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

Representing and Speaking for Animals
If I ever choose to take this matter to tribunal with animals-centric NGOs on my side, it'll get some press coverage for sure
Slopwatch: Fake Articles About "Linux", Slop Images in VentureBeat, Linux Foundation Spam Made With LLM Slop and Slop Images
The only relief or upside - if any exists - is that the pace of slop was down a bit this week
Richard Stallman (RMS) Talk in Ethereum Cypherpunk Congress Will be Remote
This past week RMS received lots of accolades online
Links 28/08/2025: Chatbots Distorting/Fabricating History and Also Driving Suicide
Links for the day
 
Links 29/08/2025: Arti 1.5.0, War on Public Health (CDC), and Slop 'Bros' Made to Pay for Their Mass Plagiarism
Links for the day
No, 4Chan is Not Fighting for You by Lawyering Up Against Ofcom (UK)
Don't mistake proto-fascists for people who "fight for you". They don't.
Downlplaying the Impact of "UEFI 9/11" is a Losing Strategy
we won't publish much whilst on holiday
In Many Places in the World Vista 11 "Market Share" is Going Down, Not Up
In some countries Windows is already down to third place or lower
More Microsoft-Connected Layoffs, at Least Third Time This Month! (Also Another Death on Campus)
Microsoft as a "gaming" company is where studios, projects, games, and even developers come to die
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 28, 2025
IRC logs for Thursday, August 28, 2025
Gemini Links 29/08/2025: Poems, Games, and Java 25 Performance
Links for the day
Links 28/08/2025: Greenland 'Interferences' by US and Skinnerboxes to Get Banned in Korean Schools
Links for the day
The Register MS (Run by Microsoft Operatives): Free Software is Putin, Hence Evil and Dangerous
The current editor in chief is an American Microsofter, the previous one went to work for Google (US)
Gemini Links 28/08/2025: Back in Japan and Why "Hacker News" Sucks
Links for the day
A Much-Needed Wake-up Call to Users of Wordpress.com, Blogspot, Substack and All Those Other Outsourced (and Centralised) Platforms
There are several lessons in there
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
Open Source Initiative (OSI) Resists Software Freedom, Even by Attacking Its Own
The OSI is compromised
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 27, 2025
IRC logs for Wednesday, August 27, 2025
Slopwatch: linuxsecurity.com, Slopfarms in Google News, and More
Some readers of ours end up sending us links that are from slopfarms, not realising those are slopfarms
Gemini Links 27/08/2025: Katrina Memories and Google Versus Software Freedom
Links for the day
Links 27/08/2025: Police Against Media Freedom in the UK, Energy-Hungry Countries Targeted by China
Links for the day
Microsoft Windows Fell to All-Time Lows in Egypt This Summer, Vista 11 Adoption Decreases While GNU/Linux Increases
Vista 11 is going down rather than up
Links 27/08/2025: Microsoft Demoralises Staff With Slop Demands, Leaving Mastodon Explained
Links for the day
12 Hours Ago The Register MS Published a Fake (Paid-for) Article, But This One for a Change Did Not Promote a Ponzi Scheme
There are also Free software alternatives, but they don't pay The Register MS for "synthetic" so-called 'journalism'
More People Need to Call Out and Put a Stop to Serial Sloppers
Unless slopfarms are stopped, people will read and share Microsoft propaganda made by chatbots
Gemini Links 27/08/2025: Headphones and Tartarus
Links for the day
Morale at Microsoft is Terrible (Proprietary Plagiarism Machines Have No Future, LLM Slop is a Bubble)
The slop sceptics/critics are going to have lots of "told you so" moments
GNOME "governance issues, staff reduction, etc." amidst Albanian whistleblowing and women trafficking
Notice the connection to Software Freedom Conservancy (SFC) and GNOME
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 26, 2025
IRC logs for Tuesday, August 26, 2025