EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

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 this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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: Tuesday, October 22, 2019

    IRC logs for Tuesday, October 22, 2019



  2. Why GNU Is Better Staying Top-Down, Even If Free Software Isn't

    "Open Source is like a broken record, and it is a broken promise. If you want to fail, follow them -- they will show you the way."



  3. Guest Article: Why Users Must Dictate the Free Software Movement

    "Recently, a person named Eric Lundgren completed his jail sentence just for copying and distributing Microsoft software which is available for free in their website"



  4. Links 22/10/2019: MX-19, Tails 4, Mesa 19.1.8 Released

    Links for the day



  5. “Stallman Was Right” is Not Just a Meme as It's Usually True

    The track record of Stallman isn't immaculate, but it's exceptionally good if not impressive



  6. EPO Diplomatic Immunity

    What people can get away with at the European Patent Office (EPO) if their name is Battistelli or António Campinos



  7. Dr. Ingve Björn Stjerna Reveals How the German Government Actively Ignored SMEs to Push the Notorious 'Unitary Patent' Sham

    Turning European Patents (which are no longer good patents but expensive or overpriced patent monopolies — patents which European courts will likely reject) into “unitary” ones (i.e. enforceable EU-wide with one legal action) would harm wrongly-accused parties that mostly or only operate in one single country, overriding the authority of those parties’ national laws and courts



  8. Links 22/10/2019: Pacman 5.2, Shame of Disney+ DRM, Microsoft's DRM Scheme, Microsoft Reprimanded for Privacy Abuses

    Links for the day



  9. Patents Need to Exist Only to Pass Information Around and Keep Good Ideas Alive, Not to Feed Litigation Firms and Litigation 'Enthusiasts'

    The current situation or the status quo where legal professionals are advised not to even look at patents means that patents aren’t for “information” and “innovation” anymore; moreover, calling them “intellectual property rights” (or IPRs) is spreading a malicious lie



  10. IRC Proceedings: Monday, October 21, 2019

    IRC logs for Monday, October 21, 2019



  11. SUEPO Protest Tomorrow. All EPO Staff in Munich Ought to Attend and Prepare to Strike Too.

    Tomorrow’s planned protest should be a bridge towards a full strike, which takes more time to plan for and get authorisation for (because of increasingly strict restrictions)



  12. Looking for Explanations About Samsung's DeX and Other FOSS Initiatives Being Canned

    DeX was primarily a threat to the desktop/laptop monopoly of Microsoft, so its sudden abandonment — without even an explanation — continues to attract speculations



  13. EPO Will Need a Lot More Than Photo Ops and Hoax 'Studies' to Restore the Perception of Lawfulness

    Battistelli‘s illegal attacks on European Patent Office (EPO) judges have tarnished any impression that the EPO serves justice and the current regime torpedoes an assessment of these attacks; EPO workers understand that to follow guidelines from the management may be a breach of the EPC



  14. Links 21/10/2019: More on DeX, Disney DRM and Linux 5.4 RC4

    Links for the day



  15. GNU/Linux is Bigger Than Ever (Used More Than Ever Before), But Communication Means and Brands Have Changed

    The GNU/Linux market is alive and healthy; it's how we measure its health that ought to adapt because things are constantly changing, more rapidly in the realm of technology than anywhere else



  16. IRC Proceedings: Sunday, October 20, 2019

    IRC logs for Sunday, October 20, 2019



  17. Samsung Does Not Say Why It's Dropping DeX, But the ASUS EEE Story Might Offer Clues

    It's not at all outlandish or unreasonable to suggest that Microsoft used patents or bribes or kickbacks as incentives for Samsung to abandon GNU/Linux as a desktop platform



  18. EPO: It's Only Getting Worse

    Inhaling Seagull meme for EPO presidents



  19. It Has Begun: EPO Staff Protests Against António Campinos (Starting Wednesday)

    Wednesday marks the resumption of EPO protests; it’s happening for the first time under Campinos and only a year after he took Office. Even Battistelli, the notorious thug, lasted longer before such escalations/actions or — put another way — he did better than that (if one checks the timeline of his presidency)



  20. Links 20/10/2019: GNU/Linux at Penn Manor School District, Wine-Staging 4.18, Xfce 4.16 Development, FreeBSD 12.1 RC2

    Links for the day



  21. Guest Post: Understanding Autism for More Complete Inclusion

    "...assuming that autistic people are all the same isn't only technically wrong, it is misleading and leads to harmful and needless misunderstandings."



  22. Guest Post: Free Software Freedom is Not a Freedom of Choice

    The concept of "Freedom of Choice" and how the ruling class uses it to give a false impression of "Freedom"



  23. Guest Post: Free Software Developers and Pursuing 'Market Share'

    "The only people interested in software freedom are (almost always) free software developers. And users are interested in freedom to a very limited extent: the "free beer" side. Even many free software developers are only interested in the "free beer" part of free software."



  24. The Assertion That Microsoft Uses Communist Tactics Against GNU/Linux and Free/Libre Software

    A study of Taistoism might help understand how Free/libre software is being undermined



  25. European Patent Office and US Patent and Trademark Office Cranks Discovered Buzzwords, Stopped Worrying, Started Granting Patents They Know to be Fake

    The world's patent repositories are being saturated with loads of junk patents or patents that have no legal bearing but can still be leveraged for extortion purposes; the EPO is resorting to lies and artificially-elevated buzzwords to justify granting such fake (yet ruinous) patents



  26. IRC Proceedings: Saturday, October 19, 2019

    IRC logs for Saturday, October 19, 2019



  27. “The True Hypocrite is the One Who Ceases to Perceive His Deception, the One Who Lies With Sincerity,” Said André Paul Guillaume Gide (Nobel Prize in Literature)

    Lies flow like water in the realm of EPO and its publishers, whose sole role is dissemination of deliberate falsehoods, misnomers and misinformation



  28. The EPO Cannot Guard Fake European Patents From Scrutiny (in the Long Run)

    Legal certainty associated with newly-granted European Patents is already pretty low and as long as the EPO refuses to acknowledge that its courts (or boards) lack autonomy the EPO merely brushes a growing problem under the rug



  29. Links 19/10/2019: DeX Discontinued, DXVK 1.4.3 and Wine 4.18 Released

    Links for the day



  30. 'Corporate Linux' Will Not Protect Software Freedom

    The corporate model is inherently not compatible with software that users themselves fully control (or Software Freedom in general), so we must rely on another model of sovereignty over code and compiled code (binaries)


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