Bonum Certa Men Certa

Technical Failure of the European Patent Office (EPO) a Growing Cause for Concern

Applications that belong in the wastebasket are approved to become European Patents

The wastebasket



Summary: The problem associated with Battistelli's strategy of increasing so-called 'production' by granting in haste everything on the shelf is quickly being grasped by patent professionals (outside EPO), not just patent examiners (inside EPO)

THE scandals at the EPO have not been abated, but we took a couple of days off and thus weren't able to cover these.



The European Patent Convention (EPC), as it was put together with a vision almost half a century ago, has been thoroughly compromised. Respect for the EPC came to an end under Battistelli, who treats the EPC like Donald Trump treats the Constitution. Don't fall for this latest spin from Battistelli's PR department. Battistelli, a crooked boss with the temper of Donald Trump and the facial expression of Arsène Wenger, has managed to alienate just about any member of staff. He has also alienated patent attorneys and applicants. He's now living on borrowed time and the longer he stays, the greater damage he causes.

Recently, the EPO's legal professionals were publicly admitting the mistake of granting patents on things that European authorities explicitly and repeatedly oppose. The EPO belatedly realised that granting patents on life makes everyone angry, including many examiners. George Lucas from Marks & Clerk wrote about it today and another article on this subject was cross-posted in at least three sites of patent lawyers [1, 2, 3]. To quote the key part: "While the U.S. is still sorting out “natural products” jurisprudence under 35 USC €§ 101, the European Patent Office (EPO) is wrestling with the patentability of plants and animals, and has announced an immediate stay on all patent examination and opposition proceedings in which the outcome “depends entirely on the patentability of a plant or animal obtained by an essentially biological process.” The stay was prompted by a recent Notice from the European Commission (EC) concerning Directive 98/44/EC on the legal protection of biotechnological inventions. In the Notice, the EC concluded that plants or animals derived from essentially biological processes are not patentable under the Directive. Until the EPO provides further guidance on this issue, applicants should exercise additional care in drafting the description and claims for inventions related to plants and animals."

Yes, now they pay the price for an awful decision made years ago by the EPO.

In the US there are similarly controversial decisions about patents on nature/medicine (Merck). IP Kat has this new article today about "patents covering... claim the use of this dosage regime." Citing the FDA, IP Watch wrote:

Biotherapeutic medicines are made out of living organisms and cannot be replicated. No generic medicines, which are exact copies of the reference product, can be made. The generic equivalent of a biotherapeutic would be biosimilars, which are highly similar products. The United States Food and Drug Administration has issued a guide to help producers to prove how close their biosimilars are to the biotherapeutics.


Typically the Boards of Appeal (probably the Enlarged one) would weigh in and make sense of it, but Battistelli’s EPO is marginalising these people. Quality control is a nuisance to one who reduces patent quality in order to reach misguided goals. See "EPO Enlarged Board Of Appeal Finds The Cure For Poisonous Divisionals", published this week in a couple of sites for lawyers.

Citing this paper from 2015, "Comment on Enhancing Patent Quality", someone from the EPO sphere urged us to consider the importance of patent quality. Brian J. Love from the Santa Clara University School of Law wrote in his abstract: "This Comment responds to the U.S. Patent and Trademark Office’s Request for Comments on Enhancing Patent Quality, published February 5, 2015. It proceeds in two parts. First, I share two general observations about the PTO’s current slate of New Quality Proposals: specifically, it fails to include any reforms that apply post-issue or any reforms that exercise the PTO’s fee-setting authority. Second, building on these observations and two recent empirical studies of mine, I outline two proposals that I urge the PTO to consider: specifically, an increase in maintenance fees and a decrease in fees for post-issue administrative challenges."

We don't expect the EPO to learn from the mistakes made by the USPTO in the past (things are improving now). In fact, things keep getting worse as Battistelli drives away a lot of staff and still expects double-digit growth (percent-wise) in the coming (current) year, as measured by the number of patents (or "products") dealt with.

Kluwer Patent Blog, typically a mouthpiece for the UPC if not the EPO as well, is obviously aware of the EPO crisis because this year's leading posts, as judged by number of readers, is topped by EPO (specifically the scandals) and UPC. A reader of ours "found this highly interesting post" which resembles what happened in IAM, as mentioned at the time (before Christmas) and to a lesser degree IP Watch.

It sure looks like concern about the direction the EPO has taken, also on purely technical grounds (not labour law but patent quality), is growing. Readers who didn't read Techrights during the holiday may wish to revisit the leaked letter to Quality Support (DQS) at the European Patent Office. Now compare this to this latest puff piece from today. It says: "Complaints to the European Patent Office (EPO) are dealt with by a central EPO department known as Directorate Quality Support (DQS), which is also solely responsible for drafting and sending the official EPO response to the complainant. The default position is that both the original complaint and the reply thereto issued by DQS on behalf of the EPO are not made public, but rather are kept in the non-public part of the file to which the complaint pertains. This default position was apparently established by a decision of the President of the EPO in 2007. On the face of it, this would not appear to be a particularly contentious position, and is possibly justified given that complaints could be prejudicial to the legitimate personal or economic interests of third parties. Presumably the EPO would rather not place itself in a position of being a public outlet for any such potentially prejudicial remarks."

As we showed here during the holiday, Directorate Quality Support (DQS) has itself become a shameful failure and utter mess. Applicants who receive such terrible service even resort to complaining to politicians, only to discover that the EPO is immune to prosecution.

Recent Techrights' Posts

Layoffs in Twitter, Facebook, and Microsoft's LinkedIn
There are silent layoffs at Microsoft this month
We Don't Depend on Google and Don't Care for Google
We have our own site search and we don't depend on Google to bring visits/visitors to us
Facebook Layoffs Due to Enormous Debt, Nothing to Do With "Hey Hi" Slop
The lies about "hey hi" in relation to layoffs will only contribute to further public resentment towards: 1) the media and 2) all the slop.
 
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
Change of Address at the Hired Guns, Address Removed
Companies tend to alter their 'shell structure' in anticipation of major action
The Good IBM Managers Have Flown Away, All That's Left is the Book-Cooking Loyalists
IBM is just cheating the SEC and shareholders. This seems to be the only thing IBM's management is nowadays good at.
Microsofters' SLAPP Censorship - Part 12 Out of 200: Months Ahead of Serial Strangler From Microsoft Who Helped Double the Lawsuits (Funded by Third Parties) as 'Revenge' for Exposing Crimes
In 2024 I sat down and wrote about what had been done to me and to my wife
Crime Comes in Many Forms
apparently the SRA is OK with stranglers of women in America bullying the media in the UK
commandlinux.com, linuxteck.com, linuxiac.com, and linuxsecurity.com are Slopfarms With "Linux" in Their Domain Name
once readers realise they read slop they immediately lose interest
Links 14/03/2026: Adoption of Slop Has Killed BuzzFeed, Russia Sees "Economic Gain From Iran War"
Links for the day
Patriotism is Conditional, If It's Unconditional, Then It's Like a Cult
My love for Software Freedom is only as strong as my love for Freedom of the Press
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Universities Became Bad Places for Work
What happened to academia?
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day
Atlassian Corp: We're Doing Layoffs Because of "Hey Hi"; Wall Street: Atlassian Corp is Just a Failing Business
Don't ask "the media"
Microsofters' SLAPP Censorship - Part 11 Out of 200: Cannot Censor His Spouse, Accusations Are Repeated Today
He already has a history of threatening to sue gay people in America; he cannot take criticism too well
Price of Storage, Price of Energy... What Next?
EPO workers are going on strike because their salaries don't keep up with price increases and tech companies without connections in "the channel" face long delays, low availability, and high prices (no "bulk" purchases), which further solidifies monopolies.
Don't Forget Red Hat's RTO (Return-to-office) Layoffs
How many people still remember that Red Hat did the same thing?
Reminder: Microsoft silent Layoffs by RTO (Commute Time and Lack of Comfort/Work Satisfaction) Already in Effect This Year
It's difficult to measure how many employees have already "left on their own" due to the RTO policy
Founder of IBM Ventures Has Just Quit IBM
Some people leave IBM and many people 'leave' IBM
Signs of Impeding Mass Layoffs - Not Just Quiet Layoffs - at Microsoft
Beneath the surface there are waves of layoffs and even entire teams are let go
Career Science and Academia as Corporate Propaganda 'on Tap'
article about surveillance
Veteran GNU/Linux Journalist Jack Wallen Tries Geminispace and Likes It
It'll turn 7 some time soon
Scheduled Maintenance Tonight
There will be similar work early next week
"Alternative to Microsoft Office" Must Use Free/Open Standards/Formats for Real Sovereignty
It would make sense for the EU to invest in its own workers and its own software projects, more so now that there are hostile countries both to the east and to the west
IBM Has No Clue How to Integrate Companies Like Red Hat
IBM is failing to respect this company's culture
Fake Articles From Sites With "Linux" in Their Name/Domain Name
we can at least hope that linuxteck.com made a decision to quit slop
Links 13/03/2026: New US Weapons for Taiwan, Pakistan Air Strikes Hit Kabul
Links for the day
Gemini Links 13/03/2026: Exhaustion and Smartphone Addiction
Links for the day
Friday the 13th & Debian Developers afraid to nominate in DPL elections
Reprinted with permission from Daniel Pocock
Links 13/03/2026: Chatbot "Pentagon Contract" (Bailout) and Secret Service Ditches Slop Pusher
Links for the day
When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day