Bonum Certa Men Certa

Nobody But Patent Trolls and Litigators Will Benefit From the Corruption of the European Patent Office

They profit from the chaos they are creating, abusing the authority given to them

EPO on a plane



Summary: IAM, EPO leadership, Iancu and the rest of these raiders are enabling corruption and facilitating or supporting a racket; that money they collect comes at the expense of future victims of their "clients" or "customers" (that's what they call applicants, to whom they grant dubious monopolies as a matter of urgency)

THE DIRECTION the European Patent Office (EPO) has taken since António Campinos inherited Office is no different from Battistelli's. One Frenchman just inherited another's task. He inherited a policy that he has no problems with; he has also inherited all the worst elements of the U.S. Patent and Trademark Office (USPTO), notably software patents which we will deal with separately in our next post.

"The EFF, as it turns out, belatedly realises Iancu was all along trouble."About a week ago the management of the EPO made it obvious that it works for overseas patent trolls; European businesses aren't a priority. As patent maximalists have just put it : "The EPO and the Licensing Executives Society International have signed a memorandum of understanding with the intention of enabling innovators to make better use of the EPO system [...] The president of the EPO, António Campinos, and the president of the Licensing Executives Society International (LESI), François Painchaud, have signed a memorandum of understanding on bilateral cooperation at LESI’s Winter Planning Meeting in Miami."

"Licensing" just means taxing and those who are doing this represent patent mills rather than innovators. On that same trip there were other revealing activities attributed to Campinos; he also met Andrei Iancu on that visit. Aseet Patel wrote in Watchtroll 2 days ago that "Andrei Iancu has led the charge to improve predictability of patent-eligible subject matter." Rather the opposite; he promotes granting fake patents that are predictably bunk, reducing the legal certainty associated with US patents.

Over the weekend we've surveyed some of the latest software patents to be thrown out by US courts or get wrongly granted by the Office. This gross disparity shows that the USPTO departed from the rule of law (like EPO under Battistelli). The EFF, as it turns out, belatedly realises Iancu was all along trouble.

"The patent trolls' lobby (IAM) responded to the EFF by speaking for trolls, heckling trolls' exposers, and generally being strident as usual."Authored by Joe Mullin under "Patent Trolls" (after had spent nearly a decade covering the subject) was this article ("Entrepreneurs Tell USPTO Director Iancu: Patent Trolls Aren’t Just 'Monster Stories'") on which he later expanded: "For 10 years as a journalist, I listened to entrepreneurs, big & small, complain of patent troll extortion. @uspto director Iancu is wrong to deny the harms that PAEs (trolls) cause. Proud to publish this letter from 24 biz owners who wouldn't stay quiet..."

The EFF said: "The director of the @uspto has said patent trolls are nothing more than "monster stories." Today, we're publishing a letter signed by 24 small businesses that makes clear patent trolls are all too real."

From the corresponding post:

Patent trolls aren’t a myth. They aren’t a bedtime story. Ask a software developer—they’re likely to know someone who has been sued or otherwise threatened by one, if they haven’t been themselves.

Unfortunately, the new director of the U.S. Patent and Trademark Office (USPTO) is in a serious state of denial about patent trolls and the hurt they cause to technologists everywhere. Today a number of small business owners and start-up founders have submitted a letter [PDF] to USPTO Director Andre Iancu telling him that patent trolls remain a real threat to U.S. businesses. Signatories range from mid-sized companies like Foursquare and Life360 to one-person software enterprises like Ken Cooper's. The letter explains the harm, cost, and stress that patent trolls cause businesses.

Patent trolls aren’t a thing that happens once in a while or an exception to the rule. Over the past two decades, troll litigation has become the rule. There are different ways to measure exactly what a “troll” is, but by one recent measurement, a staggering 85 percent of recently filed patent lawsuits in the tech sector were filed by trolls.

That’s almost 9 out of 10 lawsuits being filed by an entity with no real product or service. Because the Patent Office issues so many low-quality software patents, the vast majority of these suits are brought by entities that played no role in the development of the real-world technology they attack. Instead, trolls use vague and overbroad patents to sue the innovators who create products and services. This is how we end up with patent trolls suing people for running an online contest or making a podcast.


This is unfortunately what also happened at the EPO.

The patent trolls lobby (IAM) responded to the EFF by speaking for trolls, heckling trolls' exposers, and generally being strident as usual. It wrote a bunch of tweets like this: "The @unifiedpatents report the EFF links to states that 60% of high-tech litigation was instituted by PAEs last year. The EFF chooses to claim that 85% was instituted by Trolls, which is actually the percentage Unified allocated to all NPEs. Maybe @joemullin could explain why."

IAM is literally funded by patent trolls and also by the EPO's PR firm. IAM is almost literally an extension of the EPO's PR department and it's also lobbying Iancu, who spoke alongside Battistelli at IAM events.

"The EPO's President and Iancu really don't seem to get it. They're consciously aiding trolls."Josh from CCIA ended up feeding the troll (or the patent trolls' lobby) [1, 2, 3] by stating: "But a number of individual inventors operate as trolls. (Eg, Landmark Technology, which Unified classes as an NPE - individual inventors and which accounts for a significant chunk of that category all by itself.) [...] And the individual trolls tend to be far more prolific than actual individual inventors when it comes to lawsuits. So, while some portion of that 25% may be the kind of inventors you describe, the clear likelihood is that the majority are trolls. To me, Joe’s piece holds. [...] If an individual inventor doesn’t practice their patent and seeks to enforce it, aren’t they definitionally an NPE?" (they are, by definition)

The EPO's President and Iancu really don't seem to get it. They're consciously aiding trolls. A day ago the EPO wrote (linking to its "SME" nonsense, pretending to exist in the name/interests of the "small guy"): Negotiation is the preferred way to solve potential infringement issues; litigation is regarded as a last resort."

"Negotiation" is sometimes merely a euphemism for blackmail and extortion, I've told them -- something that the EPO facilitates with low-quality and incorrect grants for patent trolls. These prey the most (or most effectively) on SMEs that aren't able to afford a legal fight (day in court), so they end up settling over patents they know to be bogus.

There's meanwhile this new article by Toby Hopkin and Mark Roberts (J A Kemp) in which they speak of PCT. They say that "granted EP patent may be used to streamline prosecution before other national patent offices of interest," but what if this European Patent is a fake one? Only blackmailing patent trolls benefit. This goes back to Battistelli with his notorious "Early Certainty" (preliminary decisions before facts are even known). To quote:

In 2014, the EPO launched the Early Certainty initiative to speed up the patent granting process. This initiative has resulted in speedier establishment of search reports and a shorter examination procedure. As can be seen from the chart, the result is that the number of EP patents granted since the launch of the initiative has increased far more quickly than the number of patent applications filed. This is confirmed by our experience, in which a quicker turnaround time has been noticeable, with an increasing number of applications proceeding to grant directly after a response to the search report is filed.

While options exist to slow down prosecution if desired, this increased prosecution speed opens up a new possibility for an international filing strategy. The strategy proposed below shows that a granted EP patent can be secured before the 30/31m deadline for further PCT national phasing, especially where a positive WO-ISA is issued by the EPO.

The granted EP patent may be used to streamline prosecution before other national patent offices of interest, especially if a national patent office is part of a Patent Prosecution Highway (PPH) agreement. For example, the IP5 PPH covers the five biggest patent offices, namely China, Japan, Korea, the United States and the EPO.


We've already written a great deal about the problems associated with "Early Certainty" and PPH. They're basically rushed 'judgments' or leap towards conclusions before facts are even assessed. We've already seen how that's misused for raids and embargoes, including at the EPO. Later it turns out that the underlying EPs are bogus.

Recent Techrights' Posts

If You Value Privacy, Follow the Likes of Eben Moglen, Phil Zimmermann, and Richard Stallman, Not Back Doors' Boosters Who Mislabel Themselves as Security Experts
Signal is not really secure
Writer's Block is Not a Problem to Us, Only a Lack of Time
Or timewasting by aggressive militants who try to silence us [...] People who experience writer's block very often find it depressing (it feels unproductive) and sometimes come to the conclusion that perhaps writing isn't for them
March Plans for Techrights
next month we plan to start the series about how the SRA failed
 
Links 26/02/2026: "Peak Mental Sharpness" and "The Whole Economy Pays the Amazon Tax"
Links for the day
"Community" Site Deleted by Jeffrey Epstein-Connected 'Linux' Foundation Had Interview Where Eben Moglen Spoke of GPLv3 and of DRM, Back Doors Etc.
Deleting what happened or what was said two decades ago
Richard Stallman (Free Software Foundation) and Eben Moglen (Columbia Law School) Explained 25 Years Ago That Proprietary Software (and Proprietary Firmware) Would Lead to Back Doors
a fortnight after the 9/11 terror attacks in the US
Giving to the Community Versus Taking From the Community (or Worse, Attacking the Community)
some people bring no contributions, only harm
LLM Slop Will Try to 'Rewrite' History of UNIX and GNU/Linux
We occasionally see slopfarms spreading misinformation about UNIX, GNU, and Linux
Where Does the Solicitors Regulation Authority (SRA) Stand on Machine-Generated Legal Documents and Copy-pasting One Client's Lawsuit to Start Another (for American Serial Strangler)?
Now that many law firms cheat (copypasta, paper DOoS, LLM slop, breaches of rules, even defaming the other side) the SRA cannot keep up
Of Course Android is Not Free Software
That Android is not about freedom should not be so shocking
Talking About Blackboxes
Having just reposted a couple of articles from Alex Oliva
Microsoft Slop is Already Killing XBox
Microsoft will fail at alleviating such concerns
Two Weeks Have Passed and It Looks Like Conde Nast's Ars Sloppica Sacked "Senior" "AI" "Reporter" Benj Edwards But Did Not Remove All His LLM-Produced 'Articles'
the editorial standards at Conde Nast's Ars Sloppica are a joke
Alex Oliva (GNU Linux-Libre): Stricter is Less Popular
Reprinted with permission from Alex Oliva
Fraud and Crimes at Microsoft
A lot of these American companies simply cheat and even bribe
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 25, 2026
IRC logs for Wednesday, February 25, 2026
FSF's Alex Oliva on Hardware Black Boxes
Reprinted with permission from Alex Oliva
What Microsoft Hides Underneath
In recent years a lot of this shell game was played via "Open" "AI" [sic]
A Lot of Slopfarms Died, Google News Feeds the Few Which Survived and Still Target "Linux"
Many just simply died
Links 25/02/2026: Fifth Year of War in Ukraine, Dihydroxyacetone Man Looking to Start More Wars
Links for the day
Gemini Links 25/02/2026: Retired a Year, Illness, Losing a Lung, and "Back to Gemini"
Links for the day
The Register MS Published a Ponzi Scheme-Boosting Fake Article This Morning. It Mentions "AI" 30 Times.
Will credibility be left after the bubble pops entirely?
They Try to Ruin Linux, Too ("Attestation" in GNU/Linux)
In the context of Web browsers, this isn't unprecedented and we wrote a lot about it
Mozzarella Company: All Our Cheese Comes With Mold Now, But You Can Ask the Seller to Remove the Mold
If you reject and oppose slop, do not download/use Firefox
Stallman Was Right About Back Doors
I had some conversations with Dr. Stallman about security and back doors
Australian Signals Directorate ex-employee sold back doors to Russia
Reprinted with permission from Daniel Pocock
IBM Debt-Loading and Liability (Toxic Asset) Offloading
One can hope that IBM will be subjected to the same attention Kyndryl received, but this boils down to politics
Links 25/02/2026: 'Hybrid Warfare' and "Boycott the State of the Union"
Links for the day
IBM (and Red Hat) Can Disappear in the Coming Years, Along With Kyndryl (Debt Twice as Big as Its 'Worth')
No wonder Red Hat workers tell us they hate IBM
Software Freedom is Science, But It Also Sustains Life
In some sense, Software Freedom can be explained in the context of nourishing people
“Xbox, like a lot of businesses that aren’t the core AI business, is being sunsetted."
There has been a lot of narrative control lately, including at 9PM on a Friday
3,300 Capsules Known to Lupa and Currently Accessible
Gemini Protocol turns 7 this summer
When it Comes to Firmware, the FSF and Its Founder RMS Won the Argument (But Not the Fight, Yet)
The "whataboutism" tactics are physiological manipulation means of discouraging those who move in the correct direction
Austria Tackles Digital Weapon Disguised as "Social" and/or "Media"
Are we seeing the end days of Social Control Media?
Nothing Over the Horizon for XBox
XBox is not even being sold in many places anymore
Solicitors Regulation Authority (SRA) Contradicting Itself: You Can Use Slop to Cheat Clients, But You Can Also Face Disciplinary Actions Over Slop
Where does the SRA stand on the matter?
In Praise of Eben Moglen
Hopefully Professor Moglen will be with us for many decades to come and become an active speaker on issues such as Software Freedom
Sunsetting IBM (for the Benefit of Few Corrupt Officials and Wall Street Speculators)
IBM will not (and cannot) survive for much longer [...] The issue is bad leadership, not any particular nationality/race
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 24, 2026
IRC logs for Tuesday, February 24, 2026
Gemini Links 25/02/2026: Rise of Solar in 2025 and Smallnet Protocols
Links for the day
HR Blunder at IBM or IBM Struggling With Money?
Weird for such an allegedly rich company to be so stingy
Gemini Links 24/02/2026: x86 Computer In-Browser and Administration
Links for the day
Envy is the #1 Enemy of Richard Stallman
Whenever you see someone mocking Richard Stallman, ask yourself: does this person have a reason to be jealous of Richard Stallman?
Life is Sweeter When Less Means More
People need to think "small", not "big" (as in capital)
Championing a Cause
Probably over 100 million GNU/Linux users on laptops/desktops
Balmoral rape cult & Debian suicide cluster indifference, community
Reprinted with permission from Daniel Pocock
Father of XBox Says What Microsoft Does Not Want to Hear About XBox (They All Know It's Dead)
Microsoft just worried shareholders will find out Sharma is "just a face" and an undertaker
Can Much Longer Can the Financial 'Press' (Pump-n-Dump Megaphone) Cheer for IBM's Accounting Enigma?
IBM has fallen almost 25%
France Needs to Focus on Software Freedom, Not Flags
We need more SIP advocacy!
Combatting Censorship in the "Civilised World": The Media Blackout Surrounding EPO Strikes and Other Large-Scale Actions
We - collectively speaking - cannot afford to keep the Office in the hands of a "Mafia"
Religious or Not, Consider Quitting Social Control Networks (All of Them) This Season
Lent is a good time to quit addiction such as social control media
EPO Strike Actions and Other Industrial Actions Are Effective When Management Fears the Staff and Staff No Longer Fears Any Managers
'António the unready' should get ready to be ousted
Liberating the Self From the Invisible Prison of Plutocrats-Controlled Media and Social Control Media
Can you always see the full picture or does something (someone powerful) obstruct it?
Links 24/02/2026: Drug Cartel Decapitated, Jeffrey Epstein-Connected 'Linux' Foundation Promotes Slop and Buzzwords at MWC Barcelona 2026
Links for the day
2023: Layoffs Are Because of "AI". 2024: Shares Up Owing to "AI". 2025: Shares Recently Fell Due to "AI". 2026 Forbes (Paid by IBM): Shares Falling is Good!
"AI" is smoke and mirrors
Bitcoin: Code of Conduct stifled open source concerns
Reprinted with permission from Daniel Pocock
Slop Boosters and 'Hype Agents' Render Themselves Irrelevant and the General Public Becomes Incredulous Due to "Bros Who Cry Wolf!"
It won't age well
"Half-baked Vibe Code Shipped Full of Errors"
Seems timely after our latest article
IBM Did Not Fall Because of COBOL Vapourware, IBM Still Collapses Because It's Worthless, Way Overvalued, and Very Likely Cooks the Books
language-to-language conversion (in the context of programming) is nothing new
Links 24/02/2026: Copyright Litigation Over Anne Frank’s Diary, "Arrogance of Developers"
Links for the day
Another New Low for Solicitors Regulation Authority (SRA): Authorising Slop Disguised as "Legal Advice"
SRA is a lapdog - not a watchdog - of the "litigation industry"
EPO "Cocaine Communication Manager" - Part IV - "Many Jobs Were Given to Spanish Employees for No Related Skills At All"
The EPO's fate might be similar to that of the XBox
Gemini Links 24/02/2026: Hardware Tinkering and Slop Bots Attacking the "Small Web"
Links for the day
Quitting Reddit (Social Control Media Controlled by Conde Nast)
There is a new post in Reddit
IBM is the World Champion at Layoffs and There Are Reportedly More Layoffs in IBM This Month (EU)
IBM fired 60,000 in 1993
Free Software is for Everyone
Young and old, rich and poor etc.
Gemini Links 24/02/2026: Voltage Divider on Slide Rule and Many Raspberry Pi Projects
Links for the day
Links 24/02/2026: Telephone Turns 150, Political News Catchup, and Rearmament
Links for the day
Asha Sharma "a Palliative Care Doctor Who Slides Xbox Gently Into the Night"
2026 will probably be the last year of XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 23, 2026
IRC logs for Monday, February 23, 2026