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

Changing One's Name Won't Change One's Past
People who have earned a bad reputation are not magically "entitled" to reset
People Who Assault Women Are Not Victims of "Distress"
It seems like an American tradition. In a country with almost 50 presidents, not even one was a female.
Adoption of Gemini Protocol Still Growing
Gemini Protocol is being obscured by the media - it doesn't help that Google 'hijacked' the word "Gemini" - but people still manage to find out about it, download a client, and use it
Brett Wilson LLP "Takes it Personal" (Character Assassination, Not Professionalism). Everybody Can See That.
On behalf of violent men
Pissing Contests and Pissing Off Everyone
people who came from Microsoft are trying to vex and divide the community
Microsoft Repeats the Mistakes Made by the EPO After We Exposed a Major Microsoft/EPO Scandal 10 Years Ago
That scandal was all over the media, not just in English
 
Microsoft Said the Mass Layoffs Were for "Investment" in "AI", But It's Also Laying Off the "AI" and "Copilot" Staff
Months ago we showed many so-called "AI" people were getting the boot and this time it's the same
DryDeadFish is Dead, Long Live DryDeadFish
We kept checking, hoping it can recover from some temporary technical issue
For Quite Some Time Already Microsoft Attracts Crackpots, Scams, and More
Occasionally we talk about the situation at IBM as there are many parallels
Links 14/07/2025: Chatbots Broken Again, McHire LLM Shows Limits of the Hype
Links for the day
Slashdot Media Turned Linux Journal Into a Slopfarm and Now Slashdot Actively Promotes Anti-Linux Slopfarms
Yes, "no-nonsense" apparently means actual nonsense
Links 14/07/2025: Arresting Photographers, Threats to Revoke US Citizenship Over Criticism
Links for the day
More EPO Leaks on the Way
We hope that Mr. Rowan will actually try to refute what we say and show, not merely point the finger at the messengers
Decommodification is a Corporate Strategy Against Communities
systemd is led by Microsoft and hosted by Microsoft
copyleft.org 'Hijacked' by the People Who Attack the Person Who Created Copyleft
So far there's nothing "tasteless" in copyleft.org, but that can change at any time in the future
Asking People to Take Down Articles and Videos Only Makes These More Popular and "Viral"
If you do something bad, one of the worst things you can possibly do it try to silence those who speak about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 13, 2025
IRC logs for Sunday, July 13, 2025
Two-Thirds Towards FSF Goal, Richard Stallman to Give Talks in Europe
There are 67 left before reaching the target
Gemini Links 14/07/2025: Politicised Tech and "Leaving GitHub"
Links for the day
The Demise of LLMs
We've just checked BetaNews again. They've dropped all the slop and went back to human authors.
Gemini Links 13/07/2025: Sonpo Museum of Art and FCEUX
Links for the day
Links 13/07/2025: UnitedHealth's Censorship Campaign, Australia Wary of China
Links for the day
Firing Away With Nonsense
Or fighting fire with fire
Links 13/07/2025: Climate Crisis, GAFAM Poisoning the Water
Links for the day
Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025
Plunder at the Second-Largest Institution in Europe
cuts, neglect, health problems, even early deaths
Links 12/07/2025: Political Developments, Attack on Opposition, Climate Actions
Links for the day
Gemini Links 12/07/2025: Melodic Musings and Small Web July
Links for the day
Links 12/07/2025: Jail in China for Homoerotica, South Korea Discriminates Against Old Workers
Links for the day
If Only Everything Was Rewritten in Rust, We'd Have No More Security Issues?
Nope.
Links 12/07/2025: Birdwatching and Fake/Misleading Wall Street 'Valuation' Figures
Links for the day
Gemini Links 12/07/2025: How to Avoid Writing, Apps for Android
Links for the day
Using SLAPPs to Cover Up Sexual Abuse and Strangulation
The exact same legal team of the Serial Strangler from Microsoft and Garrett already has a history fighting against "metoo"
EPO Staff Committee on Harassment in the Workplace
slides
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025