Bonum Certa Men Certa

EPO is Like a Patent Litigation (Without Actual Trial) Office, Not a Patent Examination Office

It's already acting like the UPC (with judges controlled by the office), giving way/rise to litigation or shakedown irrespective of the merit of underlying patents

Examination and litigation
Examination fast-tracked for litigation if not blackmail purposes (putting the burden of proof on the accused). See "Guidelines for Examination in the European Patent Office".



Summary: Examination of patent applications isn't taken seriously by an office whose entire existence was supposed to be about examination; bureaucracy at the top of this office has apparently decided that the sole goal is to create more demand (i.e. lawsuits) for the litigation 'industry'

THE EPO is weaponising its monopoly powers and arming patent aggressors; it gives "weapons" to firms that leverage totally bogus patents against rivals (we'll use Qualcomm as a new example in our next post).



The EPO no longer cares about quality of patents; the only "quality" it seems to understand is speed of granting. It's a rubber-stamping operation, which the EPO increasingly puts in the hands of proprietary machines rather than humans (examiners). It's like another INPI. Yesterday the EPO persisted with the usual number of tweets in favour of software patents (same old 'script'); it has gotten so bad that we see no point even pointing this out anymore; it would be almost spurious because it has become so banal and repetitive. The EPO has no remorse about blatantly and openly pushing software patents in Europe. Any patent will do; just apply. Apply today! Apply now!

"The EPO no longer cares about quality of patents; the only "quality" it seems to understand is speed of granting."Some firms are looking to exploit these declining standards with self-promotional announcements, seminars, events, brochures and so on. Just before the weekend we saw some in Business Wire (press release) at least a couple of times, the Associated Press wire several times and PR Newswire (press release). They just try to shove lots of patents into the EPO, knowing perhaps that it has gotten a lot easier to have them accepted (even if courts later invalidate these).

What has the EPO become? Who will benefit from this?

We have meanwhile noticed that Liz Cohen from Bristows LLP is writing from the distant past again (27 September 2016). Their CMS is eternally broken and they don't even know how to use it. So many errors. Maybe she just updated a post of hers from 2 years ago after she had published this little piece and promoted it from an account that they've described as "Keeping you up to date with the latest Unified Patent Court and Unitary Patent news and developments" (it's actually a stream of jingoism and lies, sometimes fabrications).

"Wrongly-granted patents need not even go to/on trial; threat of litigation -- or blackmail -- is often enough."Cohen desperately uses as evidence of UPC "confidence" (don't laugh) a litigation 'industry' lobby doing a PR charade. This is laughable beyond belief, but this is the sort of propaganda we've become accustomed to seeing at Bristows LLP. The EPLIT (European Patent Litigators Association) is cited as "proof" of UPC "confidence" and Cohen says "content of these three courses corresponds to the curriculum for the European Patent Litigation Certificate (EPLC), set out in Rule 3 of the draft EPLC Rules."

But there's no UPC; they are promoting a lie. Remember that CIPA lied along with Battistelli about UPC in the UK; that was before the Max Planck Institute issued an almost 200-page-long paper disputing it (recall Bristows' appalling response to it several days ago). Thankfully, if not very much belatedly, English-speaking sites talk about it. IPPro Patents wrote the following yesterday:

The continued participation of the UK in the Unified Patent Court (UPC) and unitary patent will “not be possible” post-Brexit, according to Matthias Lamping and Hanns Ullrich of the Max Planck Institute for Innovation and Competition. Lamping and Planck made the comments in a paper covering “the impact of Brexit on unitary patent protection and its court”.

In the paper, Lamping and Planck argued that the unitary patent system rests on two legally different but interconnected pillars.

These are EU Reg 1257/2012, on the implementation of enhanced cooperation by the creation of unitary patent protection, and the Agreement between the Member States of the EU on the establishment of the UPC.

The UPC will have exclusive jurisdiction over invalidation and infringement actions concerning the European patent with unitary effect and/or the classic European (bundle) patent.

However, as Lamping and Planck commented, the link between unitary protection of European patents and the UPC Agreement is not only one of jurisdiction, but also one of “substantive law”.


According to World Intellectual Property Review, which wrote about it yesterday:

Two researchers at the Max Planck Institute for Innovation and Competition have argued that the UK will not be able to remain in the Unified Patent Court (UPC) Agreement after leaving the EU.

Matthias Lamping and Hanns Ullrich jointly published two studies in a paper called “The Impact of Brexit on Unitary Patent Protection and its Court”, where they argued that the inclusion of a post-Brexit UK in the Agreement will run contrary to the EU’s core values.

They said unitary patent protection cannot be dissociated from the “general legal order of the EU’s internal market” and be extended to the UK once it has left the EU.


The UPC will likely never happen, but the EPO's abusive behaviour already facilitates the arrival of many patent trolls -- a fact that Bristows staff try to deny in vain. Facts do not seem to exist (or are dismissed as invalid) when Team UPC does not like these facts.

BoingBoing has meanwhile caught up with an old paper which is summarised in yesterday's headline, "Research shows that patent examiners are more likely to grant patents to companies they later work for" -- a subject we wrote about back in May. In BoingBoing's words:

In their National Bureau of Economic Research working paper From Revolving Doors to Regulatory Capture? Evidence from Patent Examiners (Sci-Hub Mirror), Business School profs Haris Tabakovic (Harvard) and Thomas Wollmann (Chicago) show that patent examiners are more likely to grant patents for companies that they subequently go to work for; they also go easier on patents applied for by companies associated with their alma maters (where they have more connections and will find it easier to get a job after their turn in government service).



Appointments in this fashion aren't limited to the USPTO; as we showed in our previous post, there are similar and rather profound issues at the management level of the EPO. There's also the rumour that Battistelli is still trying to head the UPC (if such a thing ever exists), having laid the ground for poor patent quality and thus a lot of frivolous lawsuits.

Does the EPO work for UPC? Is the EPO itself becoming de facto UPC? Wrongly-granted patents need not even go to/on trial; threat of litigation -- or blackmail -- is often enough.

Recent Techrights' Posts

Don't Let Bastards and Haters Grind You Down
They say "jealousy is the sincerest form of flattery"
Goodbye, Dolly
This week we say "goodbye, Dolly."
How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
 
No Allure in Omarchy, the Political Hyenas Only Give it More Free Publicity
To me, Omarchy seems like a weak project because of the slop (an HR problem)
Twitter is Not an API or a Communication Site, It's a Really Bad Site That Forces You to be Enslaved by Its Algorithm (Amplifying Its Owner's Worldviews)
the crackdown on Nitter means we should all avoid accessing or linking to x.com (Twitter)
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026