Bonum Certa Men Certa

Judge and Justice Bashing in the United States, EPC Bashing at the EPO

The EPO took it even further by illegally suspending a judge, putting him on a "house ban" with no foreseen redemption

Gorsuch on Trump Reference: SCOTUS Nominee Gorsuch Calls Trump’s Judge-Bashing ‘Disheartening’ and ‘Demoralizing’



Summary: Enforcement of the law based on constitutional grounds and based on the European Patent Convention (EPC) in an age of retribution and insults -- sometimes even libel -- against judges

THE informal mouthpiece (still) of the EPO, IAM, published this article just before the weekend. It's about a Supreme Court decision (impacting courts more than the USPTO) which can help patent trolls. IAM was of course jubilant and the article boils down to the typical IAM propaganda. It's just a selection of quotes from just one side of the argument. It's propaganda disguised as news.



Trolls' and maximalists' news [sic] sites quote only other trolls and maximalists, as might be expect. But what's noteworthy is the following part in which a former USPTO Director says that the "so-called judge" (infamous phrase from Trump) is a hypocrite. IAM uses that to attack (mind the headline) a nonconformist (patent sceptic) Justice, Mr. Breyer, whom the patent microcosm likes to attack over Alice and the his remarks on the Lexmark case. Here is the relevant part:

One critic, former USPTO Director Todd Dickinson, now a partner at Polsinelli, pointed out what he sees as the hypocrisy in Breyer’s comments in SCA and Star Athletica, and the court’s recent mangling of the law around patent eligible subject matter.


Notice how IAM is quoting some of the worst trolls but not actual industry people (producers and productive firms, i.e. anything other than parasites). We have grown accustomed to this, particularly from IAM.

Patent maximalists want more patents, more lawsuits, and more money for themselves (the latter requires more of both). They couldn't care any less about the raison d'être and core purpose of patents as originally envisioned. They're like clueless Battistelli, who would have us believe that converting a fine patent examination office into a rubberstampting operation like INPI is a great thing, even if that entails decrease in applications and devaluation of EPs. He's a hyperinflation politician, not a President; he's a tyrant like Mugabe and his impact on the EPO is already devastating (brain drain, reputation issues and so on).

Facing the reality of the EPC, the EPO already acknowledged it had granted bogus patents on plants/seed and then decided to stop it (very belatedly and probably due to mounting public pressure). The EPC is like the constitution to examiners, but they are bossed and instructed by Battistelli loyalists, not a legal document. There is clearly a constitutional crisis here, hence the need for whistleblowers.

Tobias Cohen Jehoram, Tjibbe Douma, Gertjan Kuipers and Oscar Lamme from De Brauw Blackstone Westbroek N.V. have just published this article about it. They also take note of the EPC towards the end, along with the EU Biotech Directive:

The patentability of plant varieties has been a recurring topic of discussion over the years. Despite some pro-patentability decisions by the European Patent Office, the European Commission recently set out its restrictive views on this subject in a Notice. This led to the European Council stating its Conclusions on the Notice in February 2017. The outcome is clear: both EU bodies conclude that no patents should be allowed for plant products obtained through essentially biological processes, for example genetically modified plants.

[...]

Under the EU Biotech Directive and the European Patent Convention (EPC), plant varieties and essentially biological processes for the production of plants are not patentable. Plant varieties can be protected by "plant variety rights", which grant exclusivity to the right holder while leaving room for others to use the protected material as a starting point for further breeding (the breeders' exemption).

The EPC is a non-EU convention and the Biotech Directive was implemented in the EPC by the EPC Implementing Regulations. Those Regulations also provide that the examining and opposition divisions of the European Patent Organisation (EPO) use the Directive as a supplementary means of interpretation when examining European patents and patent applications for EPC compliance. In addition, the EPO Guidelines provide that judgments of the Court of Justice of the European Union on the interpretation of the Directive may be "considered as being persuasive".


Also take note of this Turkish law firm writing about the EPC in relation to Turkey; this was published already in IAM and we took note of it the other day. We bemoaned the wrong assumption that the EPO was still following and obeying the EPC; the judges whose job it is to enforce this have already complained openly that they are unable to do it under Battistelli.

Battistelli's men have already gloated that they would disregard court rulings, they pretty much ignore ILO rulings, and much like Recep Tayyip ErdoÄŸan they oust or drive to exile judges whom they don't agree with.

Recent Techrights' Posts

Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026
Microsoft's Bing Down to 0.5% in Armenia
Microsoft does not want shareholders to see this
Libel by Bots: Unexplored Legal Area?
Liability can be traced back to the operator
Maybe Obvious, But Merits Repeating: A Lot of "Demand" for Slop is Faked, Manufactured, Fabricated by Dark Patterns, Bundling, Media PR (Deception/Hype) Campaigns
Over the past few years many products and services got rebranded as "AI"
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day
IBM's Accounting Claims Don't Add Up
IBM is an enigma. To Wall Street is claims to be doing extremely well, but insiders tell the complete opposite.
Links 13/02/2026: "Cofounders Fleeing MElon’s xAI" and IOC Opposes Solidarity With Ukraine's Fallen
Links for the day
IBM is Becoming "Garbage In, Garbage Out" (GIGO) "Just like Arvind and Krabanaugh." (CEO and CFO, Respectively)
There are some decent new comments about IBM this morning
Gemini Links 13/02/2026: Square Function with Diode Network and Calls Against Discord
Links for the day
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs