Bonum Certa Men Certa

The EPO is Dying and Those Who Have Killed It Are Becoming Very Rich in the Process

We wouldn't be surprised if Campinos became known/remembered as the EPO's last President (ever), just like Ron Hovsepian at Novell

French patent office
The EPO is a French patent office. When quality does not matter it's just another French patent office (like INPI), run mostly by French people who are connected to Battistelli.



Summary: Following the footsteps of Ron Hovsepian at Novell, Battistelli at the EPO (along with Team Battistelli) may mean the end of the EPO as we know it (or the end altogether); one manager and a cabal of confidants make themselves obscenely rich by basically sacrificing the very organisation they were entrusted to serve

THE EPO is so out of control that examiners must give up any genuine ambition of doing their job properly, as per the EPC.



A trusted source wrote to tell us about Battistelli's "last present," saying that he now decides to "make it two times harder to refuse applications." This comes from a reliable source.

We have been hearing and reading similar things for quite some time, but it only seems to get worse over time. The vision of endless growth is misguided and it's bound to cause massive layoffs some time soon. The Office and by extension the Organisation is in disarray. It cannot survive like this. But Office management has tenures and can just 'move on' when the Office implodes (probably after management rewarding itself with lots of massive bonuses) and the Organisation is occupied/dominated by people from national patent offices, so the death of the EPO might actually be good for them in the long run.

"A trusted source wrote to tell us about Battistelli's "last present," saying that he now decides to "make it two times harder to refuse applications." This comes from a reliable source."Are we seeing the end time of the Office? Do not be misled by the constant lies from Battistelli, who according to a recent poll has single-digit approval rates among stakeholders and his choice of succession (another Frenchman, Campinos) is cause for optimism for just 1 in 7 stakeholders. The EPO, to us at least, seems like the failed organisations we covered before. In 2006 until around 2010 we wrote thousands of articles about Novell right here in this Web site; Novell quickly imploded after it had signed a submissive patent deal with Microsoft. We now see the same symptoms at the EPO, with management granting itself humongous wages, pay rises, bonuses etc. while staff gets laid off and business runs dry. Prior to 2006 I was a huge fan of Novell and SUSE, but when a manager called Ron Hovsepian took over he rapidly destroyed Novell, wrongly assuming that patents would somehow save the company; at the end they got picked up by Microsoft. Wikipedia calls CPTN "a consortium of technology companies led by Microsoft that acquired a portfolio of 882 patents as part of the sale of Novell to Attachmate" and we we wrote a lot about it. Mr. Hovsepian became a very rich man while he destroyed the company; the same is true for Battistelli right now.

"An Office which controls the Boards of Appeal (like Battistelli does) is an instrument which totally lacks oversight."Putting aside the Novell analogy (I dedicated 4 years of my life to covering that), how about IP Kat? It doesn't even write so much nowadays (this year) and sometimes it seems like IP Kat is on the same side as patent trolls, more so after its founder (Jeremy) left. It's like the blog is run by Bristows (Team UPC), which now does this multi-part puff piece about a Microsoft-connected think tank called Fordham IP.

Where's their coverage of EPO matters? EPO scandals?

The Boards of Appeal at the EPO are complaining that they are understaffed, besieged, and even abused. IP Kat's Eibhlin Vardy managed to write something that overlooks all this, courtesy of lawyers from Kilburn & Strode:

The EPO is not this GuestKat's natural habitat, and so she was glad to be reminded of the consultation on the new rules of procedures of the Boards of Appeal from Katfriend Gwilym Roberts of Kilburn & Strode.


Nothing has been said about the complaints from the Boards of Appeal (just a day or two beforehand). How come? The EPO wrote: "We look forward to receiving your comments on proposed changes to our appeal procedure."

This is the sort of fluff that IP Kat is repeating. Well, the Boards of Appeal actually complain, but this is how the EPO framed it: "2017 was a year of growth for the EPO Boards of Appeal in terms of their overall quantitative performance."

Growth?

Battistelli has shrunk them. They complain about understaffing.

At IP Kat (the way it's run nowadays) the comments are, as usual, better than the posts. "A friend of the Boards" who is the sole commenter wrote:

It is a bit easy to complain that the boards are slow. They are slow due to the fact that the BA are dramatically understaffed, and everybody knows the cause of this understaffing. Even if from July 2018 onwards the staffing level may slowly get back to normal, so that the backlog can be brought to a decent level, this will take years. And here the BA are not to blame!

In the last three years the backlog has grown by 500 files/year. On the 31.12 of the following years the backlog was: 7907 in 2015, 8418 in 2016 and 8 946 in 2017.

In their present version the RPBA are in place since 2005, so it cannot said that they come as a surprise. Neither the fact that any request filed at the BA should be substantiated.

The bulk of the amendments proposed is simply to codify the recent case law of the BA in matters of procedure. But one stance which is established now for many years, will not change: it is fatal to wait to go to the BA to file requests which could have been filed earlier. Nothing new under the sun!

When one looks at T 2046/14, it is a prime example of how the attitude of an applicant can be detrimental to its interests by not being pro-active. In this case, it is no surprise that the patent has been revoked as the MR, AR 1 and 2, as well as AR 6-8 were all offending Art 123(2), reason for which the patent was revoked by the OD. AR 3-5 filed when entering appeal where not defended before the OD, and were filed without any substantiation as to why they would overcome the objections under Art 123(2). AR 9 was filed during OP when the decision had fallen that none of the preceding requests were not allowable and/or not admitted. AR 10-12, totally new requests, were filed when entering appeal and no reasons where given as to why they could overcome the objections. On top of it, they were divergent.

All those late filed requests were dealt with under the present RPBA, which already have enough bite.

As far as preliminary opinions are concerned, the vast majority of BA are already informing the parties about their opinion, but I doubt that they will ever become binding, or they will have to deal with all objections raised in the procedure.

Minutes of first instance are already playing an important role. For example the BA looks at them when an alleged procedural violation is brought in. In the absence of reaction of the party to the minutes, the substantial procedural violation is generally dismissed. But in any case, the BA cannot order an amendment to the minutes, and they have never done, for the simple reason they were not present.

However, this brings in a problem. The minutes of the OP before the first instance are not part of the decision as such, and hence not open to appeal. They are actually the property of the minute writer and of the countersigning officer. You may even request an OP for attempting to amend the minutes, but it is left to the discretion of the signatories of the minutes whether they want to amend them or not. As said the BA cannot force a change to the minutes. Looking at cases, most of the requests to amend minutes are not successful and the new rule will not change a lot.


An Office which controls the Boards of Appeal (like Battistelli does) is an instrument which totally lacks oversight. This is why Battistelli can keep looting the budget/coffers, grant lots of bogus monopolies (like a drunken maniac on a money-printing or patent-printing machine), hire friends and their family members, and nobody will say or do a thing to stop him, not even when helping himself to the cookie jar ('bonuses'). Those who attempt to say something can end up like Judge Corcoran or key staff like Els Hardon -- a cautionary couple of tales for sure. The EPO is dysfunctional beyond repair.

"Those who attempt to say something can end up like Judge Corcoran or key staff like Els Hardon -- a cautionary couple of tales for sure."The modus operandi at play here is a rather familiar one; we saw that not only in Novell. It is very common in financial institutions where a manager or a small bunch of managers take massive risks (at the company's or shareholders' expense), e.g. toxic, high-risk loans. They know it's a bubble that will inevitably implode, causing the business to collapse. But on this road to the collapse it seems like they bring about explosive quarter-to-quarter growth, so they give themselves many successive bonuses, probably stash these somewhere offshore and when the business goes bankrupt and all the staff gets laid off they just can't care less; nobody will go after their hidden money or demand back these bonuses. They become obscenely rich/ridiculously well-defended by expensive and well-connected law firms and probably never have to pursue a job anywhere anymore. Generally speaking, destruction of an organisation for self enrichment is a widely known phenomenon with many known examples of it. Just to be clear, the way it usually works is, a person does not intentionally strive for destruction but simply prioritises making oneself (and friends/spouse/other) rich, so if that priority/priorities necessitates destruction, then so be it. This is why accountability or impartial audit structures must exist. The EPO deprecated these under Battistelli.

Recent Techrights' Posts

In Techrights, Gemini and HTTP/HTML Are Very Different
Those were never equivalents or mirrors, those are two things that are inherently different and are maintained by different teams
"The War on Children" Explained by The Cyber Show
Consumer protection and the war on children
In statCounter, a Lot of "Unknown" Turns Out to be GNU/Linux
GNU/Linux has more than doubled
 
Sad State of Troll-Feeding British Media (Establishment Channels Promoting Total Idiots)
Breeding ignorance means people will assume they have a choice between two pieces of trash: "Nige" or a literal trash can
Links 27/07/2026: Sleepless Japan PM Takaichi Becomes Unpopular and Data Centre Magnate Confiscate Land Without Consent
Links for the day
A Few Hours Ago The Register MS Published an 'Article' With "AI" 32 Times in It, Including First Word in Headline and Summary. It Was Paid SPAM "Sponsored by Hammerspace".
The lost media is engaging in self-harm
Microsoft is Down
This relates in a timely fashion to what we published yesterday
Gemini Links 27/07/2026: Gemified Internet RFCs, “Junk DNA” Is Commented-Out Code, and More
Links for the day
The Techrights Gemini Capsule Was Never a Mirror
Techrights has long taken accessibility quite seriously
Americans Are Not Our Masters
If you are subjected to online abuse, don't give up
Daniel Pocock Campaigns Around "Safety of Children Online" and "Cybersecurity"
There seems to be a growing 'coalition' in the UK based around important issues which impact the entire planet
XBox the Console is Practically Finished (Unofficially), Even the Streaming ("Live") or DRM Service is Dead
XBox has never been closer to profitability
Many CEOs Are Just Glorified Scammers With Suits and Ties
Economies cannot function when few people abuse them for self-enrichment
After statCounter Figures Out Many "Unknowns" Were in Fact GNU/Linux the "Market Share" Estimate in China More Than Doubles
Japan is the same for similar reasons
peppe8o - a Site About Raspberry Pi, Arduino and Electronics - Has Turned Into a Slopfarm
We won't be linking to it anymore
Feeding 'the Children'
Maybe some time soon we'll do a fund-raiser to help feed the birds
Japan: GNU/Linux Crosses the 5% Threshold, Two Years Ago It Was Only 1%
Now it's at over 5%
We Need More Transparency
Our heads of state are very much aware of and concerned about SLAPPs and censorship
EPO Cocainegate and Current EPO/EU Series to Carry on for Months to Come
Another week has begun
When IBM "Managers Have to Mark 15% of Their Teams as Low Performers" a PIP Means Likely Layoffs (Disguised as a Performance Issue)
"IBM is a Law firm with an I/T department."
Links 27/07/2026: Chatbots Lead to Suicides, Social Control Media Intentionally Designed for Addiction
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 26, 2026
IRC logs for Sunday, July 26, 2026
Daniel Pocock in Mainstream Media Again
AFR wrote an article today. It is about Pocock and another contender.
Millions of Daily Requests
4.5+ million requests in 4 days
3,500 Active Gemini Capsules Soon
How much longer before 3,500+ active? A month?
Gemini Links 26/07/2026: European Eclipse, Writing About Writing, and Comments on Formatting Gopher Posts
Links for the day
Stigma of Being Laid Off by Microsoft
One might call this the "curse" of having worked for Microsoft
Silent Layoffs (PIPs) Have Allegedly Accelerated Since IBM's Stock Cratered
"IBM is Managing Decline, Not Building Growth"
Non-Techs Using Slop Run Fedora and It's Turning Out to be a Total Disaster
RIP, Fedora?
Gemini Links 26/07/2026: Beach Day, CAs, and Plaintext
Links for the day
Sweden Needs GNU/Linux and Free Software, Not GAFAM
home of IKEA and ABBA
Being Pro-Slop is Death Knell to One's Credibility
It's not hard to see Ubuntu users resisting and antagonising this
Maintenance Today
Preparing for more mass-publication activities
Links 26/07/2026: "Zelenskyy Says Russia Wants To Bring North Korean Troops Into Ukraine", Muslim Van Ramming Attack on Berlin Pride
Links for the day
Centrica fraud exposed: worse than Palestine Action 'terrorists' with cardboard placards
Reprinted with permission from Daniel Pocock
Links 26/07/2026: "Nate Silver Discovers the Educated Poor" and "India’s “Cockroach” Protest Movement Faces State Repression"
Links for the day
The Slop Bubble is Killing the Planet, Not Just the Economy
The chatbot/LLM speculation bubble not only causes a health crisis, a mental health epidemic, and climate change; it's also crashing the economy on several levels
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 25, 2026
IRC logs for Saturday, July 25, 2026
IBM Hammers a CoI Into a CoCed Fedora, RIP Fedora?
Also in the "Fedora is dead" dept. today
Gemini Links 25/07/2026: Zoo, MUD, Literature, EMF Camp, and e-ID
Links for the day
European Patent Office (EPO) Series: The Solution of No Choice: A Shortlist of One
deployment of the "shortlist of one" by Campinos
Wife of Dan Williams Has Explained Mental Factors Leading to His Death
"We need to be open and honest about mental health," his wife pleads
Several New Series Coming Soon
we'll publish 8 series in tandem, in parallel
Insolvency as the New Norm in the United States' Economy
this is vastly worse than then 2008 subprime mortgage crisis
IBM's CEO Might 'Retire' or 'Step Down' by Christmas
PIP the CEO
Misleading Articles About YouTube and Google Financial Performance
The future of Google is self-serving monopolisation and destruction of the Web
Microsoft Cannot Survive the Fall of Windows
It has amassed way too much debt
Links 25/07/2026: Hong Kong Squashing Criticism/Dissent, Mirror Caught Breaking Into Voicemail
Links for the day
PIPs Are Shrinking IBM and "IBM is Managing Decline, Not Building Growth"
IBM is going down the drain
IBM is Killing the Fedora Community, Replacing It With LLM Slop From IBM Staff
Krishna buys companies only to gut them. They've all learned this from experience.
Give Me Your "Dumbest" (Devices)
Why can't people accept that a "modern "smart" "phone" isn't necessary to check the time (overkill) and playing social control media "on the go" is far from necessary?
Earlier This Year Dan Williams Prepared for Scenario Where Linus Torvalds Dies
He had only just started a job at NVIDIA
Links 25/07/2026: Data Breaches Abundant and Attribution Imperiled in the Age of Slop Hype
Links for the day
Gemini Links 25/07/2026: Poetry and Plaintext Pages
Links for the day
What is Doctor of Philosophy (Ph.D.)
In many cases, the acronym became a misnomer
IBM PIPs Continue Until Morale Improves, Silent or Quiet Firings at IBM Explained
IBM is a dying company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 24, 2026
IRC logs for Friday, July 24, 2026