Bonum Certa Men Certa

EPO Cannot Handle Patent Justice With a Backlog of About 10,000 Cases at the Boards of Appeal

Recent: Index: G 2/19 (Enlarged Board of Appeal, EPO)

EPO toons



Summary: The EPO's long war on judges and on the law has proven to be costly; it's difficult to pretend that the EPO functions like a first-world legal framework

ABOUT one year ago the European Patent Office (EPO) had about 9,000 impending cases after Battistelli had attacked and understaffed the appeal boards for a number of years. António Campinos obviously did nothing to tackle this issue. Some of these cases, including an imminent one regarding computer simulation, concern software patents in Europe. Several months ago a blogger from Kluwer Patent Blog took note of that staggering number. The EPO management's attack on its judges has resulted in an unbelievable backlog in the 'justice' faculties/departments. What good is justice that can take like a decade to arrive? It may be irrelevant by the time it's 'reached'. Similar issues exist at ILO-AT.



"What good is justice that can take like a decade to arrive? It may be irrelevant by the time it's 'reached'."Just promoted via Lexology was last week's article from a law firm, revealing that 'acceleration' is possible in particular cases (like PPH or PACE). To quote:

Appeal proceedings at the European Patent Office (EPO) typically last in excess of three years, but can last significantly longer (according to the 2017 Annual Report of the Boards of Appeal, technical appeal proceedings lasted 38 months on average, but some cases had been pending for eight years). With this long duration of proceedings, it is no surprise that there is a substantial backlog of pending cases (over 9,000 at the end of 2018, according to the 2018 Annual Report of the Boards of Appeal).

[...]

Requests for accelerated processing of an appeal should be filed with the competent Board of Appeal, and may be filed at the beginning of or during appeal proceedings. Such requests should specify the reasons for urgency, and be submitted with documents that support this reasoning. There is no official form for requesting accelerated processing of an appeal.


Preparing for such a request takes time and money. Given what we saw in the past (EPO leaks), this may discriminate based on size, connections, and money.

"Thankfully, the UPC is failing."This is the kind of thing Germany's FCC must look into; justice in today's EPO is mostly an illusion. It's infeasible. It used to more or less work, the Office used to more or less function. But now? Total chaos. Does one want to extend this system to courts all across Europe?

Thankfully, the UPC is failing. SUEPO linked to an article to that effect earlier today. People in the comments in that article (composed by Team UPC) mostly focus on Techrights, still upset because of our opposition to software patents (we assume these comments come from one single patent attorney).

"Ironically in some sense, the person who pushed the hardest for the UPC is also the person who doomed it. Battistelli's attacks on the judges aren't forgotten and aren't forgiven. Brexit isn't even the prime barrier; the extreme lack of justice at the EPO is."In summer of 2019 the famous complaint against the UPC turns two. Each year that passes is another nail on the UPC's coffin. Almost exactly a year ago this site called Down to Earth boiled down to misinformation, slanting everything in favour of the litigation 'industry' (as if it's the sole thing that matters). The writer ended up putting a copyright sign/symbol as the head image in the article about patents, showing that these people have no clue what they're writing about (or intentionally lying). They referred to patents as "IP" (not Invalid Patent but something meaningless and misleading).

Ironically in some sense, the person who pushed the hardest for the UPC is also the person who doomed it. Battistelli's attacks on the judges aren't forgotten and aren't forgiven. Brexit isn't even the prime barrier; the extreme lack of justice at the EPO is.

Recent Techrights' Posts

So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
 
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026