Bonum Certa Men Certa

Battistelli's EPO is Under Fire From Major Applicants for So-called 'Early Certainty' (Low Quality and Rushed Patent Examination)

Not worth the money anymore

Biotechs concerned over EPO rules



Summary: Growing unrest from EPO applicants and harsh position papers are on their way, expressing disapproval of the direction the EPO has taken under Battistelli's appalling leadership (which 0% of the stakeholders recently polled approve of)

INSIDERS from the EPO are rightly concerned that quality control at the EPO is not only declining but may eventually lead to a French style system where all applications are just shelved and presumed valid. EPO stakeholders, who have evidently grown tired of Battistelli and very much upset at the direction the EPO has taken, finally speak out, just as their attorneys did. There was an article about it some hours ago (screenshot above) and here are some snippets from it:



Biotechs concerned over EPO rules



Gavin Recchia, Principal at Australia’s large IP attorney firm Davies Collison & Cave told European Biotechnology that the so-called Early Certainty on Examination “may well have the unintended consequence of reducing the filing of life sciences patent applications in Europe”.

[...]

European experts had carefully criticised the Early Examination plans earlier. Now, sources told European Biotechnology that the German biotech association BIO Deutschland and the European Federation of Pharmaceutical Industries and Associations (EFPIA) will come up with position papers soon. According to leaked information, the lobby groups will propose to the EPO to establish an option to de-pace the accelerated examination on request in order to grant early legal certainty on one hand but also to prevent potential downsides of the new rules to the life sciences sector.


This indicates that some major action is poised to start. What will Battistelli have to say for himself? He ruined the EPO in order to fake "production" and he tarnished the reputation of every single EP in the process. The whole well is muddied. The certainty associated with the validity of European patents (EPs) is no more.

"What will Battistelli have to say for himself? He ruined the EPO in order to fake "production" and he tarnished the reputation of every single EP in the process."Battistelli actually does have something to show. This Cambodia thing which was more like a joke/farce is resurfacing again today, this time courtesy of Schmitt & Orlov with some more 'copypasta', just like the two articles we saw in the Cambodian press. "Sources https://www.epo.org/" says this so-called 'article' at the end; they're like parrots of cheaply-made PR, sourced from the incompetent PR staff of Battistelli. We just can't help wondering, why do some patent firms still prop up this nonsense? Yesterday it was Shelston IP doing it and now Schmitt & Orlov. Can't they see how truly and utterly ridiculous this whole thing is? For EP holders to be able to go to Cambodia? Because they can enforce their patents in Cambodia, a country with no EPs at all, some time later this year (summer)?

The one thing Battistelli attempted to market (perceptual promises, always in vain) was the UPC, but there will be no unitary effect any time soon (if ever!). Dr. Luke McDonagh is planning to explain why, having already written a great deal about the subject, including a whole book. The subject is to be explained in London tomorrow (or technically, as per local time, later today). Here are his thoughts:

One of the most pressing questions that remains unresolved regarding Brexit and IP concerns a centrepiece of EU innovation policy – namely, the ongoing process for setting up a single unitary patent (the EP with unitary effect) and a Unified Patent Court (UPC) common to participating EU member states (including, at least for now, the UK).

[...]

So far, 25 out of the 28 EU member states have agreed to join the UPC, with Spain, Poland and Croatia the only ones not participating. Until the Brexit referendum, the UK seemed to be well on the way to full ratification of the UPC. Indeed, for the past four years the UK government has been making plans to host one of the new court’s central divisions in Aldgate, east London, where a building has already been leased in preparation for the new court’s establishment and mock trials have taken place.

What is crucial in the Brexit context is that even though the UPC will have its own jurisdiction to rule with respect to most patent issues – like the infringement of patented drugs – it must defer to the CJEU in a small number of areas of EU law, such issues arising under the Biotech Directive or matters relating to Supplementary Protection Certificates. In line with this, the CJEU in Opinion 1/09 held that only states that accept the supremacy of EU law and the jurisdiction of the CJEU may sign up.

[...]

One final point – the fate of the UK’s continued participation in the unitary patent scheme remains less certain. The UP, unlike the UPC, is created by an EU regulation, and there is no way to consider it a purely ‘international right’ (although the existing EP granted by the EPO would fit this definition). Accepting the UP would require a more extensive assessment of EU law and as yet the UK government has not given us any clues as to its intentions. It remains possible that the the UK – post-Brexit – will stay within the UPC but not the UP.


In summary, EPO applicants receive EPs that are of low quality, are generally overpriced, have no unitary effect, but may be enforceable in Cambodia later this year. For those who don't know, Cambodia is one of the poorest countries in Asia.

And some people still wonder why and how the EPO became Europe's (or the world's) laughing stock? ⬆

Recent Techrights' Posts

No Noticeable Libera Chat Exodus After Code of Censorship (CoC) Scandal Earlier This Month
Libera Chat pissed off some people by unmasking the CoC's real purpose
The Local Staff Committee Munich (LSCMN) Speaks of Deterioration of Working Conditions at the European Patent Office (EPO)
"At least 3 days per week in the Office for an allocated office"
 
Links 15/10/2026: ALPRs Are Mass Surveillance, GAFAM Front Group ('New' EFF) Asks the Wisconsin Supreme Court to End Warrantless ALPR Searches
Links for the day
IBM RAs: "It's on Me"
IBM has no respect for the workers and it tries to hide the layoffs
Gemini Links 15/10/2026: Literature, Funerals, and Devices
Links for the day
The Efforts to Criminalise Opposition to a Ponzi Scheme Sold as "Super Intelligence" (Plagiarism Engines, Disinformation Generators)
Cops are becoming combatants for slop bros, i.e. they use power to promote a Ponzi scheme
Clownflare Sees Most Requests in Africa Coming From Android (Linux)
Android is the dominant platform
IBM's "RA Season" is Nearly Upon Us, But Tens of Thousands Are Already Marked for Removal With PIPs (as "Low Performers")
IBM is a dying company
Microsoft Has Confirmed It Had a Plan to Cut Azure (or Azure Costs) by 20%
So basically... yes! Microsoft did have a plan to slash Azure.
Red Hat Silent Layoffs Seem to Carry on Throughout This Month
How much longer will these silent layoffs (e.g. PIPs) carry on for?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 14, 2026
IRC logs for Wednesday, October 14, 2026
Netflix and Its Newest Rival Carry 100 Billion Dollars in Debt
What sort of economy is this?
Egypt: GNU/Linux Still Measured at About 5%
Egypt is a prominent African nation and economy
Gemini Links 14/10/2026: Time Allocation, English as a Fourth Language, and "Reading News Sources" in Geminispace
Links for the day
DRM Giant Announces Giant Layoffs (Netflix’s Debt is Huge)
It's not like operational costs are decreasing, they're climbing fast.
Intercontinental Brigading - Part III - Reporting Harassment From America to British Police
Why are they so hostile towards (and afraid of) cops?
Gemini Links 14/10/2026: GemPub, Randogoth Forge F-Droid Repo, Oddμ, and Kolibri
Links for the day
Bluewashing as Silent RAs: A "journey that began at Neudesic [...] and continued as part of IBM" inevitably came "to a close"
IBM can be antagonistic and reckless with whatever it buys
Links 14/10/2026: Houthi Attacks on KSA and Airstrikes Near Sudan-Egypt Border
Links for the day
No Coronation for 'Cocaine King' Campinos (Not Yet Anyway)
A flash update suggests perils exist and we must all wait until December as the position for EPO President may open
In Reddit, Moderators of IBM Subs Are Allegedly on IBM's Payroll (IBM Can Censor Discussions About IBM)
There also seem to be PIP layoffs in India
If Worthless Companies Are Valued at a Billion Dollars in the Slop Industry, Then What Is the True Worth of 'Trillion-Dollar' Companies?
Definitely not a bubble!
It Sounds Like Microsoft Plans to Lay Off Over 2,000 Azure (Microsoft) Workers as the Datacentre Business Brings Nothing But Epic Debt
Trillions in losses is not a solid business plan
IBM's Anderon is Like Theranos, But Will Anybody at IBM or Anderon Be Imprisoned for This Billion-Dollar Scam?
Will anyone ever be held accountable for it?
Microsoft XBox Won't Survive, Microsoft's CEO for This Perishing Business Turns to Slop
What the founder or father of XBox said about Asha Sharma earlier this year turns out to be accurate
Links 14/10/2026: So-called 'AI' Giants Go Bankrupt, "Military Will Hack the Election"
Links for the day
Indoor Season
we have more planned in order to improve navigation, accessibility, and workflows
Microsoft Demands That Staff Keeps Silent About the Mass Layoffs
Way to cause anger and ensure whistleblowers will go to the media
Microsoft Has Had Mass Layoffs in Azure Every Year Since 2020 and the Bleeding Continues Because It Misreports Earnings There
This is a bad week for Microsoft
Microsoft's International Mass Layoffs (Asia, Europe, Africa), Now Vietnam
A crisis that Microsoft is unable to hide
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 13, 2026
IRC logs for Tuesday, October 13, 2026
Gemini Links 14/10/2026: Ceiling Fan, Fascism, Democracy, and Slop Being a Huge Bubble
Links for the day
Reports of Stress and Layoffs at Microsoft, Some People Laid Off Under the Guise of "Ban" (Gift From the Administration) and Many Sacked in India
"pip and gvsa" layoffs in India
ITwire Became Slop and Spam
The site still exists, but it's not what it used to be
W3C Died 20 Years Ago, Now We Live in a Post-W3C Era. Linux Foundation is 'Slop Bros', Now Linux is Becoming Unfree.
Torvalds is on the same side as Epsteingate
We're Way Past the Point Where Companies Announce or Declare Mass Layoffs
Layoffs are becoming hidden
Linux Kernel to Hide the Slop to Avoid Backlash, Suggestion Made by Former Microsoft Employee While Another Former Microsoft Employee is Worst Slopper/Culprit in Linux
Did Torvalds listen to slop antagonists?
Solicitors Regulation Authority (SRA) Besieged by Blind Justice UK, Politicians Increasingly Involved
"Today we have written to Members of both Houses of Parliament"
Vance Has Helped Microsoft Implement Secret, Silent Layoffs
Nothing excites Microsoft more than means by which to discard many employees without an obligation to tell shareholders about it
To The Register MS, Microsoft is the Only Brand That's at the Main Menu!
Consider that the Editor of The Register MS is a longtime faithful Microsofter
Microsoft's Collapse Will Continue, It's Drowning in Debt Now
Expect many more mass layoffs
Legal Self-Sufficiency
The more impact our work has, the more legal bullying will come our way
Plans for Winter in Manchester and London
From many perspectives, we're satisfied with the certainty and robustness of UK hosting, it's just that we're not yet robust/resistant enough to DDoS attacks
Customer Support Experience in 2026
Because the customer is never right
Microsoft Shutdowns in Africa, Mass Layoffs Also Reported This Week
further shutdowns
Links 13/10/2026: More Plagiarism Lawsuit Over Slop and AirAsia Needs State Help
Links for the day
Intercontinental Brigading - Part II - An Outline of This Series
What's to come
Gemini Links 13/10/2026: Dopamine Nation, Planner and Fatigue, and Moderators
Links for the day
Links 13/10/2026: Norway Fines Microsoft and Cops Can Creep on Airbnb
Links for the day
When Computers "Expire" Because Certificates Expire
People who promote Restricted Boot are liars. They lie for a living.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 12, 2026
IRC logs for Monday, October 12, 2026
Gemini Links 13/10/2026: Modern Science, Joplin, Luddites, and Lots More
Links for the day