Bonum Certa Men Certa

Decline of Skills Level of Staff Like Examiners and Impartiality (Independence) of Judges at the EPO Should Cause Concern, Alarm

EPO insiders say that hiring standards have sunk (more on that soon) and new examiners now rely on algorithms rather than in-depth knowledge

GrandcomputerSummary: Access to justice is severely compromised at the EPO as staff is led to rely on deficient tools for determining novelty while judges are kept out of the way or ill-chosen for an agenda other than justice

THERE are no software patents in Europe. In theory at least. The EPO does not obey the rules and grants software patents anyway -- something which the USPTO (birthplace of software patents) is gradually stopping.



What can stop the EPO issuing software patents? Most likely the appeal boards, but they have come under attack from Battistelli and years ago they lost their impartiality. 3 years ago Battistelli went as far as making false claims about one of the judges (painting him as some sort of an armed Nazi) and nothing has been the same since. The appeal boards are still there in spirit (in Haar) and routinely they complain that they are unable to operate as envisioned by the EPC.

IAM's editor, as one might expect, continues his veiled lobbying for software patents and patent trolls. He has already done that twice in the past week (using the typical euphemisms, FRAND/SEP) and yesterday he carried on by copy-pasting Johann Pitz – a partner of Vossius & Partner in Munich – which speaks of "future EU unitary patent" even though there is no such thing! It's a fantasy and one of the reasons for that is lack of impariality of judges, including their selection process and renewal of contract. We covered that before. It's an abomination that would rattle the people behind the EPC (the few who might still be alive).

Also yesterday. IAM wrote this blog post about KIPO (the patent office in Korea) going 'corporate', appointing a judge with an obvious conflict of interest (far too many connections to industry). To quote:

The IPTAB is gaining not only a very senior corporate IP figure, but a substantially pro-patent one. Last year, under Kim’s leadership, LG Electronics launched its first US patent litigation campaign as a lead plaintiff, a big step toward extracting further value from its portfolio. In recent years, Kim has closed IP deals with operating companies such as Microsoft, Ericsson, IBM, Technicolor and Amazon, as well as with NPEs [read: patent trolls] including Evolved Wireless, France Brevets, and PanOptis.


This man may have literally brushed shoulders not only with executives whom he'll see in court but also patent trolls. That certainly can ruin the impression of independence and some officials just don't seem to mind.

The importance of preventing such 'revolving doors' scenario became more obvious yesterday, in light of the following interesting exchange between one who thinks of EPO hirings in terms like "free market", perhaps not grasping that the EPO (like the court system) enjoys a monopoly and should thus be subjected to higher standards. As IP Kat has already nuked entire comment threads, we have decided to reproduce this exchange below:

Some may view your post as cynical, but when you view ANY business operation - and most all business operations are based on that very same concept - why is it that you think that examiners should be excused from the (seemingly) natural market forces that affect everyone else?


Exactly which "market forces" do you believe are at play with regard to the recruitment of EPO examiners?

The EPO is an international organisation that has a monopoly on dishing out (EPC-wide) monopolies. This means that the EPO does not have any relevant "competition". It is therefore completely inappropriate to apply "free market" concepts to such an organisation.

Of course, should its "users" so demand, then it might be appropriate for the EPO to look for ways of reducing costs (and hence reducing fees). But even then, one has to balance any drive to reduce costs against other demands that the "users" of the system may have.

At this point, it is important to remember that the "users" of the system include 3rd parties whose freedom to operate will be curtailed by the monopolies that the EPO grants.

It is therefore inconceivable that a majority of the EPO's "users" would ever be in favour of any cost-cutting that compromised the ability of the EPO to conduct high quality examination. From this perspective, it hard to see what justification there could possibly be for adopting recruitment practices that are aimed at "de-skilling" the EPO's entire examiner base.


You misunderstand the aim of my earlier comment.

It is not that the EPO "has competition" - or not. It is nothing whatsoever to do with the "users" of the system (therein lies nothing but dust-kicking).

It is that the EPO may apply what is no more than standard business protocols to its own work.

Or do you think that such is somehow off limits? Under what basis would this power to set as "off limits" come from?


I think that you are rather missing the point.

There is no "standard business protocol" when it comes to a patent office. This is because there is no "business" to speak of.

Patent offices exist for the sole purpose of being the first (and most important) gatekeeper to a state-sanctioned monopoly. A patent office therefore only serves its purpose if it applies adequately (but not overly) stringent criteria to the grant of a monopoly.

So yes, it is "off limits" to consider adopting practices that are liable to render the patent office not fit for purpose.

It is interesting to note that the European Medicines Agency values its "skilled" staff so highly that it believes that the new location for the Agency should only be selected from the cities that staff surveys show would provide a high retention rate.

The EMA is much like the EPO in that it examines applications to check that they meet suitable standards. So if retaining skilled staff is such a high priority for the EMA, why should it be any different for the EPO? Improvements in efficiency are one thing, but my view is that any "improvements" that would render the EPO incapable of performing its function should never even be contemplated.


As we have been arguing for a number of years, people don't simply "opt in" for the EPO. They can be sued at any time by any other company using patents granted -- rightly or wrongly -- by the EPO. The EPO can be very dangerous (and powerful in a dangerous way) if put in the wrong hands and UPC would extend the breadth of reach of European Patents, increasingly granted in error by decreasingly skilled staff at the EPO (if not by algorithms which don't quite work).

EPO Frame Breaking

Recent Techrights' Posts

The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
 
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
Linuxiac May Have Reverted Back to LLM Slop
Is he back on the wagon?
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day