Bonum Certa Men Certa

'SIPO Europe': The EPO's Race to the Bottom of Patent Skills and Patent Quality

Driving away the senior staff and bringing in temporary staff to just rubberstamp applications? Good for lawyers, no doubt...

SIPO and Battistelli Reference: Loose Patent Scope Becoming a Publicity Nightmare for the EPO and Battistelli Does a China Outreach (Worst/Most Notorious on Patent Quality)



Summary: The EPO is quickly turning from the world's leading patent office (on quality criteria) into one of the worst (as European patent lawyers too gradually dare admit)

WHEN this Web site was founded (2006) the EPO had already accepted that software was not patentable (before loopholes "as such"). The EPO was the least of our concerns! We were actually proud to say that software patents were no longer (much of) a problem in Europe.



Battistelli ruined the EPO in so many ways, including patent scope. He treats patent-granting (or examination) processes like a production line, where the goal is to produce as much as possible as quickly as possible (patents were never like this!) and this is what he calls "success".

What can a President do when staff realises that examination is no longer being done improperly because of unrealistic "production" expectations? A reasonable President would listen to the staff and correct/rectify the error. But Battistelli is no President but a King and a ruthless tyrant. He'll never ever admit an error. He's crazy!

"Thinking of applying to Praktika Intern? Applications close on 31 January 2017," the EPO wrote today, promoting that same trend of picking interns rather than experienced full-time employees (who are walking away or find themselves illegally dismissed based on trumped-up/made-up charges, or simply fail to reach impossible-to-fulfill quotas).

Make no mistake about it. The EPO grants A LOT of patents IN ERROR. Insiders told us so. They know so. They're embarrassed to say so, but they feel compelled by ethics.

Last week the EPO pulled off a publicity stunt ahead of the meeting which was supposed to bring up the subject of patent quality. It's about patents on plants. Here is a new article about it (shallow because it's composed by the patent microcosm):

The European Commission Disagrees with the European Patent Office on the Patentability of Plants and Plant Parts Produced by Essentially Biological Processes

Following last year's decisions by the Enlarged Board of Appeal of the European Patent Office ("EPO") on referrals G 2/12 and G2/13 ("Tomatoes II" and "Broccoli II"), the European Commission ("Commission") issued an interpretative Notice on certain articles of the Directive 98/44/EC—known as the Biotechnology Directive—stating their view that when adopting Directive 98/44/EC, the EU legislator's intention was to exclude from patentability products (plants/animals and plant/animal parts) that are obtained by means of essentially biological processes.

[...]

The European Commission Disagrees with the European Patent Office on the Patentability of Plants and Plant Parts Produced by Essentially Biological Processes

Following last year's decisions by the Enlarged Board of Appeal of the European Patent Office ("EPO") on referrals G 2/12 and G2/13 ("Tomatoes II" and "Broccoli II"), the European Commission ("Commission") issued an interpretative Notice on certain articles of the Directive 98/44/EC—known as the Biotechnology Directive—stating their view that when adopting Directive 98/44/EC, the EU legislator's intention was to exclude from patentability products (plants/animals and plant/animal parts) that are obtained by means of essentially biological processes.


Andrew Sharples, head of practice group EIP Life (patent microcosm), wrote for IP Kat about this a short whole ago and said:

The EPO announced on 12 December that it has stayed all examination and opposition proceedings relating to plants and animals obtained by an essentially biological process. This is because of a notice of the European Commission questioning the availability of patents in these fields.

Following the Broccoli and Tomato cases (G2/12 Tomatoes II and G3/12 Broccoli II, discussed on the IPKat here), the Enlarged Board of the EPO ruled that even where an essentially biological process for the production of a plant or animal is not patentable, the resultant animal or plant may itself be patentable. This was on the basis that, effectively, the exclusion under Art. 54(3) EPC was an exclusion of a process, and there was no basis for giving this Article a broader interpretation.

This decision did not go unnoticed by the powers of the EU, and in December 2015, the European Parliament adopted a resolution asking the European Commission to look into the patentability of products of essentially biological processes. This resulted, on 3 November, in the Commission adopting a Notice on certain articles of the Biotech Directive (2016/C 411/03), in which the Commission took a different view from that of the Enlarged Board.



Well, the Enlarged Board of the EPO may not last much longer. Battistelli is in the process of squashing it because, based on a growing mountain of evidence, it doesn't blindly accept Battistelli's views and to make matter worse it's actually granted -- GASP -- independence from the Office. That is absolutely not acceptable in Battistelli's view, which is why he insisted that the chinchillas of the Council should send those people to exile (as they finally did a few days ago).

Battistelli has totally dismantled the EPO even on technical grounds. Battistelli is far from a technical person, so he can probably lie to himself about it with ease.

Recent Techrights' Posts

The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
 
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026
Don the Con Meets the Conman From IBM, Shares of IBM Continue Sliding Some More
The "Quantum" hype did not last long [...] PIPs are the new layoffs
Retaliatory Whistleblowing Expected at Microsoft During or After the Mass Layoffs
Retaliatory behaviour by Microsoft will backfire
Gemini Links 24/06/2026: Heatwave, Steam Next Fest, and Year of Buying Guitar Pedals
Links for the day
Links 24/06/2026: China Tops "TOP500", Impact of Microsoft’s Massive Layoffs Extends Further, Internet Society's Community Snapshot
Links for the day
While Thousands at IBM Lose Their Jobs ("Silent Layoffs") IBM's CEO Goes Begging the Dictator for Bailouts, Based on Deliberate Lies About "Quantum"
Many who claim to be retiring are only in their 40s and 50s. They're too proud to publicly admit what IBM did to them.
European Patent Office (EPO) Series: London Calling...
EPO Vice-President in charge of the "Patent Granting Process" is likely to have been a pay-off for the support which the UK gave to Campinos in 2017
Faking Productivity With Slop and Wasting Money on Faking 'Productivity': A Microsoft Story
If the quality of everything at Microsoft goes down
IBM Sends Workers 'Packing', Sometimes With the "Low Performer" Label That Imperils Their Future
To many people out there, IBM correlates with deceit
Links 24/06/2026: Four-Day Workweeks, GM Cut 1,000 Workers at Its EV Plant, 21,000+ Oracle Layoffs
Links for the day
A Step in the Right Direction (EU) in the Fight Against LLM Slop From GAFAM (US)
We've already mentioned this in Daily Links, but let's discuss this a little further
SLAPP Censorship - Part 117 Out of 200: Libel Tourism or Defamation Forum-Shopping in the United Kingdom Condemned by the European Union (EU)
Last week we reminded readers that the EU had criticised UK defamation law
Demonstration Next Week at the European Patent Office (EPO), Administrative Council Seen as Complicit
Corruption in Europe hurts all of us
IBM is Now Hinged on False Accounting and False Promises
This is the legacy of the current CEO
"PARTNER CONTENT" or 'Content Farms' That Promote Slop and Misinformation (The Register MS)
The Register MS represents a big part of the problem we all face
Wikipedia - Like Some Free Software Projects Infiltrated and Bribed - Bans Its Own Founder
Over the years we've named (not shamed) some projects and organisations that got corrupted by money and ended up banning their own founders
Turn Off the Slop, It's Wasting Energy and Destroying the Planet (the Only Planet We Have)
Right now we see lots of headlines about energy shortages and drained-up reserves
Lessons From Almost 30 Years of Site-Building Activities
We still strive to become faster and lighter
Do Not Outsource (the Seductive Mirage)
Abandoning so-called 'conventional wisdom'
Media Complicit in IBM Fraud Meant to Prop Up the Share Price Based on Lies, Fabrications
Even IBM insiders are fuming at this
The “Aktion T4” at the European Patent Office (EPO) Saves Money for the President's Own Purse
Call for parents of children with special needs
In Some Countries, Windows Has Lost Its Monopoly
Windows fell to an all-time low globally this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 23, 2026
IRC logs for Tuesday, June 23, 2026
Gemini Links 24/06/2026: Motivation, PostScript Printer, and Why Hyperscalers and the Smolnet are Compatible
Links for the day
The Media's "Satya Says" Syndrome Distracts From Grim Reality
how insiders see Microsoft slop
Oracle's Collapse Has Nothing to do With Slop, It's About Its Debt Exploding by Almost 50% in Just 12 Months
How are people meant to trust the media?
SLAPP Censorship - Part 116 Out of 200: 5 Years of Multiparty Lawfare Against Techrights, Funded by Americans and Also by Third Parties (Including Microsoft Salaries)
The public and our government will be informed in full
Now... a Word From Our Sponsor
Powerade
Links 23/06/2026: Microsoft Studio Closures and Journalism Subjected to Further Cuts
Links for the day
Gemini Links 23/06/2026: Gardens, Basketball, Blocking Hyperscaler, and New Commodore Phone
Links for the day
Links 23/06/2026: Apple Price Hikes and Technical Debt in Slop
Links for the day
After IBM's Shares Collapsed the CEO is Trying the "Quantum" Trick Again, Bolstered by a Demented Dictator in the White House
from what we can gather IBM's CEO is trying to get the US government to participate in the scam
Greece Ought to Curb the Threat of Social Control Media
its national discourse seems to be run by an American company called Facebook
State of the GNU/Linux Desktop (and Laptop)
The time to advocate GNU/Linux is now
The 'XBox Narrative' Distracts From Destructive Cuts Across the Whole of Microsoft
Microsoft is preparing to lay off a likely record-breaking number of people [...] this isn't just an XBox problem
SLAPP Censorship - Part 115 Out of 200: Spending the Next Decade Writing About SLAPPs and Trying to Fix the System
It's the same industry that got paid by corrupt EPO officials to try to cover up the corruption
Microsoft's Stock Fell Nearly $200, But the Real Problems Are Just About to Begin
if they dump slop, what will they tell shareholders?
The Cyber Show on Starmer and Software Freedom
The Cyber Show's Andy has just explained why our departing national leader wasn't all bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 22, 2026
IRC logs for Monday, June 22, 2026
Gemini Links 23/06/2026: Girlrotting, Homeworlds at BGA, Slop Ruins Sites
Links for the day