Bonum Certa Men Certa

Patent Quality at the EPO Has Collapsed Since Battistelli Came, According to EPO Staff

EPO grant rate
From an internal EPO publication



Summary: Norway highlighted strong concerns about declining patent quality at the EPO several years ago under the Benoît Battistelli administration; like Battistelli before him, António Campinos uses the propaganda mill "IAM" to say the opposite of what is true (IAM is also being paid by the EPO's PR agency), so today we reveal what actual EPO staff says about quality of European Patents

THE following publication is not new, but it is still very relevant because Team Campinos with its propaganda mill "IAM" lied a lot in recent weeks. We repost it below with no further comment (none is needed, the charts speak volumes)



Munich, 04.07.2018 sc18025mp – 0.2.1/1.3.3

Clarification – Grant Rate



Some colleagues approached us with questions about the grant rate at the EPO. In a recent Discussion paper on Patent Qualityi staff representation argued that the current grant rate is about 69% whereas the EPO management sees it at around 57% in 2017. During the September 2017 meeting of the administrative council, the German delegate raised concerns about the ever increasing grant rate, which they found had reached 70%ii. We decided to inquire by first seeking clarification from DG1. Unfortunately we did not receive an answer yet. So we looked at past press releases, articles and management presentation. We found that the grant rate at the EPO increased by 15 point from 42% in 2009 to 57% in 2017.

According to the IP5 Statistics Reportvii the EPO defines its grant rate as the number of published EP grants divided by the total number of completed EP examinations in a given year (#grants + #refusals + #withdrawals). Unfortunately, we were not able to determine the total number of completed EP examinations for a given year since the number of withdrawals and refusals are not available to us.

As we are not able to calculate the grant rate, we collected the grant rates for recent years by looking at press releases, management presentations and news articles: see Figure 1 and Table 1. Particularly notable is the rise from 50% to 57% from 2016 to 2017.

EPO grant rate increased from 42% to 57%; +15 points
Figure 1: Grant rate as communicated by the EPO management



Grant rate as communicated by the EPO
Table 1: Grant rate as communicated by the EPO (sources: 2007 and 2008iii, 2009iv, 2010 and 2011v, 2012vi, 2013 to 2014vii, 2015viii, 2016ix, 2017x)



Grant rates (as well as refusal and withdrawal rates) are of course a dubious indicator of patent quality. The underlying hypothesis is that the quality of the incoming patent applications remains stable over the years. However, this is unlikely, as it can be argued that the legal framework over the years improves. Furthermore, search tools for applicants to check available prior art before filing an application are much better today than some years ago.

Hence, whether the grant rate gives much indication about patent quality is open for discussion. However, the grant rate communicated by the EPO indicates an increase of 15 points in comparison with 2009. We think that this deserves a proper and transparent analysis.

Discussion Paper on Patent Quality

We are pleased that the Discussion Paper on Patent Quality finally triggered some discussion on patent quality within the management. In our view this is urgently needed. The statement that the grant rate increased from 50% to 70% was based on incorrect data; now thanks to new data provided by the management we are able to give more precise figuresxi. The result is that absolute values are different but the trend of an increasing grant rate is real: The grant rate increased from 42% to 57%.

Unfortunately, when investigating the grant rate we need to rely on press releases by the EPO, news articles and management presentations. We cannot directly verify the numbers. In particular, we could not find the yearly total number of completed EP examination proceedings for the years 2009 to 2017, i.e., the exact number of grants, withdrawals and refusals. Before 2009 this number was published in the Annual Report which the EPO publishes every year. We asked the EPO to provide us with the necessary data, albeit with no luck until now.

The error in the calculation of the Grant Rate in the Discussion paper on Patent Quality The main data sources for the grant rate as published in the Discussion Paper on Patent Quality were the Annual Reports of the EPO. The wrong assumption was that the total number of completed EP examinations in a given year corresponded to the number of “Examinations” as published in the Annual

Reports. For example for 2017 “Examinations” amounted to 153.858 (B) and the number of published grants to 105 635 (A), see Figure 2 and Figure 3, for 2017. Hence, a calculated grant rate of 0,69% for 2017 would follow by the division A/B. However, “Examinations” does not correspond to the number of completed procedures in EP examination, but to the total number of communications sent out by examiners. In the yearly report for the EPO every single communication counts as a product, as can be seen in Figure 4. Internally for examiners only final actions count as products, hence the error of interpretation.

Examinations at EPO
Figure 2: Examinations (Annual Report 2017xii , EPO Intranet)



EPO grants
Figure 3: Number of grants in 2017 (Annual Report 2017xii, EPO intranet)




Figure 4: Total products (Annual Report 2017xii, EPO intranet)



____ i Good enough? A discussion paper on patent quality, 2018, https://munich.suepo.org/archive/su18003mp.pdf ii CA/91/17, Draft Minutes of the 153rd meeting of the Administrative Council, paragraph 88, 24.11.2017, http://main23.internal.epo.org/projects/micado/micadn.nsf/198832a7132e4641c1256fcc002de3ed/e2ca77d3ad94c8cbc12581e20046cee0?OpenDocument iii European Patent Office takes a tougher stance on quality as European patent applications continue to rise, IAM, 2009, https://www.epo.org/news-issues/press/releases/archive/2009/20090317.html iv EPO patent grant rate plunges as the backlog grows, IAM, 2010, http://www.iam-media.com/Blog/Detail.aspx?g=76431827-efdb-430f-84d6-e595e6789902 v Low grant rate is an indicator of quality, says EPO president; UK lags however you look at it, 2012, http://www.iam-media.com/Blog/Detail.aspx?g=4d81a9f1-03bb-4438-b538-63928cd398a7 vi IP5 Statistics Reports 2012 Edition, https://www.fiveipoffices.org/statistics/statisticsreports/statisticsreport2012edition/IP5statistics2012.pdf vii The EPO defines its grant rate as “... the number of applications that were granted during the reporting period, divided by the number of disposals in the reporting period (applications granted plus those abandoned or refused).”, IP5 Statistics Reports 2014 Edition, https://www.fiveipoffices.org/statistics/statisticsreports/2014edition/ip5sr2014.pdf viii EPO achieves major performance gains in 2015, press release, 2016, https://www.epo.org/news-issues/news/2016/20160113.html ix EPO Quality Report 2016, https://www.epo.org/news-issues/news/2016/20160113.html x Management Presentation, May 2018, Our commitment to Quality, DG1 xi We approached the management prior to publication of the Discussion paper on Patent Quality to discuss and verify the data, but unfortunately to no avail. xii Annual report 2017, Granted Patents, https://www.epo.org/about-us/annual-reports-statistics/annual-report/2017/statistics/granted-patents.html#tab1


Aside from the above, the Munich SUEPO committee had also published at the time "Good Enough?"

It described it as "[a] discussion paper about patent quality at the EPO [...] drafted by colleagues of the local staff committees of Berlin and Munich. Until now the EPO administration refused to publish this document on the EPO intranet. We think this discussion paper should be read and discussed by as many EPO stakeholders as possible. That is why we publish it now on our website and we hope it will result in many fruitfull discussions amongst the EPO stakeholders."

At the time, Team Battistelli was crushing any attempt to study actual patent quality and validity (or compliance w.r.t. the EPC), scuttling any existing attempts to do so. We wrote about it back then. Here's the illuminating full paper, which is 31 pages long. [PDF]

Recent Techrights' Posts

Attacks on Techrights Are Only Making Techrights Bigger and Even More Popular
A week ago they offered to settle with us
EPO Staff Can Go Listen to Richard Stallman Next Week in Munich (Technical University of Munich, Rudolf-Diesel Hörsaal (MW2001) on Campus Garching at 18:00)
"The talk is open to the public and attendance is free. Registration is not required."
 
Our Sites Continue to Improve
LLM slop has had no noticeable impact on us
Gemini Links 15/10/2025: Neovim, Helix Compared and Gemlog.blue Now Closed
Links for the day
Links 15/10/2025: Mass Layoffs at Amazon, OneDrive Spyware Revved Up, More 'Gen Z Protests'
Links for the day
The EPO's Staff Engagement Survey 2025 is Already Tainted by Intimidation by EPO Management (Trying to Influence Outcomes by Scaring Genuine, Honest Critics)
"[W]e have received reports that, following the previous survey, teams with negative responses were reproached or questioned about their answers..."
The DDoS Attacks by Microsoft's Scam Altman and Other Slop Charlatans and Frauds is Hurting the FSF, Delinking It From Copyleft Projects
This impacts a lot more than access to the licences
Microsoft Scanning Faces in Photos People Upload to Microsoft (Even Unconsciously), Slashdot Turns Report About It Into "Microsoft Sez" (Says)
Or "let's repeat the lies from a PR person/Microsoft's publicist"
[Teaser] Angel Aledo Lopez the Manipulator (Nepotism, Poll Rigging, and Other EPO Corruption)
We'll discuss this later today or tomorrow, based on internal EPO material
Epic Metaphor for End of IBM: "The IBM Demolition is Down to the Last Shards!"
Nothing lasts forever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 14, 2025
IRC logs for Tuesday, October 14, 2025
Proprietary and DRM Prisons Spiralling Down the Sinkhole? Not Just Yet.
Let's hope that more people will flee to GNU/Linux
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock
Many Developers Have Many Political Views, They'll Never Agree on Everything
It's an effort to divide and destroy, not build
Gemini Links 14/10/2025: An Opportunity to Consider GNU/Linux and Another Simple IRC Client
Links for the day
Slopwatch: UbuntuPIT, LinuxSecurity, Google News, and the Serial Slopper Brian Fagioli
Nothing of merit here, just more slop
Links 14/10/2025: Lack of Trust in Slop and "Retirement Challenges"
Links for the day
Rhonda D'Vine, Gerfried Fuchs, Pronouns & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
At IBM, Relocation Means Layoffs (Downsizing)
Silent or 'invisible' layoffs?
Central Staff Committee of the European Patent Office (EPO) Warns That EPO Management is Robbing or Manipulating Pension Funds Again
Faking "growth" is just about as bad as forgery
Probably a Lot Worse Than LLM Slop: GNOME Tying Itself to Divisive Politics, Even Where It's Clearly Not Relevant
Something has gone terribly wrong in GNOME
Links 14/10/2025: Microsoft OneDrive Scanning Faces in Photos (Without Asking First), "OpenAI Says It Will Move to Allow Smut"
Links for the day
They Generally Don't Like Scholars, as They're Less Compelled or Pressured to Repeat What Corporations and Oligarchs Say
People who loathe scholars have an agenda in mind that, unlike that of reasonable people, revolves around controlling people
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
Belated New Article About Last Thursday's Lecture by Richard Stallman in Helsinki, Finland
there are good reasons to pay with cash, not limited to privacy
Attacking Richard Stallman Has Become 'Career Suicide'
If you're going to viciously attack somebody, make sure your arguments are rock-solid
Microsoft's Failing XBox Business Has Turned Games Into Funerals
How does it feel to depend on Microsoft?
Yesterday's "Distinguished Lecture" by Richard Stallman Possibly Attended by Close to 1,000 People
The capacity of the place is about 900
Slop Poisons Everything
Imagine wanting to find what Torvalds has just said or what has just been released
Taking Software Freedom 'Mainstream'
interest in Software Freedom must have grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 13, 2025
IRC logs for Monday, October 13, 2025
Gemini Links 14/10/2025: Ada Lovelace Day, Sony CLIE PEG-TG50 Review, Why to Avoid Network Solutions
Links for the day
Richard Stallman (RMS) Announced His Talk Less Than 24 Hours Before It Took Place and Still Filled Up the Auditorium at Sapienza Università di Roma
Photos from yesterday evening [...] It looks like it was a very successful event
The EPO's War on Techrights Was a Massive Mistake
The EPO started the SLAPPs after we had published a few hundreds of articles; we've since then published close to 6,000 because the attacks on us emboldened insiders to help us
General-Purpose Computers to Become Growing Area of Coverage
Without them, we have little left for controlling our lives
"They missed a great opportunity to shut up." -Jacques Chirac
Brett Wilson LLP has been trying to cheat the legal system many times
Harassment evidence: Switzerland, overcrowded fitness and yoga centers, incompetence and racism in accident response
Reprinted with permission from Daniel Pocock
Vincent Danjean & Debian NXIVM collateral, blackmail risks
Reprinted with permission from Daniel Pocock
In Sweden This Past Friday Richard Stallman Explained Why Copyleft is Important
And he didn't have to 'bash' BSDs, either
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025