06.29.17

Gemini version available ♊︎

Lack of Patent Quality at the EPO Already Leads to the Axing of Many European Patents (EPs) in Bulk

Posted in Europe, Patents at 11:50 pm by Dr. Roy Schestowitz

So any person granted a European Patent can expect that his/her patent may be revoked/subjected to axing without even a pertinent review/trial

Argentine great depression.
Reference: 1998–2002 Argentine great depression (few Argentinians deposit anything in a bank account since)

Summary: The EPO takes away from people something which they thought they had, spurring distrust and anger at the Office and ultimately devaluing EPs (perceived value)

YESTERDAY we wrote, however briefly, about CIPA's objections to the narrowing of patent scope where the patents pertain to life (not even the USPTO is that stupid). In spite of CIPA’s views (it is basically a nasty lobbying group of patent maximalists), the EPO made is official (warning: epo.org link) that, in its own words: “On a proposal of the European Patent Office its Administrative Council took a decision to amend the relevant Regulations in order to exclude from patentability plants and animals exclusively obtained by an essentially biological breeding process.”

“What does that do to confidence in EPs and the EPO in general?”So basically, after people spent a fortune pursuing patents on such things the EPO formally admits that it granted patents in error. It’s not merely a suspension but a de facto axing of patents.

Holy ****.

What does that do to confidence in EPs and the EPO in general? That’s a pretty major change at the Administrative Council. As someone put it in response to a tweet: “Can you change the law retroactively and at one days notice? Can the administration council change what can be patented?”

Well, apparently so.

This has already been covered by IP Watch and apparently nowhere else (that we could find). It mostly reproduces the official statement. To quote:

The European Patent Office today issued a clarification about the patenting of plant and animal products, putting it in line with a European Commission clarification that such products obtained through a biological breeding process should not be patentable.

Further reporting will follow as more details emerge. The documents are still in the hands of the EPO Administrative Council, but will be made available to the public soon, according to the EPO.

We will report on this as soon as we know more, but herein lies the danger of overgranting patents — something which Battistelli actively strives for in the name of so-called ‘production’.

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