Bonum Certa Men Certa

Even EPO Patent 'Justice' is Now Measured in Industrial Terms Like 'Production' Rather Than Accuracy

Strip on too many software patents in Europe



Summary: Europe is being flooded with loads of invalid (as per the EPC) patents that are enshrined as European Patents while judges are unable to stop that (there's a risk to their job if they dare try)

THE concept of justice ceased to exist at the European Patent Office (EPO), both inwards and outwards, i.e. towards employees and the public/stakeholders. Criminals who loot the Office are not being held accountable and innocent, law-abiding staff which insists on basic rights being respected gets punished -- or worse -- led to illness, sometimes suicide.



"If justice at the EPO wasn't already sufficiently destroyed, with annual reports from judges bemoaning (out in the open) their loss of independence, now comes another report."Remember what Battistelli has done even to judges. There was collective punishment (for all colleagues) and António Campinos has not brought them back to Munich after they were illegally sent to exile. This confirmed many people's fears that Campinos would cover up for his 'master', who had rigged the process to secure this job for him (a fellow Frenchman and old friend).

If justice at the EPO wasn't already sufficiently destroyed, with annual reports from judges bemoaning (out in the open) their loss of independence, now comes another report. "The 2018 Annual Report of the Boards of Appeal is out. Have a look here," the EPO wrote some hours ago, linking to an annual report page (warning: epo.org link). It has been mentioned by WIPR (and cited by us in passing as recently as this morning) before the EPO announced it, which makes one wonder if the EPO's PR people coordinated a puff piece with WIPR (whose staff told us there's a degree of coordination between the two). To quote the EPO:

The Annual report of the Boards of Appeal provides detailed statistics on proceedings before the Boards. It also describes general developments in the Boards during the preceding year.


These statistics don't tell the full story. It's not the full picture. They're quantitative rather than qualitative. They also overlook factors such as judges' fear of reprisal/retribution (if they rule the 'wrong' way, where wrong refers to the Office management's preferences). How many bogus software patents are being accepted?

The EPO has just used two meaningless buzzwords for illegal software patents being granted in Europe (two in one tweet even!). To quote today's tweet: "Experience the EPO first-hand by joining our next study visit. The focus will be on AI, the 4th industrial revolution and #patents ..."

No more "CII"? How about "ICT"? "This one made my day," Benjamin Henrion wrote this morning. "When you don't like something, just rebrand it! Just like Trump proposed to rebrand the Boeing MAX737 with another name. Forbidden software patents being rebranded as AI, 4th industrial revolution, and others."

Can the Board throw out all this "AI" nonsense? It's the kind of rubbish SUEPO was alluding to some weeks back.

Regarding the above report, IPPro Magazine's Barney Dixon and Ben Wodecki (the former speaks with staff, the latter usually just repeats PR from EPO management) have just published this article with a positive headline (as usual, especially for Wodecki). But also as usual, the key bits are further down at the bottom (probably added by Mr. Dixon, based on his source/s). To quote:

The report states that a total of 3,032 technical appeals were received in 2018, an 8.4 percent increase on the previous year. In 2018 2,733 technical appeal cases were settled, a 19.7 percent increase compared with the same period in 2017.

[...]

Timings of examinations are of increasing concern to EPO users, with a majority of users requesting greater flexibility in the timing of examination.

The EPO has faced criticism in recent years over its approach to tackling its backlog. Some of these measures have been linked to an increase in production targets for staff and a drop in overall patent quality.

The EPO has faced both protests and petitions against the perceived quality drop.

[...]

The Boards of Appeal is also undertaking a “comprehensive” revision of its rules. The report states that the aims of these revisions are intended to increase efficiency by reducing the number of issues to be treated, predictability for the parties, and harmonisation.

The revised rules won’t enter into force until 2020, but the report highlights that active case management by the boards will be a central element to the changes.

[...]

A source close to the Staff Union of the EPO said that the Boards of Appeal have already increased their productivity by 18 percent since 2017 and that production/productivity figures are now the “predominant criterion for evaluation” in the Boards of Appeal.


That says nothing about accuracy and quality. One could just assign decisions to a computer and reach decisions within milliseconds, based on so-called 'AI' (which doesn't guarantee anything).

When they're "increas[ing] their productivity by 18 percent" (read: cutting corners) it doesn't mean improved justice, only rushed 'justice'; the same issue that affects examination. You can never deliver a baby in 4.5 months by using two ladies in tandem. Proper work takes time and research, sometimes a lot of effort and contemplation.

Suffice to say, there's an effort by the EPO to introduce ludicrous courts where judges can be thrown out (limited tenures) and might not even speak the language of defendants! The EPO and the patent zealots thought of altogether replacing or deprecating these boards (even before they lost their independence) and earlier today UDL Intellectual [sic] Property's [sic] Garry Stuttard was trying to resurrect this zombie. The boards are under attack from many directions; that being the case, no justice can be assured in the EPO, only illusion thereof. It's a monarchic system of patents where patent maximalism is "God". God bless "productivity" and "efficiency" (i.e. the granting of as many patents as possible, as fast as possible!).

Recent Techrights' Posts

FOSSY (SFC) Platforming GAFAM, Sells Endorsement
Houston, we have a problem here
IBM's Age Discrimination Leads Workers to Contemplate Suicide While the CEO Becomes Billionaire for Lying to the Press and Faking Performance (Fraudulent Accounting)
IBM avoids issuing WARM notices
 
Keumars Afifi-Sabet Produces Useful, Informative Coverage Regarding Privacy
And it's good for Richard Stallman
Confirmed: Microsoft Layoffs in August 2026, Entire Operations Shut Down Too
Microsoft is just bleeding
Paying With Cash in 2026
Cash isn't going away. Not any time soon.
Blocking Tor Is Not a Solution, It's Paranoia
Tor is not a crime
Oligarchs and Their Footsoldiers Are Most Enthusiastically Loud About the Things They're Attacking
Like "Microsoft loves Linux"
Not Allowing Misogyny and Misogynists to Run the World
We stand with (and for) equality, justice, and freedom
"SPONSORED EXPLAINER" at The Register MS is Just More SPAM "Sponsored by HPE."
This is a great example of crap 'journalism'
IBM Won't Hire (or Hardly Hire) This Year
IBM is bluffing with buzzwords while shrinking out of existence and reducing salaries
SLAPP Censorship - Part 146 Out of 200: An Industry of Plagiarism, 'Normalised'
they pursue personal enrichment by stealing from Free software developers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 10, 2026
IRC logs for Monday, August 10, 2026
5.1k Capsules Known to Lupa, Gemini Protocol Crawler
If no limits (e.g. 10k max per capsule) were imposed on crawling, there would likely be millions of pages in the database
Gemini Links 11/08/2026: Waking Up Earlier, Whining About LLMs as Destructive Plagiarism
Links for the day
Links 11/08/2026: "The Enemy Is the Platform" and 'Vibe' 'Coding' Shown to be Little But Plagiarism
Links for the day
If Your Software Project Welcomes Bots, Then All You'll Have Left at the End Is Bots (Same for Sites Which Permit LLM Slop; They End up as Slopfarms and No Human Wants to Contribute Anymore)
A "slippery slop."
Clownflare Affirms Disturbing Trend of Web Monoculture (Which Extents to Clownflare Itself)
Clownflare itself is another layer of the same problem
The Open Web Is Not Coming Back
the open Web going out of control
Tell Me Something I Don't Know
Those who have a stake in the secrecy would do anything to maintain secrecy
Gemini Links 10/08/2026: Recollections and Washing Machine That Only Last a Few Years
Links for the day
Claims of Mass Layoffs at IBM (in Finance)
IBM tries hard to maintain an illusion of normality - to the point of viciously censoring critics and whistleblowers.
The Slop Bubble (Pyramid Scheme) is Becoming Bigger and Everyone Should be Terrified (Its Implosion Will Cause More Damage)
there's no plan for a turnaround
Microsoft and Apple Lose Ground to GNU/Linux in the United States
This contributes a lot to the international curve
Escaping Ads
When users do not want ads, then no ads should show up, period
For Second Year in a Row Software Freedom Conservancy (SFC) Loses Money (Over $3,000,000 Lost in 2 Years), Bradley M Kuhn Steps Down as Treasurer
lost almost $600,000 last year
Microsoft/GAFAM Operating at a Loss
Microsoft has financial problems
Nigel Farage crisis: Taylor Swift & Jeffrey Epstein both shunned cryptocurrency bosses
Reprinted with permission from Daniel Pocock
statCounter Now Sees GNU/Linux "Market Share Worldwide" at 9.21%, Soon 10%
If this data is more or less accurate, it's time for panic at Microsoft
Rumours of Impending Mass Layoffs in IBM's Yorktown Office, Impacting the LLM (Slop) Staff
Bubbles never last forever, hence their name
Links 10/08/2026: "Long COVID Linked to Lasting Damage in The Brain's Dopamine System", Microsoft’s Weather App Uses Over 1,000 Megabytes of RAM
Links for the day
Software Freedom Conservancy (SFC) Does Not Support Women, It Imitates Authentic Organisations, Embraces Misogynists, Then Projects
They try to monetise for personal gain at the expense of unpaid volunteers
When You're Evil and You're Publicly Attacking Something, That Something Will Become More Popular
when an oppressor becomes openly oppressive and does anything to squash/censor critics, the outcome will typically be detrimental to the oppressor
Links 10/08/2026: "Against Oligarch" and "The Invisible Women"
Links for the day
Social Control Media Deathwatch: After Nearly a Million Posts Sent EchoFeed Shuts Down
EchoFeed is hardly unique
When the LLM Chatbots Industry (Trillions in the Red) Quits Paying the Media for FOMO
fear of missing out, or FOMO for short
Microsoft Killing Morale
branding the process “inhumane” and “demoralizing”
Google's "AI Overview" as Proprietary Censorship Engine and Gatekeeper
People do not choose to use this, Google is just shoving that in people's faces, encouraging laziness and misinformation
SLAPP Censorship - Part 145 Out of 200: They Tried Hard to Hide the Fact Their Client Had Been Sued, Twice Even
A month ago Brett Wilson LLP tried to take my wife "to the side" (in effect isolated) to make her an offer
statCounter: GNU/Linux Up to 8.95% Globally
So the estimates are being "corrected" upwards, not downwards
Explaining How Someone Attempted to Cancel RMS This Year (and Failed)
The process itself involved debunking some falsehoods
Microsoft's "XBOX Ranks Last", IBM is Headed for Extinction
If Microsoft cannot dominate its own "home turf", what prospects are there elsewhere?
DebConf6 fight denied by Google artificial intelligence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 09, 2026
IRC logs for Sunday, August 09, 2026
Gemini Links 10/08/2026: A Mild Monday, Sleepy Saturday, OUYA, and Moving to GNU/Linux
Links for the day
Links 09/08/2026: US Blackouts (Energy Wasted), Slop to Evade Accountability, and Software Patents Framed as "Hey Hi"
Links for the day
Gemini Links 09/08/2026: Parakeets in Britain and Rant About 'Modern' Washing Machines
Links for the day
Links 09/08/2026: Social Control Media Weaponises Immigration, Europe Suffers Severe Drought, and "Internet of Stuff" Explained
Links for the day
SLAPP Censorship - Part 144 Out of 200: The "Hired Guns" ("Media" at BW) Shrank Almost Three-Fold Since They Sued Us in 2024
No wonder they're so visibly outnumbered
10 Days Ago Red Hat Formally Terminated Employment of About 500 Technical Workers (the Media Didn't Mention This)
IBM has nothing left to do except fire people (in secret) whilst attacking sites that give these people a voice
Freenode Continues to Shed Off Servers and Users, Good Thing We Abandoned It
you cannot sell communities. It leads to chaos
Daniel Pocock in the Sunday Times (Today)
Expect the attacks (from Pocock's haters, motivated by envy) to intensify
Controlling One's Platform
We need to strive for or actively pursue a Web where everyone has their own platform/s and where censors ("moderators") have no direct control over these platforms
Improving the Static Site Generator (SSG), Fixing Bugs
Next month the site's SSG turns 3
Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026