Bonum Certa Men Certa

EPO Irrelevancy, Two Decades to be Granted an EPO Patent, Outrage Over Patents on Plants in EPO

Besieged from many directions, the EPO can't just ignore bad news, only attempt to bury these by manufacturing 'good' (somewhat faked) messages to be embedded in news sites

EPO PR



Summary: A roundup of this week's news (with focus on late week in particular), serving to show what the EPO's management is really up against when it comes to shifting public opinion

Benoît Battistelli's EPO has paid truly outrageous amounts of money to seed the press with positive publicity. It's more or less clear why Battistelli wants and needs that. The EPO has become a byword for gross institutional abuse not just in Europe but internationally. Battistelli paid nearly a million dollars for an international firm (based in Washington) to whitewash the EPO in a period of one year. That's almost $100,000 a month in out-of-the-ordinary (additional) PR budget. Good use of budget? What next, private limousines for Battistelli? There are rumours that he wants these too, having gotten tired of just private bodyguards.



Battistelli's focus (as of late) on PR has been rather gross or crude. The greenwashing aside (it's now a fortnight old), there is the "compliance" spin right now. Here is a new puff piece derived from this EPO spin, as covered here the other day. What is this, "media presence" again?

"The EPO has become a byword for gross institutional abuse not just in Europe but internationally."Let's look at some real news, not regurgitation of official press releases (seeded in epo.org and probably sent en masse to thousands of lazy journalists all across Europe). After the press release about the Unitary Patent (which the EPO openly lobbies for) we even found this article whose headline can be translated into "Unitary patent system in the EU on the spot" (according to EPO). Is this the desired outcome of the PR campaign? Either way, it only tells part of the story and is an effort at self-fulfilling prophecies.

Days ago in PTAB Watch we spotted this article which said: "With respect to the European patent, despite the acknowledgement by the PTAB that laws and rules are different in Europe, and a previous PTAB decision (Volkswagen Group of America, Inc. v. Emerachem Holdings, LLC, Case IPR2014-01557, slip op. at 15 (PTAB Mar. 16, 2015) (Paper 13)) that held that whatever happened in the European Patent Office (“EPO”) is essentially irrelevant, the Board determined that the European prosecution history evidence was probative of whether a cited reference is analogous art to the patent under review, and admitted the evidence for this limited purpose. The Board also determined that the post-dated publications submitted in District Court litigation that discussed terms and features recited in the claims were relevant to show how the Patent Owner had been interpreting its claims during proceedings to enforce the patent."

"The thing about the EPO is, it’s going nowhere fast and heading into irrelevancy."The significance of this in light the recent events and the context (see full article for details) is that there's not much respect for the EPO's judgment. As the article put it, "whatever happened in the European Patent Office (“EPO”) is essentially irrelevant" (irrelevancy or irrelevance imply there is no perceived superiority over the decisions or judgments in the US).

The thing about the EPO is, it's going nowhere fast and heading into irrelevancy. Battistelli has accelerated this by orders of magnitude because the dysfunction increased in many areas (or aspects) and new areas of dispute emerged; it used to be mostly about patent scope. Not many people would bother pursuing patents at the EPO unless it maintains a high enough quality to justify the high cost. The EPO charges a lot of money (application and renewal fees from applicants) for several examiners to examine together/simultaneously, but the Office still rushes the process (speed over accuracy). No wonder EPO patents such as those granted to Apple are later -- once scrutinised by a court -- get invalidated. It serves to show that Battiselli's approach shames the Office and harms its reputation.

"19 years to be granted a patent!"Eversheds International, an international legal practice, mentioned the EPO a couple of times yesterday [1, 2], reminding us of Baxter's notorious patent application at the EPO.

Eversheds wrote: "The patent was only granted by the European Patent Office (EPO) on 27 November 2013, despite having been filed on 9 July 1994, with a priority date of 19 July 1993. The extraordinarily long examination stage (19 years), meant that the period of effective patent protection was less than 1 year. Had a SPC been granted, its duration would have been approximately 3.5 years, a highly desirable extension to the term of patent protection."

Got that?

"In Twitter too we were told by lawyers about patents which took two decades to process, so the above is not an isolated incident."19 years to be granted a patent! Some people complain about applications taking ten years. In Twitter too we were told by lawyers about patents which took two decades to process, so the above is not an isolated incident. People right here in the UK experience the same thing when they apply at the EPO.

More interesting in the media right now is actually the response of (real) journalists to this statement from the Parliament. The EPO is under attack from the European Parliament because it compromised patent scope/quality for the sake of short-term profit.

One new article says: "A ban on the patenting of products obtained by conventional breeding techniques, such as crossing, is essential to sustain innovation, food security and small businesses, says a non-legislative resolution voted by the European Parliament on 17 December."

"This is a good example of patent scope gone awry for the sake of profit and protectionism for large corporations such as Monsanto."EPO is being shamed in this article, which is one among many (some non-English sites have covered this too). EUbusiness wrote about it and noted that "No Patents on Seeds! is an international coalition of civil society organisations. It recently published a report containing an overview of patents granted by the EPO and a legal analysis. The report further highlights the need for more political action.

"The call made by the international coalition No Patents on Seeds! to stop these patents has the support of several hundred organisations all over Europe. The coalition No Patents on Seeds! is supported by Arche Noah (Austria), Bionext (Netherlands), The Berne Declaration (Switzerland), GeneWatch (UK), Greenpeace, Misereor (Germany), Development Fund (Norway), NOAH (Denmark), No Patents on Life (Germany), ProSpecieRara (Switzerland), Red de Semillas (Spain), Rete Semi Rurali (Italy), Reseau Semences Paysannes (France) and Swissaid (Switzerland). They are all calling for a revision of European Patent Law to exclude breeding material, breeding processes, plants and animals, their characteristics, their genetic components, the harvest and food derived thereof from patentability."

"The latter involves Gillette, so we cannot help recalling the intervention of Željko Topić regarding razor blades in Croatia."This is a good example of patent scope gone awry for the sake of profit and protectionism for large corporations such as Monsanto. Some companies are now spreading press releases about EPO patents on drugs and there are articles about US patents as they're being used for protectionism and monopoly (to protect a notorious business model). The latter involves Gillette, so we cannot help recalling the intervention of Željko Topić regarding razor blades in Croatia.

Recent Techrights' Posts

"Today's [Red Hat] is run by a cabal of vultures."
it seems safe to assume Red Hat too will languish away
Microsoft Layoffs in 2026 Can be Bigger Than 2025 Microsoft Layoffs (30,000+ Workers Laid Off)
"Is there going to be any reorg or Microsoft layoffs?"
The Free Software Foundation (FSF) Represents People, Not Corporations
FSF isn't in the "business" of appeasing oligarchs
IBM: We Can't Make 'AI' (Voice Recognition) Do the Work of a McDonald's Teenager, So Let's Try the Same on Saudi Planes
IBM is lost. It's truly lost.
 
Links 22/12/2025: Data Breaches, deterioration in Politics, and Geminispace
Links for the day
Links 22/12/2025: North Korean Applicants Target GAFAM (Amazon), ‘Orwellian Climate of Fear’ of CPC (Even Outside China)
Links for the day
More IBM Layoffs in India
It's not as simple as "laid off to be replaced by an Indian"
GAFAM Deeply Connected to Jeffrey Epstein, Richard Stallman (RMS) in No Way Connected to Jeffrey Epstein
people who hoarded all the capital get to decide what people think and say
Linus Torvalds Has a Birthday This Coming Weekend, Thankfully He Still Controls His Main Project
GNU and Linux should remain under their control as long as they live
Mozilla is Getting Attention for All the Wrong Reasons, Take a Look at LibreWolf
Just last week Mozilla added a new top-level manager who (as usual) came from a "tech giant"
When Conformism Means Capitulation and Defeat
In an age of injustices like these, we all have some kind of moral obligation not to be conformist.
Text is Still King
But the so-called 'industry' insists that we should download 10 MB of objects from multiple domains... even just to read 5-10 paragraphs of text
Links 22/12/2025: Facebook "Testing $14.99 Monthly Subscription Fee to Post Links" and "Middle East Petrostates as American Media Owners"
Links for the day
Beyond the World Wide Web (WWW)
We continue to treat Gemini Protocol as a first-class citizen
Serbia: GNU/Linux Rises, Windows Down to All-Time Lows
According to statCounter
"Wrestling With Pigs"
"Never wrestle with a pig. You both get dirty, and the pig likes it."
Productive Year and Better Access to Techrights' Archives Going Back to 2006
we've long needed and wanted native, local, independent search facilities
Linux Abandoned by Linux Foundation
It speaks for Microsoft and for so-called 'AI' companies
Microsoft Has Practically Given Up on XBox Already
Expect many XBox related layoffs when 2026 starts (Q1)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 21, 2025
IRC logs for Sunday, December 21, 2025
Gemini Links 21/12/2025: Solstice, Chaos of CSS, and Program Interpreter Fun
Links for the day
Why?
Why write articles?
Microsoft-Connected Publisher Spinning XBox's Death Spiral (It's Dying Fast) as a Strength and Something Deliberate
"Microsoft’s big gaming pivot"
Slop is Rare by Now
A year ago slop was so abundant that we did a whole series about it, and it was daily
Links 21/12/2025: U.S. Strikes in Syria, "Epstein Files Photos Disappear From Government Website"
Links for the day
Gemini Links 21/12/2025: Labrador Retriever of Lagrange's Developer Dies From Cancer, Political Philosophy, and "Getting to Inbox Zero"
Links for the day
Microsoft is Becoming Irrelevant: The Case of Georgia
Not Georgia Tech
Sirius Open Source is Now Imminently Dead (Struck Off)
compulsory strike-off
Dr. Richard Stallman, Invited by LibreTech Collective, is Giving a Public Talk in Georgia Tech Next Month (Scheller College of Business)
They can probably squeeze about 400 people into this room
25 Years of Activism for GNU/Linux
My passion for GNU/Linux brought a lot of contentment
Africa, Where Microsoft Used De Facto Slaves to Pretend to be "AI", Chatbots Usage is 0.2% of Measured Online Traffic
Judging by recent trends in Africa, many "Windows PCs" are being converted into GNU/Linux computers
New Drone Footage Shows IBM is Dead (Parts of It)
The people who participated in IBM when IBM actually mattered probably have boasting rights, unlike people who work for IBM today
Michael Larabel Adds Slop Category to Phoronix, Quickly Realises That It's Worthless
Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)
After 35 Years the World Wide Web, HTML, and HTTP Are Proprietary
HTTP/2 added a lot of complexity (it's just a Google protocol, based on SPDY originally), many image formats are proprietary and patented, HTML got 'replaced' by Java-Scripts [sic], and many URLs (the URL system was created in the early 90s) are just long strings for proprietary 'webapps'
The General Public License (GPL) Inspired the Web's Original Openness/Freedom, According to Tim Berners-Lee
"During the preceding year I had been trying to get CERN to release the intellectual property rights to the Web code under the General Public License (GPL) so that others could use it."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 20, 2025
IRC logs for Saturday, December 20, 2025
The Register MS Has Lowered Its Standards Considerably
Incidentally, we've only just noticed that "US editor for The Register since July 2025" has not been active for 4 weeks already
Scamfarms, Spamfarms, and Slopfarms in "Linux" Clothing
Today, Linux searches in Google News produced no slop at all. That's an improvement.
Did Bill Gates Lobby to Blur the Face of the Young Woman He Openly Braces (and Who Isn't His Wife)?
"This photo of of Microsoft co-founder Bill Gates with a woman whose face is blurred out is just one of 68 more photos and documents released today."
Links 20/12/2025: Microsoft Ruins Televisions, 'Epstein Files' Deeply Sanitised (to Protect Particular Culprits)
Links for the day
Gemini Links 20/12/2025: Merry Christmas 2025 and Running a Factorio Headless Server on FreeBSD with the Linuxulato
Links for the day
With 10 Days Left, the Free Software Foundation (FSF) Has Already Raised Close to $300,000 This Winter
they're besieged by despicable corporations and very despicable people
The Real Problem With Rust is Not "Wokeness" (It Never Was)
Don't feed the trolls who attack "Rust People" on political grounds
2025 in Numbers
What was very good about this year is that we truly got "into the rhythm" of publishing
More Microsoft Layoffs Coming Soon
When I spoke about Microsoft layoffs (routinely) I got very viciously attacked by Microsoft boosters
My Humble Assessment of the Future of Red Hat, A Company That IBM is Flushing Down the Loo
GNU/Linux will be OK without Red Hat, but shaping the future of it matters because we don't want companies like Valve (DRM) to set the agenda
Probably the Least Useful Gadgets, Ever
as if a "smart" thing worn on the wrist is the "new Rolex"
Former Manager at IBM Research (Yorktown) Says Why IBM is Doomed and the Anonymous Tipline (Speak Up) is a Trap
IBM isn't willing to change or to address internal issues
Links 20/12/2025: Fentanylware Becomes CheeTok and "Why Roomba Died"
Links for the day
Linux Foundation: Richard Stallman Developed Only a Software Licence
We already criticised this report several times last night
Impulsive Writing, Quotas, and Keeping Things as Concise as Feasible
A 10-word sentence being read by a million people can have the same impact or magnitude (exposure-wise) as a million-word book being read by just 10 people
Gemini Links 20/12/2025: Christmas Songs, Storms, and Old Web
Links for the day
Coming to Grips With a Lack of Future at IBM
Red Hat's future doesn't look bright under the auspices as they seem right now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 19, 2025
IRC logs for Friday, December 19, 2025
Links 20/12/2025: Media Layoffs, a Third of Online Traffic is Bots
Links for the day