Bonum Certa Men Certa

The Quality of European Patents is Nosediving and Those Who Can Put an End to It (Appeal Boards) Are Controlled by Fear of Battistelli

The boards still lack independence from the rogue regime that Battistelli has nurtured and expanded

Metal pieces



Summary: The EPO is broken beyond repair, as even parts of the Organisation that should in principle be capable of supervising the Office are reduced to subservient elements of 'King' Battistelli

THE quality of patents at the EPO declined sharply. Many insiders say so; they would know, wouldn't they? They are, after all, those under pressure to work faster and more sloppily, often granting or rejecting patents based on a more superficial examination.



"It's a lot better when an application or a patent is found ineligible/invalid early on, albeit that kind of trajectory is becoming rare as workload grows and the appeal boards are further marginalised, threatened, understaffed, and even illegally suspended."Watch this new press release (found today). A company "on Wednesday had received so-called Intention to Grant from European Patent Office (EPO) regarding the company's patent application for Europe" (and beyond, as EPO covers not only Europe).

Is this what "Early Certainty" (i.e. superficial examination) might look like? Or "legal certainty on pending applications," as the EPO euphemistically calls it? Here is yet another example of patents in this week's press releases [1, 2, 3]. "The EPO upheld a decision that found the patent to be invalid," it says. It's not unusual for European patents (EPs) to be found invalid some time down the line these days. Each time a patent is granted in error the outcome would be innocent people (defendants, the public etc.) being punished. It's unjust. It's a lot better when an application or a patent is found ineligible/invalid early on, albeit that kind of trajectory is becoming rare as workload grows and the appeal boards are further marginalised, threatened, understaffed, and even illegally suspended.

Yesterday, on the 1st of February, Matthew Fletcher from Abel & Imray wrote about the Enlarged Board of Appeal and his colleague Paul Brady wrote about the Enlarged Board's recent case, which IP Kat mentioned as well (as the referral got published). To quote the detailed analysis from Abel & Imray:

Has The EPO's Enlarged Board Detoxified "Poisonous Divisionals"?



In G 1/15, the EPO's Enlarged Board of Appeal was asked to clarify the position regarding the entitlement to "partial priority". A key issue was whether it is necessary for subject matter to be defined as alternatives in a claim in order for the claim to be entitled to multiple priority dates.

While the full decision in G1/15 is not yet out, the Enlarged Board has issued an order to the effect that the only aspect that needs to be considered is whether the subject matter claimed is disclosed in a priority document. This possibly more liberal approach to partial priority may be good news for many applicants.


"Under the EPC," IP Kat wrote, "entitlement to partial priority may not be refused for a claim encompassing alternative subject-matter by virtue of one or more generic expressions or otherwise (generic "OR"-claim) provided that said alternative subject-matter has been disclosed for the first time, directly, or at least implicitly, unambiguously and in an enabling manner in the priority document. No other substantive conditions or limitations apply in this respect."

"We are growingly pessimistic about patent quality at the EPO and so are stakeholders of the EPO, based on a new survey."What we are basically seeing here is lenience being expanded/broadened, thanks perhaps to boards that are under growing pressure from Battistelli and his thugs not to "interfere" with "production" (i.e. devaluation of patents for artificial growth).

We are growingly pessimistic about patent quality at the EPO and so are stakeholders of the EPO, based on a new survey. They want Battistelli out, but Battistelli is guarded by a Chinchilla of a person (who is otherwise supposed to boss him). Chinchilla Man of the Administrative Council actually played a role, at Battistelli's behest, in trying to get a judge fired. It serves to show just how crooked the whole Organisation has become. ⬆

Recent Techrights' Posts

Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
 
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs