Bonum Certa Men Certa

The Former Chief Economist of the EPO Warns That Battistelli's Implicit Policy of Lowering Patent Quality (for Quantity) Will Bring Patent Trolls to Europe

In the US, for example, it's widely known that trolls rely a lot on software patentability

Nikolaus Thumm



Summary: Another piece of evidence or a European Commission report (akin to that of GAO in the US) which demonstrates that Battistelli's policies would bring patent trolls to Europe

TOMORROW (in Techrights) will be all about the USPTO -- a system so severely ruined/tainted by patent trolls that it's widely regarded as the model not to follow, yet the EPO is trying to become more like the USPTO (before the ongoing reforms which actually repair the USPTO). Nowadays, under Battistelli, the EPO even markets software patents.



Today's EPO is in shambles because of Battistelli's coup which removes people who openly don't agree with him, terrifies people who secretly disagree with him, and installs (in power with astronomical salaries) many of his cronies, usually from France/INPI. Battistelli has made the EPO a laughing stock and an embarrassment to Europe. Not too long ago Team Battistelli added a French Chief Economist (Yann Ménière) who seems more or less like a Battistelli "yes man" or Pet Chinchilla ([ref 96056 reference here]) who will be speaking for the EPO in Australia pretty soon (we mentioned that a few days ago).

What does the previous/former Chief Economist think? Obviously something very different. He no longer needs to be a Battistelli "yes man". His salary does not depend on it.

When EPO mouthpiece and patent maximalist IAM does not gloat about Clinton (who is a large corporations' tool and a corporate front) because of her stance on patents it actually mentions the position of the EPO's former Chief Economist. Put another way (without IAM's spin), the EPO under Battistelli is evidently brewing or creating an epidemic of patent trolls. They will soon come to Europe as well, more so if the UPC becomes a reality. Here is what IAM wrote:

The continued issuance of high quality patents is the key to preventing the widespread activities of troll-like patent assertion entities in Europe, a new report from the European Commission’s Joint Research Centre has concluded.

Based on work undertaken by a team led by the centre’s senior fellow Nikolaus Thumm, a former chief economist of the European Patent Office, Patent Assertion Entities in Europe. Their impact on innovation and knowledge transfer in ICT markets takes a detailed look at the activities of PAEs in Europe and explores how these may develop under the Unified Patent Court regime. In addition to ensuring high quality patents, the report also recommends that policy makers focus on enabling transparency around patent ownership, ensuring excellence at the UPC and providing more clarity around FRAND licensing and standards essential patents.

“The institutional and legal framework in Europe has not allowed the more negative consequences associated with PAEs to materialise to the same extent that it has, according to some economic literature, in the US,” the report states. “Moreover, some of the negative consequences that we have identified are currently hypothetical and are based on stakeholder evidence which could be susceptible to bias.”


Responding to a patents maximalist (who wrote: "Is this an evidence-based conclusion or just wishful thinking from people outside the patent system who don't understand it?"), IAM noted: "Report was compiled under the leadership of former chief economist of the EPO, who knows patent system pretty well!!"

The former Chief Economist of the EPO, in that case, essentially warns that patent quality declining (what the EPO does under Battistelli), if this continued, would be a boon to trolls. Battistelli is the trolls’ friend. Does he mind? Does he even know? The man is patently clueless and dangerous.

Here is what IP Watch wrote about the same news:

A new report by respected economists under the European Commission has found that problems of patent assertion entities in Europe could be better controlled if patent quality stays high in the region. It also found that the majority of patent assertion entities in Europe have focused on vulnerable targets – mainly in the telecommunications sector - and the report provides significant research on such entities operating in the European Union. The findings shine light on the key role of standard essential patents, with suggestions for policymakers and predictions about the impact of the prospective changes to the European patent system.


Looking at MIP, we haven't yet found coverage of it (maybe we'll find some later), but it did say that "[p]atent prosecution is taking place against a backdrop of the press claiming many patents should not have been issued, allegations that patent examiners shirk their responsibilities and the technology industry being exasperated by the Alice aftermath" (actually, Alice is improving patent quality, which is good).

MIP separately noted that the "cost of global filing quickly climbs into the multi-hundred-thousand dollar range."

Put another way, patents are for the 1% only. Only the super-rich can afford them. It helps the SMEs in no way whatsoever. In light of this, watch how another site has just fallen for the bogus 'study' from EUIPO and the EPO, joining the ranks of few others who parroted the lies [1, 2]. To quote from the article:

IPR-intensive industries generated more than 42% of the EU's economic activity in the period, with the total value of that activity amounting to €5.7 trillion. The majority of EU trade with the rest of the world also stemmed from IPR-intensive industries, the report said.

EPO president Benoît Battistelli said: "Our second joint report confirms the benefits of patents and other IPRs for the European economy. Intangible assets are increasingly important for innovative companies today, especially for SMEs, but also for research centres and universities. We again see that this has a positive impact on jobs, growth and prosperity. But in order to remain competitive in the global economy, Europe needs to encourage even further the development and use of new technology and innovations."


These are lies right there in the numbers (even MIP refuted these numbers 3 years ago) and in the statement from the Liar in Chief, Benoît Battistelli. It has nothing whatsoever to so with SMEs. These are the same utter lies which he used to promote the UPC. With patent trolls imminent and already arriving at London (because of his policies that opened the floodgates to crappy patents), those who will suffer the most are European SMEs.

Battistelli is a truly destructive man whose remembered legacy should be that he practically killed the EPO or put it in a death spiral, along with Europe itself. Where's Wallonia when we need it so badly?

Recent Techrights' Posts

IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
 
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026
SLAPP Censorship - Part 104 Out of 200: Exactly Two Years Ago Brett Wilson LLP Humiliated or Weaponised Our Solicitor's Judaism in an Effort to Censor and Gag Us
dated 12/06/24
Half a Year Since Slopwatch Died
To Google's credit, it did manage to delist a lot of slopfarms in recent months
Links 12/06/2026: Science, Windows TCO, and More
Links for the day
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy