02.06.19

Gemini version available ♊︎

EPO Boards of Appeal Still Need Independence

Posted in Europe, Patents at 1:20 am by Dr. Roy Schestowitz

Mafia Battistelli

Summary: The ‘gangsters’ who are running the EPO prevent judges from daring to rule against patent maximalism (knowing their work contract might not be renewed as a result)

THE European Patent Office (EPO) issued (warning: epo.org link) this announcement yesterday: “The Technical Board of Appeal set the EPO’s decision aside and remitted the case back to the patent examiners for further consideration. The Technical Board of Appeal stated inter alia that Rule 28(2) EPC “could not be interpreted in such a way that it was not in conflict in conflict” with Article 53(b) EPC as interpreted by the Enlarged Board of Appeal in decisions G 2/12 and G 2/13.”

“Imagine what would happen if Iancu controlled US judges.”The problem is, the EPO is granting patents on life and nature (seeds, plants, animals), contrary to orders from Europe and the EPC. Who’s going to stop this madness? A remittance does not tackle the issue and the matter is seen by a Board subservient to the Banker in Chief (old French friend of corrupt Battistelli) as a matter of abstinence (they abstain from making a decision). What the heck is going on? This should be a “slam-dunk” case. Thorsten Bausch has just weighed in as well. He wrote this: “The much awaited decision T 1063/18 by Technical Board of Appeal 3.3.04 in a five-member composition has been published today. The patent application under appeal related to new pepper plants and fruits with improved nutritional value, and the decision did indeed turn out to be quite peppery, at least in regard to the EPO Administrative Council’s attempt to prohibit the patenting of plants by way of the addition of the “interpretative” Rule 28(2) EPC.

“To begin with, the Board reminded itself of the existing case law of the Enlarged Board of Appeal (EBA) on Art. 53(b) EPC, which stipulates that European Patents are not to be granted for plant or animal varieties or essentially biological processes for the production of plants or animals. The question then put before the EBA was whether this exclusion also extends to plants or plant material or part of plants other than a plant variety”

Why is this even a question? This should be trivial, based on common sense, let aside the law. Meanwhile, as we pointed out in recent weeks, Syngenta’s highly controversial patent has been challenged and, as we've already noted, the patent is now gone; the EPO should never have gone this far with such patent applications and they only grant these because they’re driven by patent maximalism. Alessandro Mancosu (IEG Policy) wrote this text a couple of days ago:

The European Patent Office (EPO) has officially revoked a patent granted to Syngenta on a tomato variety, after the company’s decision to withdraw it, which anti-GM campaigners claim is due to a public outcry over the patent.

This is a case of escape/retreat rather than defeat. Do they hope to dodge a precedence they would not like? Either way, the EPO continues to mumble on this critical issue of patents on natural phenomena and the EPO Boards of Appeal need real independence; they have none of that, seeing that even under António Campinos their colleague is having his whole life (not just his career) destroyed. Imagine what would happen if Iancu controlled US judges.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Sirius Finished

    Yesterday I was sent a letter approving my resignation from Sirius ‘Open Source’, two months after I had already announced that I was resigning with immediate effect; they sent an identical letter to my wife (this time, unlike before, they remembered to also change the names!!)



  2. The Collapse of Sirius in a Nutshell: How to Identify the Symptoms and Decide When to Leave

    Sirius is finished, but it's important to share the lessons learned with other people; there might be other "pretenders" out there and they need to be abandoned



  3. Links 03/02/2023: WINE 8.1 and RapidDisk 9.0.0

    Links for the day



  4. Links 02/02/2023: KDE Gear 22.12.2 and LibreOffice 7.5

    Links for the day



  5. Linux News or Marketing Platform?

    Ads everywhere: Phoronix puts them at the top, bottom, navigation bar, left, and right just to read some Microsoft junk (puff pieces about something that nobody other than Microsoft even uses); in addition there are pop-ups asking for consent to send visitors’ data to hundreds of data brokers



  6. Daily Links at Techrights Turn 15, Time to Give Them an Upgrade

    This year we have several 15-year anniversaries; one of them is Daily Links (it turned 15 earlier this week) and we've been working to improve these batches of links, making them a lot more extensive and somewhat better structured/clustered



  7. Back to Focusing on Unified Patent Court (UPC) Crimes and Illegal Patent Agenda, Including the EPO's

    The EPO's (European Patent Office, Europe's second-largest institution) violations of constitutions, laws and so on merit more coverage, seeing that what's left of the "media" not only fails to cover scandalous things but is actively cheering for criminals (in exchange for money)



  8. European Patent Office Staff Votes in Favour of Freedom of Association (97% of Voters in Support)

    The Central Staff Committee (CSC) at the EPO makes a strong case for António Campinos to stop breaking and law and actually start obeying court orders (he’s no better than Benoît Battistelli and he uses worse language already)



  9. Links 02/02/2023: Glibc 2.37 and Go 1.20

    Links for the day



  10. IRC Proceedings: Wednesday, February 01, 2023

    IRC logs for Wednesday, February 01, 2023



  11. Links 01/02/2023: Security Problems, Unrest, and More

    Links for the day



  12. Links 01/02/2023: Stables Kernels and Upcoming COSMIC From System76

    Links for the day



  13. IRC Proceedings: Tuesday, January 31, 2023

    IRC logs for Tuesday, January 31, 2023



  14. Links 31/01/2023: Catchup Again, Wayland in Xfce 4.20

    Links for the day



  15. Links 31/01/2023: elementary OS 7

    Links for the day



  16. Intimidation Against Nitrux Development Team Upsets the Community and Makes the Media Less Trustworthy

    Nitrux is being criticised for being “very unappealing”; but a look behind the scenes reveals an angry reviewer (habitual mouthpiece of the Linux Foundation and Linux foes) trying to intimidate Nitrux developers, who are unpaid volunteers rather than “corporate” developers



  17. Links 31/01/2023: GNOME 44 Wallpapers and Alpha

    Links for the day



  18. Free and Open Source Software Developers' European Meeting (FOSDEM) and KU Leuven Boosting Americans and Cancellers of the Father of Free Software

    The Free Software Foundation (FSF) and its founder, Richard M. Stallman (RMS), along with the SFLC one might add, have been under a siege by the trademark-abusing FSFE and SFC; Belgium helps legitimise the ‘fakes’



  19. Techrights in the Next 5 or 10 Years

    Now that I’m free from the shackles of a company (it deteriorated a lot after grabbing Gates Foundation money under an NDA) the site Techrights can flourish and become more active



  20. 60 Days of Articles About Sirius 'Open Source' and the Long Road Ahead

    The Sirius ‘Open Source’ series ended after 60 days (parts published every day except the day my SSD died completely and very suddenly); the video above explains what’s to come and what lessons can be learned from the 21-year collective experience (my wife and I; work periods combined) in a company that still claims, in vain, to be “Open Source”



  21. IRC Proceedings: Monday, January 30, 2023

    IRC logs for Monday, January 30, 2023



  22. Taking Techrights to the Next Level in 2023

    I've reached a state of "closure" when it comes to my employer (almost 12 years for me, 9+ years for my wife); expect Techrights to become more active than ever before and belatedly publish important articles, based on longstanding investigations that take a lot of effort



  23. The ISO Delusion: When the Employer Doesn’t Realise That Outsourcing Clients' Passwords to LassPass After Security Breaches Is a Terrible Idea

    The mentality or the general mindset at Sirius ‘Open Source’ was not compatible with that of security conscientiousness and it seemed abundantly clear that paper mills (e.g. ISO certification) cannot compensate for that



  24. Links 30/01/2023: Plasma Mobile 23.01 and GNU Taler 0.9.1

    Links for the day



  25. EPO Management Isn't Listening to Staff, It's Just Trying to Divide and Demoralise the Staff Instead

    “On 18 January 2023,” the staff representatives tell European Patent Office (EPO) colleagues, “the staff representation met with the administration in a Working Group on the project “Bringing Teams Together”. It was the first meeting since the departure of PD General Administration and the radical changes made to the project. We voiced the major concerns of staff, the organization chaos and unrest caused by the project among teams and made concrete proposals.”



  26. Links 30/01/2023: Coreboot 4.19 and Budgie 10.7

    Links for the day



  27. IRC Proceedings: Sunday, January 29, 2023

    IRC logs for Sunday, January 29, 2023



  28. [Meme] With Superheroes Like These...

    Ever since the new managers arrived the talent has fled the company that falsely credits itself with "Open Source"



  29. Not Tolerating Proprietary 'Bossware' in the Workplace (or at Home in Case of Work-From-Home)

    The company known as Sirius ‘Open Source’ generally rejected… Open Source. Today’s focus was the migration to Slack.



  30. The ISO Delusion: A Stack of Proprietary Junk (Slack) Failing Miserably

    When the company where I worked for nearly 12 years spoke of pragmatism it was merely making excuses to adopt proprietary software at the expense of already-working and functional Free software


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