Bonum Certa Men Certa

Confidence in European Patents (EPs) is Eroding and Stakeholders Are Already Suffering

The number of European Patents (EPs) opposed
Image credit: James Ward and Frances Wilding, Haseltine Lake LLP



Summary: The rush to grant lots and lots of patents at the EPO is already taking its toll; quality is declining, decisions to grant are being overturned, and the already-overburdened appeal boards are unable to catch up

THE OPPOSITIONS at the EPO are soaring. People (and firms) are evidently not happy with the patents being granted and oppositions are filed at a rate the EPO might not be able to suitably keep up with.



A week ago (6 days to be exact) an opposition to a CRISPR patent was successful. We wrote about that yesterday, on Saturday, Wednesday [1, 2], Thursday and Friday. IP Kat (Rose Hughes) finally wrote about it almost one week later. Cantargia AB's press release, in our view, is still being spread amid panic over the CRISPR patent's invalidation. This is from yesterday alone [1, 2]; what seems to be their staff was in touch with us and did not deny our suspicions. All these oppositions are becoming a great risk to some companies which invested a lot of money in questionable European Patents.

Yesterday/earlier this week, probably as one might expect, the Wall Street media wrote about this also [1, 2]. Bloomberg neglected to speak to any rights groups that oppose patents on life. Pure business spin is what these articles/blogs boil down to. The author relays the 'damage control'. "Meanwhile," he wrote, "it could take a while for the appeal to wend its way through the European system, Brent Babcock, an intellectual property lawyer with Knobbe Martens in Irvine, Calif., told me in a Jan. 19 telephone call."

There's a big backlog. In order to crush the patent applications backlog Battistelli has created a massive queue at the IAC, the ILO, BoA, and Oppositions. Well done, eh? By ramming down bad European Patents down the EPO's mouth Battistelli has caused enormous and possibly irreversible damage. Had patent examination been done thoroughly and patiently, maybe Broad wouldn't have been granted the CRISPR patent in the first place. Now see this comment (first one at IP Kat) from "The Convention watchdog":

The reason for the "early" end of the oral proceedings was not that the priority question was not sufficiently discussed. On the contrary, the discussion covered all aspects brought forward by the parties and based on numerous legal expert opinions. Rather, a discussion on novelty and inventive step did not take place as expected, since the proprietor submitted new claim requests which the Opposition Division did not admit into the proceedings. As to the substance of the priority question, one may mention that the problem is not so much the general difference between US and EP law, but the difference between US law on internal priorities and the law of the Paris Convention on priorities.


Had more time been given for examiners, would such a disaster have been averted? Here is another comment:

The Broad Institute proclaims themselves confident that “the EPO will, on appeal, harmonize the EPO procedures to be consistent with international treaties and compatible with the fundamental principles of the Paris Convention”.

The EPO may follow the PCT rules and articles, but the PCT has so many "if national laws allow", "if not contravening national law", that it is obvious that the national law stands above the PCT. And the EPO has not signed other international treaties, and will therefore not be bound by them, EVEN IF every single member state has signed and ratified that treaty. As many articles about the EPO confirm, the EPOrg and the EPOff have little interest in international treaties, international standards, or complying with generally acknowledged principles of law, if there is no clear indication within the EPC to do so.

I see this statement and the filing of the appeal as a try to keep at least something of the cake, and a try to tell imvestors that not everything is lost, and that they please do not sell the shares yet.


Broad is now suffering because a patent that should not have been granted was in fact granted, giving investors false hopes and unrealistic expectations. Now there may be years of uncertainty.

What does all this make the EPO look like? What happens to the certainty associated with patents that EPO examiners used to grant (before the so-called 'reforms')?

Recent Techrights' Posts

People's Understanding of the History of GNU/Linux is Changing
RMS is not a radical, he's just clever enough to see and foresee what's going on
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
[Video] Cory Doctorow Explains DMCA: DRM in the Browser (or Webapp) Will "Make It a Felony to Protect Your Privacy While You Use It."
Pycon US Keynote Speaker Cory Doctorow
 
Microsoft Layoffs Again in Bay Area
Microsoft relies on people's false belief that being "in LinkedIn" will get you a job; well, seems like even working inside LinkedIn really sucks and you lose the job
Gemini Links 30/05/2025: Fighting Against the Bad News, and Slop is Dehumanisation Disguised as "Intelligence"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 29, 2025
IRC logs for Thursday, May 29, 2025
Links 29/05/2025: Chinese Cracking Against EU Institutions (Prague), More Assaults on Media and Its Funding Sources
Links for the day
EPO Workers Caution That the Officials Are Still Illegally Trying to Replace Staff With Slop (to Lower Quality and Validity of European Patents)
Nobody in Europe voted for any of this
Links 29/05/2025: US Health Deficit and Malware Disguised as Slop Generator
Links for the day
Links 29/05/2025: Turtle Roadkill, Modern 'Tech' as a Sting
Links for the day
Thanks for All the Fish, Linux Format
people who once wrote for it (or for other magazines) comment on the importance of this news
Links 29/05/2025: YouTube Problem and Giant Privacy Hole in Microsoft OneDrive
Links for the day
United States Courts With Sworn Testimonies Are on Our Side, We'll Present the Same Here
Chronicling what happened is a moral imperative
Serial Sloppers Ruin and Lessen the Incentive to Cover "Linux"
The Serial Sloppers (SSs) ought to be named and shamed, but almost nobody does this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 28, 2025
IRC logs for Wednesday, May 28, 2025
Links 28/05/2025: 'Emulation Layers' (Measurements and Linguistics), Libraries, and Discomfort
Links for the day
Links 28/05/2025: More Arrests for Bitcoin-Connected Torture and Prosecutions for Dieselgate-Linked Executives
Links for the day
Even Microsoft (MSN) Covers Richard Stallman's Public Talk in Milan 2 Days Ago
He spoke in Spanish earlier this month (Alicante)
Gemini Links 28/05/2025: Techo-authoritarianism With Slop Plagiarism and "No Online June" (Going Offline)
Links for the day
Links 28/05/2025: GitHub MCP Exploited and MathWorks Discovers Huge Windows TCO
Links for the day
Very High Attendance Level at Richard Stallman's Talk Shows People Can Relate to His Message
Smear campaigns have their limits
Gemini Links 28/05/2025: Celsius-Fahrenheit, Endless Scrolling/Infinite Scrolling, and Trapping LLM Slop Bots
Links for the day
Prison gate backdrop to baptism by Fr Sean O'Connell, St Paul's, Coburg
Reprinted with permission from Daniel Pocock
More Photos From This Week's Milan Talk by Richard Stallman
The posts are in Italian, not English
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 27, 2025
IRC logs for Tuesday, May 27, 2025