Bonum Certa Men Certa

Our Assessment: EPO Wants a Lot of Low-Quality Patents and Low-Paid Staff With UPC (Prosecution Galore)

Decapitating the union merely a means for ensuring staff cannot fight back and save their jobs or the integrity of the Office

SIPO and Battistelli Reference: Loose Patent Scope Becoming a Publicity Nightmare for the EPO and Battistelli Does a China Outreach (Worst/Most Notorious on Patent Quality)



Summary: The European Patent Office seems to be less interested in examination and more interested in facilitating overzealous prosecution all across Europe and beyond; The Administrative Council has shown no signs that it is interested in profound changes, except those proposed by Battistelli in the face of growing resistance from staff and from ordinary stakeholders

JUST BEFORE Christmas we used the term ‘SIPO Europe’ to refer to the EPO as Battistelli envisions it. Workers' rights were already appalling (barely existent), software patents were being granted in defiance of the rules and common sense, and Battistelli was making regular visits to China.



The Administrative Council seemed to be reasonably (or sufficiently) happy with the way things were going and was welcoming the UPC in spite of Constitutional issues, among many other serious barriers and antagonism from Europeans. Who were these people serving if not the rich executives of some large multinational corporations? One could not ignore the fact that not ordinary people were being served.

"The Administrative Council seemed to be reasonably (or sufficiently) happy with the way things were going and was welcoming the UPC in spite of Constitutional issues, among many other serious barriers and antagonism from Europeans.""When asked by Ars," Dr. Glyn Moody wrote last year, "the EPO's spokesperson mentioned the imminent arrival of the unitary patent system as an important reason for revising the EPO's internal rules..."

Last night we saw two briefs about EPO patent grants. These got published by Reuters at about the same time [1, 2]. Some companies are obviously excited (and exciting their investors) about EPO grants. What next? Lawsuits and injunctions? With UPC, these would be even easier. Are the patents truly valid at all? Don't count on it. But the appeal boards too are being marginalised. EPs are being loosely granted these days, sometimes after as little as hours of research. This is the result of misguided Battistelli policies and unreasonable pressure levels. Examiners are rightly unhappy. This isn't what they joined the Office to do and it harms the reputation of their employer, which in the long term can leave them unemployed (layoffs are already expected).

“the EPO's spokesperson mentioned the imminent arrival of the unitary patent system as an important reason for revising the EPO's internal rules...”
      --Glyn Moody
Yesterday we saw this new comment about how the EPO is recruiting cheap and usually relatively unskilled/inexperienced labour without benefits/protections/work security, as if they'll become de facto filers rather than examiners, repelling the 'expensive' (i.e. experienced) examiners.

To quote:

It took a while to make something out of the bits and pieces of information coming from all parties. I believe that by now I can make a wise guess about the whole picture. It doesn’t look pleasant for the EPO employees. The EPO is over—recruiting. There’s no work in some departments and yet the directors are “forced” to recruit, as they also have targets to achieve. Strange enough recruited examiners must come from the outside, so internal transfers don’t count for the recruitment target. Old examiners without work and possibility of transfer soon will be hit with warning letters and become under-performers. The most senior examiners must produce more than 100% of the “reference examiner”, whereas the new-comers should produce 80% . It is clear who will go down first. The question was how to get the old guys out of the payroll but this is also taken care for, as there is the “Reserve status” in the Service Regulations. A permanent employee shall be assigned the reserve status if he has became supranumerary.

I would like to question the Administrative Council if they agree with this policy. I would like to ask the Administrative Council if they are willing to deny this and reassure the EPO workers that a major Lay-off is not on the way. I would like to make sure that they know what we foresee and take responsability for their acts and omissions. I would like to tell the Administrative Council that we will always , no matter when or where we are, remind them of what they have agreed to do or by their own volition have done to the EPO and to its’ workers.


In our view, the EPO's management is attempting attack those who dare warn about what's coming, potentially the complete end of patent examination (except perhaps by computers, which can only ever do a shallow and shoddy job).

"EPs are being loosely granted these days, sometimes after as little as hours of research."The following new comment, citing an article we published two days ago, wants Merpel's attention for "documents provided [which] show the continued harassment of the staff representatives". IP Kat has not been covering the topic for a while (just 2 posts in about half a year). It barely even touches anything negative that's related to the EPO anymore, especially since the EPO intimidated them with sanctions (a one-day ban). Here is what the comment said:

Dear Merpel, No doubt, given your interest stated above, you will be following the proceedings revealed in http://techrights.org/2017/02/15/claude-rouiller-ilo-and-epo/ Commentary aside, the documents provided show the continued harassment of the staff representatives with, presumably, the threat of disciplinary measures to follow. For those who have not read the documents or do not know the background, the internal EPO Appeals committee (dealing with staff appeals against EPO decisions) has been held by the ILO-AT as incorrectly formed for a period of years. The response of the AC was to accept a new rule from the President that, in summary, if staff reps did not volunteer to be members, then lots would be drawn. Staff reps, already undermanned, pointed out the infeasibility of this as, by nature of being staff reps, they were usually advising staff filing appeals. To also be on the appeals com (ApC) would of course be a multi conflict of interest since they have client confidentiality and also secrecy involved in the proceedings of the ApC. Nevertheless the President has ignored explicit requests from them not to be part of the ballot and has drawn lots.

We await the outcome but those chosen are in an impossible position and the ILO will almost certainly hear more. What this means for those staff reps is a more pressing concern for us all.


"Amazing," another person called the whole thing, comparing Putin to Battistelli. "Monsieur le President finds ever more inventive ways to blame his victims... thereby providing him with a pretext for victimising them even further. I am beginning to think that even Mr Putin could learn a few tricks from this monster. And to think that the AC does nothing to stop what is going on under their nose. Shameful!"

"In our view, the EPO's management is attempting attack those who dare warn about what's coming..."The problem is that these people have lost their moral compass and they only care about the safety of their short-term career and job security (until the next delegates come along). If the EPO ceases to exist because of their inaction, what do they care? Each to his/her own, selfish and cowardly (or well paid by Battistelli to play along and shut up) to the very end.

Recent Techrights' Posts

How to Identify Demonisation or Dehumanisation Tactics Against Interesting Figures or Luminaries in Free Software
Rather than in general or generally in technology
We Should Learn From Bulgaria
Why can't European companies and government recognise and react to a threat (when they see one)?
Canonical: Ubuntu is GAFAM (US), We're Resellers of American Proprietary Software
They want people to pay for a licence
Links 03/02/2026: "Distraction is a Sin" and Fake "Encryption" (Surveillance With Good Marketing)
Links for the day
 
IBM Falls by Over 10%
a recipe for disasters like accounting fraud
Links 03/02/2026: Windows Copies GNU/Linux, Windows TCO Shown Again
Links for the day
Gemini Links 03/02/2026: Alhena Turns One, Slop Rejected, and Max Roy Carrouges Recalled
Links for the day
Dr. Andy Farnell on Why and How European Authorities Can Adopt Free Software, Parenting in the Age of Digital Abundance
Will Europe use technology that Europe controls (not the hegemon), for a change?
Seems Like IBM Trolls Use Chatbots to Vandalise Platform That Discusses IBM's Secret Layoffs, Forever Layoffs
Not for the first time either
You Know Your Company is Dead or Basically a Pyramid Scheme When Jim Cramer Keeps Promoting Its Stock
How much does IBM pay for "puff pieces" or "fluff" about QC?
Red Hat (Under IBM) Works for Microsoft (Proprietary Software) and Slop
Yesterday Red Hat's official site, redhat.com, published exactly 5 new blog posts
IBM is Dying (More Layoffs), Red Hat Will Continue to Suffer From the Acquisition
Financial engineering
Colombia Adopting GNU/Linux Even Faster (at Microsoft's and Apple's Expense)
Do politics play any role in this?
An Effort to Tackle Slavery in 'Open Source' Clothing
"a civil rights lawsuit to examine the concerns of censored developers in the free, open source software ecosystem"
$15 billion lawsuit: Ubuntu, Google & Debian crowdfunding campaign launch
Reprinted with permission from Daniel Pocock
The Solicitors Regulation Authority (SRA) Delusion - Part II - Why We Need to Expose the SRA to More Daylight, Public Scrutiny
SRA is neither effective nor regulated
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Corporate Influence Never Impacted Us
There's no reason to assume we'll ever "sell out"
Growth of GNU/Linux in Cuba
Right now a lot of the world drafts or already implements a GAFAM exit plan
A Day After EPO Strikes an Escalation to Heads of Delegations to the Administrative Council
They rely on the European media playing along, helping them to hide major blunders, even crimes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 02, 2026
IRC logs for Monday, February 02, 2026
Gemini Links 03/02/2026: Stargazing, Development Boards, and Tcl/Tk Slop
Links for the day
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back