Bonum Certa Men Certa

Does the EPO Want Patent Quality to Decline Against the USPTO and Become Akin to SIPO?

Anything goes with crooked management like this...

MoU signed by Bergot



Summary: The EPO, which is trying to convert a patent system into a cash cow rather than a public service, risks losing public support and an applicants base (where it hasn't lost it already)

PATENT quality and scope (inherently similar things) have been a concern of ours predating Battistelli at the EPO. There just doesn't seem to be the same aspiration to quality that there used to be. It got even worse under Battistelli (compared to Brimelow and her predecessors) and the Administrative Council, a bunch of spineless chinchillas, just doesn't seem to genuinely care. It mentions "quality" every now and then, yet it takes no practical steps to assure it. The last meeting of the Administrative Council barely even brought up the subject and the next one, which is just weeks away, seems unlikely to even have it on the agenda. Battistelli continues to rely on his propaganda mill, IAM, to deny the issue with dubious surveys.



“After the US patent office ruled against the University of California in its battle for key patents on the CRISPR-Cas9 genome editing technology last week, UC put on a brave face.”
      --California Healthline
As people who read this site closely enough (not just EPO matters) would have noticed, the USPTO aided by the AIA gifts (notably PTAB) is growingly picky and selective on CRISPR -- essentially patents on life. Read this new article titled "University Of California Faces Uphill Climb In CRISPR Appeal". To quote: "After the US patent office ruled against the University of California in its battle for key patents on the CRISPR-Cas9 genome editing technology last week, UC put on a brave face. It might appeal the decision, it told reporters. It might settle for the patent it originally filed for, in 2012, and live with the fact that the Broad Institute, which prevailed at the patent office, gets to keep crucial patents that UC challenged. Unfortunately for UC, a public institution that could really use royalty and licensing revenues from CRISPR patents, experts in intellectual property suspect that even its fallback positions are no more solid than shaving cream."

"How many more patent applications will the EPO receive in the long run when attorneys need to tell clients that the EPO has gone awry?"Other publications too wrote about it this week [1, 2], as did we. Just see our Wiki and some of the latest things we wrote about the topic, culminating in PTAB's actions against CRISPR [1, 2, 3] (last covered yesterday). A couple of days ago we received an alert about this press release titled "European Patent Office To Grant CRISPR-Cpf1 Patent To Broad Institute, MIT, And Harvard University" (disappointing).

So the USPTO and PTAB make sceptical moves towards or against CRISPR, but the EPO under Battistelli (where examiners are under stress and are urged to reject of grant everything, as fast as possible, without sufficient research) does the opposite. What are applicants supposed to think? Yesterday I spoke to a highly-ranked university professor about this. He seems to be aware of what goes on at the EPO and he has informed his university. How many more patent applications will the EPO receive in the long run when attorneys need to tell clients that the EPO has gone awry? Job applications (and quality thereof) have already nosedived. How many applicants out there already prepare to just pursue patents at the national patent offices (NPOs)? We've heard from a few.

To quote from the press release: "The European Patent Office (EPO) has announced it intends to grant its first CRISPR-Cpf1 patent to the Broad Institute, MIT, and Harvard University, based on a patent application filed in June 2015."

Intention to grant and actual grant are not the same thing. Is this some sort of "early certainty" thing? Where people make decisions before they actually make decisions? Or make semi-official determinations without actually doing the work involved? This is Battistelli's legacy. There are many other bad legacies, including a plethora of abuses and one might say "corruption". Yesterday the EPO wrote about EPO procurement, telling people nothing about dodgy contracts and lack of tenders at the EPO. Also yesterday, the EPO said: "Join us on Wednesday for our free webinar on recent & upcoming law changes in India!"

"If firms take these patents to court and then find out that these patents are worthless (and invalidated on the spot), what good is the EPO's service to them?"Well, India has rejected software patents, whereas the EPO defies EU decisions if not orders to reject them. What does that say about the EPO? An entity above the law, no doubt! What can ever stop it? In Europe, pressure at all levels has perpetually attempted to stop the EPO's software patents (erroneous grants) and where has it gotten us? Battistelli is doing whatever he want. In India, by contrast, the pressure from the politicians and large corporations is to actually grant software patents, but the patent office managed to skirt them off or drive them away (time after time over the years). The Indian patent lobby, writing in IAM right now (a patent maximalist and his colleague Sunil Kumar Tyagi), offers tips for bypassing limitations. We recently wrote how India had adopted a process for speeding up applications of those with deeper pockets (the EPO did this first) and this one says: "Most patent applications in India are granted after amendments are made to the patent claims; there are few cases in which patent applications are allowed with no claim amendments. To speed up the examination process, claims can be amended on a voluntary basis or in response to objections raised in an examination report. This means that applicants can either file a request for voluntary amendment along with the associated fee or wait until the examination report is issued."

We certainly hope that whistleblowers inside the EPO will share stories with us about the decline of patent quality at the Office, with or without intent to make the information public (some people already tell us about this, but we cannot make public any of the details as that might jeopardise these sources). Dissent is strong inside the Office, partly because insiders believe they are being pressured to hastily grant patents they would not otherwise grant. If firms take these patents to court and then find out that these patents are worthless (and invalidated on the spot), what good is the EPO's service to them? For small companies, scenarios such as these can render them insolvent as patents are expensive to pursue and maintain (renewal), never mind the legal fees associated with litigation.

Comments

Recent Techrights' Posts

Omarchy is Already Dying
Same as the life cycle of slopfarms
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
 
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026