Bonum Certa Men Certa

Latest EPO Crisis: Junk Patents Granted in Preparation for Vision of Europe as Litigation Central (UPC)

The Board too recognised that there is a "crisis" (in its own words, shown below)

EPO crisis



Summary: Europe is rapidly turning into one of the world's worst places to have a practicing business as it's now a fertile trolling territory

THE EPO, as we noted here quite recently (in several articles), started granting terrible patents (EPs) on life -- patents that even the USPTO is denying for obvious reasons.



“The EPO want time for discussion and consideration of the effect of this divergence.”
      --Isobel Finnie, Haseltine Lake LLP
Not too long ago even the EPO's management begrudgingly admitted that monopolies on life had to be stopped and this new legal analysis looks back at it, noting the role played by the EPO's Enlarged Board of Appeal (EBoA):

The European Patent Office (EPO) has issued a Notice advising that proceedings before its examining and opposition divisions will be stayed if they depend entirely on the patentability of plants/animals, or plant/animal parts (eg seeds, fruit) obtained by "essentially biological processes". This is because directly opposing views have been reached by the EPO's Enlarged Board of Appeal (EBoA), (its highest level of review) in a 2015 decision, versus the view set out by the European Commission in a Notice issued on 3 November 2016 on whether this type of product should be patentable in Europe. The EPO want time for discussion and consideration of the effect of this divergence.


We expect that the Boards of Appeal will also stop the EPO from granting any further patents on CRISPR (possibly invaliding those already granted in the process), but this can take years and the Boards of Appeal are under a massive attack from Battistelli, who isn't even supposed to have any authority over them (violation of the EPC).

"We expect that the Boards of Appeal will also stop the EPO from granting any further patents on CRISPR (possibly invaliding those already granted in the process), but this can take years and the Boards of Appeal are under a massive attack from Battistelli, who isn't even supposed to have any authority over them (violation of the EPC)."As of yesterday, even the British establishment could see that the EPO had gone off the rails. To quote a org.uk Web site: "The European Patent Office (EPO) has declared that it intends to grant a broad patent for the use of CRISPR technologies to the University of California, the University of Vienna and Dr Emmanuelle Charpentier of the Max-Planck Institute in Berlin."

This should never have been granted. Another .org Web site seems to have just realised that EPO is now one of the world's worst for patent quality; this is doing enormous damage to all existing EPs! The article said: "The European Patent Office, or EPO, announced its intentions to grant the University of California a broad patent for CRISPR-Cas9 gene editing technology in late March."

"It would be completely unimaginable some years back, but look what patent examination has been reduced to under Battistelli."We have already explained what CRISPR is about, especially to the uninitiated. There are ethical, contractual, and common sense issues, putting aside the importance of patent scope. It would be completely unimaginable some years back, but look what patent examination has been reduced to under Battistelli. How long before examination becomes altogether negligible or redundant like in France?

Anyone who has spent some time working with or reading about patents would know that lousy patents with broad range/scope are profoundly detrimental to science -- a toxic mix or a dangerous cocktail, as a certain lunatic might dub it.

"Of course," one comment said yesterday, "another way to pump up business for the UPC is to push for more patent applications at the EPO to go through to issue without carefully policing prosecution amendments under Art 123(2) EPC. That would serve very nicely, wouldn't it? I recall that grants at the EPO have recently risen by 40%."

"How long before examination becomes altogether negligible or redundant like in France?"Yes, exactly! People are finally getting it.

Earlier this morning the EPO wrote: "Take a look at patent litigation, from A to Z!"

So that's all they care about now? Litigation? The EPO needs to focus on examination, not litigation.

"For all we know, Britain cannot join the UPC and thus, the UPC might never get off the ground at all (it strictly depends on Britain's participation in its current form)."Where is IP Kat when one needs it to cover these alarming developments? IP Kat is taking a bow to the EPO today with this promotional puff piece, but nothing is said about the EPO crisis, except in very old comment threads. It ought to be obvious by now that the EPO under Battistelli doesn't give a damn about the EPC (see the latest example) and unless something is done to stop this abuse, damage will spread to the whole of Europe, inflicting all sorts of companies with troll lawsuits (potentially from China and the US).

There is a portion in new comments which spreks of UPC and Britain. One person said "this raises an interesting question: will unitary patents, at least for the short while from the start of the UPC to Brexit, automatically cover Gibraltar? We know that they will cover the Isle of Man, but only because a specific Order was passed in order to reconcile the fact that UK patents are protected under Manx law with the Isle of Man's non-EU status. Gibraltar's situation, on the other hand, is the opposite: uniquely among British Overseas Territories, it's (for the time being) in the EU, but UK patents aren't protected under Gibraltar law."

"As we noted here earlier this week, there is a growing belief that Battistelli wants to completely demolish the EPO as a 'necessary' sacrifice for the UPC regime."For all we know, Britain cannot join the UPC and thus, the UPC might never get off the ground at all (it strictly depends on Britain's participation in its current form).

"Regarding the UPC comment," one person responded, "it is incorrect to state that Gibraltar is in the EU, because clearly it is not, but I am not one to split hairs, so I am prepared to accept that it is."

This then disrupted the whole thread, making it about the EU and Gibraltar rather than the UPC.

As we noted here earlier this week, there is a growing belief that Battistelli wants to completely demolish the EPO as a 'necessary' sacrifice for the UPC regime.

Recent Techrights' Posts

BetaNews Appears to Have Fired All Of Its Staff
Even serial sloppers
Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
 
Gemini Links 18/06/2025: Magit and Farming
Links for the day
Slopwatch: BetaNews is Now a Slopfarm (Like Linuxsecurity) and Google News is Overwhelmed by Slopfarms
The Web is bad
Links 18/06/2025: SCOTUS Decision on Fentanylware (TikTok) Still Ignored, 4.5-Day Work Weeks
Links for the day
Links 17/06/2025: Windows TCO and G7 Rifts
Links for the day
The Right to Know and the Freedom to Report on Crime (at the Higher Echelons)
I'd like to do the same thing for the next 20 years
After the Web Becomes Slopped to Death
A lot of people are rightly fed up with the "modern" Web
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Like Most Social Control Media, Microsoft LinkedIn is Collapsing
One reason for Microsoft acquisitions is debt-loading, i.e. offloading and burying its debt
Microsoft is Losing Its Richest Clients
Unlike some very poor countries, Germany and the EU are a considerable source of income to Microsoft
Proprietary Means Not Secure
Proprietary software tends to rely on secrecy, not good design
Slop in 'AI' Clothing is a Passing Fad, We'll Get Past It (Like Blockchain Before That)
Many people cheat in exams using slop and there are professionals that try using slop as a "shortcut"
GNOME Does Not Campaign Against Microsoft, KDE Does
It's good to see that KDE is still active in promotion of Free software - a term that it uses
Slopwatch: BetaNews, Linuxsecurity, and Other Prolific Slopfarms
name and shame the sites that establish such proliferation of slop
Gemini Links 18/06/2025: Birch Lake and Loon Pond
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 17, 2025
IRC logs for Tuesday, June 17, 2025
Links 17/06/2025: "The Grift Economy" and Kubernetes Does Proprietary
Links for the day
Microsoft's "FUD-as-a-Service" (Against Linux) Not Functioning Well
This is the kind of contribution companies like Microsoft and Google have to offer to society
Betanews Becoming a Slopfarm is "Betanews Growing Alongside You", According to Betanews
Their first 'article' in over two weeks is 52% "AI-generated" (slop), 33% mixed (edited slop), 18% human-written, says an advanced scanner.
Coffee Day and LLM Sloppers
The LLM slop "bros" are a lot like fake-money bros; they lie to people, they boast that they lie to people, and they're generally bad people, BS artists in colloquial terms
Double-Dipping the Docket for Microsoft Glory and Censorship of Microsoft Critics
same lawyer, same barrister, all US, all Microsoft
TheLayoff Censorship of IBM Threads Has Gone Truly Ludicrous
we do not argue that TheLayoff should not cull LLM slop
More Stallmanites Added to FSF Board and Summer Fundraiser Commences
There's some good news from the FSF
Gemini Links 17/06/2025: Consistency and Notes About NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 16, 2025
IRC logs for Monday, June 16, 2025
July 2 2025 Would Not be First Big Wave of Microsoft Layoffs Before Major National Holiday
July 2 or 3 mark the start of a very long weekend in the US
IDG's NetworkWorld Seems to Have Just Become LLM Slop
If IDG (now controlled by China) does that in at least one site, why not the rest? Only a matter of time?
Gemini Links 16/06/2025: Free Lunches and Bookmarklet for Mastodon
Links for the day
IBM: Less Than a Month's Severance for Each Decade of Service
Yes, decade!
Taking a Lesson From Denmark and Greenland? Iceland Shows New Lows for Windows, All-Time Highs for GNU/Linux
If Microsoft sabotages systems of judges at the Hague (in order to appease the insane man who wanted to invade Greenland), why won't its neighbour Iceland take note?
BetaNews Has Just Deleted Its Latest 'Article' or Got Cracked Again and Restored From Outdated Backup Again
BetaNews seems to be in some serious trouble right now
Software Freedom is "Activism" Because the Corporate Agenda Revolves Around Bribery, Deceit, and Betrayal
At the end Software Freedom will win because it's on the same side as truth and lawfulness
The EPO, Europe's Largest Patent Office, Admits Outsourcing to Microsoft Slop
Their sole goal is to make more money
Links 16/06/2025: EchoLeak and NASA Teaming up With India
Links for the day
The Better the Understanding or the More Nations Understand the Threat Posed by Microsoft, the Faster It'll be Eradicated
We believe that the thing to advocate is self-hosting and Free software... A lack of simplicity or absence of alternatives is a form of vendor lock-in
A Week of Sunlight
They say transparency is like sunlight to a vampire
"Linux" Sites That Went Astray
there are even worse things than shutdowns
Links 16/06/2025: Climate, Wildfires, Breaches, and Monopolies
Links for the day
Links 16/06/2025: Summer in Finland and Misunderstandings
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 15, 2025
IRC logs for Sunday, June 15, 2025