Bonum Certa Men Certa

Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner Find the Courage to Express Concerns About Battistelli's Ugly Legacy and Low Patent Quality

A brown envelope



Summary: The astounding levels of abuse at the EPO have caused some of the EPO's biggest stakeholders to speak out and lash out, condemning the Office for mismanagement amongst other things

THE EUROPEAN Patent Office, EPO, is in a very bad state because many talented examiners are no longer there and the Office struggles to recruit talent. Money can buy some reputation, but it cannot bury a legacy of pure evil from Battistelli. Applicants (for patents and jobs) understand, more or less at least, what's going on.



There's only half a month for the crook to still 'lead' (i.e. destroy) the Office before his 'child' António Campinos takes over. Insiders say that Campinos intends to change pretty much nothing. Team Battistelli will remain in tact, protected by Herrnst (Ernst) and the rest of the Administrative Council.

Thankfully, some stakeholders have -- dare we say! -- "unionised" against the Office and have put forth a letter. António Campinos too has received the relatively strongly-worded letter, warning about the damage Battistelli caused (without specifically mentioning Battistelli). A copy of the letter was also sent to Battistelli and Herrnst (Ernst), his 'boss' who did pretty much nothing over the past year, at times even openly denying the decline in patent quality. Remember that EPO staff (about a thousand of them) already admitted a massive decline in patent quality -- a monumental effort to speak about it without risk of retribution.

Leading German patent law firms grew tired of the abusive and corrupt administration; we appreciate that, but why did they wait until a fortnight before Battistelli leaves? Is Campinos the main target audience of this letter? He's indebted to Battistelli who gave him the job (or cemented the candidacy), so we very much doubt it'll have an effect on him. "Each year our law firms file more than 9500 patent applications with the EPO," said the authors of the letter. Will they consider reducing that as deterrence against the EPO's bad policies? They make some solid points; for example, the fifth point: "If the users of the European system gain the impression that granted EP patents cannot be relied upon anymore due to insufficient search and examination, the users may increasingly be discouraged from filing European patents. This might unhinge the entire patent system."

They also say "in contrast to an industrial company, we cannot see why the profit of the EPO needs to be increased beyond the level of self-funding."

Don't worry, Battistelli pockets the spare cash.

Here's Kluwer Patent Blog's introduction to the letter, which it posted this morning:

Four leading patent law firms in Germany – Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner – have published an open letter expressing ‘great concern’ about the developments at the European Patent Office, particularly ‘the modifications to the incentive systems for the examination of patent applications’.

The ‘overreaching desire for high productivity’ has led to a series of problems, according to the letter, which is directed to outgoing EPO president Benoit Battistelli, the chairman of the Administrative Council Christoph Ernst, principal director user support & quality management Niclas Morey and future EPO president Antonio Campinos (who will start in office on 1 July 2018).

Among others, the firms write that when ‘the aim is to terminate proceedings as quickly as possible (…), the quality of the search and examination of applications must suffer’. The rather high fees, moreover, ‘can only be justified by giving the examiners sufficient time for an indepth assessment of each single application’. Patents with an erroneous scope of protection distort and hinder economic competition and might unhinge the patent system, they write.

More broadly, the law firms question the enormous financial reserves of the European Patent Office, amounting to 2.300.000.000 euros, 650 million euros to fund the pension scheme not included: ‘in contrast to an industrial company, we cannot see why the profit of the EPO needs to be increased beyond the level of self-funding. From our perspective, the high surplus is rather an indication that the fees are too high and that a further, problematic increase of productivity is not appropriate.’

The full text of the letter is published below.


SUEPO has already taken note of this letter and the first comment says: "I can only applaud the companies involved in writing this letter. I could not agree more with the concerns that it expresses. I can only hope that the incoming president realises that the concerns expressed cannot be easily dismissed… not least because the unprecedented nature of the letter indicates that the authors must be very concerned indeed."

SUEPO then gets mentioned by "Save the EPO from destruction," whose message says:

MANY THANKS for this brilliant initiative.

By the way the content of the letter could be taken up by SUEPO as-is!

Indeed SUEPO (which represents half of EPO staff) denounced since years (so far to no avail) the dangers of Battistelli’s policies (for both the quality of the patents delivered as well as on health of staff)…

and the Administrative Council remain passive.

It is 5 to 12.

In a few weeks, Mr Campinos will arrive in an exhausted office which cannot continue on this path much longer before collapsing.

Let’s hope that Mr Campinos will understand the poisonous legacy he inherits from his predecessor and in particular, that he has to be very cautious with the teams in place who are directly responsible for this debacle (in particular in HR, and DG1) since something must be done asap to restore both the social atmosphere, the reputation of the EPO AND the quality of the work performed.


Where were these law firms 4 years ago when SUEPO sounded the alarm? Or when the EPO banned (blocked) our site, in effect attempting to muzzle its own whistleblowers? This corrupt EPO management has killed the goose for a few remaining golden eggs; work is (pretty soon) running out, which means that the Office is imploding (with layoffs still expected). We have thus far found only one article about it. IPPro Patents wrote:

Four German law firms have penned an open letter to the European Patent Office (EPO), expressing “great concern” over recent developments at the EPO, specifically the ever-increasing work targets at the office.

The law firms Grünecker, Hoffmann Eitle, Maiwald, and Vossius & Partner wrote that “the incentive systems and internal directives appear to be increasingly directed towards rewarding or even requesting rapid ‘termination’ of proceedings and a correspondingly higher productivity”.

The letter said that this has resulted in penalisation of detailed and thorough assessment of cases.

It said that while the law firms do appreciate the increased speed, such “overreaching desire” for high productivity has led to a range of problems, including issues of quality, scope of protection and inadequately assessed patents.


Now is the time to carefully check which so-called 'IP' site covers the matter (letter) and which ones deliberately ignore it like IP Kat (controlled by Team UPC elements and patent maximalists nowadays).

Recent Techrights' Posts

Silent Layoffs, Cool-down, and Cool-off: How GAFAM and IBM Operate (the Law Doesn't Apply to Them)
Laws? What laws?
 
People Who Enforce the GPL Banned From Linux Foundation Board (After Bribes From Prolific GPL Violators), Now They're Banned From Giving Talks at Events
about the "LF" ('Linux' Foundation)
Gemini Links 06/09/2026: The Slop Plagiarism 'Holy War' (Hype, Scam, Scheme), Burning CD-Rs, and Hardcopy Mono
Links for the day
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part IV - Insufficient Resources in the Face of Distributed Denial of Service (DDoS) by Lawyers
it's about 120KG
OpenStreetMap is the Future, Dictatorship is the Past
OpenStreetMap helped us check maps for transport, various overlays with addresses, and there was 0% reliance on GAFAM or "Google" anything
How Strikes at the European Patent Office Are Seen by Striking Staff in Berlin, Germany
We have some more EPO scandals to cover later this year and next year
Association for Computing Machinery Cites Techrights in Relation to GemText and Gemini Protocol
published yesterday, Open Access
Links 06/09/2026: More XBox Trouble (Microsoft Unrest, Many Silent Layoffs This Month), John Duffy as Next USPTO General Counsel
Links for the day
Gemini Links 06/09/2026: Avoiding 'Smart' 'Phones' and Setting up Gemini for the First Time
Links for the day
Links 06/09/2026: Sabotage by Slop and "What Happens If 'Open' 'AI' Dies?"
Links for the day
How Back Doors Became the 'Normal' or 'Norm'
"We also allowed a lethal monoculture to fester"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part III - The SRA is Vastly Worse Than Brits Realise, We Have a "Wild West" in London
In the next part we'll begin looking at correspondence with the SRA
SRA and Manslaughter: How the SRA Contributed to Agony in Proprietary Software Scandals With Clear Misuse of "Without Prejudice"
Trying to prevent the public from finding out the criminal stuff that went on, resulting in many deaths
Canonical (or Ubuntu) Rejecting IRC Isn't the Widespread Trend
Internet Relay Chat (IRC) adoption still growing by some yardsticks
SLAPP Censorship - Part 173 Out of 200: Two Years
It was exactly 2 years ago that we filed lawsuits against Garrett
Linux of America
We could not help but notice GNU/Linux in North America yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 05, 2026
IRC logs for Saturday, September 05, 2026
Gemini Links 06/09/2026: Internet Limiting (Limited Time Allotted) and Solar MiniServer
Links for the day
Eight Months of Strikes in EPO, Organised by the Staff Union (SUEPO) Also in Berlin
In Berlin, only one member of staff voted against the action plan
Links 05/09/2026: "Let’s Stop Buying New Phone" and 'Open' 'AI' (Proprietary Slop) Drowning in Lawsuits
Links for the day
Gemini Links 05/09/2026: Polarization, Warped Maps, and Emacs rectangle-number-lines
Links for the day
Software Freedom, Even If Difficult to Attain Due to Outside Pressure, Does Make You Happier
Peer pressure and opinionated employers can make friends and staff more miserable if they dictate bad software
You Can Run GNU/Linux on a Desktop/Laptop for 1,000+ Days Nonstop
To me, the long uptime is a way of "marketing" GNU/Linux as robust and stable
Profiting From Global Warming (and Making More Money the More You Cause Warming)
Unregulated bank and pyramid scheme
SLAPP Censorship - Part 172 Out of 200: The Solicitors Regulation Authority (SRA) Complicit in the SLAPPs by Inaction (Didn't Even Study Any Evidence, Only Wasted Time and Budget)
"SRA placed into special measures due to 'disappointing standard of leadership'"
China Does Not Need American (US) Products Like GAFAM's
China has abundance of technical things it can leverage to preserve its autonomy
RMS Didn't Make Enough Backups
Making backups is important
Refresher: Why EPO Staff is on Strike This Year (Aside From the EPO Acting Like a Corrupt, Above-the-Law, For-Profit Corporation That Violates Its Own Charter)
One core issue at the EPO is erosion of purchasing power
Gemini Links 05/09/2026: Fireflies, Shore Pine, and ASCII Art
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 04, 2026
IRC logs for Friday, September 04, 2026
The Legal Services Board (LSB) Takes on Solicitors Regulation Authority (SRA) for Utter Failures, We'll Resume Our SRA Series to Illuminate How Bad the SRA Really Is
a quick overview of the latest news
Links 04/09/2026: Notorious Patent Trolls' Judge Enters the Private Sector (Corruption, Revolving Doors), Gloria Steinem's Life in Pictures
Links for the day
Gemini Links 04/09/2026: Worries, Upgrades, and CS Students
Links for the day
Richard Stallman's Web Site Back Online, But It Seems Like a 2-Months-Old Snapshot
Latest political notes are dated July 2 (2026)
SPAM Disguised as Benchmark or Comparison: The Register MS "PARTNER CONTENT" is Getting Weirder by the Month
Sites that promote fake 'coins' or pyramid schemes to their audience(s) aren't worth tolerating
PIPs at IBMs are Layoffs Because They're Impossible to Satisfy (or They Terminate Workers Despite Satisfying Them)
What insiders say
In the United Kingdom You Can No Longer Make the Assumption People Use Windows (or 'Smart' 'Phone')
As autumn arrives Microsoft faces a crisis
SLAPP Censorship - Part 171 Out of 200: Talking About Corruption and Violence Against Women
Today the Labour Party (UK) speaks about corruption
Warming Up for Investigative Journalism About the European Patent Office (EPO), Europe's Second-Largest and Probably Most Corrupt Institution in Europe
It continues to exploit diplomatic immunity for impunity
Microsoft Handing Out PIPs by the Thousands, Anxiety in GAFAM Building Up
Years ago I heard from people who pretended to be ill to avoid getting fired
BRICS in the Windows: Brazil's GNU/Linux Share (as Measured by CDN) Has Hit Highest Point in a Month
The largest Web CDN, Clownflare, sees GNU/Linux at 8.1% right now in Brazil
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day