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

Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
 
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026