Bonum Certa Men Certa

EPO Staff Points Out That as the European Patent Convention Turns 50 It is Grossly Being Violated by Corrupt EPO Management



Summary: The EPO's Central Staff Committee points out that the European Patent Convention (EPC) is still routinely being violated by Europe's second-largest institution and Europe's largest patent office, which is meant to be strictly governed by the EPC; The European Union (EU) and Commission (EC) do nothing to tackle this rapid departure from the rules of Europe, instead hypocritically deflecting to Poland

THE EPO's insiders have long complained that parts of the EPO were managed by people without suitable qualifications in the field they were entrusted to manage. This actually predates Benoît Battistelli and António Campinos; one glaring example was provided in the area of software patents last year. Battistelli used to boast to the media about three examiners being assigned to each application and last summer we rebutted such lies told in a talk by Campinos. The fact of the matter is, today's EPO is governed by incompetent idiots and sometimes utterly corrupt officials. Examiners have become cynical about their "managers". They now try to rely on kangaroo patent courts to authorise their abuses, even if such courts are both illegal and constitutional. Such 'courts' ought not exist and conventions were deliberately violated to ratify them with help from the EU (the EC had long been infiltrated and was complicit in this, as was the German government).



"The fact of the matter is, today's EPO is governed by incompetent idiots and sometimes utterly corrupt officials."As the 50th anniversary of the European Patent Convention (EPC) approaches we can expect EPO insiders to keep sounding off, reminding people of the many ways today's EPO violates the EPC, its very founding document.

Today we managed to get a copy of a message to EPO staff, authored by staff representatives, the Central Staff Committee.

Here is what they told staff:

50 years EPC: The right files to the right people?



Dear colleagues,

Following various initiatives, EPO management concluded that a decreasing number of examiners in certain technical fields could only manage the workload with the creation of a “Digital File Marketplace (DFM)”, i.e. a DG1-wide, open and transparent marketplace where workload or examiner capacity can be offered to other examiner teams.

In the years 2020 to 2022 search and examination files were transferred between teams of different technical fields attached with a DFM marker, indicating the quality-ensuring composition of Examining Divisions or possible future Examining Divisions. However, in the same period much more search and examination files were transferred between teams of different technical fields without a DFM marker.

It is thus questionable whether VP 1’s promise to the members of the Industry Patent Quality Charter (IPQC) to further enhance the patent quality could be achieved by redistributing patent applications among different technical teams. Especially as many thousand files had already been redistributed in the period leading to the IPQC’s concerns. It rather appears that an Examining Division composed of members not qualified for the technical field of an application would rather tend to quickly grant patents of lower quality.

The figures show that far too many files are treated by Divisions outside the appropriate technical field. Instead, the right file should go to the right people. But here it is necessary to walk the talk:
  • Better capacity planning is indispensable.


  • New colleagues with the necessary expertise are to be recruited.


  • More technical training must be offered to colleagues who want to change their technical field.


Here is a plain text/GemText/HTML version of the more detailed version, which includes some graphics (for HTML):

Munich, 15.06.2023 sc23065cp

50 years EPC, part I “An Examining Division shall consist of three technically qualified examiners. ...” Article 18(2) EPC (warning: epo.org link)

The right files to the right people?



Does redistributing the search and examination files
among different technical teams enhance patent quality?


Already in 2010 a closer involvement of national patent offices into the patent granting procedures of the EPO was envisaged. This discussion led to a controversial debate on the fundamental legal question of whether, by joining the EPO and ratifying the EPC, the Contracting States of the EPC ceded sovereign rights to the EPO and only to the EPO1. It was argued that because of the cession of rights each Contracting State may also expect that all essential procedural steps of patent examination be carried out by the EPO. In this context – and this brings us back to the initial question of patent quality and the redistribution of files – European industry associations also warned of a loss of patent quality since it was questioned how and whether small national patent offices could be involved in the examination of patents in deeply specialised areas of technology. It was – and still is – regarded as one of the EPO’s essential guaranties for high patent quality that, due to its high number of patent examiners unrivalled by any national patent office, particularly specialised examiners treat patent applications of a rather narrow technical field.

The Digital File Marketplace

Following the Office’s initiatives “early certainty”, “boosting the production2” and “soft landing” in combination with a conservative recruitment policy, the conclusion came up that the workload on a decreasing number of examiners in certain technical fields could only be managed by introducing a “Digital File Marketplace (DFM)” – i.e. “a DG1-wide, open and transparent marketplace where workload [e.g. patent application files] or examiner capacity can be offered to other examiner teams”. As the work within the Examination Division was regarded as a key to maintaining the EPO quality standards, the DFM initiative thus aimed at Examining Divisions composed of an entrusted examiner from the workload receiving team, a technically qualified chairperson and a second examiner from the workload offering team. At least the two members from the workload offering team are therefore specialised experts from the technical field to which the patent application was originally assigned.

_____ 1 See for example Dem Europäischen Patentamt droht Entmachtung, Süddeutsche Zeitung, 19.05.2010 2 Also known under “getting there faster”




In the years 2020 to 2022 more than 3.500 examination files (i.e. 1,0% of all finished examination files treated in the same period) and more than 4.300 search files (i.e. 0,6% of all finished search files treated in the same period) were transferred between teams of different technical fields under this DFM initiative attached3 with a DFM marker, indicating the quality-ensuring composition of Examining Divisions or possible future Examining Divisions.

However, in the very same period more than 21.600 examination files (i.e. 6,4% of all finished examination files treated in the same period) and more than 106.600 search files (i.e. 15,6% of all finished search files treated in the same period) were transferred between teams of different technical fields without DFM marker. Therefore, on top of the reduction in available examination and search time due to the Office’s conservative recruitment policy, more than 21.600 applications were apparently not examined by an Examining Division composed of members of a team qualified for the technical field of these files. Furthermore, 106.600 applications were apparently not searched by members of the technical teams to which the files had originally been allocated.

4300 vs 106600: Transferred search files / with DFM marker without DFM marker; 3500 vs 21600: Transferred examination files / with DFM marker without DFM marker



The right file to the right people?

It is thus questionable whether VP 1’s promise to the members of the Industry Patent Quality Charter (IPQC) to further enhance the patent quality could be achieved by harmonising the examining procedures by redistributing patent applications among different technical teams. Especially as many thousand files had already been redistributed in the period leading to the IPQC’s concerns. It rather appears that an Examining Division composed of members not qualified for the technical field of an application would rather tend to quickly grant patents of lower quality, as already feared by European industry associations back in 2010.

The Central Staff Committee fully supports the idea that the right file should go to the right people. But here it is necessary to walk the talk. The figures show that far too many files are treated by Examining Divisions outside the appropriate technical field. Better capacity planning is indispensable. New colleagues with the necessary expertise are to be recruited. More technical training must be offered to colleagues who want to change their technical field.

Your Central Staff Committee

_____ 3 Detailed statistics show the number of transferred files that were treated under the Digital File Marketplace (DFM) initiative, and the number of files that were simply transferred



By the looks of it, as per above, EPO staff intends to repeatedly protest the deviation from the Rule of Law as well as key conventions at the EPO. This institution is now run for and by patent litigators and monopolies (their clients), not for science or by scientists (don't be misled by the latest puff piece in the "news" section of the EPO's site; imagine actual criminals awarding you a "Lifetime Achievement laureate" to distract from their crimes by 'science-washing').

Recent Techrights' Posts

British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
 
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."
Sophie Brun, Raphel Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
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?
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
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026