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

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."
 
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