Bonum Certa Men Certa

EPO Roundup: Low Profile, Employment Changes, Patent Trolls, Refusal to Obey Courts, and Animal Breeding Patents

Breeding patents back on the agenda

Breeding



Summary: A few recent developments and observations regarding the European Patent Office (EPO), which is in a volatile state and is making no public statement about the future of staff ('canteen talk' now revolves around alleged deep cuts to staffing)

THE EPO has made no announcements for quite a while. Low profile seem to have generally been kept so far this year. We've hypothesised about the reasons for this, but these are merely hypotheses. We can recall days (or months) when the EPO made plenty of controversial statements, but nowadays both the site and the accounts (of the EPO) say nothing of great importance. Yesterday the EPO spoke about “intellectual property & patents,” which is an odd way to frame things. "It’s misleading to say" that, I told them, "because the former is a propaganda term, the latter a law which is typically put under this umbrella that’s a propaganda term. It’s not a property."

Unlike the USPTO, the EPO does not deal with anything but patents (the "T" in USPTO stands for trademarks). It's important to separate all these things and not refer to them collectively using terms like "IP", which perpetuates old falsehoods. Speaking of which, there's that old canard about "innovation" in yesterday's news from the US. Real "invention" isn't to be measured in terms of patents, but the article "Washington state stakes its claim as a bastion for invention" would have us believe otherwise. To quote:

Washington was home to 2,220 inventors in 2017 (29.98 per capita), behind New York's 2,290, Texas' 3,007 and California's 10,009, according to U.S. Patent and Trademark Office data.


This has a lot to do with where large corporations are based, not with inherent spark for inventorship. We'll revisit this topic later in the weekend. We intend to write a lot about the US.

It has meanwhile been reported in news sites that, just as we noted the day before, a Battistelli proposal had been watered down. To quote:

A proposal to scrap permanent employment contracts at the European Patent Office (EPO) has been halted and a controversial article within it withdrawn, a source close to the Staff Union of the EPO (SUEPO) has confirmed.

The original proposals were aimed at the “modernisation of the employment framework of the EPO” and would ensure its “long-term sustainability” and allow for a more “flexible management of the EPO’s workforce”.

[...]

According to the CSC, it would apply to all staff, including current permanent employees of the EPO, and gives the office the power to terminate the service of staff without any safeguards.

The source said that the CSC’s letter was a driving force in the withdrawal of article 53(f).


Additionally, there's this new article about the ascent of patent trolls in Europe -- based on a study that the patent trolls' lobby immediately attacked (within hours of publication). To quote:

Furthermore, according to the study, patents being asserted or owned by NPEs in Europe are more often successfully invalidated than those patents being asserted or owned by non NPEs. The study also shows that Germany is oftentimes the battleground for such litigation. Here, a defendant in a patent infringement case cannot bring a counterclaim for invalidity but has to attack the validity of the asserted patent in a different forum. This usually means either starting an opposition procedure, most often before the European Patent Office, or filing a nullity action with the German Federal Patent Court. In the latter case, the infringement case will usually have already been decided on – and the decision potentially been enforced – before the validity case is ruled on.


Last but not least, another law firm (Moeller IP Advisors) wrote about Battesteli's latest INPI (Argentina) visit -- a subject we wrote about earlier this month. To quote:

On February 5, 2018, the European Patent Office (EPO) and the National Institute of Industrial Property of Argentina (INPI) signed a Memorandum of Understanding (MoU) on the introduction of the Cooperative Patent Classification (CPC) by INPI. The MoU was signed during a meeting held between EPO President Benoît Battistelli and Argentina's Commerce Secretary Miguel Braun in Buenos Aires to discuss recent developments in patents and innovation and the cooperation between the two regions in this field. According to the MoU, INPI will start classifying its publications with the CPC by January 2019.

The CPC, which was launched by the EPO and the USPTO in January 2013, is now considered the new global standard for refined patent classification. It is already in use, or will soon be used, by 26 patent offices around the world. Argentina has joined other Latin American countries, including Mexico, Brazil and Chile, in the adoption of the CPC.


These nations barely have any European patents (compared to Germany for instance), so it seems like another cheap publicity stunt for Battistelli, who is leaving the Office in 4 months.

Battistelli's legacy has been a very ruinous one not just for the EPO but for international bodies in general. Look no further than the latest comments at The Register. Here are some key ones (posted in the past day or so):

Given that Battistelli ignores all court judgements against him, seemingly with impunity, what will it matter how the court rules? He's taking advantage of the requirement for unanimous agreement by the EO's controlling bodies to ignore them, until he can change the rules to make himself an untouchable dictator for life.


This one he cannot ignore. If it goes against him it de-ratifies the convention which is the basis of him being in office. Additionally, if memory serves me right, one of the other cases is his (so far) successful claim that he is above German law including labour law. This once again goes against German constitution which states that the ultimate law of the land is the German law and no other law can claim supremacy. Even if the first case somehow (I do not see how) fails, the second will pretty much get him fired outright under German labour code. There and then.


I think at a certain stage, courts say "we disagree, and you've now got a prison sentance for contempt of court". And if he doesn't turn up for that, then a warrant for his arrest is issued, and he ends up with famously humourless german police arresting him and unceremouniously tossing him in the clink.


The European Patent Organisation is recognised in German law as an international organisation with immunity (like diplomatic immunity). So German labour law doesn't apply to their workers. Diplomatic immunities do not conflict with the German constitution.


Surely diplomatic immunity only works if the hosting country accept it. At any time Germany could expel him, deport him to his home country and end the diplomatic immunity formally. As an EU citizen he is probably free to re-enter the country, but with his immunity formally ended if he walked into the office and started acting as king again, there shouldn’t be anything stopping the humourless police doing their thing.



If the EPO is not subject to national laws, does that mean that employees are similarly not constrained by the law in their work? This surely means that it's legal for an EPO employee to provide lethal feedback to the management team? Maybe someone should ask Battistelli if he's sure he wants his organisation to have immunity from national laws.


Not implementing the ILO decision? I was just wondering if anyone knows whats the come back against Battesteli and the EPO for not implementing the IPO's [sic. ILO] decision? As far as I was aware when it came to labour disputes, the ILO is the be all and end all. So its not like the EPO are waiting to appeal the decision. So what is the punishment from the ILO? There has to be some stick involved otherwise firms/organisations finding themselves on the losing side of a case would just ignore the result.


Yes, ILO's reputation too is in peril now.

As one person succinctly put it:

Battistelli

The person who achieved something I would have thought impossible - giving megalomaniacs a bad name.

The repercussions of his power obsession seem to be endless.


There's also a comment on quality of patents:



*retain* confidence Europe's patent system? Get real ...

...that would imply there was such a feeling in the past ... The European patent system is broken. There are absolutely no guards left against patenting the most obvious bullshit. Patents on as-per-the-rules unpatentable things (like DNA or code) are granted without hesitation. Number of patents granted has replaced quality of examination as the number 1 requirement for examiners at the EPA. That way the EPA is effectively laying out a mine-field in the way of future innovation. Patent examiners critical of that development are pushed out of their jobs. Regaining control over the EPA is the necessary first step. Re-examining the patents granted in the last years and invalidating 90% of these would be a good second step.


It certainly seems like patents on nature are back at the EPO (even after the seeds/plant monopolies being voided along with CRISPR oppositions). From yesterday's news: "KeyGene Crop, Animal Breeding Patent Upheld in Europe"

It's mostly behind a paywall, but the publicly-available part says "KeyGene announced today the European Patent Office (EPO) has upheld one of its patents related to the improvement of phenotypic traits of plants or animals."

This kind of patent has already caused protests in Germany. Farmers aren't happy; it's akin to those Monsanto (now Bayer in Germany) patents that accomplish nothing but cementing the market for few giant corporations.

Recent Techrights' Posts

IBM May be Sued for Mass Layoffs Via PIPs
Some whole threads (with all the long comments in them) recently got nuked by thelayoff.com
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
What I Learned in London
some ministers still help us in our fight for press freedom in the UK
 
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
Falkland Islands: GNU/Linux Elevated to 6%
GNU/Linux usage seems to have increased a lot there
Links 16/08/2026: Reading Outside, Going Offline More, and Art of Computer Programming
Links for the day
The Question of Patience
Is there a lesson here somewhere?
Links 16/08/2026: Ceuta Reports Social Control Media Used as a Weapon
Links for the day
Links 16/08/2026: Europe in Crisis of Droughts While Energy- and Water-Consuming, Pollution-Emitting Chatbots Are Spread by GAFAM (US) to Keep a Ponzi Scheme Going
Links for the day
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day
At IBM, Workers 'Expire' Early ("Next Step" is 'Voluntary' Layoffs Decades Before Retirement Age)
It seems like the "new normal" is layoffs not existing or barely existing because companies hide them
EPO "Cocaine Communication Manager" - Part XVI - The German State Does Not Enforce the Law Against European Patent Office Officials
It's not acceptable that Europe's second-largest institution can get away with crime time and time again
Germany's National Broadcaster (DW English) to Air Julian Assange Film This Coming Week
It seems rather sad that we live in a world where rich thugs can get away with so many horrible things
WordPress is Bloatware and Bloated Software Guarantees Security Incidents
This site turns 20 in about 11 or 12 weeks from now and it was never cracked, not even when it ran WordPress
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Omarchy is Already Dying
Same as the life cycle of slopfarms
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026
Gemini Links 14/08/2026: Slower Internet, Logging Off Made Easy, and Human Code
Links for the day
Links 14/08/2026: "Mystery of Dark Oxygen", People Despise Slop, and Backlash Grows Against Fake Currencies (Energy-Wasting Scam Like Slop)
Links for the day
Free Publicity
They say there's no such thing as "bad press" or that every publicity is good publicity, sometimes free publicity
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026