Bonum Certa Men Certa

Decline of Patent Quality at the EPO to Further Exacerbate With Latest Crackdown on Appeal Boards

Highest quality is lowest cost
Reference: Highest quality is lowest cost



Summary: Rather than emphasise and maintain quality control at the European Patent Office, the Battistellites seek to maximise the number of granted patents and rely on false claims

THE PATENT quality (not so-called 'production') at the EPO used to be the pride of Europe. Growing up in Europe, many people learned about famous European patent examiners such as Albert Einstein (pre-EPO era). Some of the strongest companies worked hard and paid a lot of money in an effort to be granted European patents (EPs), which were quite reputable around the world. Some of the brightest scientists examined applications in tandem/parallel and determined whether or not an innovation or claimed invention was indeed novel and would have courts agree upon challenge (high certainty of eligibility, quality, and novelty). These are the "good ol' days" of the EPO.

"Some of the strongest companies worked hard and paid a lot of money in an effort to be granted European patents (EPs), which were quite reputable around the world."Based on this evening's (GMT) press release, errors in examination continue to be found. An alternative headline for the "news release" [sic] would be: "EPO erroneously granted a patent again. Reinforcing claims of decline in examination quality."

Not too long ago somebody sent us an insider's account regarding patent "production", ECfS (Early Certainty from Search), Priority 1 (in the queue), the so-called "Paris criteria" and more. It helps confirm what we have been writing here for months if not years, namely that there is a massive decline in patent quality the and this gets more irreversible the longer Battistelli stays. To quote:

Once upon a time, EPO examiners were largely free to organize their own work. It was clear that EPC and PCT time limits were to be observed and that replies should not be laying waiting for years, but otherwise things were left to the good judgment of the examiner. That has changed dramatically. Now each examiner has an electronic cupboard in which files are arranged following some obscure algorithm and deviation from the strict order foreseen is considered a crime to be punished with a bad note for quality. Last year the priorities were apparently mainly set according to the “Early Certainty from Search” program. Apparently this year reaching the “Paris criteria” has been added as a new objective. There are further constraints on the examiner and some of those may clash. There is e.g. the total number of “products” to be achieved in a year and the ratio of searches and examinations to be maintained – all this in a situation that is not necessarily under the examiner’s control. In technical areas with a low search backlog maintaining the “ideal” search / examination ratio may not be possible, and total production is equally likely to suffer.


Last night we showed that Team Battistelli (the HR wing) lies about recruitment. It is making up for lack of quality (of examination) by throwing more unqualified or inexperienced examiners at the task, paying them less and offering them fewer incentives to do a good job. "Workforce planning," as an insider put it, seems to involve "lowering recruitment standards" and "5-year contracts for examiners have also been considered, to be renewed only once" (damaging to work security and experience).

According to the following, "face-to-face technical interviews done by DG1 have recently been replaced by Skype interviews" (here again EPO administration sucks up to Microsoft with spyware endorsement). To quote the broader version of this insider account:

In a recent DG1 internal message, PD11 has asked staff to help the Office recruit more examiners in order to create the over-capacity in DG1 needed to work off the backlog and to meet the Paris criteria for search and examination. The question arises as to how the capacity will be brought back to normal once the backlog has melted. We suspect that the preferred option will be through “incentivised” retirement of senior examiners considered too expensive - incentivised through pressure and threat. The other option will be dismissal for professional incompetence. To facilitate the process of firing unwanted staff, the Office has submitted a document to the GCC that would take dismissals for professional incompetence out of the hands of the disciplinary committee and make it a “managerial decision” by the President after receipt of a majority opinion delivered by a newly-created “Joint Committee”. That cuts two ways: the procedure will become easier and quicker, and the time needed to challenge the decision will double because decisions taken after a disciplinary procedure can be (almost) directly taken to ILO-AT whereas managerial decisions need to go through the Internal Appeals Committee first. Under the circumstances probably not many of our colleagues will be convinced to recruit their friends to the Office. The apparent solution: lowering recruitment standards. The face-to-face technical interviews done by DG1 have recently been replaced by Skype interviews. Only the “psychological” interviews, done by the HR department, are still held in the Office. Apparently DG4 (HR) and not DG1 ultimately decides who will be hired or who will not. This clearly shows the Office’s new priorities, and who is the boss here. 5-year contracts for examiners have also been considered, to be renewed only once. After protests from DG1, DG4 backed off from that plan, but the recent staff changes now list all entrant examiners since 1 May 2016 as “contract staff”. Furthermore, the question remains whether a recruitment process that pays more attention to the psychological – generalist - profile considered desirable by HR than to the technical skills required in DG1 will allow the EPO to maintain the high level of quality that made the Organisation a success.



The ENA mentality of Battistelli would ruin the Office and leave it in an irreparable state. Paying millions of Euros to PR agencies, media companies and silly lobbying events will get harder when applicants become unwilling to pay for low-quality patents. At the same time, Battistelli is biasing if not destroying the appeals process in the name of so-called 'production' (measured using a misguided and wrong yardstick which assumes more patents would mean "better", linearly). Hours ago someone left the following comment about Battistelli's plan to send appeal judges to 'exile' (the EPO lied about it under the banner of "news"). "In summary," says this person, "I still think that this is bad reform that in many respects decreases the independence of the Boards."

Here is the full comment:

I referred to the amendments made during the last AC meeting, which, as I understand are those highlighted CA/43/16 Rev.1.

You refer to two points: the drafting of the Rules of Procedure and the involvement of the users in the BOAC.

The first point is dealt with in the new Rule 12c EPC, which, contrary to what you say, does not seem to have been amended at all during the Council.

In respect of your view that the Rules of Procedure would be drafted within the Boards, as present, it seems to be based on a superficial reading of the text.

Old Rule 12(3) EPC said that “The Presidium shall adopt the Rules of Procedure of the Boards…”. The new Rule 12c says “On a proposal from the President of the Boards of Appeal and after the President of the European Patent Office has been given the opportunity to comment, the Committee set up under paragraph 1 (BOAC) shall adopt the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal. “ Thus you see that the President of the Boards can only make a proposal but the adoption, i.e. the formulation of the final text, has been moved from the Boards to the BOAC after giving the President of the Office (which was previously not involved at all) the opportunity to comment. That is clearly a step in the direction of less independence.

In respect of the involvement of the users, it is true that the proposal has been amended to say that the BOAC “carry out, where necessary, user consultations on matters of direct concern to users, such as proposals to amend the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal. “ But given how the opinions voiced by the users in the last consultation have not been into account, that is what I call a cosmetic amendment.

In summary I still think that this is bad reform that in many respects decreases the independence of the Boards. The fact that even worse reforms could and have been proposed is not a good reason for passing a bad reform. The members of the Council were right when they initially rejected it and I wonder on the basis of which deal struck behind closed doors they finally accepted it.


Patent offices live or die (or set their prices) based on demand and based on quality of examination. Unless ENA doctrine is elbowed out of the EPO, prices will have to drop (to maintain a level demand), just like recruitment standards fell, in a desperate effort to fill up the vacuum amid EPO brain drain.

Another fearsome outcome of all this -- one which more directly impacts everyone in Europe -- is that many low-quality patents would be granted, which would then pass all the costs to externalities like the European public, compelling small businesses which cannot afford going to court to just pay patent aggressors who fooled/tricked inexperienced EPO examiners (those recruited by the likes of Bergot) and faced no opposition from Battistelli-fearing (and understaffed) appeal boards whose cost virtually quadrupled so as to discourage appeals.

Recent Techrights' Posts

IBM Starts 2026 a Much Smaller Company (Not Homage to Gerstner)
People who get bluewashed out of their job (or bluewashed into unemployment) are gagged by NDAs
Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
 
Links 31/12/2025: Cheeto Pushing for More Wars, ‘Security is a Shared Responsibility’
Links for the day
Enshittification of Postal Services Isn't Technological Advancement
Societies that say the aim is to "go digital" and eliminate paper trail aren't advanced; they're moving backwards
XBox is Likely Dead Already, But the Threat It Posed to Us All for Two Decades Isn't Over
"the Xbox was never about gaming and merely served as a test bed for DRM in commodity systems."
Ahead of 2026 Mass Layoffs at Microsoft the Tree Gets Shaken to See Who 'Falls' (Resigns/Retires)
"We had a quiet meeting last week about budget realignment. No one said layoffs, but it’s clear where the focus is shifting."
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day