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

Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
 
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026