Bonum Certa Men Certa

The Death of Patent Quality at the EPO and the European Commission's Latest Smackdown of the EPO's Patent Maximalism

Thorny business over patents on seeds, plants etc.

A seed



Summary: Yet more debunking of the ludicrous notion that the European Patent Office (EPO) maintains patent quality when grants go through the roof, sometimes irrespective of applications' quality

THE EPO was once the world's best patent office. Almost nobody would deny that. A lot has changed, however, and further exacerbated (accelerated decline) by Battistelli, who made the Office an unbearable place to work in.



What on Earth is an EP worth these days? Probably nowhere near the value of an EP even a decade ago. An EP is not so hard to get; it's no longer a 'trophy'. A whole paid-for press release about one such EP has just been published by Reuters (at great expense) only to say: "European Patent Office (EPO) has announced the intent to grant Respiratorius patent for VAL001, "A Pharmaceutical Composition Comprising a HDAC inhibitor and a steroid and the use thereof.""

So what? Here is another new example:

In the third quarter, The European Patent Office (EPO) confirmed that they had not received an appeal from the opponent regarding BioPorto’s NGAL Forms patent. This means that the patent remains valid. BioPorto has appealed EPO’s decision on the Exclusion patent, which was ruled invalid earlier this year. The NGAL Cutoff patent application has been amended according to the response from the EPO and BioPorto expects an approval to issue the patent within months.


But what is the validity of EPs once tested by European courts in the future? It may be hard to tell until half a decade from now.

"But what is the validity of EPs once tested by European courts in the future? It may be hard to tell until half a decade from now."Be very careful repeating these latest lies from the EPO (some still repeat these). See our previous posts about gross mis-evaluation of EPs. This latest example links to this puff piece generated by lies, soon to be repeated over and over again by the EPO. These lies and bogus (misleading) numbers from the liars of the EPO would have us drooling over € 5.7 TRILLION, but only a fool would believe that. See this tweet and two more that say [1, 2]: "IPR-intensive industries generated a trade surplus of € 96.4 billion for the EU" and "IPR-intensive industries directly generated 28% of all jobs in the EU" (linking to epo.org).

IAM 'magazine' too is dropping some extraordinary numbers, but expecting IAM to lie is more natural than expecting the EPO to lie (until more recently, especially this year).

This brings us to the issue of patent scope. Here is EPO saying: "These are the topics we've prepared for this year's Indo-European conference on ICT-related patents" (pushing for software patents again, clearly against the rules).

"Europe does not really have software patents, except in cases where examiners don't do their job properly. They're tricked or misled into thinking that a device -- such as a general-purpose computer -- makes the supposed invention "hard" rather than "soft" (or abstract)."See this recent article about software patents in Spain and take into account the situation in Germany and in the UK. Europe does not really have software patents, except in cases where examiners don't do their job properly. They're tricked or misled into thinking that a device -- such as a general-purpose computer -- makes the supposed invention "hard" rather than "soft" (or abstract).

EPOPIC too, on the face of it, includes talks about software patents where Philpott promotes/defends these. "We'll be discussing what clients expect from patent searchers at #EPOPIC," the EPO wrote, "For conclusions stay tuned!"

They separately wrote: "The Patent Information Conference 2016 starts next week. We look forward to your comments at #EPOPIC" (epo.org links again).

They don't care about comments. Battistelli listens to and obeys nobody. "There has been enormous progress in Asian patent information in recent years," the EPO wrote. "Follow #EPOPIC to learn more..."

Naturally, they have said absolutely nothing about major news that we first found out about via Dr. Glyn Moody, who alerted us to this article in German. The EPO's patent maximalism problem is getting noticed; it makes politicians furious or at least antagonistic. Petra Kramer said about it that it's "a further indication that patent quality is deteriorating under Batistelli" and she prepared a translation of this article in Dutch, her mother's tongue. Source here (must accept cookies and other barriers).

European Commission invalidates EPO's decision to patent tomatoes and broccoli



No patents can be filed on plant breeding in principle. "Improved" properties obtained through conventional, biological breeding methods are not patentable. That is what the European Commission decided on Thursday in an explanatory statement of a 1998 directive designed to protect biotechnological inventions.

The European Patent Office decided in March 2015 that enhanced products may be eligible for a patent under conditions. This would apply, for example, crossed broccoli or tomato species. Brussels now says that it was never the intention of the direction and that it leads to legal problems.

The European Parliament expressed itself last year against the decision of the patent office. MEPs as Jan Huitema (VVD) and Bas Belder (SGP) [both right wing, big business friendly parties - Petra Kramer] would prevent European farmers and growers who breed plants without biotechnology. EPO's decision prevented them from using patented seeds of their home-grown plants.

Innovation

,,Patents on natural properties of plants stifle innovation and are a threat to the food supply and crop diversity,'' Huitema responds. ,, The first battle has been won, the European Patent Office will have to comply by adapting their guidelines based on this new information.''

Netherlands is the second largest exporter of agri-food products worldwide. The Ministry of Economic Affairs has organized a symposium in Brussels in May with the aim to correct ,,imbalance 'between the rights of patent holders and producers' rights. There the conclusion quickly came forward that a pragmatic solution had to be made to put an end to the legal uncertainty.


Soon thereafter we also found coverage of something related to this from Switzerland (but in English). Quality of patent examination at the EPO obviously fell under Battistelli. It is now worse than even the USPTO, according to this new report. To quote:

A recently published study finds that, contrary to a conventional view, the United States Patent and Trademark Office undertakes more rigorous patent examination than the European Patent Office and the Australian Patent Office.

The study, published in the John Marshall Law School Review of Intellectual Property Law, provides “an answer to a question that, rather surprisingly, has not been addressed in the academic literature to date: What is the practical effect of patent examination?”


Petra Kramer asked: "How is EPO's court appointed? Is it private (like ISDS) or public?"

"You mean boards or courts or tribunals maybe," I replied, but she insisted on "[t]his one: the highest court of the European Patent Office has declared that plants are patentable."

It's a 2015 article/report about something that we covered here before. IP Watch has just covered this latest development (behind paywall) and it doesn't look good for the EPO, which is increasingly disgraced. It grants patents on things that should never have been considered in the first place. Here is a report in English about it:

In a long awaited explanatory statement, the EU Commission takes the view that plants and animals that are obtained by means of “essentially biological” breeding are non-patentable. This statement is in strong contradiction to the current practice of the European Patent Office (EPO), which has already granted more than 100 patents on conventional breeding, e.g. on tomatoes and broccoli.

The international coalition No Patents on Seeds! has for many years been demanding that these patents are stopped. With the support of many thousands of supporters, they have filed petitions and oppositions. They are seriously concerned about the increasing monopolisation of the seed and food production. The organisations in the international coalition are now calling on the political decision-makers to ensure that the EPO fully adopts the EU statement, and the rules for the interpretation of patent law become legally binding.


Next time Battistelli brags about maintaining patent quality (probably next month in the Administrative Council's meeting) show him the above. Battistelli is a chronic liar who turned the EPO from world leader into a public fiasco. This tarnishes Europe's reputation and severely harms its competitiveness.

Recent Techrights' Posts

Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
 
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work
Microsoft's Windows Down to 8% in Afghanistan According to statCounter Data
in Vietnam Windows is at 8%, in Iraq 4.9%, Syria 3.7%, and Yemen 2.2%
[Meme] Only Criminals Would Want to Use Printers?
The EPO's war on paper
EPO: We and Microsoft Will Spy on Everything (No Physical Copies)
The letter is dated last Thursday
Links 22/04/2024: Windows Getting Worse, Oligarch-Owned Media Attacking Assange Again
Links for the day
Links 21/04/2024: LINUX Unplugged and 'Screen Time' as the New Tobacco
Links for the day
Gemini Links 22/04/2024: Health Issues and Online Documentation
Links for the day
What Fake News or Botspew From Microsoft Looks Like... (Also: Techrights to Invest 500 Billion in Datacentres by 2050!)
Sededin Dedovic (if that's a real name) does Microsoft stenography
Stefano Maffulli's (and Microsoft's) Openwashing Slant Initiative (OSI) Report Was Finalised a Few Months Ago, Revealing Only 3% of the Money Comes From Members/People
Microsoft's role remains prominent (for OSI to help the attack on the GPL and constantly engage in promotion of proprietary GitHub)
[Meme] Master Engineer, But Only They Can Say It
One can conclude that "inclusive language" is a community-hostile trolling campaign
[Meme] It Takes Three to Grant a Monopoly, Or... Injunction Against Staff Representatives
Quality control
[Video] EPO's "Heart of Staff Rep" Has a Heartless New Rant
The wordplay is just for fun
An Unfortunate Miscalculation Of Capital
Reprinted with permission from Andy Farnell
[Video] Online Brigade Demands That the Person Who Started GNU/Linux is Denied Public Speaking (and Why FSF Cannot Mention His Speeches)
So basically the attack on RMS did not stop; even when he's ill with cancer the cancel culture will try to cancel him, preventing him from talking (or be heard) about what he started in 1983
Online Brigade Demands That the Person Who Made Nix Leaves Nix for Not Censoring People 'Enough'
Trying to 'nix' the founder over alleged "safety" of so-called 'minorities'
[Video] Inauthentic Sites and Our Upcoming Publications
In the future, at least in the short term, we'll continue to highlight Debian issues
List of Debian Suicides & Accidents
Reprinted with permission from disguised.work
Jens Schmalzing & Debian: rooftop fall, inaccurately described as accident
Reprinted with permission from disguised.work
[Teaser] EPO Leaks About EPO Leaks
Yo dawg!
On Wednesday IBM Announces 'Results' (Partial; Bad Parts Offloaded Later) and Red Hat Has Layoffs Anniversary
There's still expectation that Red Hat will make more staff cuts
IBM: We Are No Longer Pro-Nazi (Not Anymore)
Historically, IBM has had a nazi problem
Bad faith: attacking a volunteer at a time of grief, disrespect for the sanctity of human life
Reprinted with permission from Daniel Pocock
Bad faith: how many Debian Developers really committed suicide?
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 21, 2024
IRC logs for Sunday, April 21, 2024
A History of Frivolous Filings and Heavy Drug Use
So the militant was psychotic due to copious amounts of marijuana
Bad faith: suicide, stigma and tarnishing
Reprinted with permission from Daniel Pocock
UDRP Legitimate interests: EU whistleblower directive, workplace health & safety concerns
Reprinted with permission from Daniel Pocock