Bonum Certa Men Certa

Monika Ermert's Reports About the Crisis at the EPO and IP Kat's Uncharacteristically Shallow Coverage

Good site; shame about the paywall...

IP Watch



Summary: News from inside the Council shows conflict regarding the quality of European Patents (granted by the EPO under pressure from top-level management)

THE situation behind the scenes at the EPO is hard to decipher because secrecy persists and intimidation prevails.



Earlier today, adding further to the mystique, Monika Ermert published this article about “System Battistelli” behind a paywall. To quote the only paragraph which is open access:

Considerable quality problems in the examination and processing of patent applications at the European Patent Office (EPO) were deplored by a group of patent attorneys during a visit of the new Chair of the EPO Administrative Board, Christoph Ernst, from the German Ministry of Justice, to the Max Planck Institute for Innovation and Entrepreneurship Research in Munich. Meant as a presentation of Ernst’s thoughts on “the future of the European patent system,” the debate developed into a harsh reckoning of the “System Battistelli.”


Some readers of ours asked if we could gain access to the full article, but we could not. One reader said that "the only way to receive the full article is by subscribing and paying the 1 year fee of 99 CHF or 86 €!"

Transparency at the EPO is crucial now. It would be nice to know what the article above said (which was new).

We have instead decided to publish a translation of another article from Ermert. She wrote also for Germany's leading technology news site.

Translation of the article which appeared on Heise.de on the 14th of October can be found below:

Outgoing head of the European Patent Office criticised



14.10.2017 15:30 - Monika Ermert

European Patent Office (EPO) in Munich. (Picture: dpa, Frank Leonhardt)

On Friday evening, what had originally been intended as a specialist technical discussion about the future of the European patent system with the new head of the EPO Administrative Council turned into a round of severe criticism directed at the outgoing President.

The newly appointed head of the Administrative Council of the European Patent Office (EPO), Christoph Ernst, Assistant Chief Secretary in the Federal Ministry of Justice, was obliged to listen to harsh criticism about the deteriorating quality of patent examination at the EPO as a result of the overworking of patent examiners. At the invitation of the Munich Max Planck Institute (MPI) for Innovation and Competition, Ernst presented an optimistic picture of the future of the European patent system but declared that he was willing to conduct a discussion about the quality problem with the experts.

The patent figures at the European Patent Office are rising, the Office is equipped to deal with new challenges and the EU Unitary patent is almost ready to go, according to Ernst's optimistic message. On 1st October, he took over the Chairmanship of the Administrative Council. Prior to that, he already sat as head of the German delegation in the supervisory body of the 38 member states and he represented Germany at the World Intellectual Property Organization.

Pressure to perform and toxic workplace relations

For years the EPO has been getting negative press coverage, mainly because of the severe conflict between President Benoit Battistelli who is due to depart next year and his employees and staff unions. Because of the intense pressure to perform and also psychological pressure exerted on the employees within the Office, perverse incentives have been introduced, warned Gero Maatz-Jansen from the Munich-based law firm Grüncker.

Instead of thoroughly scrutinizing patent applications, EPO staff try to get the files off their desks as quickly as possible. In the medium term, declining quality could drive the users away and cause the entire EPO system to collapse, the lawyer said with great applause from around 60 participants at the MPI event, many of whom contributed their own observations.

Evidence of deterioration in quality?

Weaker prior art citations and superficial search reports on the state of the art, as well as problems in the formal procedures underscored the fact that the work of the EPA staff was suffering. Examiners increasingly complied with the rigorous efficiency agenda of EPA CEO Battistelli by quickly rejecting applications because of minor formal flaws, said one lawyer.

Ernst called for data concerning such deficiencies to be presented. To date, there had been no real evidence of a deterioration in quality, he said. The number of oppositions against granted applications was declining slightly, as were the revocations and the "destruction rate" was negligible. "The mere fact that more patents are granted does not in itself mean that the quality is impaired," he told the patent lawyers.

The EPO examiner and staff union official Elizabeth Hardon, who was dismissed by Battistelli in 2016, recalled that quality problems will only become apparent a number of years down the line in subsequent nullity proceedings. The staff union official expressly welcomed the fact that at the MPI event others were standing up to voice criticism of the workplace situation at the EPO. "For years nobody was listening to us," she said.

Patent system in crisis?

According to the host, Reto Hilty, Managing Director of the MPI for Innovation and Competition, a rising number of patent applications does not provide proof of any increase in innovation, which is supposed to be what the patent system is all about. Researchers who for a long time have been talking about a "crisis of the patent system" are noting a veritable race for high numbers of applications in China, the USA and Europe.

In his speech at the MPI Ernst also referred to individual crisis symptoms. For example, there are intense discussions at the United Nations about the artificial restriction of access to vital medication by patents. However, he called the relevant UN report "one-sided" and "not pointing in the right direction." The controversial issue of bio-patenting has not yet been resolved because the EPO is currently dealing with a new opposition proceedings against the patenting of beer. Finally, a consultation relating to patents on essential standards is one of the top priorities on the agenda of the Federal Ministry of Justice.

Update, 14.10.2017 16:30:

Name of Elizabeth Hardon corrected (Monika Ermert)



One might wonder, where's the Kat?

Well, the Kat finally wrote something about it, but it's disappointing. "Merpel welcomes Mr. Campinos to the exciting world of European Patents," it says.

This unusually shallow coverage from the user "Merpel" makes us wonder if it's CIPA (Stephen) who wrote it. It's a short post that's repeating/parroting Battistelli's statements (without noting that it's Battistelli who set him up for this job) and calling Campinos "a Portuguese national" even though he is French too (like Battistelli). Merpel is not an actual person but a name used by several people who prefer to post anonymously.

Incidentally, somebody wrote this comment today regarding what Ernst means to the UPC. It says: "Interesting thoughts - one further comment - should the UPC fail or succeed in coming about, that may indicate the trend of IP in future, reflecting as it does the "in" or "out" discussions in regions and nations at present (although with an added sprinkling of complex constitutional compromise for good measure to mix things up a little). Personally a retreat to tribalism does not seem to bode well."

The UPC will probably fail at the end; it's stuck and won't become a reality under Battistelli, but the one legacy Battistelli put in place is lenient grants with PPH, PACE, Early Certainty etc. Very bad for patent quality, no doubt. Earlier today Awapatent published this article about the EPO's PPH arrangement with a former Portuguese colony (not Angola but Brazil). What this will mean when Campinos take charge remains to be seen.

Recent Techrights' Posts

Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
 
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026
SLAPP Censorship - Part 16 Out of 200: Detailing the Actors and Explaining Techrights' Own Internet Relay Chat (IRC) Network
For those who have not followed our story
Microsoft "hiding behind bigger news of war, Epstein, other companies' layoffs"
They know what's coming, they just don't know when
Joerg Jaspert (Debian Account Manager/DAM) personally approved Raphael Hertzog's wife Sophie Brun
Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
Spoiler: Diversity & Debian means different things to different people
Reprinted with permission from Daniel Pocock
Solicitors Regulation Authority (SRA) Admits Failures and Criticism of Inaction on SLAPPs
many if not all solicitors and solicitor firms in the UK are in effect unregulated
Archiving or Preserving Pages About IBM Layoffs
Layoffs at IBM and the media does not talk about these
ABC, the American National Broadcaster, "Now Publishes Slop"
If the "big media" absorbs slop, it'll no longer be trusted and therefore not read/watched by the public
Links 19/03/2026: Culling Deepfakes of Artists’ Music and "Age Verification Isn’t the Answer"
Links for the day
Gemini Links 19/03/2026: "Aktion GPT-4" and "Kill All Descendants"
Links for the day
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026