Bonum Certa Men Certa

Everyone, Including Patent Law Firms, Will Suffer From the Demise of the EPO

And those bearing the most brunt are probably European businesses, which will fall victim to litigation over dubious patents

Too Much of a Good Thing Can Be Bad
The quality of patents matters, as too much of a "good thing" -- as the saying goes -- can be disastrous.



Summary: Concerns about quality of patents granted by the EPO (EPs) are publicly raised by industry/EPO insiders, albeit in an anonymous fashion

"It is clear that this blog has been exposed to [EPO] pressure and had ceeded to it in the past," said one comment to IP Kat readers, after the blog had announced it would stop covering EPO scandals. "The present [EPO] management has reduced the EPO to a money printing machine which suits most applicants and more so representatives just fine."



So there is finally growing consensus on the EPO's management being reduced to just a bunch of greedy people turning the Office into "a money printing machine" (and personal cash cow)? Even if that means that this will kill the Office not too long from now? The emerging consensus regarding the EPO is that its management is a "swamp" that needs draining. Here is the curious comment:

Really it is not too much of a pity that the feline is no longer reporting one what is none of its concerns. It is clear that this blog has been exposed to pressure and had ceeded to it in the past. Non-profit or not, this is a blog run by patent attorneys. The conflict at the EPO is a social question of labour law and human Rights. Here you find patent and TM and copyright attorneys, not experts in interational labour law or human rights. At most educated amateurs, in any case interested ones, It shows how desperate the staff of the EPO has got to be to look and in appearance find support by their natural adversaries. As it is not dignified for the EBOA to publish their decisions on Wikipedia it is not dignified for public officials to publish their concerns on a blog like this. The appropriate fora are others, e.g. that of the SUEPO and maybe even techrights. The applicant's are not the customers of the examiners they don't pay their salaries, fees are not prices, their interest is dialectically and diametrally oppossed and should remain so. Applicant's by default are not interested in quality. The present management has reduced the EPO to a money printing machine which suits most applicants and more so representatives just fine. The vast majority of their income comes from prosecution before offices not before courts Risk of litigation nullity etc are theortical issues. A negiglible fraction of granted patents either get legally enforced or challenged. The reasons for holding a patent are different. Tax optimisation, balance sheet cosmetics and some even less noble aims. Examiners on the contrary work for the public. They protect the intellectual property of the public, not that of the applicant. A fair fraction of them is not even European and hence not a stakeholder in a European organisation.


“No real checking of quality is done” at the EPO. So says the following comment:

I fulhheartedly agree.

As chair I see a decline, as OPPO member I see a decline, and it all boils down to second and chair not having the time to actually check the work. The search checks (which get ISO 9001 recorded) are positive, because the time allowance is such, that you cannot do much more than understanding the subject-matter of the application, and see what was done, and click through the forms. No real checking of quality is done. 2h is really on the short side, at least in my field... But then, quality is very subjective here..

A previous president, Mr Kober, took a stack of search file, had them duplicated so that another search examiner could do exactly the same file. He expected in most cases the same documents to be cited. This turned out to be illusionary. But, the same application with different searches had different documents, but the differences in which dependent claim may be positive was negligible. Different reasoning, same result. I fear, this would not be the case anymore, if the same exercise was repeated. Also because the new search tools would find the very similar first done search, and the second search examiner would build on that or even stop the search there....


One person rightly took issue with the supposition that "attorneys and EPO staff are 'natural adversaries' and 'their interest is dialectically and diametrally oppossed [sic] and should remain so'." There's a distinction to be made between attorneys and law firms, and moreover between the patent microcosm (or maximalists) and people who are in it for the science. To quote the explanation:

I must remember this next time I chair an opposition. Now, how do I manage to annoy both parties so that they both feel persecuted?? Once more, a comment says far more about the writer. As an examiner, my only aim is to examine applications based on the EPC. I may get it wrong - in either direction - but there really is no interest here in opposing you just for the fun of it. Under the current regime, I stand to gain a lot more from being as generous to you as possible (within the EPC). As for oppositions or appeals, the idea that the judges are adversaries of every attorney is worthy of far wittier analysis than I can muster.

Best wishes for your future dealings. Trust me, we really have never been out to get you (yes, I know, I would say that...)


Looking at the USPTO right now, patent quality has improved. It's moving in exactly the opposite direction (opposite from the EPO's). Very soon it might turn out that, based on the Supreme Court, patent maximalism will regress even further. Here is what the EFF wrote regarding Impression Products v Lexmark International the other day:

Today, the Supreme Court heard arguments in a case that could allow companies to keep a dead hand of control over their products, even after you buy them. The case, Impression Products v. Lexmark International, is on appeal from the Court of Appeals for the Federal Circuit, who last year affirmed its own precedent allowing patent holders to restrict how consumers can use the products they buy. That decision, and the precedent it relied on, departs from long established legal rules that safeguard consumers and enable innovation.

When you buy something physical—a toaster, a book, or a printer, for example—you expect to be free to use it as you see fit: to adapt it to suit your needs, fix it when it breaks, re-use it, lend it, sell it, or give it away when you’re done with it. Your freedom to do those things is a necessary aspect of your ownership of those objects. If you can’t do them, because the seller or manufacturer has imposed restrictions or limitations on your use of the product, then you don’t really own them. Traditionally, the law safeguards these freedoms by discouraging sellers from imposing certain conditions or restrictions on the sale of goods and property, and limiting the circumstances in which those restrictions may be imposed by contract.


We wrote about that last year. A Justice who was involved in Alice and is now involved in this case (Stephen Breyer) seems likely to reduce the scope and magnitude of patents, which is why maximalists have been attacking him lately.

Recent Techrights' Posts

From Datacentres Boom to Actual Booms That Target Datacentres, Now Struggling to Justify Humongous Energy and Water Consumption
Datacentres that are used for mindless "entertainment" (as Microsoft calls it) like slop are not a priority at this time
Gemini Links 07/04/2026: Aircraft Lift Force, Editor History, and Consumer Hardware Stagnation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 06, 2026
IRC logs for Monday, April 06, 2026
What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026