Bonum Certa Men Certa

Patent Quality (Not Numbers) as an Asset: Oppositions, Appeals and Rejections at the EPO

If patent information is the goal, then overload is a threat

Information overload Reference: Information overload



Summary: Benoît Battistelli wants a rubber-stamping operation (like INPI) rather than a functional patent office, but oppositions at the Office prove to be fruitful and many erroneously-granted patents are -- by extrapolation -- already being revoked (affecting, in retrospect, Battistelli's so-called 'results')

THIS WEEK has been historic at the EPO not because of scandals or conflicts but because of a decision we covered here several times*. It was a major blow to patent maximalists.



The patent microcosm never really cared about patent quality; the quality of patents has little to do with the business model. All they care about, based on this upcoming event (advertised yesterday), is how to double the number of patents by throwing the same texts at multiple piles of applications at multiple offices. "EPO and USPTO approaches to rejections" is one among the topics covered. As we pointed out here before, the USPTO barely tolerates patents on genetics. There are few ultra-wealthy companies aspiring to 'own' everything, including life itself (Monsanto/Bayer for example) and they crush ordinary people, such as farmers, in the process.

The EPO has lost touch; The discrimination against SMEs at the EPO is not accidental but a planned/intentional policy. According to this, the EPO keeps lying about -- and supposedly 'on behalf of' -- SMEs. Where does that end? Even EPO staff is being crushed nowadays. Nobody is being served but billionaires.

"Even EPO staff is being crushed nowadays. Nobody is being served but billionaires.""Are you a #patent professional? Here's an interesting opportunity," the EPO wrote yesterday, linking to this promotion of internships (warning: epo.org link). The EPO "races to the bottom of salaries and assurance to staff," I told them, "thus ensuring longterm brain drain. Interns are low-paid staff with no assurance of work. Is this the future of the EPO under Battistelli 'reforms'? Remember that starting January 1st (2018) all EPO examiners lost their permanent contracts, reducing work security for docility. Terrible."

The EPO's official account "follows" me in Twitter. Sometimes I think some good people are behind it, but in order to pay the mortgage they need to obey the high-level management, knowing that they too can suffer (along with their families) if they don't play along.

Watch what they posted yesterday: Distraction from real EPO news (about CRISPR). Instead they share Battistelli's photo op in which there's promotion of software patents in Europe. The EPO basically republished its 'news' about "computer implemented inventions"; pushing the unthinkable again? To quote the original (warning: epo.org link): "Other topics discussed during the meeting included procedural changes at the EPO and recent case law, standard essential patents, the EPO's approach to computer implemented inventions, and IP activities in the Internet of Things era."

The "CII" dodge aside (that's what they call software patents in Europe), there's also that buzzword, "Internet of Things", once again; that too is a modern trick for sneaking software patents past examiners.

Battistelli's EPO is stretching patent scope further and further, but the opposition to a CRISPR patent showed that some staff is managing to do the right thing and end this injustice. This is still circulating in technical media and European media. "The vast majority of the Broad Institute's CRISPR patents in Europe are also affected by this same deficiency and we expect them to meet a similar fate," ERS CEO Eric Rhodes said. It's the likely end of CRISPR patents in Europe though the matter is likely to reach the Enlarged Board of Appeals. To quote:

CRISPR/Cas9 has been hailed as the ‘scientific discovery of the century’ due to its capacity to modify the genome for the treatment of genetic diseases. The Broad Institute, set up by MIT and Harvard in 2004 to use genomics to improve human health, successfully obtained a patent from the US Patent Office for its use in eukaryotes. However, the European Patent Office (EPO) has revoked the first of several patents obtained by the Broad Institute, citing a clear lack of novelty.


The editor of JUVE, linking to his article (in German), wrote: "The recent decision of @EPOorg could be a blueprint for the other 6 oppositions against Broad’s CRISPR patents. According to source the Marraffini problem is an issue in all 7 patents."

Alexander Esslinger replied: "To my knowledge all these patents are based on the same PCT application and therefore share the priority problem [...] Faint hope for Broad. In my view only a decision of the Enlarged BoA could help the patent proprieror" (the oppositions division did the right thing to deny patents on CRISPR).

The profound effect of this decision on those who attempt to monopolise life itself can be witnessed in this report from yesterday.

Battistelli has only 5 months left at the Office, so it's likely that an appeal will occur/take place under the leadership of Campinos.

"Campinos, a Portuguese national, was elected in October as the new EPO president," says this new article, but he is French actually (dual), just like Benoît Battistelli and Alain Pompidou (a reasonably OK EPO President, according to sources of ours).

Here is what IP Watch wrote yesterday:

Outgoing European Patent Office (EPO) President Benoît Battistelli was elected Chairman of the University of Strasbourg Center for International Intellectual Property Studies Administrative Board in November for a three-year term. He succeeds António Campinos, Executive Director of the European Union Intellectual Property Office.

Campinos, a Portuguese national, was elected in October as the new EPO president for a five-year term starting on 1 July 2018.


Things can only improve from there, or so hope EPO insiders. The goal of everyone -- ours included -- is to fix the EPO. Patent quality is a big part of that. ______ * In 4 prior articles (on Wednesday [1, 2], Thursday and Friday) we got one important detail wrong; what we got wrong is that not BoA but the Oppositions (i.e. the Office) made the decision. We apologise for this error. We often assume that very few blogs are covering EPO from a technology perspective (unlike legal 'industry' perspective) because the structure of the Organisation is confusing (some units are just numbers and that too changes over the years/decades).

Recent Techrights' Posts

Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
 
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day