Bonum Certa Men Certa

Declines in Patent Quality at the EPO and 'Independent' Judges Can No Longer Say a Thing

They do, however, complain about their loss of independence

A shocked Battistelli



Summary: The EPO's troubling race to the bottom (of patent quality) concerns the staff examiners and the judges, but they cannot speak about it without facing rather severe consequences

THE EPO, wrongly and arrogantly assuming that the UPC will materialise, is already making judges inside the EPO redundant or subservient. Even in defiance of the EPC. This is extremely serious as it's a removal of oversight.



Several years ago we said that the EPO had done that (in late 2014) in order to gag those who speak about patent quality and can do so without fear of retribution. "Quality [of patents at the EPO] has dropped drastically the last 3 or 4 years," one person wrote yesterday*. Ever since then, for obvious reasons, we have seen no dissenting judges (except retired ones). They self-censor, just like staff representatives do (consciously or subconsciously). EPO insiders already know what it means for EPO management to send judges to Haar (a symbolic act) and then try to invite chairs to actually celebrate this. Thankfully, most chairs are snubbing and declining this invitation.

Deep inside, EPO staff representatives don't really believe much will change when Battistelli leaves. They just give Campinos the benefit of the doubt and act diplomatically. To quote a key paragraph (and the only one which contains new information of any kind in this article):

A source close to SUEPO said that as Campinos did not reject the numerous points issued against the current administration of the EPO, he is clearly aware of the contentions. However, the source added that what Campinos will actually do is still up for discussion, “since his answer is rather (to say the least) very vague”.


SUEPO links to this, so apparently it agrees.

Benoît Battistelli has caused a notable decrease in the number applications for EPs. He knows this, so right now he's trying to cook/bake/fake the numbers by reducing costs -- an old trick which this person fell for (and then got retweeted by the EPO).

Next time the EPO announces 'results' be sure to remember the decline in fees. It's strategic. It's designed to mask the decline in so-called 'demand'. Regarding patent quality, one person said yesterday: "In practice there is no comparison of quality differences being made, as far as I know."** ________ * With context added:

You're a bit harsh. Of course it is not off-limits for EPO to consider changing their practices.

Or would you want them to still use index cards and miles of bound volumes of old applications?

There's nothing wrong with improving efficiency. They can consider, and test, and evualuate all they want and only keep the good stuff.

I do agree that this should not reduce quality. And with the current EPO management that is indeed a worry. Quality has dropped drastically the last 3 or 4 years.

EPC article 1: A system of law, common to the Contracting States for the grant of patents for invention is established by this Convention.

For the grant of patents, not for their refusal! For the grant of patents, not neccessarily for the grant of high quality patents!

Quality should be assured by a constantly vigilant AC, alas, that is lacking.



** This comment alludes to the new system and the old system:

Back at Merpel’s questions... 1. Don’t know. And I’ve done the training...

Seriously, it is another technique and maybe it does work but it works in parallel with all my experience and doesn’t easily combine with it. It’s a bit like speaking Spanish for years and then one day being told that you would be better in Flemish. Why? Nobody really explains and you have no time to learn it. So you just ignore it. If you only learn Flemish and never learn Spanish (and they stop any Spanish classes), stats will always show Flemish is more popular except with the old fossils.

In practice there is no comparison of quality differences being made, as far as I know.

Recent Techrights' Posts

Firefox in Trouble in the US, Down to Lowest Level in 20+ Years
more sites will stop or intentionally neglect Firefox support
Clownflare: More Than 1 in 5 Laptops or Desktops in El Salvador Run GNU/Linux or ChromeOS
Clownflare Radar reckons it's more like 20%+ now
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
 
SLAPP Censorship - Part 155 Out of 200: Throwing Stones in Houses Made of Glass
character-assassination-as-a-service
Gemini Links 20/08/2026: Planners, Pantsing, Vinylyssee
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 19, 2026
IRC logs for Wednesday, August 19, 2026
Gemini Links 19/08/2026: "Big Boost in Autonomy" and "Answer of E-Mail"
Links for the day
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
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
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
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
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
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