Bonum Certa Men Certa

Battistelli's EPO is Under Fire From Major Applicants for So-called 'Early Certainty' (Low Quality and Rushed Patent Examination)

Not worth the money anymore

Biotechs concerned over EPO rules



Summary: Growing unrest from EPO applicants and harsh position papers are on their way, expressing disapproval of the direction the EPO has taken under Battistelli's appalling leadership (which 0% of the stakeholders recently polled approve of)

INSIDERS from the EPO are rightly concerned that quality control at the EPO is not only declining but may eventually lead to a French style system where all applications are just shelved and presumed valid. EPO stakeholders, who have evidently grown tired of Battistelli and very much upset at the direction the EPO has taken, finally speak out, just as their attorneys did. There was an article about it some hours ago (screenshot above) and here are some snippets from it:



Biotechs concerned over EPO rules



Gavin Recchia, Principal at Australia’s large IP attorney firm Davies Collison & Cave told European Biotechnology that the so-called Early Certainty on Examination “may well have the unintended consequence of reducing the filing of life sciences patent applications in Europe”.

[...]

European experts had carefully criticised the Early Examination plans earlier. Now, sources told European Biotechnology that the German biotech association BIO Deutschland and the European Federation of Pharmaceutical Industries and Associations (EFPIA) will come up with position papers soon. According to leaked information, the lobby groups will propose to the EPO to establish an option to de-pace the accelerated examination on request in order to grant early legal certainty on one hand but also to prevent potential downsides of the new rules to the life sciences sector.


This indicates that some major action is poised to start. What will Battistelli have to say for himself? He ruined the EPO in order to fake "production" and he tarnished the reputation of every single EP in the process. The whole well is muddied. The certainty associated with the validity of European patents (EPs) is no more.

"What will Battistelli have to say for himself? He ruined the EPO in order to fake "production" and he tarnished the reputation of every single EP in the process."Battistelli actually does have something to show. This Cambodia thing which was more like a joke/farce is resurfacing again today, this time courtesy of Schmitt & Orlov with some more 'copypasta', just like the two articles we saw in the Cambodian press. "Sources https://www.epo.org/" says this so-called 'article' at the end; they're like parrots of cheaply-made PR, sourced from the incompetent PR staff of Battistelli. We just can't help wondering, why do some patent firms still prop up this nonsense? Yesterday it was Shelston IP doing it and now Schmitt & Orlov. Can't they see how truly and utterly ridiculous this whole thing is? For EP holders to be able to go to Cambodia? Because they can enforce their patents in Cambodia, a country with no EPs at all, some time later this year (summer)?

The one thing Battistelli attempted to market (perceptual promises, always in vain) was the UPC, but there will be no unitary effect any time soon (if ever!). Dr. Luke McDonagh is planning to explain why, having already written a great deal about the subject, including a whole book. The subject is to be explained in London tomorrow (or technically, as per local time, later today). Here are his thoughts:

One of the most pressing questions that remains unresolved regarding Brexit and IP concerns a centrepiece of EU innovation policy – namely, the ongoing process for setting up a single unitary patent (the EP with unitary effect) and a Unified Patent Court (UPC) common to participating EU member states (including, at least for now, the UK).

[...]

So far, 25 out of the 28 EU member states have agreed to join the UPC, with Spain, Poland and Croatia the only ones not participating. Until the Brexit referendum, the UK seemed to be well on the way to full ratification of the UPC. Indeed, for the past four years the UK government has been making plans to host one of the new court’s central divisions in Aldgate, east London, where a building has already been leased in preparation for the new court’s establishment and mock trials have taken place.

What is crucial in the Brexit context is that even though the UPC will have its own jurisdiction to rule with respect to most patent issues – like the infringement of patented drugs – it must defer to the CJEU in a small number of areas of EU law, such issues arising under the Biotech Directive or matters relating to Supplementary Protection Certificates. In line with this, the CJEU in Opinion 1/09 held that only states that accept the supremacy of EU law and the jurisdiction of the CJEU may sign up.

[...]

One final point – the fate of the UK’s continued participation in the unitary patent scheme remains less certain. The UP, unlike the UPC, is created by an EU regulation, and there is no way to consider it a purely ‘international right’ (although the existing EP granted by the EPO would fit this definition). Accepting the UP would require a more extensive assessment of EU law and as yet the UK government has not given us any clues as to its intentions. It remains possible that the the UK – post-Brexit – will stay within the UPC but not the UP.


In summary, EPO applicants receive EPs that are of low quality, are generally overpriced, have no unitary effect, but may be enforceable in Cambodia later this year. For those who don't know, Cambodia is one of the poorest countries in Asia.

And some people still wonder why and how the EPO became Europe's (or the world's) laughing stock?

Recent Techrights' Posts

Links 28/10/2025: Meta and Fentanylware (CheeTok) Age-Restricted Down Under, "Britain Needs China’s Money"
Links for the day
Links 28/10/2025: Mass Layoffs at Amazon and Charter to Cut 1,200 Jobs
Links for the day
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Parties and Milestones Again
we've begun putting up about 40 balloons
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete
Links 26/10/2025: Microsoft Spies on Gamers, Open Transport Community Conference
Links for the day
Links 26/10/2025: LLM Slop / Plagiarism Programs Continue to Disappoint, CISA Layoffs Threaten Systems
Links for the day
Gemini Links 26/10/2025: Gemsync and Joining the Small Web
Links for the day
India.com a Click-baiting, SEO-Spamming, Slopfarming Heap
They do this almost every day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 25, 2025
IRC logs for Saturday, October 25, 2025
Without XBox Consoles, XBox is No More, It's Just a Brand (More Rumours of Microsoft Ending XBox, Then Laying Off Lots of Staff)
All signs indicate that Microsoft wants to "exit" the XBox business (not brand), but it does not want to publicly admit this as it would alarm staff and shareholders