Bonum Certa Men Certa

Justice Still Elusive at the EPO and ILOAT, But a Glimmer of Hope Remains

Published hours ago:

125th Session ILOAT



Summary: The EPO can offer justice neither to staff nor users; whether the International Labour Organization (ILO) and its Administrative Tribunal (ILOAT) can make up for this remains to be seen

PRESIDENT Battistelli will leave the EPO in 5 months, but the damage he has done is truly incredible. His actions not only damaged patents but also staff; it's no wonder the EPO now suffers brain drain and is unable to recruit the type of people it used to. The EPO may never recover from this. Some insiders even wonder aloud if there's a future for the EPO at all.



"You must improve the image of the EPO," I told the EPO in response to this tweet yesterday. "Otherwise you turn off potential users..."

"Over the past few months we have been attempting to show to ILO material about the EPO refusing to obey ILOAT rulings. Guy Ryder too was copied in."It is hardly surprising that, based on a JUVE survey, Battistelli has a 0% approval rate not only among EPO staff but also among EPO users (that's what they call stakeholders such as applicants). A lot of money is being invested in this (for small businesses it can be the lion's share of their budget).

Over the past few months we have been attempting to show to ILO material about the EPO refusing to obey ILOAT rulings. Guy Ryder too was copied in.

Does ILO realise that its reputation too is on the line? For failing to properly remediate?

"Our understanding is that some of these rulings were about EPO staff representatives."Yesterday was the 125th session of ILOAT and the decisions were not uploaded/published until late in the day. There is no video of this latest session, either (at least not yet, it would be listed here if/once it's ready).

Our understanding is that some of these rulings were about EPO staff representatives. The appellants typically request anonymity and are thus reduced to initials. We kindly ask if anyone with contacts at the EPO can help explain to us what happened at ILO yesterday afternoon. We need to properly know the cases in order to comment on them (few decisions we took a glimpse at were dismissals of appeal) because sometimes a negative decision or deferral is actually a positive thing, as we saw 2 years ago.

"We can expect that with the declining quality of patent examination (inevitable under Battistelli for several reasons) it may become a growing concern and will result in many decisions being overturned (or patents invalidated)."It would not be the first time we say that if EPO management cannot properly deal with justice for its own staff, it won't be able to assure justice for users. 8 days ago the CRISPR industry [sic] suffered a major blow after it had been promised -- in vain -- that CRISPR patents would be considered patent-eligible. There's a long discussion about the technical aspects of the refusal over at IP Kat. "I must also say that I love how US practitioners often think that everybody but them misunderstands the Paris Convention. That often gets a few laughs in proceedings before the EPO," wrote one person yesterday.

More on patent justice w.r.t. the Paris Convention:

More thoughts. Deep inside the USA, it is not just First to File and the importance of the Paris Convention that is less than fully understood.

Investors in the USA suppose that litigation is a lottery but that their man will win provided that i) his pocket is deep enough and ii) the jury does not come to the idea that he is a Bad Guy. Quality at the patent drafting stage is seen as a secondary matter, less "sophisticated" than litigation, less valuable.

Further, Americans always suppose that nothing is decided till everything is decided, namely at trial (ie Oral Proceedings).

Yet further, Americans always suppose that once a patent issues, its validity is, in practice, unassailable.

As to the pace of the proceedings on this European patent thus far, note that the B1 issued just 9 months after EPO national phase entry.

More haste, less speed?


Priorities are the main topic of debate there and Isobel Finnie from Haseltine Lake LLP has just published this short article about the "CRISPR Patent Wars". To quote:

In this case the patentee was unable to demonstrate that at the filing date of EP2771468 the named applicants were the true successors in title to all of the applicants of the 12 earlier US patent applications. One of the problems raised was that an inventor/applicant (Luciano Marrafini) named on some of the earlier US applications was not named as an applicant and nor was the institute he worked for (Rockefeller University). It is interesting to note that in the US the Broad Institute and the Rockefeller University were wrangling over whether this person should or should not be named as an inventor. A further problem raised with the priority claim was that some of the inventors had only assigned their rights to applicants named on filing EP2771468 after its filing date.


IAM has meanwhile published a sponsored piece for a Turkish perspective on "double patenting" at the EPO. We can expect that with the declining quality of patent examination (inevitable under Battistelli for several reasons) it may become a growing concern and will result in many decisions being overturned (or patents invalidated). Is this certainty? Is this justice?

Recent Techrights' Posts

SLAPP Censorship - Part 189 Out of 200: A Terrible Idea to Condemn Projects for Using Slop 'Code' When Your Own Employer Does This (and Profits From Every Company Doing So) or to Call Distros 'Not Secure' While You Advance Back Doors
"I don’t want a back door. I want a front door."
 
Links 19/09/2026: Many Patents Become Candidates for Annulment and Linux [sic] Foundation Takes More Slop Money to Promote Malicious Bots
Links for the day
Gemini Links 19/09/2026: The Fundamental Human Assets, The History of Gopher's "i" Type, and ROOPHLOCH 2026
Links for the day
Links 19/09/2026: "OpenAI and Microsoft Knew They Were Starting a ‘Doom Loop’ [of Mass Plagiarism 'Normalised' by Brute Force] for the web", Calling It "Hey Hi"
Links for the day
8 Series Going on at the Moment in Techrights
4 series about SLAPPs and related matters
Linux Kernel Becoming a Slopfest - Part 4 - Outsourcing to Microsoft, Approaching 10 Gigabytes
Can we blame Microsoft for those DDoS attacks? Partly.
Software Freedom Day 2026 is Today, Week-long Celebration in Brazil
In Brazil, Clownflare reckons about 1 in 20 laptops/desktops might use GNU/Linux already
Red Hat Lost 2,000 Staff (Net Loss)
Maybe by year's end it'll be a 20% reduction
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 18, 2026
IRC logs for Friday, September 18, 2026
Gemini Links 18/09/2026: Setting Goals, Tiredness, and Admissions From LLM Purveyors It Was All Along About Building Plagiarism Engines Sold as "Intelligence"
Links for the day
Links 18/09/2026: Microsoft Boasted Slop is Just Copyright Infringement/Plagiarism, Floods in Europe
Links for the day
Slop Ruins Development and Reverse Engineering, It Rewards Retarded "Slop Kiddies" (to Quote Andy ‘TheFlow0’ Nguyen)
Slop is just a fatal cancer that kills the body, then dies with the body it killed
Internet Relay Chat (IRC) and Mailing Lists Are Still Better Than Discord, Slack, and Discourse
Discourse is "open" "bossware"
Links 18/09/2026: Disgust Over LLMs and Why "Agents" (Bots) Are Nothing More Than "Spam"
Links for the day
Software Freedom Day is Tomorrow
events coming
Illegal and Unconstitutional Tribunal That SLAPPs Critics Does the Illegal and Unconstitutional: It "Rubberstamps Software Patents"
This is not a legal system. This is mafia.
Privilege in 'Linux' Foundation (Double Standards) and What the FSF Should Avoid Doing
If RMS can talk about politics, others too should be able to talk about politics
Seems Like Many Microsoft Layoffs Are Going On Right Now (Forever Layoffs)
Like IBM, Microsoft hopes shareholders will not know of morale and financial problems
More Threats From the Person of Restricted Boot Infamy
Remember this is the man who is the principal purveyor of restricted boot and who landed restricted boot in Linux
Snooping EPO Management, Sniffing Up Every Staff Action
It this a problem for whistleblowers? Of course.
Don't Do That
Options do exist. People should exercise freedom.
Iran Has Debunked GAFAM and Cloud Computing as Safety of Data
Cloud of smoke?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 17, 2026
IRC logs for Thursday, September 17, 2026
SLAPP Censorship - Part 188 Out of 200: Used, Then Discarded, by Microsoft (as We Predicted All Along, It's Always Like That)
The longer they carry on with it, the more scandalous this will get
Linux Kernel Becoming a Slopfest - Part 3 - Besieged by LLM Bots, Now Hiding Behind a Wall of JavaScript
The series began 3 days ago
Gemini Links 18/09/2026: Modern Linguistic, Boxing, Turning 40, and Solar MiniServer
Links for the day
Links 17/09/2026: Studio Closures and Negative Rumours About Microsoft XBox Again
Links for the day
What's Wrong with Microsoft's GitHub, New Article by Jacob Bachmeyer and Richard Stallman
licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License
EBay is Going to Die Soon
Users will flee
Red Hat PIPs. The Only Question is, How Many?
Insiders know what's coming soon
This Week The Register MS Published a Page With "AI" 34 Times in It and It Was, as Usual, Paid SPAM!
Does The Register MS understand that it is doing harm to its audience (for temporary gains)?
43rd Anniversary of the GNU Project Announcement
Coming soon
General Assembly (Meeting of All Staff) Starts in Hour Ago to Discuss Strikes at Europe's Second-Largest Institution (EPO), Strikes to Last Until End of 2026 (If Not Further)
The media absolutely does not cover this and that's intentional
SLAPP Censorship - Part 187 Out of 200: Reminding Ourselves of the Great Damage Garrett Did to Linux (for Microsoft)
he rejects freedom
Cancel Culture is a Cancer That Harms Democracy, Justice, and Science. It's Designed to Help Corporations Vanish Their Critics.
"Codes of Conduct" sounds benign; in practice, however, it is not
Links 17/09/2026: Class Action Lawsuit Over GAFAM's "NameTag" and Automattic Hides What It Did to CEO Mullenweg (or Why)
Links for the day
Gemini Links 17/09/2026: Google Signals the End, ROOPHLOCH Coverage, EBay Uses Offensive Bots to Falsely Accuse Users of Stuff
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 16, 2026
IRC logs for Wednesday, September 16, 2026