Bonum Certa Men Certa

When the EPO Sees Itself as Above European Law, Grants Patents in Defiance of the EPC (Its Founding Document) and Violates Staff's Labour Rights/Protections (International Law)

Skeleton



Summary: The absurd state of affairs at the EPO has reached the point where laws at every level are being violated and even judges are being threatened or vainly ignored; the EU is belatedly trying to tackle these issues, which have actually cost its credibility a great deal and threaten the perception of Rule of Law at multiple levels

THE WAY things are going, the European Patent Office (EPO) does everything it takes for its critics to be proven correct. The current president was appointed by nepotism (Battistelli), he refuses to undo illegal rules, and moreover he's meeting disgraced officials to undermine the EPC (like 35 U.S.C. €§ 101 in the US for some parts of it) whilst actively promoting software patents in Europe. They're not even shy to show their disdain/hatred of the law and rather fundamental rules. What motivates them to do all that self-harming stuff? Do they not genuinely care about the future of Europe, including the Office? They're supposed to at least listen to the staff and the general public, not impose their will on both. This shouldn't be a hard concept to grasp. Power comes from consent typically; otherwise brutality becomes necessary and things get rather ugly very fast.



"Power comes from consent typically; otherwise brutality becomes necessary and things get rather ugly very fast."We've been tracking EPO abuses for quite some time; hardly anything is improving, only suppressed. Discussion in the media is nowadays nearly dead. Not because anything was tackled/resolved; unless the EPO thinks that the sole issue it had was 'hostile' media.

Months ago we wrote about “Collaborative Quality Improvements” (CQI) -- a programme whose net goal would be further reductions in patent quality. How low can it go? Earlier this week the EPO wrote: "Today we are hosting a conference on #3Dprinting. EPO examiners across all sectors are preparing to face challenges this emerging tech brings."

Surely the EPO understands that the patents it grants are a barrier and affront to 3-D printing i.e. they slow down innovation and have already held back this domain for decades (famously so; UAVs also).

Distracting from the real news, which is the EPO's "fascist bills", the EPO still writes about the latest 'state visit' in Munich -- one in which the Romania-born Andrei Iancu was present to promote patent maximalism on behalf of American corporations. Iancu and the EPO are management-leaning bureaucrats -- two names one associates with attacks on justice and judges for the sake of corporate profits. The USPTO wrote: "Our productive conversations will lead to even more collaboration between our two offices. We value our close friendship with the EPO and look forward to further strengthening our relationship in ways that will benefit our stakeholders in the U.S. and Europe." ~ Director Iancu."

The EPO retweeted this.

We've meanwhile found this new press release about a patent front group for software patents (IPO), which has "Keynote speakers include Antonio Campinos, President, European Patent Office; The Honorable Andrei Iancu..."

That the EPO continues to openly associate with lobbyists of aggressors from the US (that's what IPO is) doesn't shock is. It's not surprising us anymore. Nor does the fact that last week they mentioned the UPC, probably for the first time in a very long while (many months). They're not totally giving up just yet. A couple of days ago Mondaq published this self-promotional piece for Markus Gampp LL.M. (DLA Piper), who said: "Nonetheless, Brexit does not necessarily mean the end for the UPC and the entire reform project."

It does. In its current form it's dead. Finished. Needs restarting the process (if ever). And here are all the relevant paragraphs:

However, the UK leaving the EU will likely have substantial impact on the biggest reform in the history of European patent law: the long-awaited introduction of the European patent with unitary effect and the Unified Patent Court (UPC). This system would enable a patentee to enforce their patent across Europe with just one action before the UPC. All decisions taken by the UPC, including injunctions, damages and decisions on the validity of a patent would have pan-European effect.

The UK was to play a vital role in this ambitious project, inter alia by hosting a branch of the court's central division in London. As the underlying agreements currently stand, as a non-EU member the UK can not participate in the UPC. The new system can only enter into force upon ratification by 13 member states, including the UK and Germany. The German ratification is currently on hold pending resolution of a constitutional challenge against the national legislation implementing the UPC. While some have advocated this possibility, it appears highly doubtful whether the UK could participate in the UPC system as a non-EU member when it comes into force.

Nonetheless, Brexit does not necessarily mean the end for the UPC and the entire reform project. There are ways (eg through bilateral agreements) by which the UK may conceivably still participate. However, this could potentially take years to implement, causing a significant delay.


No legal system can be entrusted/empowered under the EPO. Evidence is everywhere.

Brian Cordery (Bristows) has meanwhile invoked another event of patent maximalists, AIPPI. He's now pushing patents on life in Kluwer Patent Blog. The usual greedy, dishonest Team UPC taking points; "Echoing a point made by Sir Robin Jacob in his address at the Opening Ceremony," he wrote, "the message was clear from the outset: when it comes to the form of claims in antibody patents, the US is the odd one out."

It's a race to the bottom for them.

Europe has come to the point of embracing patent quality even lower than that of the United States. How? By deliberately violating the EPC. The judges, who no longer have any autonomy, typically let it be. They can get ousted otherwise.

Some people who pay to promote their promotional sales pitch tell us that the "Technical Boards of Appeal as well as the Legal Board are independent" (no, Weickmann & Weickmann's Christian Heubeck should know this is no longer the case). Here's the whole paragraph in question, published just days ago:

The Boards of Appeal of the European Patent Office, i.e. the judicial panel of the second instance of the EPO, examine appeals from the decisions of the Receiving Section, the Examining and Opposition Divisions of the European Patent Office. The Technical Boards of Appeal as well as the Legal Board are independent and are bound only by the European Patent Convention (EPC). The procedure before the Boards of Appeal is outlined in the Rules of Procedure of the Boards of Appeal.


This is totally false; it's nonsense because everyone including examiners and the Boards themselves know that independent judges are no more; it's not the fault of the judges either. It's the fault of the Office and the Council, which work collaboratively to crush the EPC. This is why the EPO is so absurd; it does follow even its own rules. This isn't a particularly new problem.

Consider our various new articles about Stallman being pushed out [1, 2] for having said tactless things that were then distorted and spun by hostile media. As Benjamin Henrion has just put it (upon the news about Stallman): "Stallman an opened our eyes that the European Patent Office (EPO) was a "corrupt and malicious organization which should not exist". Intergovernmental organizations like FIFA are designed to be captured and corrupted" [...] Stallman: "But if the European Patent Office stands in your way, get rid of it too" [...] Maybe one day we get someone who realize the EPO construction was not respecting the 'rule of law' principle..."

He then highlighted this new page about the EPO rejecting orders from our representatives in the EU: [via]

Barrier-free access to plant material is essential for the innovative capacity of the European plant-breeding sector and farmers, as well as for the genetic variety of our crops and the health of EU citizens.

In 2015, the Enlarged Board of Appeal of the European Patent Office (EPO) ruled that products obtained from essentially biological processes, such as plants, seeds, native traits and genes, are patentable. On the basis of this decision, a broccoli and a tomato variety were effectively patented (Cases G2/12 (tomatoes) and G2/13 (broccoli)).

In response, the European Parliament adopted a resolution[1] on 17 December 2015 calling for clarification of patent law for plants. In its Notice of 8 November 2016, the Commission stated that it was never the intention to grant patents on natural traits that are introduced into plants by means of essentially biological processes such as crossing and selection. All Member States supported this reading and the Board of Directors of the EPO eventually amended its policy so as not to grant patents on products from essentially biological processes.

Unfortunately, the Technical Board of Appeal of the EPO rejected this decision on 18 December 2018, arguing that the European Patent Convention takes precedence over the EPO’s implementing rules and that patents on plants may therefore be granted.

At this stage, the President of the EPO has requested a final judgement from the Enlarged Board of Appeal to conclude the issue. Third parties are entitled to submit written statements on the matter to the Enlarged Board before 1 October 2019.

Does the Commission intend to submit a written statement to the Enlarged Board of Appeal of the EPO in order to protect the innovative capacity of the European plant-breeding sector and the general public interest?

What action does the Commission envisage taking to ensure that products resulting from natural processes are not patentable?


Here's more on that in other new pages. At least some politicians are paying attention to the way a corrupt EPO management ignores European Parliament and grants these illegal patents anyway, helped by judges who are threatened by Office management (in direct defiance of the EPC).

"EPs will quiz the EU Commission on Monday on how to ensure that products obtained from essentially biological processes, such as crossing, cannot be patented," says this new page: [via]

The European Patent Office’s (EPO) Enlarged Board of Appeal decided in March 2015 in the tomato (G0002/12) and broccoli (G0002/13) cases that products obtained from essentially biological processes, such as crossing, can obtain patent protection. The European Parliament responded in December 2015 with a non-binding resolution demanding that EU rules be clarified and reiterating its objection, from May 2012, to patentability of products derived from conventional breeding.

After the European Commission intervened in November 2016, the EPO amended its policy so as not to grant patents on products obtained from essentially biological breeding processes. However, the EPO’s Technical Board of Appeal rejected this decision in December 2018, arguing that the European Patent Convention takes precedence over EPO’s implementing rules.


We certainly hope that all (or at least most) EPO examiners agree with us that patent maximalism at the EPO helps neither examiners nor the Office. It merely discredits the whole institution and harms science for the sake of profits (companies like Bayer/Monsanto). People who protest in front of the EPO and demonstrate against the EU (in forms like a rebellious Brexit referendum) are motivated/emboldened by utterly disgraceful behaviour such as this. We deserve better than this. We don't need patent lunacy (patents on life and nature) and patent trolls. We don't need the UPC either. We need to think what would best serve Europe's place in science and technology (worldwide). Not law firms' interests.

Recent Techrights' Posts

British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
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
 
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
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
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
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