07.13.17

As Expected, Benoît Battistelli Shaved off Billions of Euros Worth of ‘Value’ From European Patents and Thus Alienated Stakeholders

Posted in Europe, Patents at 4:49 am by Dr. Roy Schestowitz

“IPR-intensive industries” — as the EPO likes to call them — suffer profoundly as a result of Battistelli’s departure from a system of proper appeals, wide window for oppositions, and thorough examination

Patent valuation
Reference: Patent valuation

Summary: Overpatenting at the European Patent Office (EPO) means that a lot of patents granted by the EPO are of little or no value, rendering the whole pool of patents questionable until proven otherwise (e.g. in a court of law)

THE quality of European Patents (EPs) has suffered a profound decline. Battistelli will keep lying about it (that’s his specialty), but even patent examiners at the EPO admit that his policies made this decline almost imperative (unless they want to risk being sacked).

“…even patent examiners at the EPO admit that his policies made this decline almost imperative (unless they want to risk being sacked).”Battistelli’s bad policies not only caused the massive increase in grants etc. (which isn’t necessarily a good thing, especially as patent applications declined in the same period) and as recently as 7 months ago we saw the effects. This was formalised at the very end of last month when many law firms were in lower capacity due to holidays. CIPA, which is now occupying blogs, tried to oppose/veto this, but to no avail.

Now that more of these firms have had time to study the changes they sound anything but satisfied. Their clients may be feeling betrayed, having paid a fortune for patents that are no more.

Marks & Clerk’s George Lucas has just published this analysis of what happened:

The EPO has decided that products of essentially biological processes are to be excluded from patentability

[...]

It appears that this change means that the previous “Broccoli” and “Tomatoes” cases would be decided differently today and that neither patent would be upheld; although this may depend on whether they were held to be “exclusively obtained” by means of an essentially biological process – an issue on which we can hope for further guidance in due course.

Finnegan, another one of those large law firms, said this:

The EPO is expected to issue further guidance on the scope and meaning of this Rule in the next revision to its Guidelines for Examination later this year. If the EPO follows the reasoning of the EU Commission notice, then it is likely that transgenic plants and animals, and plants or animals obtained by technical mutagenesis (e.g. CRISPR, TALEN, ZFN) will still be patentable in Europe, but that plants or animals that are produced by natural crossing, and selected on the basis of particular markers, traits or characteristics, will no longer be patentable.

NLO, using IAM as a platform, says that “[t]he decisions caused some commotion; yet the story did not end there.”

Here is another new analysis from legal firms’ sites:

On 3 July, the European Patent Office (EPO) lifted its stays of proceedings on cases that had been held in abeyance pending new rules on the patent-eligibility of plant-related subject matter. Following an intervention by the European Commission in November 2016, as of December 2016 the EPO had stayed the prosecution of a number of plant-related applications pending a possible rule change. The EPO’s Administrative Council then decided at the end of June 2017 to enact some new EPC Rules in this area. These became effective almost immediately, as of 1 July 2017 and are applicable to both existing and newly filed applications.

“EPO director clarifies new plant patenting rules amid MEP concerns,” said a news headline that’s not from a law firm (for a change).

Breeders generally welcome this decisions, except the monopolists who strive to ‘own’ life. As Agranet put it yesterday:

Natural traits in plants are patentable when they can be isolated from their natural environment, but the onus of showing whether the trait is the outcome of a biological or a technical process lies with the breeder, European Patent Office (EPO) director Heli Pihlajamaa has told the European Parliament’s Committee on Agriculture and Rural Development (ComAgri).

Here is what Fruitnet said:

The move comes after the EC issued a notice in November which underlined that plants that are obtained by means of “essentially biological processes” are not patentable.

Notice the trend in all the above articles (there are certainly more on the way) and compare to reactions to patents on genome. As usual, law firms want patents on everything (it’s good or them), but actual innovators or practitioners prefer cooperation and peace.

Belatedly, we suppose, major companies start asking themselves, “what is going on at the EPO?”

“EPs are not what they used to be. If their collective ‘value’ was measured at many billions if not a trillion Euros, what are they worth now? How much damage has Battistelli caused?”But it’s too late now; they paid the price for their gagged press and lack of government interventions.

The negative impact of low patent quality at the EPO is starting to become clear to all. EPs are not what they used to be. If their collective ‘value’ was measured at many billions if not a trillion Euros, what are they worth now? How much damage has Battistelli caused?

There’s even worse news, in areas outside the domain of genetics. We will be writing about it later.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2017/07/13/ipr-intensive-letdown/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. IRC Proceedings: Thursday, February 25, 2021

    IRC logs for Thursday, February 25, 2021



  2. Stéphane Bortzmeyer Explains Gemini Protocol (February 2021)

    A recent talk from Stéphane Bortzmeyer about Gemini and what it is for (or why)



  3. Links 26/2/2021: Istio 1.7.8 Announced, Blender 2.92, Firebird 3.0 Language Reference, FSF Against Twitter

    Links for the day



  4. Special Thanks to Mogz

    Credit where it's due to Mogz



  5. Modifying WordPress to Include Gemini Links in All Articles (Assuming a Canonical URL Form)

    In order to promote the departure from the World Wide Web (where possible and suitable; sites with text don't typically need Web-like features) one can promote the analogous pages in one's Gemini capsule; we suggest a way of doing so in WordPress (the most widely used CMS)



  6. Links 25/2/2021: RHEL for Open-Source Infrastructure, GNOME 40 Beta, LXPanel 0.10.1

    Links for the day



  7. IBM and Qt Don't Understand Free Software and They Now Impose Terms and Conditions on Who Qualifies for Use of Free Software Free of Charge

    IBM and Qt Don't Understand Free Software and They Now Impose Terms and Conditions on Who Qualifies for Use of Free Software Free of Charge



  8. Techrights Gemini Capsule, Now With Over 35,000 Pages and Files

    Blog posts combined with static (plain text) files are now 36,000+ in number, just for Gemini protocol alone; that number keeps growing as our conversion proceeds and evolves (our software will be released under terms of the AGPLv3)



  9. Eventually, or Hopefully, Many People Will Come Back to What the Web Used to Be (Or Web Alternatives More Like the 'Old' Web)

    With RSS feeds making a comeback and a resurgence of personal blogs we can take back the Web from a cabal of tech/Internet giants and social control media, censored, curated and spied on by oligarchy



  10. If Wikipedia is Controlled by Corporations and Mobs, It Needs to Be 'Cancelled'

    Facts have never truly mattered in social control media sites; it certainly seems as though Wikipedia now suffers the very same issue/deficit, allowing oligarchs and their companies to define what goes on in the world and which people Wikipedia should regard as persona non grata



  11. GNU/Linux Reaffirms Its Status as the Universal and Inter-planetary Operating System

    The operating system made for and by scientists (not business sharks and marketing cults) is winning the battle, and not only in this planet



  12. IRC Proceedings: Wednesday, February 24, 2021

    IRC logs for Wednesday, February 24, 2021



  13. Links 25/2/2021: Kali Linux 2021.1, Wine Launcher 1.4.46, and Google's Security Posing

    Links for the day



  14. Links 24/2/2021: MariaDB 10.5.9, Krita 4.4.3 Beta, and Debuginfod Server for Debian

    Links for the day



  15. Self-Host Your Videos, Take Full Advantage of HTML5 and Video Attributes

    For self-hosting of videos over the World Wide Web (Gemini too can handle videos; its clients/browsers can, for example, link video files/URLs to external media players) it's worth reviewing the full set of features made available by the standards because a lot can be accomplished without JavaScript and without unnecessary bloat/complexity



  16. Trying Out NoiseTorch to Reduce Background Sound/Noise in GNU/Linux

    An introduction to noisetorch (or NoiseTorch), an application that helps create virtual microphones/devices with reduced background noise



  17. How the Big Banks and OIN Can Whitewash Software Patents and Do Nothing Concrete About Patent Trolls

    Response to the puff piece entitled "How the Big Banks and OIN Can Lock Out Patent Trolls with Enabled Publications"



  18. IRC Proceedings: Tuesday, February 23, 2021

    IRC logs for Tuesday, February 23, 2021



  19. How to Set Up a Gemini Server of Your Own, Even on a Simple Single-Board Computer

    Using Agate to start one's own Gemini capsule (self-hosted) is a lot simpler than one might be inclined to believe; this is a detailed HOWTO, hoping to encourage more people to join Gemini space, which is fast-growing and free of garbage



  20. Links 23/2/2021: Tails 4.16, Libinput 1.17, Fwupd 1.5.7, Firefox 86, NeoChat 1.1

    Links for the day



  21. The Word Master is Not Problematic in Most Contexts and Its Origin Hasn't a Connection to Slavery

    Slavery is to the word "master" mostly disconnected; it might, however, be closely connected in the minds of racists or the agenda of highly racist corporations (profiting from racism) that look for ways to distract from their racism



  22. On Misapplication, Misuse, Overuse and Abuse of Words (to Suit False Narratives)

    It is looking like the word "abuse" has been extended to basically mean all sorts of things including the act of actually exposing real abuse



  23. The Administrative Council Needs to Fix the EPO While It's Still Possible

    EPO staff and former staff (pensioners) aren't happy and the it's the responsibility of the Administrative Council to do something before it's too late (the reputation of the Office is already severely harmed and it's unable/unwilling to recruit suitable and qualified people, both as examiners and managers, respectively)



  24. 'These Questions Remain Unanswered': Campinos Became Battistelli Just Halfway Through His Term

    The Central Staff Committee of the EPO highlights the grim situation or the deadlock reached after totally dysfunctional Office management somehow managed to kill off channels of communication, in effect going back to where things were back in 2018 under Battistelli



  25. 'The One Percent': Salary Adjustment Procedure (SAP) Supported Only by 1% of EPO Staff

    Out of 2,237 EPO workers who expressed their position on the SAP, which in essence lowers their salary, only 31 expressed support for it (that's 1.385%)



  26. IRC Proceedings: Monday, February 22, 2021

    IRC logs for Monday, February 22, 2021



  27. DDOS Attacks and Decentralisation

    Our server, which is shared among sites, has been under persistent distributed denial of service (DDOS) attacks almost every day in recent weeks, culminating in much worse attacks last night, but we're not too worried anymore



  28. Links 23/2/2021: Gemini (and Gopher) on the Rise Again, Systemd 248 Reaches RC1

    Links for the day



  29. On the Terms Master, Main and Abuse

    Reprinted with permission from Daniel Pocock



  30. Microsoft Inside — Part IV: Microsoft Everywhere, Looking to Poach Developers, Not Disclosing What It Really Wants

    As it turns out, just about everyone looking to recruit for a Microsoft-connected project/company (working on Raspberry Pi, Ubuntu etc.) near Microsoft is 'former' Microsoft, but people who are being approached aren't being told so, at least not upfront; those are very familiar and old tactics, which merit a word of caution to all


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts