Bonum Certa Men Certa

Nobody But Patent Trolls and Litigators Will Benefit From the Corruption of the European Patent Office

They profit from the chaos they are creating, abusing the authority given to them

EPO on a plane



Summary: IAM, EPO leadership, Iancu and the rest of these raiders are enabling corruption and facilitating or supporting a racket; that money they collect comes at the expense of future victims of their "clients" or "customers" (that's what they call applicants, to whom they grant dubious monopolies as a matter of urgency)

THE DIRECTION the European Patent Office (EPO) has taken since António Campinos inherited Office is no different from Battistelli's. One Frenchman just inherited another's task. He inherited a policy that he has no problems with; he has also inherited all the worst elements of the U.S. Patent and Trademark Office (USPTO), notably software patents which we will deal with separately in our next post.

"The EFF, as it turns out, belatedly realises Iancu was all along trouble."About a week ago the management of the EPO made it obvious that it works for overseas patent trolls; European businesses aren't a priority. As patent maximalists have just put it : "The EPO and the Licensing Executives Society International have signed a memorandum of understanding with the intention of enabling innovators to make better use of the EPO system [...] The president of the EPO, António Campinos, and the president of the Licensing Executives Society International (LESI), François Painchaud, have signed a memorandum of understanding on bilateral cooperation at LESI’s Winter Planning Meeting in Miami."

"Licensing" just means taxing and those who are doing this represent patent mills rather than innovators. On that same trip there were other revealing activities attributed to Campinos; he also met Andrei Iancu on that visit. Aseet Patel wrote in Watchtroll 2 days ago that "Andrei Iancu has led the charge to improve predictability of patent-eligible subject matter." Rather the opposite; he promotes granting fake patents that are predictably bunk, reducing the legal certainty associated with US patents.

Over the weekend we've surveyed some of the latest software patents to be thrown out by US courts or get wrongly granted by the Office. This gross disparity shows that the USPTO departed from the rule of law (like EPO under Battistelli). The EFF, as it turns out, belatedly realises Iancu was all along trouble.

"The patent trolls' lobby (IAM) responded to the EFF by speaking for trolls, heckling trolls' exposers, and generally being strident as usual."Authored by Joe Mullin under "Patent Trolls" (after had spent nearly a decade covering the subject) was this article ("Entrepreneurs Tell USPTO Director Iancu: Patent Trolls Aren’t Just 'Monster Stories'") on which he later expanded: "For 10 years as a journalist, I listened to entrepreneurs, big & small, complain of patent troll extortion. @uspto director Iancu is wrong to deny the harms that PAEs (trolls) cause. Proud to publish this letter from 24 biz owners who wouldn't stay quiet..."

The EFF said: "The director of the @uspto has said patent trolls are nothing more than "monster stories." Today, we're publishing a letter signed by 24 small businesses that makes clear patent trolls are all too real."

From the corresponding post:

Patent trolls aren’t a myth. They aren’t a bedtime story. Ask a software developer—they’re likely to know someone who has been sued or otherwise threatened by one, if they haven’t been themselves.

Unfortunately, the new director of the U.S. Patent and Trademark Office (USPTO) is in a serious state of denial about patent trolls and the hurt they cause to technologists everywhere. Today a number of small business owners and start-up founders have submitted a letter [PDF] to USPTO Director Andre Iancu telling him that patent trolls remain a real threat to U.S. businesses. Signatories range from mid-sized companies like Foursquare and Life360 to one-person software enterprises like Ken Cooper's. The letter explains the harm, cost, and stress that patent trolls cause businesses.

Patent trolls aren’t a thing that happens once in a while or an exception to the rule. Over the past two decades, troll litigation has become the rule. There are different ways to measure exactly what a “troll” is, but by one recent measurement, a staggering 85 percent of recently filed patent lawsuits in the tech sector were filed by trolls.

That’s almost 9 out of 10 lawsuits being filed by an entity with no real product or service. Because the Patent Office issues so many low-quality software patents, the vast majority of these suits are brought by entities that played no role in the development of the real-world technology they attack. Instead, trolls use vague and overbroad patents to sue the innovators who create products and services. This is how we end up with patent trolls suing people for running an online contest or making a podcast.


This is unfortunately what also happened at the EPO.

The patent trolls lobby (IAM) responded to the EFF by speaking for trolls, heckling trolls' exposers, and generally being strident as usual. It wrote a bunch of tweets like this: "The @unifiedpatents report the EFF links to states that 60% of high-tech litigation was instituted by PAEs last year. The EFF chooses to claim that 85% was instituted by Trolls, which is actually the percentage Unified allocated to all NPEs. Maybe @joemullin could explain why."

IAM is literally funded by patent trolls and also by the EPO's PR firm. IAM is almost literally an extension of the EPO's PR department and it's also lobbying Iancu, who spoke alongside Battistelli at IAM events.

"The EPO's President and Iancu really don't seem to get it. They're consciously aiding trolls."Josh from CCIA ended up feeding the troll (or the patent trolls' lobby) [1, 2, 3] by stating: "But a number of individual inventors operate as trolls. (Eg, Landmark Technology, which Unified classes as an NPE - individual inventors and which accounts for a significant chunk of that category all by itself.) [...] And the individual trolls tend to be far more prolific than actual individual inventors when it comes to lawsuits. So, while some portion of that 25% may be the kind of inventors you describe, the clear likelihood is that the majority are trolls. To me, Joe’s piece holds. [...] If an individual inventor doesn’t practice their patent and seeks to enforce it, aren’t they definitionally an NPE?" (they are, by definition)

The EPO's President and Iancu really don't seem to get it. They're consciously aiding trolls. A day ago the EPO wrote (linking to its "SME" nonsense, pretending to exist in the name/interests of the "small guy"): Negotiation is the preferred way to solve potential infringement issues; litigation is regarded as a last resort."

"Negotiation" is sometimes merely a euphemism for blackmail and extortion, I've told them -- something that the EPO facilitates with low-quality and incorrect grants for patent trolls. These prey the most (or most effectively) on SMEs that aren't able to afford a legal fight (day in court), so they end up settling over patents they know to be bogus.

There's meanwhile this new article by Toby Hopkin and Mark Roberts (J A Kemp) in which they speak of PCT. They say that "granted EP patent may be used to streamline prosecution before other national patent offices of interest," but what if this European Patent is a fake one? Only blackmailing patent trolls benefit. This goes back to Battistelli with his notorious "Early Certainty" (preliminary decisions before facts are even known). To quote:

In 2014, the EPO launched the Early Certainty initiative to speed up the patent granting process. This initiative has resulted in speedier establishment of search reports and a shorter examination procedure. As can be seen from the chart, the result is that the number of EP patents granted since the launch of the initiative has increased far more quickly than the number of patent applications filed. This is confirmed by our experience, in which a quicker turnaround time has been noticeable, with an increasing number of applications proceeding to grant directly after a response to the search report is filed.

While options exist to slow down prosecution if desired, this increased prosecution speed opens up a new possibility for an international filing strategy. The strategy proposed below shows that a granted EP patent can be secured before the 30/31m deadline for further PCT national phasing, especially where a positive WO-ISA is issued by the EPO.

The granted EP patent may be used to streamline prosecution before other national patent offices of interest, especially if a national patent office is part of a Patent Prosecution Highway (PPH) agreement. For example, the IP5 PPH covers the five biggest patent offices, namely China, Japan, Korea, the United States and the EPO.


We've already written a great deal about the problems associated with "Early Certainty" and PPH. They're basically rushed 'judgments' or leap towards conclusions before facts are even assessed. We've already seen how that's misused for raids and embargoes, including at the EPO. Later it turns out that the underlying EPs are bogus.

Recent Techrights' Posts

Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
 
Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026