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

Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026
Gemini Links 14/08/2026: Slower Internet, Logging Off Made Easy, and Human Code
Links for the day
Links 14/08/2026: "Mystery of Dark Oxygen", People Despise Slop, and Backlash Grows Against Fake Currencies (Energy-Wasting Scam Like Slop)
Links for the day
Free Publicity
They say there's no such thing as "bad press" or that every publicity is good publicity, sometimes free publicity
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026
'Voluntary' Layoffs (a Form of Silent Layoffs): Microsoft Global Voluntary Separation Agreement (GVSA) in August 2026 and September 2026
Today and yesterday
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026