Bonum Certa Men Certa

Benoît Battistelli Lies About Patent Quality; the Numbers Speak for Themselves However

The number of European Patents (EPs) opposed has skyrocketed and may have outrun the capacity to properly deal with oppositions

The number of European Patents (EPs) opposed



Summary: The person who is rapidly ruining the quality that the EPO stood for over the years (nearly half a century) lies to his staff and stakeholders today; He has even, in his own words, "chaired our annual Quality Review" to review his own supposed 'performance'

THE quality of patents at the Office of Benoît Battistelli is as high as the quality of the lies of Benoît Battistelli.



This Liar in Chief continued lying today; he spoke about patent quality yet again. He has lost any sense of shame and he now lies so blatantly that we can imagine the faces of EPO workers who read this 'blog' post of his (warning: epo.org link). It was promoted in the Organisation's Twitter account some hours ago. "In a new blog post President Battistelli reviews 2017 and discusses the year ahead with a strong focus on quality," it says. They too are lying. Yes, the Organisation. Does Herrnst care at all? Probably not because a few months ago he help defend the same lies about patent quality (in a private event that was publicly reported on). We suppose that a rebuttal to these lies is in order because staff must have noticed these lies. Someone ought to respond to the lies.

"He chairs a meeting in which to discuss himself."Battistelli is (of course) lying. He chairs a meeting in which to discuss himself. How ludicrous is that? Napoleonic. "At the beginning of December," he wrote, "I chaired our annual Quality Review, comprised of senior EPO management who are integral to maintaining and developing the Office’s quality."

So Battistelli controls everything, even things that are tasked with assessing his performance. Amazing, isn't it? Not at the EPO anyway; this has become the norm and something to be perpetually expected.

Is anyone out there surprised about it? Battistelli is moving his lips again, having returned from his (longer than other staff's) break. His lips utter words, which leave an odorous puddle of lies afoot.

"Battistelli is moving his lips again, having returned from his (longer than other staff's) break."Let's look at the latest evidence of a decline in patent quality (as the EPO itself is unable to safely investigate the matter; staff representatives who merely brought up the subject were severely reprimanded by two Vice-Presidents). Introspection verboten!

The EPO's Patent Prosecution Highway (PPH) with Canada, which we mentioned on Tuesday morning, is now officially "news" (several days after it actually started). It comes from two publications that typically parrot EPO press releases [1, 2]. The first says this:

The European Patent Office (EPO) and the Canadian Intellectual Property Office (CIPO) have extended a patent prosecution highway (PPH) pilot agreement.

The extension of the pilot, which allows applicants who have been successful in obtaining a patent at one office to request accelerated examination at the other, was announced on Friday, January 5.


For those who are not familiar with the concept, PPH will almost always guarantee lowered quality of assessment (and less time for oppositions etc.) in the name of speed, usually in order to better facilitate a patent aggressor rather than a defendant.

When you use the word "products" maybe you intentionally fail to understand what patents really are; so says the second 'article' (more like a press release):

Comparatively, the CIPO received 406 requests: 325 based on PCT work products and 81 based on regional work products.


Yes, "products"; Battistelli probably thinks that he is literally running a factory (something which he never did before by the way).

This is an utter embarrassment. PACE, Early Certainty, PPH and so on have basically demolished patent quality. The appeal boards have been systematically diminished (pure sabotage!) and see this new press release titled "European Patent Office Cancels Oral Opposition Proceedings Concerning Cantargia's Patent for Solid Tumours" as it's almost self-explanatory. It does not look like the EPO even has the capacity for quality assessment of patents anymore...

In the ongoing opposition proceedings at the European Patent Office ("EPO") concerning Cantargia AB's ("Cantargia") patent for antibody treatment against IL1RAP in solid tumours the EPO has informed the company that the oral proceedings that were due to take place on 22 January 2018 have been cancelled.


Oppositions? What oppositions? The EPO cannot even keep up. Understaffed. Brain-drained. Total chaos.

"The EPO now grants far too many patents in error."Great job, Battistelli!

The EPO now grants far too many patents in error. And its error-correcting mechanisms have been brought to their knees. Hours ago someone posted this detailed analysis which show how the number of oppositions has soared (indicative of plenty of 'dissent' or 'protest' against grants). To quote the relevant part (there is a graph there too):

Given the EPO opposition term of nine months from grant and given that by far the greater proportion of oppositions are filed towards the very end of the opposition term, increased grants could be expected to be followed nine months – three quarters of a year – later by an increase in the number of patents opposed.

Though the record of the number of patents opposed in the third quarter of 2017 is not yet finalized, it seems clear that this expected "more patents opposed" effect has occurred.

At the latest from the first quarter of 2017 there has been a marked increase in the number of patents opposed.


We are truly concerned that Battistelli basically 'broke' the EPO; everything that had evolved at the Organisation (and Office) to assure checks and balances, self-assessment etc. is now gone. When we publish old documents from staff representatives we gradually go back in time and show how Battistelli did it, scuttling everything that constitutes separation of powers. It's disturbing. And it's a good thing that some people meticulously documented these things over the year.

"When we publish old documents from staff representatives we gradually go back in time and show how Battistelli did it, scuttling everything that constitutes separation of powers."The other day Alexander Esslinger wrote about the Organisation's Enlarged Board of Appeal and German Federal Court of Justice (FCJ): (see corresponding tweet)

The Enlarged Board of Appeal (EBA) reasoned that such undisclosed disclaimers in most cases constitute added matter, i.e. “the requirements of Article 123(2) EPC leave virtually no chance of an undisclosed disclaimer being allowable” since “introducing any disclaimer per definitionem excludes subject-matter from a claim and, hence, changes the technical content of the claim” (G1-16, point 42). The EBO allowed undisclosed disclaimers under the above-mentioned clearly defined conditions despite the fact that they violate Art. 123(2) EPC, because under these circumstances a violation of Art. 123(2) EPC would not give the patentee or applicant an unwarranted advantage damaging to the legal security of third parties; this being the rationale behind Art. 123(2) EPC (G1-16, point 36).

The German Federal Court of Justice (FCJ), however, applies in the recently published ex-parte decision “Phosphatidylcholin” a different reasoning. In the case the FCJ had to decide upon an appeal on points of law (“Rechtsbeschwerde”) of the applicant of a patent application, which has been rejected both by the GPTO and the Federal Patent Court based on the ground that of an undisclosed disclaimer consisted of an inadmissible extension beyond the content of the original application.


We previously posted evidence that GPTO (in relation to SLAPP, trolls, and quality of patents) had become better than EPO. Where is the EPO going if the Boards of Appeal are being crushed (and shrunk) further and further? Who is going to independently assess patent quality?

German media will look the other way, perhaps because the EPO is a sacred cow (cash cow).

Recent Techrights' Posts

Recruiters Don't Use Microsoft LinkedIn, Spammers Use LinkedIn
One of my best friends, a university professor, lost all of his life's savings due to Microsoft LinkedIn
You've Only Wasted Your Life in Social Control Networks
In a sense, social control media is a giant delusion
2025 Was a Very Bad Year for Social Control Media
statCounter sees a gradual demise in Social Control Media access
Don't "Go Paperless", Go Paperful [sic] (for What Really Matters)
Why should we favour paper use sometimes? Well, many reasons.
The Slop Industry is Failing So Badly (Mountains of Debt, Losses) That It's Merging With the SPAM Industry
we reckon that Google will eventually delist all slopfarms, recognising they're just a form of SPAM
IBM Starts 2026 a Much Smaller Company (Not Homage to Gerstner)
People who get bluewashed out of their job (or bluewashed into unemployment) are gagged by NDAs
Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
 
2026 IBM Phaseout of Red Hat
Red Hat won't fare any better than most IBM acquisitions
Microsoft Budget Issues, XBox Thrown Under the Bus
They're cutting budget. Soon they'll cut the staff.
Only Hours Into the New Year People Already Discuss the Next Round of Layoffs at Red Hat/IBM
2026 will be another tough year for Red Hat and IBM
EPO People Power - Part XXI - Europe's Second-Largest Institution Became a Corrupt For-Profit Company Run by Drug Addicts
it'll be the demise of the Rule of Law in Europe and maybe a death blow to the EU (eventually), not just the EPO
Another Very Productive Year Commences
"a total of over 17,000 pages in a year"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 31, 2025
IRC logs for Wednesday, December 31, 2025
Fiji: GNU/Linux Has Risen From Almost Nothing to Almost 5% in Recent Years
It's not as small as people are led to believe
Gemini Links 31/12/2025: Blogosphere is Growing and New Year Begins
Links for the day
Complexity Considered Harmful: We Used to Run an Operating System on 64KB of RAM, Not 64GB of RAM (a Million Times More)
"Initially confined to single-tasking on 8-bit processors and no more than 64 kilobytes of memory"
Links 31/12/2025: Cheeto Pushing for More Wars, ‘Security is a Shared Responsibility’
Links for the day
Enshittification of Postal Services Isn't Technological Advancement
Societies that say the aim is to "go digital" and eliminate paper trail aren't advanced; they're moving backwards
XBox is Likely Dead Already, But the Threat It Posed to Us All for Two Decades Isn't Over
"the Xbox was never about gaming and merely served as a test bed for DRM in commodity systems."
Ahead of 2026 Mass Layoffs at Microsoft the Tree Gets Shaken to See Who 'Falls' (Resigns/Retires)
"We had a quiet meeting last week about budget realignment. No one said layoffs, but it’s clear where the focus is shifting."
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025