patent claim should be examined for compliance with the requirements of sufficient disclosure (Article 83 EPC) on the basis of the application documents as originally filed. In practice, however, this requirement has not been strictly applied, and patents and patent applications often survive objections of lack of sufficiency, especially if post-published data can be provided.

Some recent decisions of the EPO Boards of Appeal in the pharmaceutical field have developed the existing case law around how plausible the technical effect of an invention must be at the filing date of the patent application.


Well, the EPO Boards of Appeal have not been functional, partly 'thanks' to Mr. Kongstad, who on behalf of his 'boss' Battistelli repeatedly attacked Judge Corcoron and pressured for his firing/resignation. Kongstad played a key part in terrorising the Boards of Appeal; they no longer felt safe from the wrath of Battistelli/Kongstad (a duo) and thus they lost their impartiality.

Never forget the role Kongstad played in the demise of the EPO. Kongstad may be gone by now, but his toxic legacy as well as his role in empowering Battistelli (see the document below) must not be forgotten.

Original: English [PDF]

Jesper Kongstad and Battistelli working together



Recent Techrights' Posts

Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
 
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
Falkland Islands: GNU/Linux Elevated to 6%
GNU/Linux usage seems to have increased a lot there
Links 16/08/2026: Reading Outside, Going Offline More, and Art of Computer Programming
Links for the day
The Question of Patience
Is there a lesson here somewhere?
IBM May be Sued for Mass Layoffs Via PIPs
Some whole threads (with all the long comments in them) recently got nuked by thelayoff.com
Links 16/08/2026: Ceuta Reports Social Control Media Used as a Weapon
Links for the day
Links 16/08/2026: Europe in Crisis of Droughts While Energy- and Water-Consuming, Pollution-Emitting Chatbots Are Spread by GAFAM (US) to Keep a Ponzi Scheme Going
Links for the day
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day
What I Learned in London
some ministers still help us in our fight for press freedom in the UK
At IBM, Workers 'Expire' Early ("Next Step" is 'Voluntary' Layoffs Decades Before Retirement Age)
It seems like the "new normal" is layoffs not existing or barely existing because companies hide them
EPO "Cocaine Communication Manager" - Part XVI - The German State Does Not Enforce the Law Against European Patent Office Officials
It's not acceptable that Europe's second-largest institution can get away with crime time and time again
Germany's National Broadcaster (DW English) to Air Julian Assange Film This Coming Week
It seems rather sad that we live in a world where rich thugs can get away with so many horrible things
WordPress is Bloatware and Bloated Software Guarantees Security Incidents
This site turns 20 in about 11 or 12 weeks from now and it was never cracked, not even when it ran WordPress
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Omarchy is Already Dying
Same as the life cycle of slopfarms
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
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