Bonum Certa Men Certa

There's No Administrative Council at the EPO Anymore. It's Like a Stamping 'Department' of the Office and the Same Goes for the Boards of Appeal.

The Organisation/Administrative Council is subservient to the agenda of the "Colgate smile" Frenchman, whom Battistelli gave the throne to

Jesper Kongstad and Battistelli working together



Summary: The European Patent Convention and the EU Bio-Directive are still being violated by the Office, which uses the Council like a paper tissue or a napkin, asserting it can rubber-stamp just about any patent application on anything under the sun

THE European Patent Organisation (EPO) and Office are almost indistinguisable, as the head of the Organisation recently became the deputy of the Office's head, António Campinos. So we're back in the rather appalling position that Jesper Kongstad and Battistell created nearly a decade ago. Nothing has changed. There's no oversight; it is more like a collusion. The Boards of Appeal feel the same way as they too are indirectly bossed by the Office, which in turn controls the Council -- the very opposite of what authors of the European Patent Convention (EPC) intended.



The 159th meeting of the Administrative Council is over and the EPO wrote this nonsense (warning: epo.org link) late on Friday, as usual: (when media isn't paying much attention)

In the 159th meeting of the Administrative Council, the representatives of the 38 EPO Contracting States together with the European Patent Office discussed the need to find a solution in the short term following the decision T 1063/18.

The Contracting States expressed their concerns with regard to the legal uncertainty caused by decision T 1063/18. The President of the EPO expressed his view that a President's referral of the case to the Enlarged Board of Appeal is justified and necessary. The aim is to obtain an opinion from the Enlarged Board of Appeal on the patentability of plants exclusively obtained by essentially biological processes, hereby considering recent legal developments (interpretations and statements of the European Commission, the EU Council, European Parliament and EPO's Administrative Council on the interpretation of the European Patent Convention and the EU Bio-Directive, all of them concluding that there should be no patentability in these cases).


The EPO already received very clear instructions from European authorities; it must stop doing this. But the EPO, an above-the-law rogue institution, still pretends not to understand that patents on life and nature are not legal. Anything to fake numbers, fabricate monopolies, rob Europe etc.

Who will decides? A court controlled by corrupt EPO management. It should not be untrusted to deal with such important questions. The judges themselves complain they cannot rule impartially.

So far we have seen two puff pieces about it. The first came from IPPro Magazine's Ben Wodecki, who is still a megaphone of EPO management (unlike his colleague, Barney). "EPO president’s referral on plant patent crisis is ‘justified and necessary’" is the title/headline, parroting what the EPO said without a single critic or criticism. To quote:

European Patent Office (EPO) president António Campinos has said that a president’s referral on a board of appeals case regarding the patentability of conventionally bred plants and animals is justified and necessary.

Following a meeting of the office’s Administrative Council, representatives expressed concerns to Campinos over the legal uncertainty caused by a Board of Appeal ruling in the revocation of a pepper plant.

The case in dispute is T1063/18, in which Agrochemical company Syngenta appealed a denial of its patent application for a pepper plant.

Focus on the EPO in recent months has overwhelmingly revolved around the granting of patents covering conventionally bred plants and animals.


Where are the critics of this? Nowhere.

Then came "Kluwer Patent blogger", a pseudonym of patent extremists who look to make money from lots of patent lawsuits/litigation in Europe (without them being identified). This is what was written (or copy pasted rather):

‘The aim is to obtain an opinion (…) on the patentability of plants exclusively obtained by essentially biological processes, hereby considering recent legal developments (interpretations and statements of the European Commission, the EU Council, European Parliament and EPO’s Administrative Council on the interpretation of the European Patent Convention and the EU Bio-Directive, all of them concluding that there should be no patentability in these cases).’

According to the press release, Campinos announced that the EPO ‘will proceed swiftly to submit the referral. The EPO endeavours to restore legal certainty fully and speedily in the interest of the users of the European patent system and the general public.’

As reported earlier on this blog, an EPO Board of Appeal decided on 5 December 2018 that plants which are produced according to essentially biological processes need to be held patentable, despite EPO Guidelines which were introduced in 2017 to exclude them from patentability.


So here ends another meeting of the Office (monarchy), dressed up as "Council"; its key item on the agenda is bypassing or overriding the European Patent Convention and the EU Bio-Directive. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part VI - Racism Against Blacks
Systems don't always work as intended
 
Slop is "just a hobby, won't be big and professional like GNU."
What Torvalds says about "hey hi" ("AI") does not prove he is in charge
Gemini Links 18/10/2026: Movies, Greenland, and Detectors of Slop Plagiarism
Links for the day
Links 18/10/2026: TikTok Censors Criticism of MElon, "Trump’s Latest Attempt to Be the King", and "Big Tech Oligarchs Have a Terrible Plan for Humanity"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 17, 2026
IRC logs for Saturday, October 17, 2026
Gemini Links 17/10/2026: Big Glowing Advertising Screens, Busy October, and Art
Links for the day
The First Casualty: The Reputation of Linux Developers (and of Linux)
The last thing you can take from a person is pride
Links 17/10/2026: Europe Divorcing US President Putin (Kompromat), MElon and Kapo-berg ("Meta") Buying US Elections Again
Links for the day
GAFAM LLMs Seem to be Causing Veteran, Experienced Linux Developers to Quit, Only to be Replaced With GAFAM Bots and Unaudited Slopfest 'Code'
Better than 'pulling a SCO'?
30 Years of KDE and "Project Banana"
KDE recently turned 30 (many blog posts about it this past week)
Inevitable Things
"Bitbucket was Inevitable"
Andy's Passing Thoughts on Media Dying, Not Reporting News (Even Critical News About Itself)
No more news
Stallman Was Right About Torvalds
The crowd/audience Linus Torvalds panders to is paid by GAFAM to go attend and dominate (speak at) LF events. They're people whose employer forces them to use slop, it's inorganic.
Links 17/10/2026: "Why Math Dumped OpenAI", US Third Circuit Has Confirmed LLMs and Other Slop Constitute Plagiarism or Copyright Infringement
Links for the day
GPL Was Right (About Hoarding, Now Automated With Plagiarism Blenders)
Some time next year the UK's High Court might listen to arguments related to this
Microsoft Allegedly Asks Many Workers to Leave at the End of This Year (or Get the Boot), It's Called Voluntary Exit Program a.k.a. Voluntary Early Retirement Program (or VEP) Even for People Far Too Young to Retire
"Everyone at Microsoft knows what those acronyms mean."
The Torvalds-led Slopfest as a Reminder to Pursue Software Freedom, Not Plagiarism Endorsed (for Money) by 'Linux' Foundation
What's happening this month moreover proves that he is not in control of important decisions in his project
Why We Never Got Back to IPFS
Practically speaking, we could get back to IPFS any time
Trillions of Dollars in Debt Are Not "Investment", More People Realise This Now
"Investors started offloading shares on Wednesday in response to an X post about the debt load of CoreWeave Inc..."
Red Hat Silent Layoffs: October 1 Bluewashing, Then Leaving IBM Altogether
It's said that weeks from now there will be another "round" (of "RAs")
Gemini Links 16/10/2026: Metrovision, Smartwatches, and Rekindled Love for Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 16, 2026
IRC logs for Friday, October 16, 2026
Intercontinental Brigading - Part V - Keeping Linux Under Users' Control, Not Microsoft's (NSA) Control, Leads to Weaponisation of Cops (Killing the Messengers)
Transatlantic lawfare
TeamBlind Accused of Censorship, Maybe Surveillance in the Future
It's expensive to protect whistleblowers and to resist censorship of what whistleblowers try to expose
Another Friday 'Litter' of IBM Workers, Discarded and Sometimes Replaced to Cut Costs
The little that IBM earns is spent buying companies to pretend there's "growth" and headcount stability
Gemini Links 16/10/2026: Carrie, Games, and Slop
Links for the day
Links 16/10/2026: Election Interference by Slop; White House Backs Russia, Not Ukraine
Links for the day
The Register MS Has New 'Article' That Has "AI" 20 Times. "SPONSORED POST" As Usual.
At the end, both the media and the pyramid scheme will collapse
UK's Competition and Markets Authority (CMA) Says Microsoft is Still Abusive
Today, ahead of the latest fake 'results' [...] Microsoft cheats the system everywhere it can
Links 16/10/2026: "Data Centers Are Driving Conservative Rural Voters to The Democratic Party En Masse" and Slop Bros Bribe Candidates "for Congress"
Links for the day
Deplatforming People You Disagree With Is a Losing Strategy
Trying to deplatform people you don't agree with is oppressive and petty
Microsoft Cannot Pay Salaries
Microsoft is deep in debt
IBM "support that is USA based will migrate over 4 years to Indian based just because it lowers costs substantially."
IBM is not capable of growing, so it tries to find ways to shave off costs
Gemini Links 16/10/2026: Publishing and Licensing, Going to Movies, and Nature/Seasons Change
Links for the day
Microsoft's OSI Calling Slop "Open Source AI" (Microsoft Paid OSI to Do This) Has Helped Associate "Open Source" With Pedophilia
Microsoft deflecting?
Fridges Do Not Need an Internet Connection
Keep it simple, stupid (KISS)
Wikileaks Still Matters
The world needs more sites like these
'Cocaine King' Campinos Should 'Get the Message', Pack Up His Things and Go Already
His staff is constantly on strike and engaged in various industrial actions
We Don't Do Slop
People tend to appreciate genuine work, not fakes
On Lying With Confidence
LLMs are hype
Market Share of Windows in the United Kingdom is Shockingly Low
Microsoft's losses are very profound
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 15, 2026
IRC logs for Thursday, October 15, 2026
Microsoft Can Barely Afford to Colonise Africa Any Longer (Too Much Debt)
"Before the announcement, former Microsoft employees publicly described staff being placed on performance improvement plans or offered “voluntary” exits."
Intercontinental Brigading - Part IV - Harassment Registered With the Police Before Projection Attempts Made From America
The thing one gets subjected to for opposing back doors in Linux
Gemini Links 16/10/2026: Dogs, Slop, and Blogging
Links for the day