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

You Know Microsoft's "Value" is 100% Fictional When in One Single "Trading" Day in Wall Street It Loses THREE TIMES More in "Value" Than It Was 'Worth' in 2009
Microsoft does not behave like a company riding trillions but like a company that struggles with payroll
Better Outcomes When Facing the Discomfort of Conflict
Don't take the easy way out when the "hard way" is the right way and it can result in positive revelations
Leaving the United States 3 Years Ago Was the Best Decision We Made
A lot of stuff is being consolidated
BillBC (BBC) Covered Up Pedophilia, Now It's Covering Up for Its Sponsor Bill Gates by Reprinting His Lies, Which His Own Wife Disputes
Is Bill Gates having orgies (group sex)?
 
Links 04/02/2026: Extreme Malice in Microsoft's Visual Studio Code on GNU/Linux, More Hey Hi (AI) Chaos
Links for the day
Sexism & GNOME: shaming men, hiding women, Sonny Piers update
Reprinted with permission from Daniel Pocock
Gemini Links 04/02/2026: Humanity and Animality, systemd (Controlled by Amutable, a Proxy of Microsoft) Moves on to "Extinguish" Phase
Links for the day
Certificate Authority Let's Encrypt Used to be Widely Used in Geminispace, Now It's Down to Just 0.2% of the Whole
Let's Encrypt is not your friend
What IBM Does Is Clearly Illegal in the US: Tying Severance Packages to NDAs (Non-Disparagement Agreement/Clause)
The NDAs make things worse; they keep people isolated and silent
Microsoft's Giant Snowball of Layoffs and PIPs (in 2026)
They would delay until March or April if they wanted to, but then we can expect numbers exceeding 10,000 layoffs (Microsoft always low-balls the real figure/s)
Mozilla Turned Firefox Into Shovelware, Adding 'Kill Switch' for Slop Still Means Mozilla is Participating in a Pyramid Scheme, Plagiarism, Grifting
Mozilla is still a slop pusher
Links 04/02/2026: "Laws of Succession" and Microsoft's VS Code as Code-Stealing Malware
Links for the day
Phoronix Swims With the Real Trolls, People Who Fancy Proprietary Software and Back Doors
If Larabel begins to actively participate in provocation with the "Microsoft GitHub fans club", what does this tell us about Phoronix?
They Know Microsoft Layoffs Are About to Hit Them Hard
The gaming division at Microsoft is a complete catastrophe, lots of money (debt) down the drain [...] Buying Activision was all about misleading shareholders or hiding the deep trouble/problems XBox was having
Red Hat is Not a Linux Company, It's IBM's Ponzi Scheme Enabler
Had we still been stuck in 2021, perhaps IBM would plaster "NFT" or "metaverse" all over RedHat.com
Keep Grinding
"Don't let the bastards grind you down"
Mobbing at the European Patent Office (EPO) - Part III - Who's Going to Pay for the EPO's Corruption? (Aside From European Citizens)
Some people inside the EPO reached out to us
"Investors Are Concerned About an AI Bubble" (That GAFAM and IBM Ride)
A few decades from now IBM will only be remembered in the same sense many so-called 'AI' companies will be remembered
EPO Staff Union: "Very High Strike Participation on Friday 30 January", Another Strike Starts 19 Days From Now
EPO management in a bit of a panic
Censorship/Free Speech and Social Control Media
It's important to have a grasp of how contemporary censorship works and how to tackle it
Google News as Slop Booster
this is what Google links to
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 03, 2026
IRC logs for Tuesday, February 03, 2026
Gemini Links 04/02/2026: "Raspberry Pi Relaxes the Rules for Its RP2040 Hacking Challenge" and "Long Web Society"
Links for the day
IBM Falls by Over 10%
a recipe for disasters like accounting fraud
Links 03/02/2026: Windows Copies GNU/Linux, Windows TCO Shown Again
Links for the day
Gemini Links 03/02/2026: Alhena Turns One, Slop Rejected, and Max Roy Carrouges Recalled
Links for the day
How to Identify Demonisation or Dehumanisation Tactics Against Interesting Figures or Luminaries in Free Software
Rather than in general or generally in technology
We Should Learn From Bulgaria
Why can't European companies and government recognise and react to a threat (when they see one)?
Dr. Andy Farnell on Why and How European Authorities Can Adopt Free Software, Parenting in the Age of Digital Abundance
Will Europe use technology that Europe controls (not the hegemon), for a change?
Canonical: Ubuntu is GAFAM (US), We're Resellers of American Proprietary Software
They want people to pay for a licence
Seems Like IBM Trolls Use Chatbots to Vandalise Platform That Discusses IBM's Secret Layoffs, Forever Layoffs
Not for the first time either
You Know Your Company is Dead or Basically a Pyramid Scheme When Jim Cramer Keeps Promoting Its Stock
How much does IBM pay for "puff pieces" or "fluff" about QC?
Red Hat (Under IBM) Works for Microsoft (Proprietary Software) and Slop
Yesterday Red Hat's official site, redhat.com, published exactly 5 new blog posts
IBM is Dying (More Layoffs), Red Hat Will Continue to Suffer From the Acquisition
Financial engineering
Colombia Adopting GNU/Linux Even Faster (at Microsoft's and Apple's Expense)
Do politics play any role in this?
An Effort to Tackle Slavery in 'Open Source' Clothing
"a civil rights lawsuit to examine the concerns of censored developers in the free, open source software ecosystem"
$15 billion lawsuit: Ubuntu, Google & Debian crowdfunding campaign launch
Reprinted with permission from Daniel Pocock
The Solicitors Regulation Authority (SRA) Delusion - Part II - Why We Need to Expose the SRA to More Daylight, Public Scrutiny
SRA is neither effective nor regulated
Links 03/02/2026: "Distraction is a Sin" and Fake "Encryption" (Surveillance With Good Marketing)
Links for the day
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Corporate Influence Never Impacted Us
There's no reason to assume we'll ever "sell out"
Growth of GNU/Linux in Cuba
Right now a lot of the world drafts or already implements a GAFAM exit plan
A Day After EPO Strikes an Escalation to Heads of Delegations to the Administrative Council
They rely on the European media playing along, helping them to hide major blunders, even crimes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 02, 2026
IRC logs for Monday, February 02, 2026
Gemini Links 03/02/2026: Stargazing, Development Boards, and Tcl/Tk Slop
Links for the day
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026