Bonum Certa Men Certa

Patent Maximalism is Destroying the European Patent Office (Just a Paperwork Assembly Line), Exile of Boards Ensures No Turnaround

...And the Administrative Council allows this to happen, knowing darn well the consequences

"Shallow understanding from people of goodwill is more frustrating than absolute misunderstanding from people of ill will. Lukewarm acceptance is much more bewildering than outright rejection." ~Martin Luther King, Jr., 16 April 1963

LANDBRUG photo



Summary: The EPO is racing to the bottom of patent quality and the last resort, the Boards of Appeal, are being destroyed by Battistelli, who attempts to make this destruction appear like "improved independence" while the Administrative Council, led by Battistelli's Pet Chinchilla, condones these outrageous moves or simply abstains rather than object (ruinous passivity)

THE EPO keeps following the footsteps of the old USPTO -- the patent office in which there was only one goal: maximalise profit (for the Office). The inherent problem with this misguided strategy is that it's short-term (and thus quite likely short-lived), as applicants sooner or later realise that their patents are being devalued and that the newer patents are not even worth pursuing. Too much of everything or too much of anything has a stigma or proverbs associated with it in many languages/cultures.



Watch this latest nonsensical piece of patent maximalism seeded by the EPO and EUIPO for cheap PR. The EPO is so proud that someone reprinted these lies -- lies that even Managing IP refused to accept several years ago. Deloitte has also just released similar propaganda in the form of a press release. These people view the whole world in terms of patents (or so-called "Intellectual Property", which also includes trademarks and other laws). "Industries that use IPR intensively have a huge impact on the economy, study shows. Here are the key findings," the EPO wrote this week, repeating some of this whole nonsense. They try to take credit for every single segment of the science and technology world!

"Too much of everything or too much of anything has a stigma or proverbs associated with it in many languages/cultures."In reality, the EPO needs the appeal boards and it needs outside (independent) auditors of patent quality. Sadly, Battistelli is allowed by his Pet Chinchillas at the Council to just demolish these boards, little by little, step by step. The EPO under Battistelli already rejects the law and doesn't give a damn about what the European Parliament says, so much so that, as Benjamin Henrion put it today: "EPO software patent guidelines have been updated, they keep using the term "computer-implemented inventions" https://is.gd/U8GQmj" (this is a new publication from a British site).

Yet again, as a matter of fact, the EPO is pushing software patents that are against the EPC and the Parliament's determination. This is happening every week these days, i.e. a lot more frequently than before. We have campaigned on this subject for a very long time (I have personally done so longer than this site's existence) and this week comes yet another lie from the EPO (namely that people need no special software to apply for a patent, clearly a fallacy). Also this week we see the EPO using EPOPIC as yet another opportunity to distract from abuses, retweeting stuff like [1, 2].

"Why is the media no longer covering internal EPO affairs?"How many people are even aware of what goes on inside the EPO? As one insider put it (illustrating it visually too): "This is how it feels like walking through the EPO corridors in 2016" (see the image and the responses there). Why is the media no longer covering internal EPO affairs? Have intimidation tactics worked? Why do insiders need to submit anonymous comments in some thread from almost 5 months ago? One such comment says: "The EPO is for sure a magic place with its 365 day/year Halloween, leave-no-trace social conferences and its alien AC support forces. Happy Halloween!"

"As a side effect, more of the EPO money is leeched towards Germany," another person wrote about the relocation of the boards to Haar:

Re. Art. 36 EPC (weighing of votes): Germany did not vote no in the Budget and Finance Committee... I assume, Munich is happy that another building is now in use, thus earning taxes. As a side effect, more of the EPO money is leeched towards Germany.

Without the German vote, the weighing will be very close against the mass of smaller countries coming to the Administrative Council meeting in December (meeting 150! time for a fancy dinner!).


Here is a very detailed comment about what happened in the meeting behind closed doors:

Yes the German delegation seems to be playing a double game here. During the June assembly they did not make any criticism of the planned move.

The only delegations that criticised or questioned the proposal were as follows.

Switzerland "The boards' location falls within the EPO President's powers. In the redesigned framework, the BOA President would also play a role, by drawing up their budget. Only via the budget can the Council exercise direct influence. So this is not a formal request either; we are merely pointing out that in our opinion the boards' location has no bearing on their independence. The Swiss delegation is therefore not prepared to agree to any spending on relocating the boards, and suggests leaving them where they are."

Ireland "Relocation: Ireland believes that a separate location for the boards of appeal is neither justified nor required. Users have already expressed the view that the boards are considered to be independent from the rest of the Office and the fact that the boards are physically located in the Isar building does not impinge on their independence. It seems that even a relocation within Munich would give rise to unnecessary expense and my delegation cannot see that the expenditure associated with such a move could be justified."

Austria "As far as relocating the boards was concerned, those most immediately affected, i.e.BOA members and users, would have to agree. And the cost – even in the Munich area – would also have to be taken into account."

Netherlands There was no point relocating the boards, as proposed in Section C of CA/43/16; this would merely waste money.

Slovakia "The Office's relocation proposal was certainly better than the original one, but even such a move should still be presented to the Budget and Finance Committee for opinion, because it would cost a lot of money."

Czech Republic "Lastly, on the relocation issue it agreed with earlier speakers. This was more an internal management issue, and should be uncoupled from the independence question. But if the majority was in favour of a move, it would oppose it."

Bulgaria "Relocation did not seem essential, and the costs involved should be looked into."

Denmark "Lastly, it was certainly not convinced that relocating the boards – whether in Munich or the vicinity – would make them look more independent."


As we predicted years ago, the EPO is rapidly losing top talent and is becoming a paperwork pipeline (look at the recruitment standards), without much/any science in the mix. See these two new articles [1, 2] that show us in what ways the EPO is 'evolving'. Brain drain continues, but the priority now seems to be more paperwork. Nicely done? Painful, covert way to kill any joy and pride associated with a job at the EPO?

Unless something is done to undo the coup, the EPO will end up like the chinchilla shown at the top, dissected and skinned for whatever profit may be in it.

Recent Techrights' Posts

Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
 
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
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026