Bonum Certa Men Certa

There's No Administrative Council at the EPO Anymore. It's Like a Stamping 'Department' of the Office and the Same Goes for the Boards of Appeal.

The Organisation/Administrative Council is subservient to the agenda of the "Colgate smile" Frenchman, whom Battistelli gave the throne to

Jesper Kongstad and Battistelli working together



Summary: The European Patent Convention and the EU Bio-Directive are still being violated by the Office, which uses the Council like a paper tissue or a napkin, asserting it can rubber-stamp just about any patent application on anything under the sun

THE European Patent Organisation (EPO) and Office are almost indistinguisable, as the head of the Organisation recently became the deputy of the Office's head, António Campinos. So we're back in the rather appalling position that Jesper Kongstad and Battistell created nearly a decade ago. Nothing has changed. There's no oversight; it is more like a collusion. The Boards of Appeal feel the same way as they too are indirectly bossed by the Office, which in turn controls the Council -- the very opposite of what authors of the European Patent Convention (EPC) intended.



The 159th meeting of the Administrative Council is over and the EPO wrote this nonsense (warning: epo.org link) late on Friday, as usual: (when media isn't paying much attention)

In the 159th meeting of the Administrative Council, the representatives of the 38 EPO Contracting States together with the European Patent Office discussed the need to find a solution in the short term following the decision T 1063/18.

The Contracting States expressed their concerns with regard to the legal uncertainty caused by decision T 1063/18. The President of the EPO expressed his view that a President's referral of the case to the Enlarged Board of Appeal is justified and necessary. The aim is to obtain an opinion from the Enlarged Board of Appeal on the patentability of plants exclusively obtained by essentially biological processes, hereby considering recent legal developments (interpretations and statements of the European Commission, the EU Council, European Parliament and EPO's Administrative Council on the interpretation of the European Patent Convention and the EU Bio-Directive, all of them concluding that there should be no patentability in these cases).


The EPO already received very clear instructions from European authorities; it must stop doing this. But the EPO, an above-the-law rogue institution, still pretends not to understand that patents on life and nature are not legal. Anything to fake numbers, fabricate monopolies, rob Europe etc.

Who will decides? A court controlled by corrupt EPO management. It should not be untrusted to deal with such important questions. The judges themselves complain they cannot rule impartially.

So far we have seen two puff pieces about it. The first came from IPPro Magazine's Ben Wodecki, who is still a megaphone of EPO management (unlike his colleague, Barney). "EPO president’s referral on plant patent crisis is ‘justified and necessary’" is the title/headline, parroting what the EPO said without a single critic or criticism. To quote:

European Patent Office (EPO) president António Campinos has said that a president’s referral on a board of appeals case regarding the patentability of conventionally bred plants and animals is justified and necessary.

Following a meeting of the office’s Administrative Council, representatives expressed concerns to Campinos over the legal uncertainty caused by a Board of Appeal ruling in the revocation of a pepper plant.

The case in dispute is T1063/18, in which Agrochemical company Syngenta appealed a denial of its patent application for a pepper plant.

Focus on the EPO in recent months has overwhelmingly revolved around the granting of patents covering conventionally bred plants and animals.


Where are the critics of this? Nowhere.

Then came "Kluwer Patent blogger", a pseudonym of patent extremists who look to make money from lots of patent lawsuits/litigation in Europe (without them being identified). This is what was written (or copy pasted rather):

‘The aim is to obtain an opinion (…) on the patentability of plants exclusively obtained by essentially biological processes, hereby considering recent legal developments (interpretations and statements of the European Commission, the EU Council, European Parliament and EPO’s Administrative Council on the interpretation of the European Patent Convention and the EU Bio-Directive, all of them concluding that there should be no patentability in these cases).’

According to the press release, Campinos announced that the EPO ‘will proceed swiftly to submit the referral. The EPO endeavours to restore legal certainty fully and speedily in the interest of the users of the European patent system and the general public.’

As reported earlier on this blog, an EPO Board of Appeal decided on 5 December 2018 that plants which are produced according to essentially biological processes need to be held patentable, despite EPO Guidelines which were introduced in 2017 to exclude them from patentability.


So here ends another meeting of the Office (monarchy), dressed up as "Council"; its key item on the agenda is bypassing or overriding the European Patent Convention and the EU Bio-Directive.

Recent Techrights' Posts

Rust's "Memory Safety" Talking Point Ought to be Discarded in Light of Fil-C
new memory-safe C/C++ compiler
IBM May Well Be Laying Off Over 13,500 and Up to 27,000 Staff This Week When It Says "Single-Digit Percentage of Our Global Workforce"
It's not yet possible to know how many people IBM gets rid of
Early Unverified Figures About Scale of Latest IBM Layoffs
the real scale of the RAs will remain elusive
How Techrights Search Works
Hopefully bots won't use it
 
All Set for Tomorrow
Techrights waves
The Corporate Media Carries on With Patently Phony and Misleading Narrative About IBM's Mass Layoffs
Instead of rightly alleging business failure or commercial (leadership's) weakness it is offloading blame to some mindless buzzwords
IBM Isn't Hiring Based on Age Groups. It Still Hires Based on Salary Expectations.
It is not about the skills available, it's about the expected cost of labour
Estimating the Scale of IBM's Mass Layoffs This Week
there is no denying that the IBM layoffs are vast
Telling Our Story as Victims of Online Abuse
This post will not mention any names
Claim That EPO Quotas Brought Corruption and Mischief to Europe's Second-Largest Institution
Nowadays corruption is the norm at the EPO and there is even rampant substance abuse among the people who run the Office
Claim That IBM Has Another 8 Days to Lay Off 'Expensive' Staff
The consensus in comments we see is, IBM is a terrible place to work in, treatment of its workers is appalling, it's utterly foolish to relocate in an effort to retain a job at IBM, and it's foolish to join the company in the first place
Science Demands Facts, Not Dogma
Saying that restricted hardware is not secure hardware should be common sense
Site Anniversary is Tomorrow
The celebrations might delay our EPO series somewhat
Launching Techrights Search
New search interface and locally hosted back end
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 05, 2025
IRC logs for Wednesday, November 05, 2025
Slopwatch: linuxbsdos.com, Linux Journal, LinuxSecurity, Brian Fagioli, and WebProNews
Either Google doesn't care about the integrity of Google News or it deems slop to be acceptable
Gemini Links 05/11/2025: Affirmation, GnuPG, and While Loops
Links for the day
Links 05/11/2025: Economic Trouble in France and US Bombing All Over the World Without Declaration of War or Congress Approving
Links for the day
Red Hat Staff Also Impacted by Latest IBM Layoffs With Focus on North America and Software, Infrastructure
After the bluewashing never expect to see news about "Red Hat layoffs", just as "Tivoli layoffs" aren't to be expected
Coming Soon: Part 4 About the EPO's Substance Abuse (Breaking Laws to Fake 'Production' and Profiting From Unlawful Monopolies)
Notice how quiet the EPO's management has been lately
For the Record: We Never Named Staff of the Law Firm That's Attacking Us, Except the One the Firm is Named After!
Just to affirm and be sure, I've used our new search facility
Techrights Became a Lot More Productive as a Result of Attacks on It
By default, it's safe to assume anything on the Web is garbage, especially in social control media
Unverified Rumours: IBM Cuts Will Continue Another ~10 Days, Managers Will Invite Those Impacted for 1-on-1 Meetings
Right now IBM likes diversity because with adoption of low-paid demographies it gets to pay workers less for the same work
Links 05/11/2025: Medicare Privatisation and "Breaker Box Economy"
Links for the day
Techrights Search Will Come Early
Maybe tomorrow
It Seems Like GNOME/IBM Don't Like Women and When Budget is Limited Only Women Take the Fall
Seems like a very patriarchal, GAFAM-controlled Foundation
"Last Day" as in "IBM Sacked Me" (Cruel Euphemisms)
"The entire design and research technical leadership at IBM was laid off in the past year, including this round"
analytics.usa.gov: Vista 11 Scarcely Used, GNU/Linux Increasingly Dominant (Microsoft Loses "Goodwill", Depletes Cash Equivalents, and Debt Soars)
"Total current assets" fell by more than 2 billion dollars in the past 3 months
Shadow Crew and Ads Disguised as Articles
That The Register MS runs articles that are paid-for fluff isn't unprecedented
Vista 11 "Market Share" Has Fallen This Month, Based on statCounter
The US government's own data shows the same thing this month
This is How Mainstream Media, Boosted or Parroted by Slopfarms, Spins IBM's Commercial Failure and Mass Layoffs as "AI"
Some say "software focus", but most just resort to buzzwords and blame-shifting hype
Resisting Misogynists
Rianne has already added close to 100,000 pages to this site
Starting November on a Strong Note
All in all, this month started well for us as we have good, accurate publications with considerable impact
Fake Retirements Help IBM Keep the Layoff Figures Down
Yesterday we read that it was quite cruel how IBM (or Red Hat) compelled staff to pretend to be happily leaving or "retiring" when the reality was, they had been pushed out with some "package"
Cocaine at the European Patent Office Now a Subject in YouTube, Media Will Revisit the Topic
"The Cocaine Patent Office" is no joking matter
Gemini Links 05/11/2025: "Wuthering Heights" and "Winter is Coming"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 04, 2025
IRC logs for Tuesday, November 04, 2025
2 Days Until Site Anniversary Party, Search Likely to Launch Same Day
We're now just two days away from the nineteenth anniversary of the site
Not Only Mass Layoffs at IBM But Complete Shutdowns "Amid A.I. Boom"
apparently about 10,000 layoffs, not counting those who got pushed out by PIPs and other means
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat