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

IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
 
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026