Bonum Certa Men Certa

The Cost/Toll of the 'New' EPO and Where All That Money Goes or Comes From

Staff of the European Patent Office (EPO) has essentially become 'collateral'

A clawback
Reference: Clawback



Summary: The European Patent Office has become a servant of the rich and powerful (including large foreign corporations) and even its own employees now pay the price associated with misguided new policies (or 'reforms' as Battistelli habitually refers to these)

THE race to the bottom at the USPTO famously resulted in a rather defunct system -- a problem officially (if not belatedly) recognised by GAO. It is now famous for patent trolls and the systematic crushing of startups (euphemistically associated with innovation). The status quo may be reasonably OK and generally acceptable for large corporations with a dedicated legal department. It's also perfectly fine for patent law firms because when more patents get granted and there is more litigation, more money will inevitably flow their way. They are, in essence, the tax in the system or those who pocket the majority of the damages (or collateral damage).

"The status quo may be reasonably OK and generally acceptable for large corporations with a dedicated legal department."The EPO under Battistelli is marching down the same path. It wants us to believe that the more patents, the merrier (or the more innovation). In practice, rich countries like Switzerland can better pursue (or afford to pursue) more patent applications. The system is more accessible to them because its costs are less prohibitive compared to east Europe (where the per-person salary/capital is vastly lower). Sweden is another example of this and The Local plays along in this marketing plot/ploy. What are the writers thinking and why are they doing this? The EPO did it with them a few months back, repeatedly even (when the so-called 'results' came out). Now they are claiming that Swedish people are "stronger [for] score in patent families [and] drives its upward movement."

"patents != innovation," told us a Scandinavian reader. It's the person who sent this to us. Why are we still seeing these myths spread so widely? And why are we supposed to totally ignore intentionally hidden correlations like cause and effect (in reverse), which suggest perpetuation of monopolies and domination by means of services that are priced out of reach (to most)? That's a rather broad discussion we covered here many times in the past.

"In return for this 'service', much compensation/pension money is promised (not offered) and guess who foots the bill."In reality, the EPO currently discriminates against smaller member states and increasingly favours large corporations from other nations/continents. In return for this 'service', much compensation/pension money is promised (not offered) and guess who foots the bill. As the comment below put it: "The member states have agreed to foot the bill for the pensions. But this is on paper, and for pensioners the only addressee is the EPO. If the EPO unilaterally lowers the pensions, what is the recourse: at the end the ILO AT. In other words a dead end. If the EPO claims it has no money, it cannot be condemned to print it."

As we stated before, there is apparent clawback already. Here is the comment in its entirety -- a comment which was posted in relation to a long discussion about the promise of benefits to EPO staff (past, present and future):



One should not become paranoiac and think that money could go some political party in France. This is going too far.

It is however not the first time that the shear value of the RFPSS has given some appetite to the AC. In drawing out money out of the fund, the procedural fees could be kept constant for quite a while, if not lowered drastically. Then, with more crap patents granted as suggested in Berlin, more annual fees would come in. Who would be the beneficiaries? The member states, especially those with a lot of patents validated. The only unknown, but not one to be neglected is that the attitude of the users. I doubt they need a European patent, unitary or not, which is of the same level of the US one.

On the other hand, if the fund is constantly under performing, then it might not be worth keeping it. And we are back on the thoughts above here, why not simply use it to compensate procedural fees. This could be the ball starting rolling.

The member states have agreed to foot the bill for the pensions. But this is on paper, and for pensioners the only addressee is the EPO. If the EPO unilaterally lowers the pensions, what is the recourse: at the end the ILO AT. In other words a dead end. If the EPO claims it has no money, it cannot be condemned to print it. Nobody would ever lift a finger for a cast of privileged employees of an international organisation. That is exactly the position taken by one of the President's minions, the PD Personal, Mrs Bergot to name her. They profited for a long time of lots of niceties and it is time for them to bleed...

It might sound far fetched as well, but such a hidden agenda would not surprise me from the President and its advisers.


Battistelli's history as a public [sic] servant [sic] suggests that as a Republican with no empathy he'll promise anything to get his way and even lie for some "greater good" (in his own mind). As one recent example of Battistelli's "greater good", consider his lobbying for the UPC, crackdown on quality control (of patents), and sending away of the boards -- a move which is now being confirmed by the local media in Munich. To quote this new translation from SUEPO [PDF] with highlights in yellow (particularly where we are cited):



Munich’s European Patent Office may be planning a move to Haar



The European Patent Office in heart of Munich simply won’t settle down.

(Photo: dpa) Advert

- According to SZ sources, the European Patent Office may be planning to transfer a department from Munich’s Inner City to Haar.

- The move to new premises, with a floor area of 11,000 square metres, would affect 200 personnel.

- A power struggle has long been raging within the Office, at the heart of which is the President Benoît Battistelli. Critics are concerned about his stringent reforms.

By Bernhard Lohr, Munich/Haar

Plans are clearly afoot at the European Patent Office in Munich to relocate the legal departments. The whole situation needs to be viewed in the context of a major reform of the legal structure, which the Member States of the European Patent Office Organization only decided on in June.

According to ZS sources, the Boards of Appeal, to which appeals can be lodged against decisions taken by the European Patent Court, are to be relocated to Haar. This will involve more than 200 employees, and an office surface area of 11,000 square metres.

Storm in the Glass House

The European Patent Office still will not settle down: New internal investigations aimed against staff representatives are causing concern – and upset. Because the Office’s own investigation department is overstretched, word has it that crisis specialists from London have been brought in to look into allegations of bullying. Katja Riedel has more ...

No-one will officially confirm what is going on. Staff at the Real Estate Department of the Bavarian Insurance Chamber, which owns the office complex known as "8inOne" in Haar-Eglfing, standing empty now for a good two years, are keeping the name of the incoming tenants very much to themselves. The European Patent Office speaks of decisions which are still pending. The local authorities will only refer to a well-known “non-profit organization” which will be coming to Haar. According to an internal E-mail, which is in the possession of the SZ, this is the European Patent Office.

In the Internet blog Techrights, contributors who are manifestly very well-informed about the inner life of the European Patent Office in Munich, are already engaged in intensive discussion about the move to the edge of the Bavarian capital.

Advert

Stringent reforms, suspensions, defamation: A power struggle is raging in the Patent Office

A power struggle has been raging for a long time within the Patent Office, with its 4000 employees in Munich alone, at the centre of which is the President, Benoît Battistelli. His opponents are opposing the stringent reforms he is seeking to introduce so as to streamline the Office. Battistelli recently suspended a patent judge, who according to the distribution of power should not have been subordinate to him, which in turn caused further upset in the Office. According to an internal investigation, the man is supposed to have used aliases in order to wage a defamation campaign against the President. The accused disputes the accusations.

A possible move to Haar is also being seen by staff members in this light. The word on Techrights is that this is a way of sending disgruntled personnel from the legal departments into “exile”; talk is of money being spent like water, and that personnel without much space should be taking priority.

According to insiders, the move is a done deal

Word has it, too, that staff in the departments affected, which are still sitting in the main building near the Isartor, have already been informed of the forthcoming move to Haar-Eglfing. The search for a suitable location for the Boards of Appeal is said to have involved eleven buildings in the general Munich area.

The closeness to the City and the airport, the actual fixtures and fittings of the building, and the easy access by public transport, are also supposed to have given the address at Richard-Reitzner-Allee 8 in Haar the edge in the search - "in the South-East of Munich", as they say. According to the information on Techrights, the tenancy agreement is supposed to have already been signed as soon as the Finance Committee of the Patent Office approved the plan in October. The move is supposed to take place in July 2017.

Uprising against the Sun King

Staff at the European Patent Office in Munich are taking to the streets against their boss, Benoît Battistelli: He regards his people as of little consequence, and could even prevent strikes. And that could mean that he is contravening European human rights. More from Katja Riedel and Christopher Schrader ... Report

This matches up with what a spokesman from the Patent Office has been saying, who of course is not going to let anything slip about the move to Haar. Rainer Osterwalder says that the organization is “currently looking into possibilities for a new service building for its Boards of Appeal in Munich and the surroundings”. Once the “technical preparations” have been concluded, more formation will be forthcoming. The separate building is supposed to highlight the independence of the Boards of Appeal in the Patent Office Organization.

This issue is also said to have been discussed in the early part of the year with Bavarian Justice Minister Winfried Bausback. He is said to have been convinced that by having a separate building of their own for the Boards, the significance of Munich and Bavaria as focal points in Europe for patent legal procedures can be strengthened still further. On the other hand, it looks as if this positive view is not entirely shared by all the staff at headquarters.


Rainer Osterwalder refuses to just admit the obvious, but he begrudgingly acknowledges what the journalists were able to independently corroborate/confirm based on documents they saw. Where does that leave quality control, appeals, and oppositions? Well, far away from Battistelli, 'sheltered' in tighter offices with fewer members of staff and an uncertain future. A new article by Matthew Pinney from software patents proponents and lobbyists at Marks and Clerk (part of the patent microcosm that preys on EPO policies under Battistelli, including the UPC) was published in some of their media circles this week [1, 2]. It speaks of opposition procedures as follows:

The European Patent Office (EPO) opposition procedure allows any person to challenge the validity of a European patent within nine months of its grant. Oppositions are a commercially astute method for revoking others’ patents as an alternative or addition to court proceedings. However, the opposition procedure has historically taken up to three years after grant to reach a decision – even for ‘straightforward’ cases. Whilst a decision is pending, there is legal uncertainty for all parties.

On 1 July 2016, the EPO introduced a streamlined opposition procedure that simplifies the procedure so that opposition proceedings can be brought to a faster conclusion. The aim is that the Opposition Division will reach a decision within two years from grant. This is achieved by imposing reduced time limits on both the patent proprietor and the EPO.

Once an admissible opposition has been filed, the EPO invites the patent proprietor to respond with observations and any amendments to the patent. The streamlined procedure reduces the response time limit from six months to four months except in exceptional circumstances.


They are basically rushing things, which guarantees that quality will be further exacerbated/eroded/reduced and the service will prioritise profit over merit.

It's sad to see the EPO repeating all those famous mistakes of the USPTO -- mistakes that I spent over a decade writing about. Battistelli is certainly aware of the consequences of reduction in patent quality, but as we shall show in a later article, he denies it using his de facto think tanks.

"No amount of gloss can cover institutional rot and when the public discovers the rot, everyone suffers, including ordinary members of staff in the rotting institution."Not only EPO staff is under attack from merciless and misguided management. Staff of WIPO too has been complaining and severely punished for that. Watch one who has just moved from human rights to WIPO, a serial violator of human rights. To quote IP Watch, "years ago Kwakwa also moved from UNHCR to WIPO, according to his bio. In the role of WIPO legal counsel, Kwakwa took a role once held by now-Director General Francis Gurry, and became known by some for his equanimity, knowledge, and an almost uncanny knack for navigating difficult situations that others could not." With some very gross violations of human rights in there (under Gurry), one might wonder what Bontekoe is thinking here. It's like the time the EPO hired Jana Mittermaier from Transparency International. No amount of gloss can cover institutional rot and when the public discovers the rot, everyone suffers, including ordinary members of staff in the rotting institution. Unless Battistelli is stopped, everyone at the EPO will suffer. This is why staff representatives are so sceptical of him. They too are eager to save the Office.

Recent Techrights' Posts

"Open" "AI" is Going Bankrupt, Appealing for Government Bailout
The writings have been on the wall for years
"Secure Boot": Stop Trying to Boot Into GNU/Linux, Use Vista 11 Instead
It's all about reducing the user's cybersecurity under the false guise of improving it
LowEndBox Resorts to Ableism to Smear Software Freedom
Not some "low-level" pundit but an administrator
This Coming Thursday EPO Staff Meets Online to Discuss the Salaries Going Down While Stoned Managers Increase Their Own
compensation going down relative to inflation and other factors
Misinformation of IBM Spread via LLM Slop
Since a lot of sites now rely on LLMs we can expect the corporations' lies to be perpetuated by bots. That includes the myths of IBM Red Hat.
 
Governments That Financially Benefit (Profit) From the EPO Have a Long History of Covering Up Fraud and Corruption at the EPO
Many people are aware of it, even some of the biggest EPO stakeholders
Our Time in London
10 Days Ago We Were Down in London
Giving Red Hat a Second Life and Second Chance: Drop the LLM Slop, Stop Publishing Promotion of LLMs or Text Made by LLMs
For Red Hat to earn more trust it needs to quit participating in the biggest "pump and dump" pyramid scheme since the 1990s
Gemini Links 09/11/2025: Garden Room Complete, FreeBSD 15.0 on the ThinkPad T480, and Known Gemini Caspules Sorted by Number of URLs
Links for the day
Links 09/11/2025: Fung-wong Strikes Maharlika, "Open" "AI" Wants Taxpayers to Give It Bailout Money
Links for the day
Links 09/11/2025: "Avoid MSI Graphics Like the Plague", Harms of Social Control Media More Widely Recognised
Links for the day
Rocky Linux's Embrace of Mindless Cargo Cults Will Harm Rocky Linux in the Long Run
focus on technology, not marketing that defrauds many people and plagiarises many producers
Many of Red Hat's Official Blog Posts Seem to be Fake, Written at Least Partly by Bots (LLM Slop)
Can one trust Red Hat on technical things if it cannot even write words?
Suggestions Regarding Techrights Search
In some cases, Daily Links also serve to obscure our original articles
Reaffirming Rumours of More Microsoft Layoffs, Halo Impacted, XBox Business Winding Down
XBox has a huge target painted on its bum
This is What We Always Wanted to Spend Our Time on
2026 will probably be our most productive ever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 08, 2025
IRC logs for Saturday, November 08, 2025
IBM is Destroying Red Hat (by Extension, It Also Harms GNU/Linux)
IBM is where things come to die, more so in the past decade or so
Austrian Media Coverage of Luis Berenguer's (Top EPO Official) Getting Busted for Cocaine
This wasn't some rich tourist caught by cops, it was a local official whom they busted
Gemini Links 09/11/2025: File Managers and DPC Commissioner
Links for the day
Links 08/11/2025: Climate Talk Unfruitful, OldVersion.com Archive Facing Shutdown
Links for the day
IBM is Eliminating Red Hat Like It Eliminated Tivoli and Eliminated Cognos
Be wary of IBM
Quitting One's Job Isn't Forbidden, Right?
it's important to remind people that leaving one's job is perfectly OK
Being Absent/Missing From Social Control Media is Not a Sign of Weakness
Broadly speaking, social control media is for losers
Empathy Online
I recently learned from someone that running his Web site might hurt some feelings, even if the writings are truthful
Our Site Search Increases Our Editorial and Informational Independence
Implementing our search facility is a long-term investment
Advocates of GNU/Linux and the Uphill Battles Behind Us
GNU/Linux felt like "activism" 20 years ago. Now it's mainstream.
Cybersecurity Means Real Security, Not Back Doors
Standing our ground on technology and cybersecurity is an uncompromisable stance
Links 08/11/2025: Disinformation Crisis, Denmark Recognises Threats Associated With Social Control Media
Links for the day
The Free Software Foundation (FSF) is Besieged for the Times It Does the Right Things
As that upsets rich people's interests (and they were, at times, sponsors)
Links 08/11/2025: Technical and Financial GAFAM Woes and Arrests of Journalists by Despots
Links for the day
Like SUSE, IBM Red Hat Seems to be Using LLM Slop to Write Fake (Bot-Generated) Blog Posts
IBM Red Hat keeps promoting slop
Corruption is a Reality, It's Not a Dirty or a Strong Word
Corruption is a topic some newspapers shy away from
How German Media Covered Cocainegate at The European Patent Office (EPO)
At some point we'll ask that same press to revisit the issue and this time comment on the EPO connection
Our Launch of Techrights Search Has Been Successful (So Far)
There are about 50,000 articles indexed there, going 19+ years back
Daniel Pocock Explains Social Engineering in Debian and Other Communities Increasingly Controlled by "Barons"
Communities are not corporations
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 07, 2025
IRC logs for Friday, November 07, 2025
Rosanna Yuen & GNOME community triple tricked
Reprinted with permission from Daniel Pocock
Adrian & Diana von Bidder-Senn, Debian: detailed history of a death
Reprinted with permission from Daniel Pocock
Crypto AG tricked ETH Zurich student internship
Reprinted with permission from Daniel Pocock
An Old Story of Fraud at the EPO in the Netherlands (and How the Dutch Government Facilitated It)
We've already mentioned several other scandals where the the Dutch government engaged in fraud and passive corruption
Voicing Concerns About European Patent Office (EPO) in Rijswijk
The report is dated yesterday
Gemini Links 08/11/2025: KeePassRX and Pluribus
Links for the day
IBM Layoffs Not Done, Terminations of Staff in India, Brazil, and Mexico Reported
This hopefully answers questions such as, "do the layoffs only impact US and Canada?"
Slopwatch: Brian Fagioli Targets "Linux" With LLMs, Google News Helps Blame "Linux" for Amazon WorkSpaces Flaws
Tonight's slopfest
Gemini Links 07/11/2025: Switzerland, k3s, and Privacy
Links for the day
Links 07/11/2025: Software Patents Squashed, Stock Markets Wobble Over Slop Uncertainties
Links for the day
A 19th Anniversary and High-Impact Exclusives
The end of 2025 will be very difficult for EPO management
The Register MS, Payroll First
GNU/Linux is a growing platform
Links 07/11/2025: US Government Shutdown Imperils Critical Functions, Slop in "AI" Clothing Debunked Some More, Bubble's Implosion Ongoing/Imminent According to Experts
Links for the day
Gemini Links 07/11/2025: No Goodbyes, Homelab, Mouse Keys / Pointer Keys
Links for the day
12 Years for Justice is Far Too Slow (and More People, Especially Women, Are Hurt)
Why do police departments and legal systems fail to protect women?
Before Freenode Collapsed Its Staff (the People Who Now Run Libera.Chat) Were Censoring/Silencing Some Free Software Supporters
We still have this issue in the Free software community
Freenode and irc.com Are Still Around
It emulates retro terminals
We Don't Compete, We Analyse and Report
Principles are so much better than money and they're something money can never acquire
Red Hat is Also Laying Off Staff in India
Red Hat is a dishonest company
All We Want to See is Any Form of Accountability in Europe's Largest Institutions
Because people at the top of institutions should never be above the law!
Finding Recent Talks of Richard Stallman
We already have many pages, documents, and media files. Organising them and helping people find them is the next Big Task.
Richard Stallman First Speaker at Ethereum Cypherpunk Congress the Weekend After This Coming Weekend
He'll be speaking over the Net
Diversity at Red Hat
Remember to judge corporations by their actions, not some Web pages with words in them
First the Python Software Foundation (PSF) Attacked Its Most Productive Volunteers. Now It Attacks Its Funding Sources.
The U.S. National Science Foundation (NSF) rejected by PSF
News of Substance About the EPO's Substance Abuse (Cocaine)
EPO Cocaine Chronicles - link to archived BILD article and photos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 06, 2025
IRC logs for Thursday, November 06, 2025
On Midlife Crises
Focus on the sabotage, not politics
Hallmark of Fake News: "Single-digit" (Percentage) and 1% Isn't the Same Thing
apparently "rebalancing" is the new layoffs euphemism
Links 07/11/2025: Patent Trolls Target Germany, Celebrities Visit Ukraine
Links for the day
Misinformation/Disinformation Disguised as Information About GNU General Public Licenses (GNU GPL) Usage
GPL-type licences (reciprocal obligations) remain dominant
Slopwatch: LinuxSecurity, Brian Fagioli, and Google News Boosting WebProNews (All Slopfarms)
Those slopfarms just saturate the Web with misinformation and mindless chaff
Techrights and Tux Machines at Over 40
19 years of Techrights and 21+ years of Tux Machines
IBM Mass Layoffs This Week Not Limited to North America, Red Hat Staff Terminated
Do not relocate for a company that sees you as nothing but a number or a "human resource"
Coming Soon: More Proof of Cocaine Use at Europe's Second-Largest Institution
Stay tuned
Entering Our 20th Year
...and still looking for answers