Bonum Certa Men Certa

The European Patent Office’s (EPO) Declining Patent Quality 'Tackled' by Making Appeals/Oppositions Harder and More Expensive

Hiding the effect rather than actually dealing with it

The power of pricing
Battistelli hoped that offering 'discounts' to applicants would be a boon to the number of applications (as applications are running out, rendering staff redundant), but it lowers both quality and revenue (source: "The Power of Pricing")



Summary: The so-called 'System Battistelli' is proving to be a disaster which makes both examiners and patents obsolete; Making applications cheaper while making appeals/oppositions harder and more expensive is a recipe for disaster, assuring nothing but more litigation and more workloads for courts, where fees rise to extraordinary levels (in effect externalising the costs/toll of EPO to the public, primarily for gains of patent law firms)

THE USPTO has made oppositions easier and more common (e.g. via PTAB IPRs). We are thankful for this because if patent justice is the goal, then elimination of wrongful patent grants is a desirable thing. At the EPO, by contrast, appeals or oppositions are being made harder just when they're needed more/most (because of declining quality of grants, as a thousand courageous and moral examiners attest/confess to).

"This is bad for everyone in Europe, except perhaps law firms and patent trolls."So far this month we have composed about four articles about increase in appeal fees (effective in 9 days), having already shown a soaring number of oppositions (possibly more than examiners can ever deal with given the unreasonable work demands/quotas). SUEPO has repeatedly complained about it, noticing that significant upsurge and noting that the new structure of groups lowers/dilutes skills level inside each. It's a system which is designed to fail; it's supposed to fail on justice, i.e. it'll wind up failing to annul erroneous grants. This is bad for everyone in Europe, except perhaps law firms and patent trolls.

A site which advocates patents on life has just advertised its so-called 'webinar' (lobbying setup) and spoke of "late-filed EPO documents" in relation to oppositions. To quote:

Late-filed documents will come under greater scrutiny in light of changes to the European Patent Office’s (EPO) opposition procedure.

That was one of the key points discussed during a joint webinar between LSIPR and HGF yesterday, March 21.


That's two days ago. It's like a think tank stuffed/stacked with law firms, trying to basically ensure patent maximalism while noting that "granted patents increased from 64,619 to 105,635 at the EPO."

The number of applications barely grew in the same period. This ratio is therefore alarming.

To quote further:

This will mainly be achieved by a significant shortening of the written proceedings phase of opposition practice. According to Moore, the streamlined opposition procedure could result in opposition divisions being stricter in allowing late-filed documents and late-filed requests into the proceedings.

“I think it’s certainly the case that late-filed documents will come under greater and greater scrutiny,” explained Moore.

“I’ve had six or seven oral proceedings in the past couple of months, some of which have required late-filed documents and the analysis on their prima facie usefulness seems to be taken at a very early stage by the Opposition Division.”


The Opposition Division is already overworked and overwhelmed. Patent maximalists prefer it that way because it helps ensure low patent quality.

The terrible assumption they (along with Team Battistelli/Team UPC) make is that patent courts will be able to better deal with patent assessment. But at what cost? Well, patent law firms profit a lot from litigation, so why would they oppose the status quo? They profit both from plaintiffs and defendants. They want the UPC because it means passage of patent assessment tasks from examiners to courts. As Benjamin Henrion put it yesterday: "UPC rules of procedure will be ratified in express mode by national parliaments? right or wrong? Can anyone confirm?"

Nothing is being ratified. Neither in the UK nor Germany. It's not even on the agenda anymore. Without both of them ratifying -- a deadlock-type process -- the UPC is going nowhere. This is where we are today.

EPO revenue from applications seems to be declining. This is in spite of the goose being killed, i.e. the main 'asset' (experienced examiners) leaving and the backlog running out.

Yesterday the EPO wrote: "With nearly 500 more applications filed by German inventors and firms in 2017, Europe’s largest patent filing country again showed growth (+1.9%)."

"After EPO gave discounts," I corrected them, "so overall applications revenue [was] down again..."

We wrote about this before.

The EPO also wrote (yet again): "Are you familiar with our Case Law of the Boards of Appeal publication? Tell us your opinion on it..."

This Boards of Appeal (BoA) spin continues unabated. The EPO posts this every couple of days and yesterday it was Boult Wade Tennant which joined the spin by publishing "EPO Launches a Consultation on the Revision of the Rules of Procedure of The Boards of Appeal" (EPO stenography).

But the EPO only pretends that BoA, which remains under attack from Battistelli all the time, is under public control. Battistelli wants them replaced by UPC.

The law firm wrote:

The EPO provides Applicants, Patentees, and Opponents with the opportunity to appeal decisions of the Examining Division or the Opposition Division following adverse decisions.

In recent years, the Case Law of the Boards of Appeal has developed in relation to the ability of an Appellant to present new arguments, objections, evidence, and amendments during appeal proceedings. Whilst the practice of the Boards can vary significantly in this regard, recently there has been a general trend towards a more restrictive procedure.

[...]

As a result, the need for Applicants, Patentees, and Opponents to present a full and exhaustive case before the Examining Division or Opposition Division is likely to become even more important.


The whole process is currently under attack. Examiners cannot issue patents correctly (too pressured to work in a rush), the Opposition Division sees oppositions soaring (but isn't adequately staffed to deal with this workload), and the Boards are also grossly understaffed and lacking independence. The above is merely a face-saving and/or revisionism exercise. The EPO isn't functioning properly. Insiders know that, but mainstream media remains (with very few exceptions) silent on the matter.

Recent Techrights' Posts

Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026