Bonum Certa Men Certa

The Battistelli Effect: “We Will be Gradually Forced to File Our Patent Applications Outside the EPO in the Interests of Our Clients”

All that political UPC lobbying from Battistelli and his cronies (like Margot Fröhlinger) merely served to discredit the EPO

EPO ship
Sailing nowhere, fast.



Summary: While the EPO dusts off old files and grants in haste without quality control (won't be sustainable for more than a couple more years) the applicants are moving away as trust in the EPO erodes rapidly and profoundly

THE EPO has done virtually nothing to repair its bad reputation. Paying over a millions Euros to fracking propagandists is hardly a sound plan and as long as union-busting activities carry on, staff of the EPO will perceive the management -- not SUEPO -- as their biggest enemy. What's more, stakeholders outside the EPO are paying attention and some take action, knowing that patent quality at the EPO is far from what it used to be. Insiders tell us so as well.



"Team Battistelli lied to the public (and to staff) about the UPC's inevitability and here in the UK we saw Team UPC (perhaps fraudulently) advertising UPC jobs that did not exist and would never exist."The EPO's top-level management put all its eggs in the UPC basket. Team Battistelli lied to the public (and to staff) about the UPC's inevitability and here in the UK we saw Team UPC (perhaps fraudulently) advertising UPC jobs that did not exist and would never exist. We complained about this at the time. How do they get away with this? They hate democracy so much (or disregard it so blatantly) that they quit caring about -- or they're not paying attention to -- the enormous damage caused to their reputation and integrity. What are European companies supposed to think of the UPC and the EPO right now?

"This purely academic exercise is all well and good," one person wrote in a thread stuffed with UPC hopefuls (Team UPC and the patent microcosm, especially in the UK), "but a complete waste of time and money. There will be no political will to make this work because Brexit means Brexit. Don't you get it yet? Forget it and move on...."

Indeed, but they have spent so much effort and time on UPC preparations, so they refuse to move on. Another commenter then added that "we will be gradually forced to file our patent applications outside the EPO in the interests of our clients," so we assume this commenter has moved on already. To quote in full:

The discussion about Brexit and UPC continues to be maddening as not based on the possible (to avoid repeating myself I refer to my previous comments http://ipkitten.blogspot.de/2016/09/does-david-davis-want-to-ratify-upc.html?showComment=1474556188098#c99464718469530613 Thursday, 22 September 2016 at 15:56:00 BST ) If financial leviathans in the City are struggling to persuade the UK government to protect their financial passports post Brexit to preserve a status quo in London from which the UK benefits to the tune of tens of billions each year, what on earth makes any realistic observer believe the minnow of the patent community could persuade the UK government to move against the Brexit tide by ratifying the UPC pre-Brexit? That would be true if the UPC was the best idea ever (which it isn’t), if there was a ground swell of support for it from UK industry and potential users (there isn’t), if it would encourage innovation in the UK or Europe (it won’t) or if the EPO was the most respected patent office in the world (it isn’t). Indeed, regretfully, I must be even more blunt, the EPO’s continuing flogging of this UPC dead horse is yet more evidence (amongst many examples well known to all) that current EPO management continue to act against the long term interests of the patent community and industry in Europe. The present EPO President has zero credibility as his administration undermines the EPO on multiple levels with increasing irrationality. Reduction in patent quality, horrendous abuse of staff, attacking the independence of BoAs are but three examples and it is to the utter shame of the Administrative Council that he has survived so long. Rather than focussing short term attention on the fate of the UPC, the most important and urgent action which would help improve the patent system in Europe is for the AC to remove Benoît Battistelli (and his team) from office without delay and bring back humane, credible and competent leadership to the EPO. Only then can a rational discussion of the challenges begin with all stakeholders, and users such as myself can have their confidence and faith in the EPO restored in a post Brexit world with or without the UPC. If not, reluctantly we will be gradually forced to file our patent applications outside the EPO in the interests of our clients and the EPO will begin a slow decline to irrelevance.


"That the EPO still pushes for UK ratification is hard to understand," wrote one person in response to the aforementioned comments about the EPO's resort to lobbying (we wrote about that yesterday). To quote:



I could not agree more with the blogger of 12.43 BST.

Ratifying now would be utterly counter-productive and only increase problems. Sorry Meldrew, but ratifying now has nothing to do with pragmatism, but sheer panic to be left out of a system which could have been so lucrative. Actually, I was expecting better from Meldrew.

That the EPO still pushes for UK ratification is hard to understand. I would say there are more urgent problems to be solved at the EPO than fighting for UK ratification. Seeing the way the AC does not do its job of controlling the EPO and its president, one wonders about a hidden agenda.

How can it be that training for search and training for examination used to be three years for each job, now it is three years for both. Have the newcomers suddenly become more intelligent? Please allow me to doubt. Quality is thus lowering for a long time, but the lowering can only accelerate.

The problem lies with the EPO and its management. I leave here purposely aside any discussion about the ill treatment of staff representatives, but concentrate only on the horrendous production figures which are now required. Here it is not only BB who is to blame, but much more VP1, who has always thought that examination, and hence the grant of solid patents, is of secondary importance.

What matters are production figures. Who gives a damn about the patent quality, production figures have to be according the plan. Basta as would a former German chancellor say. The erosion of quality is nothing new, but when one sees what is coming out one can only shudder.

What good could be a UPC when faced with patent of little or no value.

A court be it called UPC or not, cannot do a good job on shaky patents! Why is it then so necessary to quickly ratify?


In our next post we'll remark on patent quality again.

Recent Techrights' Posts

TV Programmes in Geminispace
Sort of like teletext except more cross-platform
Techrights' Assessment of Red Hat Layoffs in 2025 (Yes, They Happened!)
In short, Red Hat layoffs did occur this year, but even when they did the media did not mention these (and those would count as "IBM" regardless)
The GPU Bubble (GPUs Marketed by Useless Slop)
"they're selling GPUs for the sake of selling GPUs"
Formalities Officers at the EPO Face Uncertain Future, Administration Gets Asked About That
They're being too polite (perhaps) to people whose agenda is detrimental not just to the EPO but also the EPC
EPO General Consultative Committee (GCC) Agenda: Reduction of Staff's Salaries (Compared to Inflation)
knocking salaries down some more
 
The "Nazi Bars"
We don't condone or condemn the label "Nazi Bar"
Apparent Red Hat Layoffs in "AI" (Supposedly a Strategic Area for IBM)
What is going on there?
Gemini Protocol as a Growing Source of Audience (Mostly Technical People)
Clients for Gemini Protocol are available for almost every platform imaginable
EPO Change May be Afoot, Keep Pushing and Hold Those Feet to the Fire
Backlash is brewing and societal trends reinforce backlash right now
Links 18/11/2025: CISA Advisories, Climate, "U.S. Layoffs Surge and Blaming AI is Part of the Smokescreen"
Links for the day
Gemini Links 18/11/2025: "Block Them All", Annex, Signed Commits, and "Cryptography of the Internet"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 17, 2025
IRC logs for Monday, November 17, 2025
Right Under the Nose of Mainstream Media
That the media fails to cover the matter mostly speaks volumes about the media
Spanish Focus Coming Soon and Maturity of Site Search
We'll soon be focusing on Spain
Slopwatch: LLM Slopfarms Seem to be Slowing Down Somewhat
LLM addiction is a very unhealthy addiction
Thailand: Windows Down Sharply, Microsoft Loses Share to GNU/Linux
the Thai economy is strategic and relatively important in the region
Gaming Journalist and Guru Jason Schreier Says Microsoft is Indeed Behaving Like It Exits the Console Market
Remember that many shops no longer sell or stock XBox
Links 17/11/2025: ‘Agentic OS’ Backlash and Facebook ('Meta') Loses Yann Le Cun
Links for the day
Gemini Links 17/11/2025: Technology's Harm in Schools, 3D Printer Blurb
Links for the day
Coming Soon: EPO Trip in Spain
António Campinos being 'Marcosed'
Links 17/11/2025: "You Don't Need Animations" and Blocking Copyright-Infringing Sites Inevitably Goes Wrong
Links for the day
The Register MS: Slop is "FOMO" (Fear of Missing Out), FOMO is Funding Us
even former management (Editor in Chief of The Register MS) admitted to me it was aware of this issue
What's 4Chan and Why It's So Problematic
Incels and losers converge around online echo chambers
Difficult to Win Arguments When the Simple Facts Are Not on One's Side
Starting arguments over things when you know the facts (unlike money!) aren't on your side is a dumb move that can only ever result in severe loss of credibility
Python is Attempting an Outreach to African-Americans, Microsoft Lunduke Has a Problem With That
Did he manage to brainwash himself into this ideology wherein bigotry is in fact tolerance, inclusion, equity?
Tribalism Injures Projects
In Free software communities, there are many species and "breeds". Some developers are happy to work with everyone else based upon technical merit
IBM is Googlebombing Its Way Out of Trouble and Criticism
IBM is a dying giant
No, There is Nothing Impressive About Slop Plagiarism-Enabled, Computer-Generated Images in Your Web Site...
When people use slop they do not broadcast an embrace of innovation; they merely signal they're lazy, unethical, and unscrupulous
After Denial (of the Issues) Comes Censorship
Every critic of the status quo is "racist" and every criticism is "racism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 16, 2025
IRC logs for Sunday, November 16, 2025
Intel, Facing Mass Layoffs (Including Many Key Engineers Who Work on Linux Kernel), is Pushing for Slop Inside Linux
replacing proper, well-tested code (and documentation thereof) with slop
More People Want to Quit Windows (Vista 10 is "End of Life"), Restricted Boot (UEFI) Makes That Harder
It's widely agreed (a consensus) that Restricted Boot is a bad thing for GNU/Linux
IRCNow Helped Techrights
If you want to gain more independence or "sovereignty" over your communications and need help setting things up (no prior experience setting up/configuring IRC), go to IRCNow
How We Managed to Make IRC Inclusive and Free Speech-Tolerant Without Banning People
People in IRC seldom agree on everything, more so if politics are aired and especially in the wrong context/s
UEFI 'Restricted Boot' Will Usher in Rootkits Into Linux
Those of us who understand and value what it means to truly own our devices should definitely be alarmed by these trends
Plan for European Patent Office (EPO) Coverage This Month, Next Month, and Next Year
How much longer can European politicians ignore all this corruption?
Germany-Based Focus Online is Apparently Covering Up Cocaine Use at Europe's Second-Largest Institution, the European Patent Office
More contact details for the German press - Focus online
opensource.net Dead Since Middle of Summer, opensource.org (OSI) Still Leaderless
At the moment the brand "Open Source" is misused so heavily that we have considered adding a new category to our Daily Links, focusing a lot less on "Open" and more on software freedom as a concept
Photos From Richard Stallman's Talk in Argentina Earlier Today (Remote Talk)
Dr. Stallman's talk went ahead
Slopwatch: Google News Full of Slop
Google News has serious problems
Gemini Links 16/11/2025: The Cure for Slop, Rapsberry Pi Zero 2 W, and POSIX from Ada
Links for the day
NHS Data Breach Caused by Proprietary Software, as Usual, The Register MS Blames "Hackers" and "Cybercriminal Gang"
Nothing will get solved unless we have a rethink and media quits using the "hacker" narrative, which shifts blame from the holes to those who merely exploit them
IBM is Vanishing (First Moving, Then Going Away Completely)
Salary reduction is only the first step
Links 16/11/2025: Japan-China Tensions Grow, Surveillance Giant Google Checked for Breach of the Digital Markets Act (DMA)
Links for the day
Links 16/11/2025: Censorship Battles and Margaret Sullivan Speaks
Links for the day
German Media and German Politicians: Working for the Public or Manipulating the Public?
The "common person" does not have printing presses
Informing the Public of Suppressed Facts
We are all in this together
Canadian Linus Meets Finnish-American Linus
LTT does have a very large audience, which it can steer away from Microsoft and Windows
The UK's Online Safety Act (OSA) Discourages Technological Entities, Including Free Software Projects, Being Based in or Near the UK
When it comes to IRC hosting, we never had any serious speech restrictions imposed upon us by the UK
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 15, 2025
IRC logs for Saturday, November 15, 2025
Father of GNU Giving Keynote Talk Today, Father of Linux Collaborating With Linus Tech Tips (LTT)
Some time soon we can expect Linus Tech Tips (LTT) / Linus Media Group / Linus Gabriel Sebastian to produce something with Torvalds
Gemini Links 16/11/2025: Emacs Font Fun and UI x TUI x CLI
Links for the day