Bonum Certa Men Certa

No Promising Future For the EPO Under Battistelli (If Any Future At All)

Summary: Pessimism becomes realism at the European Patent Office as units are being torn apart, patent quality discarded, "unified" patent courts dreamed of (more patent lawsuits, higher damages), and EUIPO (EU-associated, unlike Eponia) gets closer to the EPO

THOSE WHO have followed this Web site for the past decade know we're no enemy of the EPO. We actually used to take pride in it, especially after software patents were rejected (2005), assuring the high quality of patents (emphasis on quality, not quantity). We also sent letters and constructive feedback to the Organisation. This is all in the public record.



"Battistelli has already decided -- with the usual complicity of the Administrative Council -- to eject/kick out the appeal boards out of the EPO's main building."We fear that the EPO's days may be numbered. Maybe it's intentional, as we shall explain in this post in light of this morning's announcement from the EPO (as expected).

We will share some of our observations and leave it for readers to decide what on Earth goes on at the EPO. Frankly, it does not look too good and we (even I personally) worry about the fate of the bright minds of EPO examiners (who are scientists like myself), not politicians/managers like Battistelli.

"Remember that EPO judges are already under attack (in a perpetual limbo with a warning sign that's judge P. C.) and early next year they will have moved out, even though the UPC (the unified court -- a threat to their very existence) is definitely not happening (with or without "hard" Brexit)."Battistelli has already decided -- with the usual complicity of the Administrative Council -- to eject/kick out the appeal boards out of the EPO's main building. The temporary/rented office space that was allocated to them is meager and there are no long-term assurances, based on articles from the German media (there were very few of those as the EPO's spokesperson used sordidly evasive language). Remember that EPO judges are already under attack (in a perpetual limbo with a warning sign that's judge P. C.) and early next year they will have moved out, even though the UPC (the unified court -- a threat to their very existence) is definitely not happening (with or without "hard" Brexit).

What does Battistelli envision here? Certainly nothing like the vision of those who actually signed the EPC. Now there's the EU in place (with the EC) and along with that comes EUIPO (a new name or a rebrand for something older). Here they go again, as expected, strutting together hand in hand this morning, boasting a so-called 'study' (link above, but it's epo.org and it's propaganda, so don't bother clicking).

For a moment there, based on tweets like this one, the EPO 'forgot' that it's not really supposed to be part of the EUIPO (trademarks and patents are inherently very different and entirely separable, even if one attempts to lump them together under the propaganda/umbrella term "Intellectual Property", as in the EPO's new headline). Here is what the EPO wrote: "Joint @EPOorg @EU_IPO study confirms the economic benefits of IP rights for Europe http://buzz.mw/b199m_f #IPvalue pic.twitter.com/REJQsJ5NKF"

Here is what EUIPO wrote: "How are #IPR-intensive industries contributing to the #EU economy? Find out in a soon-to-be-released study by #EUIPO and @EPOorg"

"How do existing grantees of EPs feel about the status quo?"For a moment there, again, one can easily be led to believe that those two bodies are conjoined, not just in the staff/management sense (there are overlaps which we covered here before). One might crudely ask, when does Battistelli flush the EPO down the toilet and let the EU-centric EUIPO take over? When all impending applications are over? Layoffs imminent? For a while now we have been hearing about end of proper examination and expectation of large-scale examiner layoffs. Insiders tell us it won't be long before EPO workload/backlog/queue runs dry. What happens then? Two key data points cannot be overlooked here; one is the EPO loosening/ending examination and the other is the massive EPO layoffs that are expected unless there's a dramatic change of course. Yesterday I spoke in length with Mancunian research head (a large local university). We spoke about the EPO and he now compares erosion in patent (EP) quality to rigging of the degree-granting process (undergraduate or postgraduate). How do existing grantees of EPs feel about the status quo? Or about files flying off the shelves and patents getting granted in bulk irrespective of their quality (or only with shallow/superficial checks due to unrealistic deadlines/quotas)? They should be up in arms and demand some kind of refund or compensation from the EPO. They're not even being consulted about this, even though they're the primary stakeholders. Battistelli lowered the perceived value of EPs. He ought to know it. So-called intellectual "assets" of corporations took a massive hit because of him. "Production" he says? Tell that to someone with an actual science degree, not an honorary Ph.D. from a university connected to his buddy from Spain.

"Think of software patents, among other families of patents."A lot of EPO workers rightly feel as though big plans are afoot (other than the UPC, which is a disaster) and nobody has informed them about long-term 'reforms'. Right now they just see their staff representatives and even judges coming under unprecedented (in the entire history of the Office!) attacks.

"Correct me if I am wrong," one person wrote yesterday, "but wasn't the concept of "cheaper patents" (of lower quality) [...] via the UPC?"

Think of software patents, among other families of patents. Here is the entire comment with more complete context:

Correct me if I am wrong but wasn't the concept of "cheaper patents" (of lower quality) part of an integral package including the vital component of "cheaper litigation" (for the big players) via the UPC?

Now that the second part of the formula has apparently been "put on ice" for the foreseeable future it seems that we are going to be left with "cheaper patents" (of lower quality).

But "cheaper" for whom exactly ?

Roll up! Roll up! Get your cheap patents 'ere! One for everybody in the audience !



At the EPO, as another person put it, "to discuss or disclose a procedure is in itself a crime." Here is the full comment:

Don't know if he was/is a union member (DG3 tend not to be), but he was said to have had contact with a staff rep who has since been fired. Whether he did or didn't and whether that was improper or not I don't know - all such allegations are not allowed to be revealed by the parties hence any discussion between them could also have been a disciplinary matter in its own right. Such is the system in place - to discuss or disclose a procedure is in itself a crime.



Regarding the illegally-suspended judge, this one commenter says it should be "enough for him to be re-instated, probably with compensation, however in Eponia... "

It is not actually known what he did as the merits on the case have never been heard. It has been thrown out by the EBoA on at least two occasions due to incompetence and interference by the senior management of the EPO. In any other legal system in the EU this would have been enough for him to be re-instated, probably with compensation, however in Eponia...


"The overpowering stench emanating from the manner in which the Office is being managed and overseen" is noted in the following comment:



When do we expect the decision of the Bundesverfassungsgericht in 2 BvR 2480/10 and 2 BvR 421/13?

Also, could the evident failure of the Office to carry out instructions of the Enlarged Board of Appeal undermine any argument that the Boards are independent of the Office?

The overpowering stench emanating from the manner in which the Office is being managed and overseen could well yet reach the noses of the judges in Karlsruhe.



Another person ponders aloud: "So union representatives were fired for reasons they cannot explain to the staff they represent?"

The full comment:

So union representatives were fired for reasons they cannot explain to the staff they represent? What precludes them to do so, if they are out anyway?

History tells us that the only reason union representatives are attacked by management is that management plans to degrade the staff working conditions considerably: reduce salaries, increase working hours or simply fire everyone and get cheaper staff. Probably present staff members should start looking for another job.

It is not necessarily a bad thing for the customers, by the way. Patents will be cheaper if the staff is replaced by cheaper employees.



Some people then brought up the subject of money, as the EPO reportedly has losses (it's hard to verify this due to the secrecy the Office enjoys). To quote:



What precludes them? A. Any appeal against dismissal would be before the ILO. It is an administrative tribunal I.e. It only checks that the rules were followed. To do something against the rules, no matter how lacking in justice they are, would be a negative point and endanger the appeal. B. To do so would endanger the member of the Board of Appeal as it would provide 'evidence' to be used against him/her. C. The EPO pays the sacked person's pension. That can be reduced by the office so they are still under EPO control. D. The office is also seeking to veto employment after leaving the office employment. Annoying them is a risky idea.

Does that answer your question?

PS Cheaper staff = cheaper patents? Really? Why? Do you think the saving will be passed on? Remember BB has studies that show the office has financial problems. Saving costs may save money but will that not be needed for his problems? I will leave the issue of whether cheaper staff means lower quality means more litigation means more cost - that needs another and deeper analysis.


Judging by his behaviour (e.g. cutting benefits, reducing illness days, short-term contracts to new staff), Battistelli has been acting more like an EPO liquidator (especially of the unions and appeal boards) than a manager. He threw the EPC down the trash and now he throws the EPO down the trash. If EPO workers genuinely want to save the EPO and secure their jobs, then they'll need to overthrow Team Battistelli before it lays them off (which will probably happen given the present trajectory which extinguishes a backlog never to be replenished).

Here is a fiscal optimist (whose claims we're unable to verify):

"We" are making more than 1.000.000 EUR per working day. We are self-financing, not more, not less. Yet, we are making money on a scale that everyone could go on maximum pensions right now, and for the next ten years there will be absolutely no need for reforms. And the last reforms (career) already means a saving of several hundred millions per year in 2035....

Nope, you will not see a single cent of any saved money. You can withdraw and get a full refund on exam fees. That is as far as the AC will go, as that is not their money...



"We are self-financing, not more, not less," says the above. Even if that was true, for how long? Applications are running out! The backlog will will have reached zero in a couple of year. The writings on the wall are pretty clear to some insiders, who believe EPO layoffs are coming. There is even the belief that examiners will be replaced by machines. Whatever goes on at the EPO these days is rather horrific; many things are happening (all of them bad), the future is growingly grim, and anyone who dares speak about it gets fired (or first "disciplined", so as to induce depression if not bankruptcy too).

Will someone ever reprimand battistelli or even fire him? He should have been sacked quite a while back, but nobody seems bold enough to do it, certainly not his pet chinchilla. To close this off with a comment:



What did the guy do to justify all this nonsense?

Lèse-majesté ?

See more on Wikipedia: Lèse-majesté



This link to Wikipedia yields the following image. Picture Battistelli's face on the wall and it will be a perfect metaphor for the way EPO workers feel about Battistelli and how they get treated for their views about the 'king'.

Newton Bull farts

Recent Techrights' Posts

IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
 
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
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?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
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