Bonum Certa Men Certa

Patent Quality at the EPO Depends on the Future of the Boards of Appeal (Which Battistelli is Killing Not So Softly)

One of the few singles I happen to have the CD of...

Killing Me Softly



Summary: The decline in patent quality at the EPO is bad news not just for applicants but for all Europeans, and there's no sign of it improving any time soon (under Battistelli to whom quality is an impediment)

THE EPO was a world-leading patent office for decades; it did not have many patents and this was actually a good thing because it meant that each single EP was of very high quality and there was certainty about it inside and outside the court (less risk, less litigation). Unlike the USPTO, the EPO did strive to maintain quality, which resulted in high fees. The EPO basically did what every patent office should do, but a lot of that changed when it got greedy and in defiance of Parliamentary instructions started granting software patents (covertly, using excuses and loopholes it had created) and patents on life, e.g. seeds, plants, animals. Patent maximalism further accelerated under Battistelli, a person so anti-scientific (crudely speaking, a chickenhawk politician) that he would never manage to come up with a valid patent of his own.



Nowadays, the EPO ignores the European Commission on everything including patent scope, so the rules don't seem to matter to it. The notion of "rules" hardly even exists at the EPO; what exists can be described as Presidential decrees. Here is a new "international report" from Bart W Swinkels of NLO (European Union). It says the following:

European Commission notice against patentability of plants does not affect European plant patents



On November 3 2016 the European Commission issued a notice regarding the patentability of plants and animals obtained by means of essentially biological processes.

In the view of the commission, the EU legislature’s intention when adopting EU Directive 98/44/EC “was to exclude from patentability products (plants/animals and plant/animal parts) that are obtained by means of essentially biological processes”.

However, the commission’s notice is not legally binding; it is up to the courts and boards – not the commission – to interpret the law.


In other words, as usual, the EPO does whatever the Hell it wants, no matter if it makes it look arrogant, foolish, even corrupt. See this tweet posted today by the EPO. Very vague (but familiar to us) language is being used to masquerade/blur the inclusion of software patents in an upcoming event (yet again! Warning: epo.org link). Based on what EPO examiners say, they no longer have much time to properly search prior art and they actually grant patents on software. They are under too much pressure under their management to "produce" (where production usually gets measured in teams of "products", not actual work). Watch what the EPO wrote today. It's totally out of touch!

"In other words, as usual, the EPO does whatever the Hell it wants, no matter if it makes it look arrogant, foolish, even corrupt."One of our remaining hopes is that the appeal boards will shake things up a bit. The supposedly independent judges need to remind the Office that it cannot just pursue greater quantity of patents by disregarding quality, thereby essentially spitting in the well (or muddying the water) of EPs' value.

According to this new announcement, quality control is not entirely dead at the EPO. To quote a press releases about it, "BMO Capital analyst, Matthew Luchini, reiterated his Outperform rating on shares of Alder Biopharm (NASDAQ: ALDR) despite shares being under pressure following the European Patent Office's (EPO) oral decision, which revoked Teva's patent claims related to CGRP antagonist antibodies for the treatment of migraine but maintained and narrowed method of use claims."

Here is another new bit of coverage that says "Aegis Capital affirms Alder Biopharmaceuticals (Nasdaq: ALDR) at Buy with a price target of $41 after the EPO maintained claims related to CGRP use in Migraines.

"The supposedly independent judges need to remind the Office that it cannot just pursue greater quantity of patents by disregarding quality, thereby essentially spitting in the well (or muddying the water) of EPs' value.""Analyst Difei Yang sees the recent pullback in ALDR shares as a buying opportunity. The analyst commented, "The EPO’s ruling is certainly a setback in the intellectual property legal proceedings of Alder and Eli Lilly, however it is also, in our view, a buying opportunity as the valuation impact to Alder is minimal; an approximate $2 per share decrease from our estimated price target. This reasoning stems from our opinion that there will be limited, if any, carry over to the US, where the large bulk of the future value of ALD-403 is based.""

Here, in this particular example, we're dealing with patents on drugs, not software, but the principles of patent scope still apply. Consider this new "international report" published yesterday by IAM. It says "Yeda Research and Development Company owned a patent directed to a monoclonal antibody that selectively binds and purifies the human cytotoxin, tumor necrosis factor (TNF)."

"To Battistelli, patent quality control is just some nuisance that stands in the way of his terrible goal of "production" (as measured by the 'SIPO yardstick')."As we noted here before, restrictive patent scope is needed in the area of cancer as well, otherwise patients will be killed for the sake of corporate profits. Societal cost analysis suggests that patents should be few but solid. We are not at all against patents (never were!); we're in favour of high quality patents whose grant can be justified by taking into account externalities like human life.

Battistelli, as this new tweet serves to remind us, is ensuring there's not much left to preserve patent quality at the EPO (appeals are becoming too expensive, the boards understaffed, no independence). To Battistelli, patent quality control is just some nuisance that stands in the way of his terrible goal of "production" (as measured by the 'SIPO yardstick').

Recent Techrights' Posts

European Patent Office (EPO) Series: Down But Not Out – Costa's Comeback
he managed to secure a top-level EU position in June 2024
Journalists Should be Ashamed for Parroting False Claims From IBM Management About "Quantum Computing", Say IBM Insiders Who Work on "Quantum Computing"
IBM is a buzzwords vendor. International Buzzwords Machines.
Exposing Corruption Using a Highly Resilient Platform
Growing levels of trust, based on our track record, help us attract whistleblowers
 
If You're Not Focusing on Software Freedom, All You'll Get is Slopware and Buzzwords
If you're not focusing on attaining Software Freedom (and remember "Linux" is just a brand), then you're losing sight of the goals that actually matter
Red Hat/IBM: Microsoft is Our Partner of the Year
Red Hat is a really bad gravy
Gemini Links 05/06/2026: Enshittification of Institutes for Project Management, Codebases Contaminated With Slop, Personal Stories
Links for the day
Communicating With Freedom - Part II - Quibble Breathing New Life Into LibreJS
Notice how work on one thing led to thousands of lines of code added to a mostly dormant (but nevertheless important) project
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
Links 05/06/2026: More GAFAM Layoffs, Google Faces Regulatory Crackdown in UK Over Plagiarism in "AI" Clothing
Links for the day
Rumour That Layoffs at Microsoft Will Kick Off on July 1st, 2026 (Impacting 10,000 or More Workers)
this is what the rumour mill or the word through the grapevine is
Mission:Libre, Which Teaches Young People Free Software Ideals, Needs Financial Backing
plea for assistance with Mission:Libre
The Slop Ponzi Scheme is a Problem and Threat to All of Us (Even Those Who Don't Invest in or Use Slop at All)
This problem is systemic, not contained
"Blind Justice" Examines the Solicitors Regulation Authority (SRA) Turning a Blind Eye to Abuse by British Solicitors
We have some jaw-dropping examples of how the SRA does not do actual regulation - to the point where its staff does not actual work and does not look into any evidence at all!
7 Days From Now the FSF's Founder Gives a Talk in Bern, the FSF Has Just Advertised This
Meanwhile the FSF (or GNU) processes and uploads many recent talks by RMS
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 04, 2026
IRC logs for Thursday, June 04, 2026
Links 04/06/2026: Self-hosting Remotely and GemText Emphasis
Links for the day
Links 04/06/2026: Ukraine’s Daily Moment of Silence and Uber Lays off 23% of HR
Links for the day
SLAPP Censorship - Part 98 Out of 200: Microsoft Threatening Real Security Researcher With Criminal Investigation for Talking About Microsoft's Bug Doors/Back Doors
The crime should be the back doors (deliberate attack on every user's data protection), not talking about those back doors
Microsoft Would Get Away Even With Pedophilia
"Microsoft should never be above the law"
Free Software is Nourishment to Software Users, Unlike Proprietary Software
Quit treating "mere users" of software "like animals"
The "Peanut Gallery" of GAFAM Has Infiltrated Free Software Projects or Disrupts Free Software Communities
They contribute nearly nothing and do substantial damage; they're freeloaders who attack the most productive members of projects
Coding is Not a Quantity Game (It Never Was!)
"less is more"
Mass Layoffs Expected at Microsoft in July 2026
They're preparing more "lists" of people
Reflection on EPO Leadership That Harbours Cocaine, IBM Leadership That Pumps-and-Dumps the Shares, and More
ManCity replaced Manuel Pellegrini with a more famous manager it didn't envision winning 20 titles in 10 years (it could only hope) [...] Team-building is something that "Pep" seemed to be good at, as was Jürgen Klopp
Pump and Dump by IBM Insider Traders: Nickle LaMoreaux, Gary Cohn, James Kavanaugh, Arvind Krishna, Robert Thomas, and Others
the shares are already collapsing
FOMO (Fear Of Missing Out) Has Weakened If Not Ruined What's Left of Big Media
Many things that have existed for decades are now being rebranded as "AI"
SLAPP Censorship - Part 97 Out of 200: Garrett in Hiding (From the Simple Observable Fact He's Closely Connected to the Microsofter Who Strangles Women, Tells Women to Kill Themselves, and Worse)
They use one another; they are coordinating this via the SLAPP industry in another continent
Links 04/06/2026: Microsoft Threatening Security Researcher for Naming Back Doors in BitLocker, "Demand is Booming for" Old Tech
Links for the day
Gemini Links 04/06/2026: "Word Vomit", Slop", and Moving to Gopher/Gemini
Links for the day
Rust Outsources its Financing (or Financial Control) to Microsoft
How long before the third "E"?
"Format Sovereignty" Can Only be Accomplished With LaTeX or OpenDocument Format (ODF) or Vendor-Neutral Standards for Editable Documents
Microsoft is, in effect, above the law
IBM's Shares Fell Nearly 13% in One Day (Including After Hours)
its main product is false promises
The Cyber Show on the Importance of Software Freedom and Why GNU/Linux Could Not be Stopped
an excellent article
Drew DeVault Can Still Redeem His Reputation. Revisiting His Attacks (and Attack Site) on Richard Stallman Might be a Good Start.
DeVault has openly apologised (this past spring)
The Register MS is Publishing Paid SPAM; Some of It is Designed to Prop Up the "AI" Pyramid Scheme
The Register MS participates in scams
European Patent Office (EPO) Series: "Operation Influencer"
Costa's political career was far from finished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 03, 2026
IRC logs for Wednesday, June 03, 2026
GNU/Linux Usage Rising Among Gamers, But "Hardware Survey Data Not Available."
Not anymore, not for now anyway
Jumping Up and Down on the Shoulders of Giants, Never Talking About What Bill Gates Did
We're back to 2019
Despite LLM Slop or Chatbots, Our Traffic Has Doubled Since We Moved Everything to the UK (in 2023)
The demise of news sites was not what we thought it would be
Software Developers Attacked by Plagiarism Engines Because These Developers Can Teach People How to Exercise Control, Not Outsource to Monopolies of Slop and Back Doors
"Universities should be telling industry what is to be done next, not the other way about. Present education policy has the tail wagging the dog."
Quantum Quantum Quantum Quantum (Pump, Then Dump)
What has IBM become?
Communicating With Freedom - Part I - Developing “Quibble” and Improving GNU LibreJS in the Process
In the next part we shall examine where things currently stand
Quantum Computers Are "All the Rage" (35 Years Ago, What IBM Promises This Year is What People Promised When the CEO Was in His 20s)
"Quantum" hype is high on the agenda
How IBM Removes 15% of Its Staff Without Even Checking Performance of Staff (or Calling That "Layoffs")
Performance Improvement Plan (PIP) as veiled RAs
Links 03/06/2026: Mobile Systems, Openwashing, and New Antenna
Links for the day
Canonical as Reseller of Back Doors in "Ubuntu" Clothing
Microsoft is the antithesis of security and autonomy
Romania Used to be Windows Stronghold, But That's No Longer the Case
Windows was once upon a time so ubiquitous that institutions didn't bother supporting anything except it
KDE Has Long Used Dragons, and Dragons Come From Hatched Eggs
That Microsoft Lunduke tries to paint this as some "trans agenda" thing says a lot about Microsoft Lunduke and his COVID-19-damaged brain
IBM Announces 5 Billion Dollars "Invested" in "AI", in "Security", and 10 Billion Dollars for "Quantum", But IBM Does Not Have This Kind of Money (It's Fake News to Manipulate the Share Price)
IBM has fast-growing debt and liabilities, it does not intend to invest this kind of money, it's a smokescreen and false promises timed to alleviate the sagging share price (52-week low)
When Science and Religion Are on the Same Side, United Against Slop Pushers
The "Mathematics Pope" (sometimes known as "Pope Pi") brought together science and religion, united against technofascists who are mostly college drop-outs who abhor women
Links 03/06/2026: "In Turkey, Criticizing a Corporation Can Land You in Jail" and "Court Bans X Account of Turkey's Oldest Newspaper"
Links for the day
Web Censorship Benefits the Corrupt and the Criminal
More so when corrupt politicians are in charge
Have a "Lifetime" Without Microsoft
The online rage over this is still ongoing
Internet Archive’s Wayback Machine Undoing Censorship of Corporate Wrongdoing
That won't go away anymore
"For Entertainment Purposes Only" But Everyone Must Adopt It for Work and Governance, Say Anti-Scientific Technocrats
"The present mentality around "AI" is like driving to the gym to use a treadmill - it's walking for people who hate fresh air and beautiful changing scenery."
Gemini Links 03/06/2026: Ian Murdock's Ex-wife Footprint in Debian and Alhena 5.6.1 Released
Links for the day
Irish Company statCounter Recognises It Overestimated Microsoft Windows' Market Share in Ireland
it seems like the Irish people are gradually moving away from Windows
Corporate Media Participates in the Lie That Mass Layoffs at GitLab and Loss of Geographic Footprint in More Than a Third of Countries is "AI" and Thus "Success Story"
There's no way to spin this as positive news
Slop Prompting is Not a Coding Skill and Slop Deserves Shunning
Red Hat is hypocritically shunning the very same thing it keeps promoting
IBM colleagues "handed out a PIP and then right after the end date they are gone"
Some go into early 'retirement' to save face
SLAPP Censorship - Part 96 Out of 200: When You Receive Death Threats From Anonymous Sockpuppets/Burner Accounts Connected to People Who Strangle Women and Tell Women to Kill Themselves
Women are not objects and my wife ought not be mentioned in "threats to kill" (how cops have described this)
European Patent Office (EPO) Series: A Tale of Two Antónios - Introducing the Other António
António Costa
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 02, 2026
IRC logs for Tuesday, June 02, 2026