Bonum Certa Men Certa

From World's Best to World's Worst: China's SIPO (Worst of Asia) and France (Worst of Europe) the Vision for EPO

Poor quality patents (SIPO) and lack of examination (INPI)

SIPO and Battistelli



Summary: The trajectory of the EPO under Battistelli's leadership gives cause for very serious concerns, which include patent trolling and a humongous disservice to existing grantees of EPs (European Patents)

THE EPO may be going down the road of both China's SIPO and France's INPI (where Battistelli and many of his cronies at today's EPO top-level management came from). The Chinese have remarkably low patent quality (quantity over quality is the mantra) and the French, who fail to attract applications (French is spoken by far fewer people than Mandarin speakers), hardly care about quality at all. A French INPI clerk just rubberstamps (or simply files/shelves) everything that comes in. If the EPO follows the French model, then no examiners will be needed, just clerks who can follow a simple manual. How would one feel about one's old/er EP/s if every crappy application on the EPO's pile was suddenly granted or at least given hasty consideration for the sake of so-called 'production'? Battistelli's policy poisons the well or muddies the water right now. It is unfair to people who spent a fortune (and many years) pursuing EPs.



"If the EPO follows the French model, then no examiners will be needed, just clerks who can follow a simple manual."As we noted here several weeks ago, east Asia is becoming attractive to patent trolls [1, 2], due in part to low patent quality (same as was the case in the US). There are more trolls and litigation, not just poor patent quality; there's a correlation between those two things. SIPO is by far the worst in that regard. Korea and Japan, in the mean time, recognise the self-destructive nature of M.A.D. with patents, based on another article from IAM that says: "This blog has noted that one of the big themes in Asia’s automaking industry this year has been a significant move by Japanese and Korean brands to join defensive patent alliances. It’s a strategic shift for the industry that in many ways is being led by companies in this part of the world, rather than their North American and European counterparts. But Chinese companies have not yet followed the same path in significant numbers, and industry observers say with litigation on the rise there, buy-in from players in China will be crucial for these alliances going forward."

One or two of IAM's paid (partly by patent trolls) writers have focused a lot on Asia recently. See the latest issue's "Patents in Asia 2016" series, including focus on China, Japan, South Korea, and Malaysia. The feature item was actually about China, titled "Putting China’s patent rise into context" (all behind a paywall) and Jacob later wrote (partly in relation to this) that China welcomes crappy patent applications from the US, just like the EPO under Battistelli does. He recently started following me in Twitter (maybe out of curiosity, I find him a lot more balanced than Mr. Lloyd and Mr. Wild) and he didn't put it in these words but instead he wrote:

It was eye-opening, but not necessarily shocking, to read on this blog last Tuesday the suggestion that Huawei’s mobile patents might generate up to 20% of all the patent income earned by Chinese companies. The conjecture appeared in a new research paper which seeks to revise (downward) earlier estimates of the total royalty stack on the typical mobile phone. The study looked at 49 major mobile licensors, of which Huawei was one of only two Asian operating companies (the other being Samsung Electronics).

Credit the Shenzhen-based company for building an IP team that has put it head and shoulders above its domestic competitors in terms of patent portfolio strength. I was reminded, though, of a quote by Huawei head of IP Jason Ding that appears in the issue of IAM out this week...


There is also an article about Foxconn.

Asian companies haven't much to gain from a crappy patent system. Take Samsung for example. The most stupid patent that has made headlines in recent years (slide-to-unlock, hardly a novel concept at all) might soon cost Samsung more than $0.1 billion, based on reports like this new one and some remarks from Florian Müller (he wrote a lot more about it in Twitter). To quote Bloomberg (cited by Slashdot):

Apple Inc. won an appeals court ruling that reinstates a patent-infringement verdict it won against Samsung Electronics Co., including for its slide-to-unlock feature for smartphones and tablets.

In an 8-3 ruling, the U.S. Court of Appeals for the Federal Circuit said a three-judge panel was wrong to throw out the $119.6 million verdict in February. Instead, it ordered the trial judge to consider whether the judgment should be increased based on any intentional infringement by Samsung.


Does this not demonstrate how foolish software patents harm companies like Samsung, whose home country (Korea) does not permit software patenting (we wrote about this earlier in the month)? This new IAM article remarks on patent tax when it comes to phones, which makes them very expensive ("licensing return from mobile market at $14.3 billion").

As for the patent system in France, where does one even begin? The patent system in France is worse than a bloody joke; one might even call it a facility for corruption in light of details about the Patent Boxes (we wrote about this too, several times in the recent past alone). Here is a new article about it, demonstrating that journalists have begun catching up with the dirty scheme:

France's patent box legislation, which permits a 15 percent corporate tax rate for profits from licensing of intellectual property rights rather than the usual 35 percent corporate tax rate, is being challenged as unfair to the European Union single market.

The matter has come before the EU Code of Conduct Group for Business Taxation, where several EU countries—including Ireland, Bulgaria and the Baltic nations— are insisting the French patent box regime should be considered harmful.

Among those contesting France's IP rate are EU member countries that were themselves previously criticized by France over their overall low corporate tax rates.

“The issue has surfaced because France insists its regime doesn't need to be reformed as all EU member states agreed to do in 2014,” a European Union diplomat, who participates in the Code of Conduct Group of Business Taxation, told Bloomberg BNA Sept. 30.

“However, all other EU countries are reforming their tax regime and insist France must do the same. Some of these countries, many of them resentful over French criticism of tax dumping, are rejecting the French arguments against reform.”


In this new IAM article a connection between the French and the Chinese is highlighted, in the form of "France Brevets":

Unlike IP Bridge and Intellectual Discovery, France Brevets did not provide comment for the feature, but anecdotal accounts suggest that there has been something of a shift in strategic focus at the firm in recent months – and the call for change has come from the highest levels.

It appears that securing a return on its 100% public sector investment is now the fund’s primary objective, with its aims of boosting the domestic SME sector and kickstarting a local market in IP assets taking a back seat, at least for the time being. Simultaneously, some key personnel have come and gone; in June, founding CEO Jean-Charles Hourcade was replaced by Didier Patry, who was previously head of IP at Eaton Aerospace and before that led Hewlett-Packard’s IP transactions department from 2002 to 2014. Pascal Asselot, who had served as the fund’s director of development and licensing since its establishment, departed in the same month.


The USPTO, which finally tightens patent scope and goes after trolls (more on that in articles tonight and tomorrow), isn't the world's worst; some of the worst are probably SIPO and INPI and this is what the EPO is connecting to (several days ago Battistelli bragged about meeting SIPO officials in the town where he used to be a mayor, over in France that's not even an EPO host nation).

Recent Techrights' Posts

Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
 
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva
Hard to Replace 'Human Touch'
The reason many people insist on using GNU
Richard Stallman Gives Talk in 20 Hours at Ostschweizer Fachhochschule Campus in Rapperswil-Jona
The talk is in English
The Slop Companies Gamble at Our Economy's Expense and They Know It's a Losing Bet (So It's a de Facto Robbery)
The crash of this bubble isn't just inevitable, it's already happening and receding sporadically because of false announcements about money that does not actually exist (to "buy time")
Suppressing Speech by Blackmail, the Iran Story
When Debian wanted to stage a seemingly legitimate election it needed to have more than one candidate running; so eventually the female partner of a geek rose to the challenge (had no coding skills at all, no technical history in Debian) and lost to the "incumbent German"
Too Focused on Buzzwords the Media is Paid to Saturate the Collective Mind With
Just because companies do really bad things in the digital realm does not imply "AI" or follow from "AI"
Discrimination and Prejudice Against Female Journalists
we can shame people who attack a reporter on the grounds of gender
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part II - Trying to Put People in Prison for Committing the Act of Journalism
This is abuse of process
Attack on Copyright and Copyleft by Code Conversion Is Nothing New, It Predates Slop (Code Produced by LLMs) by Several Decades
Even back in the 90s many people converted programs from one language to another. That could invalidate copyleft (and copyright), which already existed
Almost a Slopless Weekend for "Linux"
Let's hope slop will come to an end or sites will cease linking to slop
Insiders Explain Why IBM is Dying and the Inherent Culture Problem
There are many ways to shave this IBM cat
Links 08/03/2026: Microsoft Lost $400 Million on "Project Blackbird" and Half the States Sue Over Illegal Tariffs
Links for the day
Links 08/03/2026: Cisco Holes Again and "Blatant Problem With OpenAI That Endangers Kids"
Links for the day
Activism/Journalism in Our Blood
one must fight for one's principles
Gemini Protocol in Its Prime
What's particularly neat about Gemini Protocol is that it's fast and cheap
Microsofters' SLAPP Censorship - Part 6 Out of 200: Intentionally Misnaming Women, People Who Offered to Testify That They Too Had Been Subjected to Similar Abuse
Today it is International Women's Day
Even Fedora Leadership Cannot Figure Out the Microsoft Kill Switch/Back Door, 'Secure' Boot
It does not actually enhance security
Bruce Perens: Richard Stallman "Has Achieved His Goal"
Stallman's next talk is tomorrow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 07, 2026
IRC logs for Saturday, March 07, 2026