Bonum Certa Men Certa

How to Salvage the EPO's Reputation: Create More Boards of Appeal in Europe and Abolish the Misguided UPC Fantasy

It is no secret that Battistelli resents the boards which he's increasingly afraid of

Software patents protest against EPO



Summary: A critical evaluation of what goes on at the European Patent Office (EPO), which is quickly descending down (and overall degrading) to the level of Chinese systems, along with the corruption, the abuses, and the low quality of patents

THE EPO (speaking collectively of the management, not examiners) is a liar and a propagandist. It uses 'creative' statistics to make it seem as though things are all rosy [1, 2, 3] and Web sites which prefer to believe anything that EPO marketers claim still repeat the talking points, albeit there's one element to it that can be counted more objectively, e.g.:



The number of inter partes oppositions decided increased by 17.6% to 3,713. In 31% of the decisions in opposition, the patent was maintained as granted. The percentage of patents revoked in opposition was also 31%. In the remaining 38% of the cases, the patent was maintained in amended form. The proportion of patents opposed was 4.4%.

The performance of the Boards of Appeal shows a steady state as regards the number of technical appeal cases decided. Some 2,387 technical appeals were received, of which 1,523 were opposition appeals and the remaining 864 were examination appeals.


What this generally tells us, in simpler terms, is that more than a thousand EPO patents were ruled invalid by the Boards of Appeal upon closer scrutiny. That's a lot and some of these applications (not granted) which the board looks at are software patents in disguise (the G3/08 referral dealt with software patents more than half a decade ago). There can be billions of dollars at stake (bogus patents) and those who typically benefit from it exploit pressure and urgency against examiners. The EPO needs more of these boards and less of those maximalists who flaunt bogus figures, wrongly insinuating that more patents is more "production" (as if the goal is to just grant more and more patents irrespective of their merit).

This very recent analysis from a patent lawyers' firm looked at IP5 Offices (the big patent offices) and stated: "The biggest difference in claims format between the IP5 offices is in the requirement for “one-part” versus “two-part” claims. The State Intellectual Property Office of the People's Republic of China (SIPO) is the only office that mandates “two-part” claims, while the European Patent Office (EPO) prefers a “two-part” claim form. A claim is considered to be in “two-part” form if it lists some elements, then contains the phrase “characterized in that” or “characterized by,” and then lists one or more further elements. The latter elements (or the “characterizing portion”) are considered to be the novel or inventive features of the claimed invention, while the former elements are deemed to be found in the prior art. A “one-part” claim, on the other hand, does not identify any features as belonging to the state of the art. “Two-part” claims are not required or encouraged by the other three IP5 offices. The EPO also encourages reference signs placed within parentheses in the claims. The reference signs relate to technical features identified in the drawings of the patent application. Under European Patent Convention (EPC) Rule 29(7), the reference signs are only used for increasing the intelligibility of the claims and are not construed as limiting the claims."

What we find amusing here is the similarity between the EPO and SIPO, which Battistelli evidently loves and emulates so much (including, apparently, human rights aspects of China). Just watch all those recent announcements and raves from Battistelli about SIPO (not the Croatian one from which Battistelli got his aggressive attack dog, Željko Topić). SIPO's patent quality (and language barriers) is probably a lot worse than even the USPTO, where patent quality became a farce quite some time ago.

Battistelli is gradually killing the EPO by harming its reputation and lowering the quality of patents (which used to justify the very high prices of patents and renewals). Battistelli, an ENA graduate, is seemingly convinced that a race to the bottom is what will help the Office. How wrong is he. Battistelli, moreover, keeps lobbying for the UPC (even earlier this month), which would possibly make all or some of the boards redundant. It guarantees a decline in patent quality.

UPC boosters like MIP continue to pretend that the UPC is almost here (forget it, this might die pretty soon, just like previous incarnations) and a UPC monetisation firm now says that Lithuania is prepared to shoot itself in the foot with this UPC ploy. Have EU corporatists threatened nations with sanctions again (unless they adopt the UPC)? To quote the UPC monetisation firm:

The Lithuanian government has submitted draft legislation to the Seimas (the unicameral parliament) to enable Lithuania to ratify the UPC Agreement and to form, with Sweden, Estonia and Latvia, a regional division of the UPC. The draft legislation, submitted on 9 March 2016, includes: Bill to ratify the UPC Agreement, Bill to ratify the Agreement on the establishment of a Nordic-Baltic regional division of the UPC, and Bill to amend the Patent Law. The bills currently show a date of entry into force of 1 July 2017.


What Europe needs more of is independent boards. Those are the boards which, just like US patent courts, are able to objectively assess patents without the incentive to grant (unlike patent offices). The UPC goes against all that by potentially abolishing the boards and increasing costs (litigation rather than appeal at a board level with European-wide implications for 'damage' calculations and injunctions).

Battistelli is still out of his mind and he needs to be stopped.

Recent Techrights' Posts

Microsoft Stock Crashed When Alleged Vista 11 Numbers Disclosed
And last summer Microsoft indicated that it had lost 400 million Windows users
It's Not About Speed, It's About the Message (or Its Depth)
Better to write news than to just link to news if there's commentary that the news may merit
Mobbing at the European Patent Office (EPO) - Part IV - EPO Can Get Away With Murders, Suicide Clusters, and Systematic and Prolonged Bullying by 'Team Campinos' ("Alicante Mafia" as Insiders Call It)
Nobody in the Council or the EU/EC/EP gives a damn as long as laws are broken to fabricate 'growth'
Jeff Bezos Isn't Just Killing the Washington Post, He's Killing Thousands of News Sites/Newsrooms (in Dozens of Languages) That Rely on It for Many Decades Already
Not just slopfarms; even the Ukraine-based reporters are culled by Bezos, who's looking to please the dictators of the world
Central Staff Committee Confronted António Campinos for Giving His Cocaine-Addicted Friend Over 100,000 Euros to Do Nothing, Just Pretend to be Ill, While Cutting the Salaries of Everybody Else
"On the agenda: Amicale framework & Financial assistance for courses"
How to Win Lawsuits in 5 Simple Steps
Keep issuing threats every week and send 60 kilograms of legal papers to the target
Living in Freedom When 'False Flag Operations' Like EFF Get Captured by Billionaires to Take Freedom Away
There are many ways to think of Software Freedom
 
Biggest "AI Companies" (Meta, Alphabet, Microsoft) Borrowed (Additional Debt) About $100,000,000,000 in a Year
Who will be held accountable for all this?
In Case You've Missed It (ICYMI), Google's Debt More Than Doubled in a Year
Wait till it "monetises" billions of GMail users with slop
In 2009 Microsoft Was Valued at ~150 Billion Dollars, Now They Tell Us Microsoft Lost ~1,000 Billion Dollars in Value. Does That Make Sense?
Or Microsoft lost 700 billion dollars in "value" in less than two weeks
PIPs and Silent Layoffs at IBM (and Red Hat) Still Going on, It's "Forever Layoffs" (to Skirt the WARN Act)
American workers out
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 06, 2026
IRC logs for Friday, February 06, 2026
Stressful Times for Team Campinos ("Alicante Mafia") at Europe's Second-Largest Institution
Keep pushing
Growing Discrimination in the European Patent Office (EPO)
it's a race to the bottom, basically
Converting FOSDEM Talk on Software Patents in Europe Into Formats That Work for "FOS" and Don't Have Software Patent Traps
transcoded version of the video
Google News Drowning in (or Actively Promoting) Slopfarms Again
LLM slop is a nuisance
Gemini Links 07/02/2026: "Choosing a License for Literary Work" and "Social Media Is Not Social Networking (Anymore)"
Links for the day
Gemini Links 06/02/2026: Git and Email Patches; MNT Pocket Reform
Links for the day
Geminispace Net Growth in 2026 About a Capsule a Day
A pace like this means net gain of ~300 per year, i.e. about the same as last year
Benjamin Henrion Warned About the Illegal and Unconstitutional Unified Patent Court (UPC) in FOSDEM 2026
Listen to Benjamin Henrion
Economies Crashing Not Because of Slop Improving 'Efficiency' (That's a False Excuse) and 'Expensive' (Read: Qualified) Workers Discarded in Race to the Bottom
Actual cocaine addicts are pushing out moral people
IBM's CEO Speaks of Layoffs, Resorts to Mythical (False) Excuses
This has nothing to do with slop
Links 06/02/2026: Voter Intimidation and Press Shutdowns in US, Web Traffic Warped by LLM Sludge
Links for the day
Does Linux Torvalds Regret Having Dinners With Bill 'Russian Girls' Gates?
See, the rules that govern the Linux Foundation and its big sponsors aren't the same rules that apply to all of us
IBM: Cheapening Code, Cheapening Staff, Cheapening Everything
IBM's management runs IBM like it's a local branch of McDonald's. IBM is a junk company with morbid innards.
GNU/Linux Measured at 6% in One of the World's Largest Nations
Democratic Republic Of The Congo
Linux Foundation Operative Says We and Our Software All "Owe an Enormous Debt of Gratitude" to a Software Patents Reinforcer
The only true solution is to entirely get rid of all software patents
More Than 99% of "AI" Companies Aren't AI, They're Pure BS
We need to discard those stupid debates about "AI" and reject media that gets paid to participate in such overt narrative control (manipulation like The Register MS)
AI Used to Save Lives, Now "AI" is a Grifting Scheme That Burns the Planet and Will Crash the Economy
What the media calls "AI" (it gets paid to call it that) is the same stuff that could instead be dubbed "algorithms"
Amutable is a Microsoft Siege Against Freedom in GNU/Linux, Just Like the People Who Brought You 'Secure Boot' Controlled by Microsoft
Do whatever is possible to avoid Amutable and its "products"
Growing Focus on Publication
Over the past ~10 days we always served more than a million Web hits per day
"Going to be a large number of Microsoft layoffs announced soon"
Everybody knows a giant wave of layoffs is coming Microsoft's way
End of the 'GPU Bubble' and NVIDIA Finally Admits It Won't Bail Out Microsoft OpenAI Anymore
circular financing (financial/accounting fraud)
Corrupt Media Won't Hold Accountable Rich People for Role in Pedophilia
Journalistic misconduct or malpractice is a real thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 05, 2026
IRC logs for Thursday, February 05, 2026
EPO Management ("Alicante Mafia") Not Properly Sharing Information on Scale of Strikes by EPO Staff
disproportionate (double) deductions in salaries against people who participate in strikes, which are protected by law
Gemini Links 06/02/2026: Slop/Microslop, Home Assistant, and Valid Ex Commands
Links for the day
Blackmail evidence: Debian social engineering exposed in ClueCon 2024 talk on politics
Reprinted with permission from Daniel Pocock
Bitcoin crash: opportunity or the end game?
Reprinted with permission from Daniel Pocock
Changes at the Solicitors Regulation Authority (SRA)
SRA is basically a waste of money
Claims That IBM Will Lay Off 20% (or 15%) of Its Workforce This Year Unless It Finds a Way to Push Them All Out by Threats, Shame, Guilt
Where are the articles about IBM layoffs?
IBM Isn't a Serious Company Anymore, It's a Ponzi Scheme Operated by a Clique and It Misuses Companies It Acquires to Prop Up or Legitimise the Scheme
IBM seems like it's nothing but a "Scheme"
Google News Drowning in Slop About "Linux" (Slopfarms Galore)
Google should know better than to link to any of these slopfarms, but today's Google is itself a pusher of slop
Links 05/02/2026: EU Commission Gutting Net Neutrality
Links for the day
Gemini Links 05/02/2026: NixOS Books and Monochrome Emojis
Links for the day
Links 05/02/2026: Canadian Government Uses US LLMs to Override Expert Opinions, NVIDIA Troubles Due to Enablement of Mass Plagiarism ('Piracy') Misleadingly Obscured as "Hey Hi"
Links for the day
Explaining the Letter From JUDGE SYKES FRIXOU, Threatening Me Around the Time GNOME's Nat Friedman Lost His CEO Job at Microsoft GitHub and His Best Friend Got Arrested for Strangulation
this letter (with annotation) is critical
Linuxiac Not Rehabilitated, It's Still Full of LLM Slop (Part of a Trend)
The Web as a resource/source of information is perishing
"Sponsored by Azul" to Write Fake 'Article' About Azul, Quoting Azul Itself
The "journalism" industry [sic] became so utterly corrupt
JuristGate is for sale: three billion Swiss francs for a domain name
Reprinted with permission from Daniel Pocock
Like Microsoft and IBM, the 'Alicante Mafia'-Governed EPO Does PIPs Nowadays (at the EPO, It's "Professional Incompetence Procedure")
So "PIPs" are definitely in the EPO and we saw letters sent to staff
Time for Change, More New Articles, Less Curation
The oligarchy wants to gut the real press and replace media with slop and social control media (or social control media with slop in it, i.e. their own voices, mechanised)
Gemini Links 05/02/2026: Coercion, Antibiotics, and LVDT Project
Links for the day
Almost 1,600 EPO Employees Went on Strike Last Week
There is another strike coming 2.5 weeks from now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 04, 2026
IRC logs for Wednesday, February 04, 2026