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

British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
 
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026