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

Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
 
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
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
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
Change of Address at the Hired Guns, Address Removed
Companies tend to alter their 'shell structure' in anticipation of major action
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 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