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

Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
 
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock