Bonum Certa Men Certa

Goodbye to Patent Quality at the EPO, Thanks to Team Battistelli With Its Extreme Policies

Removing the 'burden' of quality control

Praetorian guard



Summary: The erosion of patent quality at the European Patent Office seems ever more evident and inevitable, especially if the UPC becomes a reality (opening doors to software patents) and makes the boards of appeal marginal

NOW that the EPO is in full propaganda mode and there are dedicated hashtags for purchased press coverage I've decided to stay home and cover more closely some EPO affairs, in addition to all the other stuff (unrelated to EPO). The EPO is totally out of control. It's run by lunatics who believe their 'circle' can just buy votes, 'studies', press 'coverage' etc. How far can this go before the EPO implodes or politicians invoke some magic law that can hold Battistelli accountable?



Good explanation of why the EPO management is effectively trying to demolish the boards (a little oversight or accountability) was posted by an anonymous blogger as per information that initially came from IP Kat and angered the EPO management enough to have the site banned (media analysis/sources seem to suggest this was the final straw which did it).

Here is the core of the analysis, which is accompanied by numbers:

This shows that the increase in fees has dramatically affected ex parte appeals, with appeals before the increase averaging at about 1200 a year and in the first full year after the increase amounting to only 864 appeals (a 28% decrease).

The increase in fees has affected inter partes appeals less, with the number of appeals in opposition roughly tracking the number of grants (roughly 2.5% of grants end up with an appeal in opposition).

If a mere 50% increase in appeal fee has resulted in such a drastic change in applicant behaviour, what effect might the huge proposed increase have?

It is to be hoped that the Administrative Council will recognise that an effective appeal system is essential to maintaining quality at the EPO, and will not increase the appeal fee [at all].


"A few thoughts on the effect of the last big increase in appeal fees can be found here," s/he wrote in IP Kat. The numbers seem to support the hypothesis that fee hikes directly impact the number of appeals. It demonstrates that Battistelli's plot would squash the boards in the same way the Tories in the UK destroy the NHS, claiming failure or lack of demand (which they themselves created or led to, respectively).

"Well, with lower/declining quality of patents, which is a known issue (see how the EPO accelerates examination under pressure), not many appeals by the applicants would be needed, especially if massive fee hikes are implemented."One critical comment on the above says: "Perhaps a table of number of grants against number of ex-parte appeals may help (or refusals even). Given the increase in productivity, could there be a simpler link - less refusals = less appeals"

Well, with lower/declining quality of patents, which is a known issue (see how the EPO accelerates examination under pressure), not many appeals by the applicants would be needed, especially if massive fee hikes are implemented. The value of EPs (European Patents) would itself decline, making the relative cost of appeal disproportionately high. This may be good for 'production' figures that don't account for quality and use more convenient (easily-measurable) yardsticks like number of granted patents, repeating the USPTO's mistakes (patent saturation necessarily means deflation). As one person put it this morning, "when it comes to management at the EPO, the dumber, the better." Under Battistelli it's all about loyalty (to Battistelli, not to the EPO as an Organisation), not brains or skills. No wonder people are leaving in droves and brain drain is repeatedly being reported to us [1, 2, 3, 4].

"No wonder people are leaving in droves and brain drain is repeatedly being reported to us."Another new comment says that “private practice are receiving more and more applications for patent attorney positions from EPO examiners.” Here is the full comment: "Rumours - confirmed by some industry sources - are numerous that industry and private practice are receiving more and more applications for patent attorney positions from EPO examiners. While I see more and more advertisements on Linkedin re. recruitment of examiners."

There is also a discussion there which compares the USPTO and the EPO (not on quality but on staff regulations). The same person says: "Well, that USPTO regulation makes perfect sense. And is a good example for the EPO, if not yet in place. For the interest of applicants, not for the direct interest of the EPO. So still... Conflict of interests of the EPO... outside counsel to SUEPO? Investigative agency hired by the AC to investigate too close family ties at the top of the EPO? I am still very much in the dark what such legitimate interests of the Office may be."

"On the surface, today's EPO has a lot of scandals and enough to make it Europe's leading pariah, but it's disconnected from oversight so it keeps behaving like a rogue regime, mostly uninterrupted (outside intervention is not sufficiently effective)."Apparently, conflict of interests is absolutely verboten for all staff except Team Battistelli, where people even bring family members to roles with massive salaries. Making this situation ever more comical, it's these family members who are also then put in charge of identifying issues like conflict of interests (Human Resources).

The EPO. What a house of cards...

The EPO now bans access to sites which are critical of the EPO and at the same time pays the media to say what Battistelli tells the media to say about the EPO. These sponsored/bought articles (by EPO) should in their own right be a huge scandal (waste, press abuse, misleading the public) and as more 'media partners' start to issue their puff pieces we kindly ask readers to keep us informed (some of this coverage is not in English). On the surface, today's EPO has a lot of scandals and enough to make it Europe's leading pariah, but it's disconnected from oversight so it keeps behaving like a rogue regime, mostly uninterrupted (outside intervention is not sufficiently effective). The EPC inadvertently created a monster and this monster is called Battistelli.

Recent Techrights' Posts

GNOME Foundation's Microsoft Developer Account
"Lately they're teaming up with Mozilla to eliminate middle click paste - something which I use continuously."
Links 10/01/2026: "Abolish ICE or GTFO", Calls to Ban X/Twitter From Apple/Google App Stores (or Implement National Blocks) Over MElon Turning It Into Non-consensual Deepfake Porn Site
Links for the day
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
 
Links 10/01/2026: Iran Offline, Venezuelans Decry Civilian Casualties
Links for the day
GAFAM Wants War
Go war! Go bailouts! Go debt! Go Wall Street!
GNU/Linux and Chromebooks Rose to Almost 10% in Haiti
What's noteworthy is that this month GNU/Linux is measured at around 8% and ChromeOS at about 2%
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day
Plot Twist: Microsoft MSN Relays Articles Hinting at or Pointing to Mass Layoffs Soon, Other Gossip
the narrative from Microsoft's "PR bunny" (Shaw) is showing mold already
Links 09/01/2026: Google and Character.AI Implicitly Accept Chatbots Kill Kids and GLP-1 ‘Slimming Pens’ Turn Out to be a Lot Worse Than Advertised
Links for the day
'Vibe Coding' is Not "AI", It's a Sewer, It is Junk
Linus Torvalds was wrong. 'Vibe coding' isn't good for anything.
GNU/Linux May be Approaching 10% "Market Share" in Montenegro
The surge started around 2021
At IBM, "Employee Reviews" (or Appraisals in the UK) Are a "Trojan Horse" for RAs (Mass Layoffs), a Waste of Time
comments from IBMer serve to suggest that appraisals can be precursors
Links 09/01/2026: Technical Blogging Lessons Learned and Google's Gmail Getting a Lot Worse
Links for the day
More IBM Layoffs in India
If IBM cannot afford to retain workers in India, then something is truly "out of control" at IBM
Escaping GAFAM Colonialism Requires Homegrown Free Software
GNU/Linux now measured at 3% in Zambia
Dr. Richard Stallman Has Done No Harm to the GNU Project or the FSF (He Had Benefited Both, Always, Even After the Attacks on Him Began)
Some people try to prevent Dr. Stallman from speaking or having a platform where many people can hear him
GNU/Linux at 4% in Saudi Arabia, Says statCounter
Some years ago Windows fell to a "market share" of just 11% there
Microsoft Isn't Denying the Mass Layoffs
Still silence from Microsoft
In Western Africa GNU/Linux Flirts With 5% Market Share
there's a gradual increase in GNU/Linux usage there
Gemini Links 09/01/2026: Pro1 X Repair and the Mercury Protocol
Links for the day
Links 09/01/2026: Cambodia and China Extradition, "NATO’s High-risk Patrols Near Ukraine"
Links for the day
No, Microsoft Did Not Deny the Q1 Mass Layoffs (Microsoft Can Delay These)
Maybe they disperse or delay the layoffs (changing plans), but the layoffs are going to happen
Only One Person in Charge of Fedora is Not IBM Staff
This is not a community project, it's just a way for IBM to onboard unpaid volunteers
This Is Not a Drill, GNU/Linux is Really Going 'Mainstream' on Laptops (and Desktops)
It is important to explain to people software freedom
IBM Albany Layoffs
not only did many in the site lose their job; there's more to come "and likely another one in February" (weeks from now)
EPO Workers' Industrial Action to Include Many Strikes, to Last Several Months
In some ways, The Hague and Bavaria are becoming almost indistinguishable from Moscow
EPO People Power - Part XXIX - Getting DER SPIEGEL, FAZ, Deutschlandfunk and Sueddeutsche Zeitung (SZ) to Cover EPO Scandals
We kindly ask our readers to contact their local media and urge it to cover the scandals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 08, 2026
IRC logs for Thursday, January 08, 2026
Gemini Links 08/01/2026: "New Year, Old Plans" and Alex's "Butlerian Jihad"
Links for the day
LLM Slop About "Linux" Scarce and of Very Low Quality
At this rate, we reckon there may be one (or zero) per day by year's end
IBM's "Forever Layoffs" (to Bypass Warnings or Notices as Required by WARN Act)
There is a bunch of speculations about when the next "major round" of RAs will be
Attempts to Undermine This Site's Latest Series Using Intimidation, Threats, and Presumptuous Accusations
threatening language is less effective when everyone is an alibi
Links 08/01/2026: "Golden Smartphone" Scam and Riseup Account Issues
Links for the day
Links 08/01/2026: Possible "Collapse of NATO Over Greenland"; Journalistic Malpractice and "US Voters Hate Slop"
Links for the day
EPO People Power - Part XXVIII - A Sensitive Issue for Germany and The Netherlands
If Germans who read this series can communicate this to public officials or to their media, maybe they can strike a nerve and get the ball rolling
Age Discrimination at IBM Discussed Amid Mass Layoffs (Especially in the United States)
Workers are anxious. Are they next to face the axe?
Gemini Links 08/01/2026: Potentiometer Calculator, Power Outages, Why You Should Abandon Discord for IRC (e.g. Ergo), and Formatting Gopher Posts
Links for the day
Links 08/01/2026: More Software Patents Squashed, White House Repeats Misinformation From the Kremlin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 07, 2026
IRC logs for Wednesday, January 07, 2026