Bonum Certa Men Certa

Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

What good is "justice" one reaches while pressured to rule in a particular way (to appease senseless patent maximalists)?

Mafia Battistelli



Summary: The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?

Patents on life/nature and algorithms are rotting away at the U.S. Patent and Trademark Office (USPTO). They just wait to expire. Nobody wants to assert these in court even if they get granted (more new examples in our daily links), knowing that 35 U.S.C. ۤ 101 is lurking around the corner and SCOTUS isn't changing its mind.



How about Europe?

As we've just noted, Team UPC tried bypassing the existing court system, but this has failed spectacularly. There's no legal basis for changing a functional system with one associated/stained by the banana republic known as EPO. For the time being, lenient (on patents) rulings come from the Boards of Appeal, which repeatedly complain that they lack independence and fear the President of the Office. It's a constitutional crisis unprecedented in that context.

Over at JD Supra (site for law firms to post their self-serving 'articles'), Cooley LLP's Steve Cuss and Colm Murphy speak of "The EPO’s Approach to the Patentability of Plant-Related Inventions" -- a subject we've been covering a lot in recent months because it resurfaced in the media after the Boards of Appeal had issued a controversial decision. The highest European authorities declared such patents null and void; why does the corrupt European Patent Organisation keep granting and then justifying these? Can any judges "internal" to the EPO challenge that? Cuss and Colm started with the following introduction: (marked as press release, not article)

Last month, the European Patent Office (EPO) issued the much anticipated Written Decision associated with case T1063/18. We have previously written about this case in our alert "EPO May Return to Patenting Plants Obtained by an Essentially Biological Process", where we discussed how the EPO's approach has appeared to flip-flop between either excluding or not excluding claims directed to plant products that have been obtained by an essentially biological process. T1063/18 firmly adopts the stance that claims directed to such products are patentable. However, whether this position will be maintained by the EPO is unclear.

As we previously reported, the EPO announced the take-home message of this Decision in an earlier press release, such was the interest surrounding the Decision. The now-issued Decision is consistent with that announcement and provides the Board’s reasoning. The Board also provides an explanation of when, in its opinion, this issue should be referred to the Enlarged Board of Appeal (EBoA); i.e. when the EPO’s approach should be reconsidered.

This Decision is the latest development in a long-running debate relating to the patentability of plant-related inventions under the European Patent Convention (EPC). Broadly speaking, three separate points of law have been the subject of debate since the EPC was adopted. These are: i) when product claims directed to plant varieties are patentable, ii) when methods for the generation of plant products are patentable, and iii) whether plant products are patentable even if they have been obtained by unpatenable methods. To put the latest decision in context, we describe this background below.


Common sense alone should convince the vast majority of EPO examiners that things have gone too far. Why are pigs being patented? Are they inventions? Did humans invent pigs? Remember that recent 'Teffgate' as well. Did Europeans invent something that always existed and Africans have practiced for thousands of years? Is that novelty? It's an outrage, it's not novelty. It's a scandal that such patents -- European Patents nonetheless -- get granted in the first place.

Regarding opposition procedures, which are also overseen by the corrupt management of the EPO, GenomeWeb has just published this:

Streck said today that the European Patent Office earlier this month upheld a European patent it holds on blood collection tubes for noninvasive prenatal testing, following opposition proceedings by Roche.


Shades of Elizabeth Holmes/Theranos?

Take it to courts. The courts outside the EPO. There can be no patent justice inside the EPO because the whole structure got corrupted and people who ignore the rules and break laws now reign over judges. These judges cannot do what's right without risk of becoming unemployed. António Campinos has offered no reprieve or compensation to Judge Corcoran, who apparently sank into deep depression after he had rejected software patents and got in trouble for passing around what everyone else in the EPO passed around as well (truthful information about corruption).

Recent Techrights' Posts

Things to Like About London
Many important or "powerful" people leave near there
The Significance of the Timing of the Ridiculous Letters From Brett Wilson LLP, Acting on Behalf of People From Microsoft
A preliminary look at the timeline and what it tells us
 
The So-called 'IT' Industry Became Somewhat of a Fraud Where People Equate Usage and Power Wasted With "Value" or "Success"
When did 'IT' become a weapon rather than technology/science?
Links 23/02/2025: Democracy Backsliding and German Election
Links for the day
Joining APRIL(.org), AGM weekend, Paris, 15-16 March 2025
Reprinted with permission from Daniel Pocock
Links 23/02/2025: Zuckerberg Despised, US Government Does Not Obey Judges, France Grapples With Terrorism
Links for the day
Links 23/02/2025: Apple Back Doors, Ukraine Updates, and Gemini Leftovers
Links for the day
Recent Improvements in Techrights
minimalism works fine when the main goal is to relay information
Slopwatch: Brian Fagioli, Brittany Day (linuxsecurity.com), and Microsoft Misinformation, False Marketing
Serial Sloppers
Censored: Debian Zizian transgender vigilante comparisons in open source Linux communities
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 22, 2025
IRC logs for Saturday, February 22, 2025
Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
Links for the day
Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
Links for the day
Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025