Bonum Certa Men Certa

The Decline in Patent Quality at the EPO Causes Frivolous Lawsuits That Only Lawyers Profit From

But only as long as their clients still believe that European Patents have predictability associated with them

Spare money



Summary: The European Patent Office (EPO) will continue granting low-quality European Patents under the leadership of the Battistelli-'nominated' Frenchman, António Campinos; this is bad news for science and technology as that quite likely means a lot more lawsuits without merit (which only lawyers profit from)

THE USPTO -- unlike the EPO -- is actually trying to improve patent quality (it has to, seeing what the courts have been doing). We will write about that separately later today.



"All the key managers will remain in place; it will be Team Battistelli, led by a Battistelli-picked President."Based on what we have been hearing (sources close to the EPO), António Campinos will be another Battistelli but a much younger Battistelli. All the key managers will remain in place; it will be Team Battistelli, led by a Battistelli-picked President.

Now, we totally understand that EPO staff is hoping for a surprise, but optimism can sometimes lead to disappointments. Dugie Standeford from IP Watch has just published "EPO Staff, Users List Priorities For Incoming President" -- an article behind a paywall that starts as follows:

As the European Patent Office (EPO) prepares to welcome a new president, staff members and patent practitioners are setting out their priorities and suggestions for the newcomer, António Campinos. Topping the list for patent examiners is ending the contentious relationship between management and employees. Patent attorneys and litigators, meanwhile, want to see more attention paid to creating a fair balance between the speed of patent grants and patent quality.


They would be wrong to assume that Campinos may pursue a turnaround. As far as he's concerned, Battistelli has done nothing wrong and patent quality is fine (Dr. Erst, his upcoming boss, says the same thing). But patent quality is not fine; examiners say so and so do stakeholders, who are definitely noticing.

Yesterday (last night in fact) we caught this new press release that says:

IntelGenx Corp. (TSX-V:IGX) (OTCQX:IGXT) (the “Company” or “IntelGenx”) today announced that the European Patent Office (“EPO”) has issued a “Notice of Intention to Grant” for the Company’s European Patent Application Number 14832172.2 entitled, “Instantly Wettable Oral Film Dosage Form Without Surfactant or Polyalcohol." This is the first key patent allowed in Europe for the Company’s VersaFilm™ technology.


We don't know much about the "oral" patent in question, but many questionable patents have been granted lately, including one on chewing gum (examiners amused themselves over this one) and also yesterday there was another press release. This one was about invalidated European Patents. Yes, again. But it took a big court battle to show it. The lawsuit was thus frivolous. Only parasitic law firms in Germany 'won' the case. To quote:

It should be noted that on March 29, 2018, the European patent Office (EPO) had already issued a preliminary non-binding opinion that the patent asserted in the name of Antoine Turzi and licensed to Regen Lab SA, EP 2073862 B1, is invalid. In its preliminary opinion, the opposition division of the EPO found the Turzi and Regenlab patent to be invalid on the grounds of (i) added matter, (ii) lack of novelty, and (iii) lack of sufficient disclosure. With respect to the prior disclosure issue, the Opposition Division of the EPO found that "it is shown beyond any reasonable doubt that the product was available prior to priority, a prior use had taken place and the features of the product could be investigated."

Unless the Opposition Division of the EPO changes its views at an oral hearing, the result will be the complete invalidation and revocation of the Turzi PRP patent in all contracting states of the European Patent Convention.


How many more lawsuits of these kinds are in the 'pipeline' and how much worse would they be if there ever was a Unitary Patent System? We'll say more about Unitary Patent in our next post.

Recent Techrights' Posts

The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day
The Register MS: "AI" Puff Pieces for Sale, Not Journalism at All, Just "Webspam"
The Register MS isn't the sole culprit
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 12, 2026
IRC logs for Sunday, July 12, 2026
How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled
Links 12/07/2026: Palantir Unrest and Wireshark 4.6.7
Links for the day
Links 12/07/2026: New Instrument Time and PalmOS Experiences in 2026
Links for the day
Red Hat Staff Says IBM Policy Has Stigmatised Him as a Tool and a Slopper With Plagiarism Tools
IBM is killing Red Hat with slop
Freedom of Choice or Freedom Versus Choice (or When All Choices Are Incompatible With Freedom)
When some business asserts that it gives people different options, then it can rightly argue that it offers some choices, but that is not the same as freedom
Techrights IRC Turns 5 Without a “Code of Conduct”, “Code of Conduct Committee”, and All Those Bureaucratic Nightmares
18+ years if one counts our time in Freenode as well
Why U No Use AI???
Many hype waves come and go
There Are Still Slopfarms in Google News
Google is trying to participate in if not lead this pyramid scheme
The Cyber Show Explains How Slop and Promotion of Slop is About Taking Control Away From Computer Users
"On making a trustworthy machine"
Keeping Available the Site at All Times
Informal arrangements and crowdfunding keep our work available despite resistance (including from people who break the law)
What If "Era of AI" and "AI Revolution" (Fake News) Never Happened?
So how much longer before the bust (or bubble-burst)?
GNU/Linux Approaches 5% in Australia
5% by year's end?
Europe/EU is Moving Towards Independence, Fast to Adopt Free Software
More and more states (governments, public sector) in Germany are dumping Microsoft
GNU/Linux Grows at the Expense of Windows
People who want to get work done already left Windows
Tux Machines Growing as a Volunteers-Run Site
Historically the site did not have many original stories, but this changed as the audience grew and the site gained more recognition
Links 12/07/2026: European Commission Versus ‘Addictive Design’, "Google Loses Final Appeal Over $4.7 Billion EU Android Antitrust Fine"
Links for the day
GNU/Linux Market Share Increases Some More Today, statCounter Measures It at 7.3%
Will more such thresholds and records be broken?
Gemini Links 12/07/2026: Studying Languages and 2026 Old Computer Challenge (OCC)
Links for the day
EPO "Cocaine Communication Manager" - Part XIII - At the EPO, Cocaine Addicts and Their Friends Are "Protected Class"
What does that tell us about the EPO?
Increasing Output by Focusing on Originals
It's probably more important to carry on with these than it is to keep abreast of non-crucial news
Amid Strikes and Industrial Actions, Young Professionals at the European Patent Office (EPO) Kept on 'Short Leash', According to the Local Staff Committee The Hague
Issues affecting Young Professionals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 11, 2026
IRC logs for Saturday, July 11, 2026