Bonum Certa Men Certa

Under Battistelli's Regime the European Patent Office is Rapidly Rotting

...And by trying to hide it from sight, the circle of Battistelli only makes things a lot worse

Dead tree



Summary: Technical problems, patent maximalism (in a desperate effort to artificially elevate patent-related figures) and other serious issues observed inside the European Patent Office (EPO)

AS of this morning, says the EPO's PR team, Team Battistelli welcomes another Frenchman to a top EPO position, reinforcing an observation or a trend of entyrism/coup d'état in slow motion*. It's one among many EPO problems. "The Chief Economist unit of the EPO," says this announcement, "was set up to provide economic insights into issues relating to patents, innovation and economic growth. It aims to contribute high-level expertise and analysis to public and expert forums and to foster well-informed debate. Its studies on the economic and societal aspects of patents in Europe have been commended as providing important evidence to the public."

This is hogwash. The economic value of an overly permissive patent system (which the EPO rapidly became) is negative. Some people who leave anonymous comments definitely notice the decline of quality at the EPO and this morning one person wrote:

Just took a peek at the UK file to see what happened in this case. Notes state:

"04 February 2015 Application for amendment under Section 75 before the court filed on 25 September 2008 (HC07 C01905) 04 February 2015 Entry of 04 February 2015 entered in error."

Appear the UKIPO want to be more like the EPO, making errors.


Battistelli does not even recognise such problems, including grants of invalid European patents (EP), including software patents in Europe.

With brain drain being reported to us (we covered this before on numerous occasions), a lot of things are rotting at the EPO these days, not just EPO buildings (a subject we shall leave for another day). Based on the initial tweet of the PR team (full context in [1, 2, 3]), the EPO did not even know Espacenet had been down until clients complained and a response was sent this morning. Technical incompetence such as this motivates some applicants to even consider suing the EPO, as we showed over the weekend.

Just before the weekend the EPO published an article only in German (about Mr. Fischer, who is German), "peddling patents-as-a-metric," as one of our readers put it, citing this propagandistic article as an example. The number of patents does not say much. See how the USPTO doubled the number of granted patents in just a few years. Edison, a bogus legend, wasn't an innovator but a businessman, an aggressor, and some say a patent troll (we covered this several times in the past). Patent offices are making a myth out of him, like Columbus (who didn't discover anything, he merely invaded places that were already occupied by people, making him a raider).

Over at IP Kat, where many commenters are examiners and patent lawyers, there was this interesting discussion about patents as a tax. It started with this comment:

Remember that patents are a type of tax. The member states ceded this sovereign tax-raising power to the EPO on condition that the EPO render a share of the tax revenue back to them. The fact that the EPO is the first supranational tax-raising organ in Europe has largely escaped public attention so far. However, if the current bunch of misfits continues to drive the EPO into ignominy, it will only be a matter of time before the media (not least in the UK) wakes up to the fact that part of our sovereign authority is now under the control of an expensive, self-interested organisation managed by a nepotistic cabal under a despotic Enarque. The political fallout from such public scrutiny could be significant. And if it does come to this, then the Administrative Council will disown Battistelli and his cronies pretty smartly.


Here is a response to it:

Thinking about the statement "Remember that patents are a type of tax."

I am reminded of how easy it is to twist a meme.

In this "tax" meme, who, exactly is being taxed?

Those with "anti-patent" feelings will try to twist the meme into an answer to this question being society itself - but that is just NOT the case, as the actual answer is that those being taxed are the innovators who chose to use the (optional) patent system.

There is no tax on society, given the premise that a patent right is given as quid for a certain quo.

Sorry for the interlude - now back to the "grift" of EPO leadership.


And finally there's this:

Society at large is indeed highly concerned by the patent costs and the way patent fees are distributed to member states. Albeit patent fees are paid directly by patent owners, it seems a bit naive to think they are not reflected in the products sold on the market: whenever we buy a smartphone or a car, a portion of the money we pay for it covers patent costs. Society thus undoubtedly pays for patents, and its contribution actually amounts to a hidden consumer tax, which socially is far less just than an income tax.


It is nice to see that not everyone falls into the EPO's self-deluding myth that economic value comes from patents irrespective of their scope. The EPO now operates like a corporation just trying to maximise everything (for short-term gains) and leaving the European public to deal with the externalities. ______ * Coup d'état is a French term. Very apt given the situation at the EPO these days.

Recent Techrights' Posts

Links 09/05/2026: "Grand Theft Oil Futures" and Mass Layoffs at Verizon
Links for the day
Social Control Media and GAFAM as National Security Threats (Domestically and More So Abroad)
"Algorithms control messages, swayed 2024 presidential election"
 
Google is "Bullshit"
Fix your slop, Google. It's broken.
SLAPP Censorship - Part 71 Out of 200: 5RB Barristers Made Tens of Thousands of Pounds by Changing From Plural to Singular for Microsoft's Graveley and Garrett
Could not even get the client's name right
Gemini Links 09/05/2026: Inkscape "Copy Text Style" and NomadNet
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XVII - European Patent Office (EPO) Management Not Sharing Responsibility for Financial Resources
For those who wonder, EPO strikes are still going on
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 08, 2026
IRC logs for Friday, May 08, 2026
Gemini Links 08/05/2026: Slop Falsely Marketed to Greedy Administrators and New Official Maintainer of Antenna Confirmed
Links for the day
Links 08/05/2026: French Prosecutors Seek Charges Against MElon, Europe Wants Young People Without Skinnerboxes (Smartphones)
Links for the day
2,000-4,000 More Layoffs Expected at IBM's Kyndryl, Some Say Over 10,000 Layoffs
They use euphemisms like "restructuring" or "rebalancing"
Gemini Links 08/05/2026: Dissociated Pride and Prejudice, Smallnet Protocols Roundup
Links for the day
Links 08/05/2026: Slop Profiteer NVIDIA (and Circular Financing/Accounting Fraud Leader) May Be Liable for Mass Copyright Infringement, Kyndryl (IBM) Layoffs
Links for the day
Outgoing OSI Chief Was Paid by Microsoft to Advocate for GPL Violations (Using the OSI's Name). Now, Inside OIN, He Says GPL Violations Are 'Freedom'.
It seems like only compromised people can be "allowed" to run today's OSI
SLAPP Censorship - Part 70 Out of 200: Microsoft's Graveley Injunction Request 100% the Same as Garrett's (Pure 'Copy-paste', Not Even a Word or Single Character Changed!)
Not so funny at all
Over 97% of the 'Linux' Foundation's Budget Goes Not to Linux
There is a term for this: mission creep
Cloudflare is a Giant Pile of Debt, Now There Are Mass Layoffs and Media Coverage About This is Churnalism, Sometimes by Slopfarms (False Excuses)
If Cloudflare goes under, it'll be great news
NDAs as a Price Tag on Criticism (or Honest Expressions of Opinion)
What ever happened to accountability? Suppressed by reverse bribes (via NDAs)?
Internal Microsoft Communications Confirm: "Buyout" Offer Worse Than a Year's Salary and Microsoft Offers "Retirement" to Young People Who Cannot Retire
Does that sound like a good offer or marching orders?
It's Not a GAFAM World Anymore and There Are Far More Operating Systems Than Google's, Apple's, and Microsoft's
we're not getting the full picture of what's happening
Site Overhauls at Cybershow and at analognowhere.com (Less is More!)
They seem to be replacing the heavy PHP backend with static HTML pages
Microsoft's XBox is Going Away Like Microsoft's Skype (Slowly But Surely, Then All at Once)
XBox is dying rapidly
Codecs and Software Patents - Part IV - Things Got So Bad That Some Laptop Sales Got Banned in the EU (Over Software Patents!)
If software patents lead to such severe outcomes, shouldn't the media pay closer attention to the problem?
The Corrupt Lecture the Non-Corrupt - Part XVI - EPO Had Data Breaches, Covered Them Up, Now Lectures Staff That Didn't Do It and Didn't Cover It Up
Imagine what would happen to staff if (non-anonymously) blowing the whistle on management leaking and then covering up EPO data breaches
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 07, 2026
IRC logs for Thursday, May 07, 2026
Mass Layoffs at IBM's Kyndryl, Slop Won't Save Kyndryl
Kyndryl is a "done deal". It's done. It's finished.
Kyndryl Holdings Inc Falls Almost 15% in 2 Days, What Does That Tell Us About IBM?
The "Big Blue" 'shell game' isn't working
Companies That Say They Are "Hey Hi" (AI) Leaders Don't Really Do Well, They Have Mass Layoffs Because Hype and Storytelling Won't Live Up to Shareholders' Expectations
Microsoft's investment in slop is not going well
Gemini Links 07/05/2026: Unicode and "RSS 4 Noobs (Getting Started)"
Links for the day
During IBM's Annual Event/Bash IBM's Stock Fell to (Almost) Lowest Level in a Year, Insiders Explain "IBM is on the Brink of Collapse."
Anthropic - like IBM - pays the media for puff pieces, exaggerations, and obvious vapourware
Servers Became "Cloud", VR Became "Metaverse", Now Bots Become "Agents" (of Slop)
Changing the name of things won't prevent rejection, only delay the negative reaction some more
Links 07/05/2026: "The ‘Perfect Storm’ Hanging Over Britain’s Public Debt" and "Internet Shutdowns Spread in Africa"
Links for the day
OSI Partners With Microsoft to Help Pretend Proprietary (GitHub) 'Celebrates' Open Source
And a Microsoft operative announced this as well
Links 07/05/2026: "Most Vibe-coded (Slop) Tools Are Not for You" and "Prepare for the PCB Shortage"
Links for the day
SLAPP Censorship - Part 69 Out of 200: Microsoft's Graveley Strangles, Gets Arrested, Charged, Then Asks for Apology From Those Who Reported It by Recycling Garrett's Plea for Apology
Garrett realised that his "funny" lawsuit wasn't so funny anymore
Codecs and Software Patents - Part III - AOMedia Video 1 (AV1) and Antitrust Issues
As we'll show in later parts, this already results in bans of some hardware sales in Europe
The Corrupt Lecture the Non-Corrupt - Part XV - Talking About Responsibility and Accountability While Failing to Hold Themselves Accountable
what outlet is there for justice or for the Rule of Law?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 06, 2026
IRC logs for Wednesday, May 06, 2026
Gemini Links 07/05/2026: Dissociated Jekyll And Hyde, New Antenna 2.0.0
Links for the day