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

Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Maintenance Reminder
We'll carry on publishing
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
 
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026
SLAPP Censorship - Part 18 Out of 200: Third Parties Funding Attacks on the Messengers, Lawsuits Against GAFAM-Critical Voices That Uphold Real National Security
Women are like kryptonite to them
Never Trust People Who Write Their Own Wikipedia Pages (Vanity Pages About Themselves) or Ask Friends to Do So. Also: Jono Bacon is Married to Microsoft.
We'd hardly be the first to point out Wikipedia isn't what it seems
No Tolerance for Attacks on Family Members
Being a Free software activist ought not lead to "collateral damage" like attacks on family members, including doxing
Sirius Open Source is Just a Zombie Firm With Shell Entities
Many companies fake their health and their size
Communities Can Only Survive When Trust Prevails
PCLinuxOS is still a vibrant and authentic community
Techrights Was Always a Community Site
The harder we're attacked, the more people participate in the site
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026