Bonum Certa Men Certa

EPO Management Gambled on Europe Being a Patent Litigation Hub/Capital, But It's All Coming Down in Flames Now

Battistelli's legacy is one of gaslighting and denial

Work for firefighter



Summary: Work for the EPO keeps declining (decreasing number of applications), quality of patents has clearly collapsed, and the UPC isn't coming to fruition, which means that layoffs are inevitable and the reputation of the EPO cannot be recovered

THE EPO, as always, carries on pretending that the UPC is coming. "This guide looks at how to obtain, maintain and manage Unitary Patents," it wrote yesterday, but there is no Unitary Patent and there probably never will be. As it stands at the moment, the UPC is a dangerous EPO management fantasy, which has already led to the unprecedented and premature assault on appeal boards. If there's no UPC at the end, there will be neither patent quality nor justice. It will be chaos.



"Very few SMEs actually need "unitary" anything because they don't operate in many countries."Bristows, which used to rave about the UPC, has almost nothing left to say. Yesterday it just threw this puff piece about a non-event and IP Kat wrote about a post-Brexit paper from UCL's Ilanah Simon Fhima. It's focuses on trademark law, but it's partly applicable to patents and it speaks of the "unitary" effect.

Also yesterday, the EPO carried on with its lies about SMEs (it started two weeks ago and the EPO has repeated these lies every day since). Very few SMEs actually need "unitary" anything because they don't operate in many countries. The UPC is a gift for those who fight against SMEs, notably multinationals and trolls. "These twelve examples stand as proof," the EPO wrote yesterday, adding that silly hashtag #IPforSMEs just like these radical front groups.

"About 4 years ago we expressed deep concerns about the European Patent Office moving in the exact opposite direction (opposite to the rest of the world), namely inviting trolls and software patents."As we said yesterday, software patents seem to be on the way out everywhere by China. We wrote about how, even in Japan (historically pro-software patents), courts have become very strict and intolerant of abusive litigators.

Yesterday, in fact, IAM too reinforced that view. It sounds as though JPO, the patent office in Japan, is getting fed up with patent aggressors harassing the real industry over there. To quote:

On Friday, the Japan Patent Office (JPO) said it would issue guidelines on SEP licensing negotiations after a month-long public consultation period. The policy document will stake out an official view on issues such as what constitutes good faith and reasonable royalties in SEP talks. But we don't know for certain how – if at all – the new plans are connected to an earlier proposal to introduce an alternative dispute resolution (ADR) system that has been described as “compulsory licensing for SEPs”.

[...]

It is possible that this latest JPO consultation reflects a scaled back attempt to have a say on key SEP issues after the more aggressive ADR plan met with resistance from industry. On the other hand, if the ADR plan is resurrected at some point, then these guidelines – particularly the provisions on royalty calculations – could wind up forming the basis for how the JPO determines rates in very important disputes.


About 4 years ago we expressed deep concerns about the European Patent Office moving in the exact opposite direction (opposite to the rest of the world), namely inviting trolls and software patents. This ugly legacy isn't the fault of Battistelli's predecessors but Battistelli himself. No doubt he'll be remembered as the worst ever EPO President -- the one who ushered in human rights abuses and made it acceptable for the EPO to lie to the public every day while corrupting the media. ⬆

Recent Techrights' Posts

NVIDIA Buys the Media With Companies It Sponsors to Pretend to be Customers (Circular Funding Scheme)
The media crisis worsens
Brigading Against Women - Part IXX - Overreaction From Young Female Professional After Invalid Threats Made and Sent From an Incel in Another Continent
Cowards who send threats after committing crimes online
libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
Secret Microsoft Layoffs and Maybe Another "Voluntary Exit Program at Microsoft in October"
there's a morale crisis at Microsoft
 
Red Hat is Phased Out of Existence This Month Onwards
Within a few years we'll probably not see many redhat.com addresses anymore; many became ibm.* last week
Finland's GNU/Linux Share Measured at 12%
Last month GNU/Linux was measured at about 10% in Finland
UK Layoffs and Closures by Microsoft. In Expected Blow, Microsoft Likely Shuts Down Another Studio.
Microsoft's layoffs are never-ending, they just try to keep them all secret.
Discussion About Potential Sale of EPO Buildings and Enshittification of Europe's Largest Patent Office
It's noteworthy that only one hour (or 70 minutes) was devoted to so many topics
Stonewalling by Bots
We'll now turn our attention back to EPO and other matters
Gemini Links 05/10/2026: "Posthumanism", Cardputer, and More
Links for the day
Links 05/10/2026: “I’m Embarrassed on Behalf of the Tech Industry” and Slop Scammers "Lobbying the Vatican"
Links for the day
SIRIUS OPEN SOURCE LTD Officially Insolvent, Is Reform UK Next?
Sirius no more
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026
MIT Technology Review (MTR) Reinforces MIT's Role in Promoting Slop (Pyramid Scheme) in Exchange for Money
MIT is a poster boy (or child) of institutional corruption, perverts, and corporate takeover
Many Topics to Cover
Drops in a big ocean
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
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
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
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