Bonum Certa Men Certa

Today's European Patent Office Works for Patent Extremists and for Team UPC Rather Than for Europe or for Innovation

This kind of 'vendor capture' might help EPO foes rationalise abolition of the EPO altogether (unless the Organisation can undo/reverse this hostile 'regime change')

AIPPI



Summary: The International Association for the Protection of Intellectual Property (AIPPI) and other patent maximalists who have nothing to do with Europe, helped by a malicious and rather clueless politician called Benoît Battistelli, are turning the EPO into a patent-printing machine rather than an examination office as envisioned by the EPC (founders) and member states

TECHRIGHTS was never against the EPO. Never. It was against software patents in Europe, which the EPO itself should be against, as well. A decade ago when the USPTO was easily and gleefully granting software patents we were critical of the practice rather than the Office itself. Nothing has changed since, except the Office (USPTO) now makes it a lot harder to get software patents. US courts even more so!



Patent examiners certainly know these things; this is what they deal with on an everyday basis. There's always a push towards patent maximalism, courtesy of the patent 'industry'. Patent rationalists, however, would rather focus on actual work (development and research), not lawsuits and reading of patents they may or may not infringe.

"There's always a push towards patent maximalism, courtesy of the patent 'industry'. Patent rationalists, however, would rather focus on actual work (development and research), not lawsuits and reading of patents they may or may not infringe."In recent years, especially the past 3-4 years, some technology companies found their voice and fought back against patent maximalism. It helped the cause of software developers. On the other hand or the other side there were sites like IAM, Watchtroll, and Patent Docs, which constantly amplify the 'patent' industry and attempt to crush technology companies. They also routinely bash technology companies. That's how bad they have become. They don't even pretend to care for science and technology, let alone "innovation" (however they define it). Only hours ago Patent Docs did its usual Sunday advertising of patent maximalism events and/or so-called 'webinars' from The Knowledge Group and others, then the Practising Law Institute (PLI). These are patent maximalists; they make money out of it. Sadly, these are the sorts of groups that now control Battistelli's mind and steer the EPO into oblivion. National delegates from national patent offices go along with it because they themselves are typically lawyers; they make more money and derive power from patent maximalism.

Several months ago we wrote about AIPPI pushing software patents agenda, a long time after they had demanded action by Jesper Kongstad, seeing that Benoît Battistelli sent the EPO down the drain (or up in flames).

With some apparent leadership changes it now seems like AIPPI learned to love the tyrant. Benoît Battistelli meets these patent maximalists, with whom he can probably better arrange the destruction of patent quality and the Office's viability (they profit from that). With the obligatory Battistelli photos, on Friday they published this puff piece which says: (warning: epo.org link)

High-level representatives and experts from the EPO, led by President Benoît Battistelli, met with the International Association for the Protection of Intellectual Property (AIPPI) Bureau headed by its President Hao Ma at the EPO headquarters in Munich yesterday.


Notice what they say about Cambodia, which we mentioned last week because Cambodian people/firms have zero EPs:

AIPPI also expressed great interest in the recent entry into force of the validation agreement with Cambodia, the very first Asian country to join the European patent system. Fast-moving developments in the area of international co-operation, including reinforced co-operation, were acknowledged as particularly advantageous to the user community.


So "AIPPI also expressed great interest in the recent entry into force of the validation agreement with" a country that has no EPs? Seriously?!

Like we said many times, especially last year, the EPO had become somewhat of a laughing stock. Battistelli is just riding the coattails of half a century of EPO experience and reputation; he actually causes brain drain that diminishes experience and the reputation of the EPO is so terrible that some law firms dare/find courage to publicly complain. They know he might retaliate.

In relation to Patent Prosecution Highway, which prioritises litigation like UPC does (when patent litigation comes before actual patent justice and/or proper patent examination), Uhthoff Gómez Vega & Uhthoff SC wrote an article a couple of days ago. It's in the patent microcosm's platform and it mentions the EPO as follows:

Even though, the European Industrial Property Laws are more identical to Mexican Industrial Property Laws there are some exceptions when using the positive results issued by EPO, e.g., lastly the EPO has been granting subject-matter containing computer programs definitively banned in Mexico and consequently the favorable results may have a restriction. Fortunately, there are some strategies to overcome such restrictions focused to adapt the claims according to what it is permissible in Mexico.

The EPO accepts EPC 2000 claims which format is “Compound X for use in a method of treating a disorder Y”. At this point, it is important to mention that IMPI should accept such claims when using the positive results of EPO, but lastly there are some Divisions within IMPI which consider such claims as exceptions of patentability. For example, in our practice and experience said EPC 2000 claims are generally acceptable by the Biotechnology Division, while the Pharmaceuticals Division has a divided opinion concerning such claims.

Fortunately, there are strategies which reduce the risk of a rejection of the positive results of EPO which are applicable in Mexico depending on the case.


Remember that in Mexico (IMPI) software patents are officially banned, but IMPI grants them anyway. This is something that they and Battistelli have in common; such are the standards he has succumbed to. For perspective, last year Mexico was associated with 59 patents. In 2016 it was 32, so Mexico is not so important to the EPO (in relative terms; the US, by comparison, had 24,960 EPs granted last year).

“AIPPI also expressed great interest in the recent entry into force of the validation agreement with Cambodia, the very first Asian country to join the European patent system.”
      --EPO
Speaking of the US, the EPO continues to promote its patent maximalism events there. In this particular event which the EPO promotes almost every day they also give tips for patenting software at the EPO. We provided an explanation in last week's long post (when these daily promotions began).

Sadly, the EPO keeps spreading myths (this one on Friday). It frames patents as something that they are not. Companies openly say that they do not read patents because reading any patent would make any future infringement willful and thus damages several times worse. Does the EPO not get that? Will the EPO keep pretending (almost every day) that it's all about "SMEs"? In the same way that Team UPC keeps lying about the UPC, insisting that it's really for SMEs? Vis-à-vis UPC, Dehns (part of Team UPC) will soon speak at a 'webcast'/'webinar' of The Knowledge Group (mentioned above). Some staff of theirs has been calling people who oppose or are sceptical about the UPC "trolls" and "idiots" and here they are bragging about their role in the EPO:

Dehns provides and implement strategic advice on a wide range of IP issues, and file more than 5,500 UK, European and international patent and trade mark applications each year; the latest figures from the EPO show that, in 2016, Dehns filed the highest number of European Patent applications among all European Patent Attorney firms.


This helps explain their lobbying for the UPC; they don't care and can't care any less about patent quality. They just want to 'shove' as many patents as possible into the EPO, irrespective of the damage these patents may cause to firms other than their clients (even totally innocent firms, targeted by wrongly-granted patents).

Recent Techrights' Posts

If GNU/Linux Rising is Just "Bots" (It's Not, Many Surveys Show the Same), Why Does Microsoft Rush to Lie About System Requirements of Vista 11?
The real reason is, GNU/Linux is rising
 
Red Hat is in Need of a 'Jolla', as an IBM-Controlled Red Hat is Becoming Like the Microsoft-Infiltrated Nokia
Dying fast, partly by design
Gemini Links 08/08/2026: Gigs, Poems, SREs, and Shared Passion
Links for the day
Kompromat Tactics in GNU and Linux
Kompromat as a concept was covered here in the past in relation to Microsoft
SLAPP Censorship - Part 143 Out of 200: After Nearly 10 Attempts to Settle With Us and Over a Million Pounds Spent on Lawyers and Barristers
We are in no particular hurry
20 Years and 43 Years
GNU/Linux is not just code, it's a philosophy, licence (copyleft), and community
GNU/Linux Turns 43 Next Month, Many Distros Actively Maintained
A lot of Debian-based distros are still actively maintained (we talk about this in IRC this evening), so the stability of the Debian Project is important
Links 08/08/2026: GAFAM Colonialism "Paved Over Protected Wetlands", Slop Companies Hoard Software Patents as Debt Soars to Trillions
Links for the day
Links 08/08/2026: "Palantir Paid No Federal Income Tax" and "Who's Responsible for This Mess?"
Links for the day
Retained: The Time IBM's Red Hat Tried to Hijack or Take Offline Site of Critics, Failed on All Grounds (Meritless Action Intended to Harass Critics)
Replicated from adrforum.com
IBM's 'Final Solution': Censor Sites Not Controlled by IBM, Sites Where Dissent is Expressed
IBM has no culture of free speech
More Mass Layoffs Coming IBM's Way (Ones IBM Cannot Hide, Cannot Convince Enough People to Leave or Unjustifiably PIP Them When They Say No)
The company that was like a "father of modern computing" is now stingy when it comes to travel. Not a good sign.
What Will it Take for Mainstream Media to Report Silent or Secret Layoffs at IBM?
"Silent" or "secret" sometimes because the media won't cover them
Is the Future of IBM Red Hat Temporary Staff, Contractors?
They want cheap, obedient lemmings
Gemini Links 08/08/2026: Tribute to Lloyd Center, Radio Amateurism, Homeworlds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 07, 2026
IRC logs for Friday, August 07, 2026
Microsoft Uses Slop to Find Defects and Then Uses Slop to Replace Code, What Could Go Wrong?
Botspam is the problem, it's not a constructive approach in any shape or form
analytics.usa.gov: GNU/Linux Up Some More This Week
Days ago it said 6.4%, now it's up to 6.8%
RA-pocalypse: IBM Tells Workers "Taking a Hike" is Their "Next Step" ('Voluntary' Layoffs), Now It Prepares to Sack Lots of Contractors
There definitely is something going on
Legal Attacks on Techrights Have Made Techrights More Popular and More Widely Read
The misogynists will have plenty of work to do this summer
Kai Stephens (Barkley Walsh) & British Democrats in Clacton by-election hustings
Reprinted with permission from Daniel Pocock
Daniel Pocock 'Punching' Nazis in the UK
The so-called "cult" of so-called "Debianism" was left with nothing but massive legal bills
SLAPP Censorship - Part 142 Out of 200: GemText is Not a Webpage, Gemini Protocol is Not the Web, and Capsules Are Not Websites
our intention to appeal (escalate to the Court of Appeal)
Microsoft: Our August 2026 Layoffs Are Not Layoffs Because... Reasons
That's like IBM making "spin-offs", then pretending that no layoffs are happening
Links 07/08/2026: UMG and Anthropic in Trouble Over Copyright Infringements Sold as "Training" (Slop)
Links for the day
Links 07/08/2026: "BMW Is Showing Commercials On Their Car's Dash Screens And They Want You To Think It's A Treat", Software Patents on Drones
Links for the day
What We Said About Red Hat's Fate Under IBM Turned Out to be Right on the Money (That IBM Lacks)
There are no layoffs at IBM
IRC Networks Show No Signs of Going Away, IRC Enters Its 39th Year
That IRC daemons are still actively developed and patched in summer of 2026 (over 38 years after IRC was born) says a lot about IRC's importance
Social [Control] Media Needs to Die
I am a bit shocked to recall that I wasted a lot of time on it
Some Malware is Legal Because It's Made and Distributed by Politically-Connected GAFAM
In reality, the security non-experts 'championed' (and salaried) by GAFAM are anti-security people who advocate back doors
The GNU/Linux Anniversary is Next Month, Not This Month
It'll turn 43
At Clacton by-election Hustings Event Daniel Pocock Says "Social [Control] Media Has Contributed to Some of the Anti Social Behaviour."
No doubt many problems in society are caused or at least amplified/accentuated by this horrible phenomenon
IBM Insiders Explain Why IBM is in Very Serious Trouble
Will IBM last long enough for any "quantum" deliverables to become a reality?
The Register MS Took Money From Broadcom to Publish Fake 'News' With "AI" Mentioned 35 Times
not legitimate or authentic journalism.
GNU/Linux Approaching 20% in Georgia (the Country)
Usage of GNU/Linux was near 0%, as measured by statCounter, several years ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 06, 2026
IRC logs for Thursday, August 06, 2026
Gemini Links 07/08/2026: Radio Amateurism, Summer Updates, and Programming "Taste"
Links for the day
Links 06/08/2026: Billboard Chart Contaminated by Slop Plagiarists, Sheinbaum Blasts Social Control Media
Links for the day
A Long Break and What's Coming Next Year
Some time next year we definitely plan to show how the EFF failed women, failed bloggers, and basically prioritised GAFAM
Daniel Pocock on a "metre-long ballot paper"
The Debian "cult" (as he calls them collectively) is simply jealous of him
Links 06/08/2026: Disney and Fentanylware (TikTok) Deal, "Hearing Aids Shenanigans"
Links for the day
IBM Mass Layoffs Began Yesterday, They're Sold as "Voluntary", the "Offer" Runs for Two Weeks (Last Day August 19th 2026)
IBM will self-detonate while using contractual agreements to force people to smile
Start of September 2026 'Voluntary' Mass Layoffs at IBM, Start of October Red Hat Employees Forced Into the 'Bloodbath' (After Collapse of IBM's Shares)
Red Hat is in trouble
Many GNU/Linux PCs Are Not Connected to the Net or Don't Use the Web
Saying GNU/Linux user-agents are just "bots" (Microsoft Lunduke and other Microsofters say this) is like asserting that the Twin Towers fell not because of two giant planes but because of explosives
They Call Occupations "Professions" Because the "Pro" Means Something
If you want to find tech news online
New Conference Paper (Science of Cyber Security) Credits RMS With Delaying Passwords
When it comes to passwords, RMS was "right"
Removing Gender Barriers in Computer Science
It is not that "women aren't good at maths"
In Brunei, GNU/Linux Approaches International Average of 8.5%
a sharp rise from 0% to about 7.5% happened in a few years
15% of IBM Staff Marked for Layoffs ("RAs"), the Workers' Objective is to Find Another Employer and Leave
"That's not a workforce, that's a waiting room."
Maintenance to be Completed Tonight (IPv6)
Notice how, after 25+ years, we're still not fully adopting IPv6, we're only about 50% there
A Data Centres Hub Puts Everyone at Risk, Especially People Who Live Near Them at Times of War/s
Spoiler: Datacentres are military targets, they attract missiles, some with nuclear warheads
GAFAM Mass Layoffs and Mountains (Trillions of Dollars in 'Secret' or 'Off-the-Ledger') Debt
GAFAM is having layoffs this month
August 2026 Microsoft Layoffs Confirmed by Staff This Week
It's hard to assess how many are impacted but signed an NDA, preventing them from speaking about what really happened
analytics.usa.gov Says 7% of Sessions Come From GNU/Linux and ChromeOS. If ~40% (Mobile) Get Omitted, It's More Like 11%.
In desktops and in laptops GNU/Linux has become a big player
IBM Cannot Survive for Much Longer, There Are Limits to RAs and Offshoring, IBM Now Asks Workers to Quit
IBM is in very serious trouble
SLAPP Censorship - Part 141 Out of 200: Brett Wilson LLP Failed to Learn From the Mistakes of the European Patent Office (EPO)
my solicitor, David Allen Green, put them in their place
Texts of the Claims From Balabhadra (Alex) Graveley and Matthew J. Garrett Almost Identical, I am Suing for Abuse of Process
Half a decade ago Balabhadra (Alex) Graveley from Microsoft and GNOME was arrested for strangulation in Texas
Gemini Links 06/08/2026: "Eat That Frog", Mutt Terminal Email Guide, and BASICODE
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 05, 2026
IRC logs for Wednesday, August 05, 2026