Bonum Certa Men Certa

Quality of Service and Quality of Patents at the EPO Are Both at Peril

Related: Team Battistelli Parties Like It's Still 2010 (Pre-Battistelli Governance), Fails to Acknowledge Demise of EPO as Popular Employer and Instead Lies to Staff

Third hand



Summary: The EPO's brain drain is showing; the ability to properly scrutinise patent applications (using time and skills/experience) is further diminished by the obsession with "production" and "timeliness" (deadlines, Early Certainty etc. rather than "it's ready when it's ready")

"We're experiencing technical issues with submissions via Online filing & New online filing (CMS)," the EPO wrote yesterday. "The acknowledgement of receipt contains a FALSE virus warning. Filings will be processed as usual. Technicians are working to resolve the issue ASAP." It later added: "The technical issues with submissions via Online filing & New online filing (CMS) have been resolved. We apologise for the inconvenience."



Why did this even happen? "Technicians with experience must have left (or are leaving) the EPO as part of the exodus," I told them. It certainly looks like technical issues are becoming more frequent (we covered some previous ones) and therein lies the risk of brain drain.

We keep hearing stories about exceptionally low bar at EPO recruitment, rushed examination, lack of expertise, new staff that overburdens/encumbers senior staff and so on. People near and inside the EPO speak about these issues. Granting patents for the sake of granting patents isn't a good thing; it reduces the certainty associated with European Patents; courts would reject these.

AA Thornton & Co's Stuart Greenwood wrote and published this article yesterday. It relates to what we recently wrote about PPH (legal firms linked to it, suggesting that they too agree with our assertions). We said that patent examination at the EPO is already far too hurried (leaked E-mails provide solid evidence of it). It'll get worse over time because Battistelli has just lowered the price of patent applications (a desperate effort to inflate the number of applications after they tumbled last year). "EPO extends fast-track programmes," Greenwood wrote, naming some of the latest additions:

The EPO have recently extended their fast-track pilot programme agreement (the Patent Prosecution Highway, or PPH) with Canada, Israel, Mexico and Singapore.

[...]

In addition to these four extended programmes, the EPO has operational PPH pilot programmes with the IP5 offices (the grouping of the world’s five largest IP offices, made up of the EPO and the patent offices of China, Japan, Korea, and the US), as well as with the national patent offices of Australia, Brazil, Colombia, Malaysia, the Philippines, Russia and the Eurasian Patent Office.


The combination of stricter time constraints and brain drain is bound to prove fatal to the reputation of such patents. Battistelli can lower the price all he wants (application revenue will decline, irrespective of the number of applications), but in the long run he is killing the EPO. This is no way to run the Office; What this EPO autocrat does not want to grasp is that replacing patent examiners with machines is about as insane as replacing university professors/researchers with a bunch of servers in the back room. It only works if you count something like numbers of words/papers/patents generated, irrespective of actual quality.

Recent Techrights' Posts

Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day
Links 19/06/2025: Ghostwriting Scam and Fentanylware (TikTok) Buying Time
Links for the day
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Gemini Links 19/06/2025: Unix Primitivism, Zine Club, and Gemini Protocol Turns 6 at Midnight
Links for the day
Links 19/06/2025: WhatsApp Identified as Assassination 'Crosshairs', Patreon Now Rips Off People Even More
Links for the day
"Told You So": Another Very Large Wave of Microsoft Layoffs Now Confirmed in Mainstream Media
So we were right to believe the rumours, based on the credibility of prior such rumours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 18, 2025
IRC logs for Wednesday, June 18, 2025