Bonum Certa Men Certa

The European Patent Office Has Become a Kakistocracy

Team Battistelli fits the definition almost perfectly

Kakistocracy



Summary: Nowadays, under Benoît Battistelli, the worth of human life and human rights may seem far too low at the EPO; for a change, however, citing the European Patent Convention (EPC), EPO staff rejects a key patent, so there's still a power struggle between competent people and people who misuse/sabotage the Office for personal gain

THE European Patent Office (EPO) keeps wrestling with patent quality, which management is trying to squash, whereas examiners try to insist on (at risk of being laid off for such insistence if not resistance).



High patent quality is the enemy of patent maximalists, such as patent law firms. They profit from a large pool of patents and lawsuits, including frivolous ones. They could not care less if money is drained out of the economy because that money typically lands in their pockets. This is why they are pushing so hard for the UPC -- a subject we shall revisit in our next post.

"High patent quality is the enemy of patent maximalists, such as patent law firms."We recently wrote about Finnegan (together with IAM) promoting patents on life/nature. Finnegan is one of the largest patent law firms out there (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP). Yesterday it wrote about Amgen [1, 2, 3] -- an envelope which no doubt it's willing to push for its large clients, such as pharmaceutical giants. Sanya Sukduang and Thomas J. Sullivan did this so-called 'podcast', which they preceded with the following text (a case we covered here several times before): "In June 2017, the Supreme Court announced its decisions in Sandoz v. Amgen and Amgen v. Sandoz – cases that examined how makers of biosimilars and branded biologic drugs bring products to market. At issue was the so-called "patent dance," a complex series of disclosures between biosimilar makers and the manufacturers of branded versions. In its decision, the Court left it up to states to decide whether to enforce the patent dance and how."

This case concerns the US patent system, but there's an analogous dispute in Europe over biosimilars. What's at stake is the worth of human life, e.g. access to medicine. Given that the EPO already grants abstract patents on mathematics, why not patents on life/nature as well?

According to an article we saw yesterday, "EpiPen patent [got] revoked in Europe". Life Sciences Intellectual Property Review wrote:

The European Patent Office (EPO) has revoked a patent covering Mylan’s EpiPen (epinephrine) injector after finding that patent amendments contravened the European Patent Convention (EPC).

ALK-Abello, a Denmark-based pharmaceutical company that makes the Jext injector, and Merck had opposed European patent number EP1,786,491 in November 2016.

The patent is owned by Meridian Medical Technologies, a subsidiary of Pfizer and the manufacturer of EpiPens for Mylan.

LSIPR previously reported on the battleground for the patent opposition.


Might the USPTO follow suit? Maybe PTAB will be petitioned some day? The behaviour of the maker of EpiPen still makes headlines in the US (quite a few even yesterday). EpiPen losing its 'teeth' at the EPO is a good sign. It shows that at least some parts of the Office (e.g. Oppositions, which recently shot down a CRISPR patent) still manage to function. But for how much longer? And to what extent? As we said yesterday, only about 4% of granted patents are opposed (not because the remaining 96% are OK). And as we have seen before, those who stand in the way of patent maximalists like Battistelli tend to be punished somehow. It's not like there are legal safeguards against such retribution tactics.

As Märpel noted yesterday, there are "No human rights." To quote a portion of this latest post:

This message from the President of the European Court of Human Rights himself is of the utmost importance to the staff of the EPO as the European Court of Human Rights was perceived of the only way to reform a dysfunctional justice system: member states should not be able to create an organisation where basic human rights are not respected and access to a functional justice system is a basic human right. Märpel understands that there are pending cases involving the EPO at the European Court of Human Rights.

What Guido Raimondi basically said is that all these cases shall be lost. Human rights at the EPO are good enough or, more precisely, the need of international organizations for immunity and an independent justice system is more important than the breeches suffered by their staff.

SUEPO notes that Between May 2003 and May 2010, Guido Raimondi worked at the International Labour Office (ILO) as a Deputy Legal Adviser and Legal Adviser of the Organization. Doesn't this cast doubts on his independence and fairness? The article of Guido Raimondi on the case law of the European Court of Human Rights on international Civil Service law is below. English translation from SUEPO.


As we said yesterday, one legitimate concern is that EPO examiners no longer have the courage to oppose bad patents, except anonymously (i.e. not in their professional capacity). A terrorising administration made it this way. This would not only cost Europe a lot of money (several times the aggregate revenue of the EPO) but it would also cost lives. The former Chief Economist of the EPO publicly warned about this. Battistelli replaced him with some Frenchman who keeps talking a lot of nonsense in the latest Gazette (I was personally astounded by how shallow and boorish his articles/puff pieces were). The EPO has truly become a kakistocracy.

Recent Techrights' Posts

Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
 
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role