Bonum Certa Men Certa

Patent Quality in Europe (EPO) Declining Under Battistelli in Spite of the USPTO's Cautionary Tale

Defeating the whole point or purpose of a patent (examination) system

Battistellius



Summary: A glance at some of the latest news and developments at the European Patent Office and what the US system serves to teach about the long-term effects

THE world's patent systems have become a primary point of focus here. It's not at all limited to the EPO and it never was.



SUEPO has not updated its public Web site in nearly a month (which is rather rare an infrequency), since around the time it had a hearing at The Hague. in Twitter, the EPO's PR folks promote the EPO's event in the US, next year's lobbying event, and various courses, empty forums, etc. Basically nothing new. The media too is mostly silent and we are still working our way through ILO rulings, having recently explained how actions by Team Battistelli undermined the European Patent Convention (EPC). There are dozens of rulings to go through, so this may take some time (these cases are years old anyway, with only the outcomes/rulings being new).

"Will appeals even exist at the EPO under or after Battistelli?"After years of UPC promotion the editor of IAM, the EPO's mouthpiece, says that there is growing interest in Brexit's impact. The UPC is a colossal threat to patent quality and a potential open door to patent trolls from abroad.

Quality control at the EPO is dying (Battistelli ended it using his utterly misguided policies) and judging by this new announcement [1, 2], it seems improbable that improper patent grants will be revoked fast enough or easily enough. Will appeals even exist at the EPO under or after Battistelli? The appeal boards are understaffed, they will soon be overpriced, and appeal windows will be narrowed (shortened time for appeals). It is already happening (effective a month ago, possibly to exacerbate in the near future).

Chloe Grover, writing in a sponsored "REPORT" (i.e. marketing) from a British law firm, Carpmaels & Ransford LLP, speaks about "designations of European patents where validity is also challenged". Nowadays, as we pointed out before, it is harder to challenge validity because Battistelli does not wish for the weakness of examination to become apparent.

"The appeal boards are understaffed, they will soon be overpriced, and appeal windows will be narrowed (shortened time for appeals)."Europe is in growing need of a fix. There is a growing danger that low-quality patents will make it through to the point of attracting patent trolls (manifestation or fermentation of them). In the USPTO, as a cautionary tale, patent mazes/thickets and uncertainties accomplished what they’re supposedly there for: protectionism without studying the broader impact (facts-based cost analysis). But they also created a growing niche for patent trolls, to the point where nearly 90% of lawsuits there (in the technology sector) are filed by patent trolls, almost always with software patents. This means little of no progress in high-tech industry, as noted by Professor James Bessen the other day. One person says that it's "because poor legalities like Patent Trolling [that can] destroy start up businesses" (this person is adamantly against software patents).

Even a new article by Professor Dennis Crouch complains about the USPTO this week. People are clearly not happy with the way things are run over there (the US) and Battistelli is rapidly emulating or copying all the mistakes made there. He brings neoliberalism to Europe, or patent liberalism in the quality sense (if in doubt, or under pressure of time/quota, grant liberally).

Recent Techrights' Posts

Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
 
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025
Links 14/05/2025: Fentanylware (TikTok) Harms Kids, Russia Refuses to Defuse
Links for the day
Gemini Links 15/05/2025: Poseur Nerds and Mennonites
Links for the day
VS Code Is Not FOSS, And Neither Is the Site "It's FOSS"
VS Code is proprietary spyware of Microsoft, yet this site keeps promoting it like it's FOSS
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025