Bonum Certa Men Certa

If Battistelli Stayed and UPC Became a Reality, Patent Quality at the EPO Would Get a Lot Worse

Never mind a surge in litigation, often by entities outside Europe

Neoliberalism
For the uninitiated, this is what Battistelli does at the EPO



Summary: The vision that Team Battistelli has for the EPO is an ENA-inspired neoliberal and corporatist vision that would bring the legitimacy of the system down to zero and the European economy to the brink of collapse

THE DAYS OF THE EPO as a world leader are over. Battistelli demolished the Office and he can only rely on his mouthpieces to claim otherwise. He further misleads the public by presenting some numbers from inside the EPO (making claims about itself) -- dubious numbers as one might expect [1, 2, 3] -- and we're supposed to think that everything is fine. It's not. Everything is not fine and Battistelli may be fired next month, judging by his lack of progress on demands from his overseers.



"asically, the patents industry is protesting the changes made to address (tackle/eliminate) poor patent quality in the US."Nevertheless, pro-software patents sites would have us believe that the EPO, with its growing affinity for software patents, is a model of success -- all this while pro-software patents courts in the US latch onto EPO for the purpose of legitimaising software patents. "Constantly changing patent laws are taking a toll on American innovation," one shallow new pieces says, essentially bemoaning decisions like Alice (ended a lot of software patents in the US). Basically, the patents industry is protesting the changes made to address (tackle/eliminate) poor patent quality in the US. Nearly doubling the number of granted patents at the USPTO in a decade? Not enough! They want more! They make money out of it.

“Nice to see that the EPO has stooped to questioning the competence of European patent attorneys, in order to promote its courses...”
      --Anonymous
As longtime readers may know, our original concern about the EPO was patent scope, primarily the expansion to the domain of software patents. According to this new press release, TEVA's patent monopoly is about to be invalidated by the EPO, but it's not a software patent. To quote the announcement: "Jefferies analyst, Brian Abrahams, noted that EPO has released its prelim opinion that TEVA's broad patent claims are not supported by the priority application (are not novel) and TEVA's claims lack inventive step, a positive for Alder Biopharm (NASDAQ: ALDR)."

The sad thing is, if the UPC ever became a reality, the Boards of Appeal would possibly be made obsolete or redundant, making it even harder (or too expensive if not impractical) to challenge bogus patents -- those granted in error. As one comment recently put it:

I understand very well how the examiner's deal with unity - if the claim amendments mean they will have to do some more work, they will argue lack of unity. The applicant will either follow the examiner's line through lack of will to fight or will take it to appeal, whereupon the BoA will roundly criticize the examiner and allow the appeal.


A response said:

I think you mix up lack of unity and the introduction of unsearched subject matter. Having to search elsewhere may not be lacking unity but will refer to the second case.


Battistelli already crushes the independence of the boards (see what was done to that judge), so what future would there be to appeals and external challenges to EPO patents? The EPO is so arrogant and drunk on power. It even insults its stakeholders now.

Having noticed something that we too noticed beforehand, one commenter goes out of his/her way to say:

Nice to see that the EPO has stooped to questioning the competence of European patent attorneys, in order to promote its courses:

"Patent attorneys do not always understand how the EPO deals with non-unity. Discuss here: http://buzz.mw/b15ku_f #searchmatters"

https://twitter.com/EPOorg/status/730712544655097856

So is the idea that we qualified but nevertheless ignorant-of-the-law EPAs should rush to sign up and better ourselves?

I am sure that these courses are useful as continuing professional development, but this tweet certainly isn't a professional way to encourage attendance.


See what the EPO has become? It's totally out of control and one way to stop this is to stop the UPC and get rid of its #1 fan (who now visits nations that consider exiting the EU in order to push the UPC). That's Mr. Battistelli, who has promoted it for more than half a decade in spite of public disapproval (for nearly a whole decade now).

Recent Techrights' Posts

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026