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

Richard Stallman's Web Site Back Online, But It Seems Like a 2-Months-Old Snapshot
Latest political notes are dated July 2 (2026)
 
Gemini Links 05/09/2026: Fireflies, Shore Pine, and ASCII Art
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 04, 2026
IRC logs for Friday, September 04, 2026
The Legal Services Board (LSB) Takes on Solicitors Regulation Authority (SRA) for Utter Failures, We'll Resume Our SRA Series to Illuminate How Bad the SRA Really Is
a quick overview of the latest news
Links 04/09/2026: Notorious Patent Trolls' Judge Enters the Private Sector (Corruption, Revolving Doors), Gloria Steinem's Life in Pictures
Links for the day
Gemini Links 04/09/2026: Worries, Upgrades, and CS Students
Links for the day
SPAM Disguised as Benchmark or Comparison: The Register MS "PARTNER CONTENT" is Getting Weirder by the Month
Sites that promote fake 'coins' or pyramid schemes to their audience(s) aren't worth tolerating
PIPs at IBMs are Layoffs Because They're Impossible to Satisfy (or They Terminate Workers Despite Satisfying Them)
What insiders say
In the United Kingdom You Can No Longer Make the Assumption People Use Windows (or 'Smart' 'Phone')
As autumn arrives Microsoft faces a crisis
SLAPP Censorship - Part 171 Out of 200: Talking About Corruption and Violence Against Women
Today the Labour Party (UK) speaks about corruption
Warming Up for Investigative Journalism About the European Patent Office (EPO), Europe's Second-Largest and Probably Most Corrupt Institution in Europe
It continues to exploit diplomatic immunity for impunity
Microsoft Handing Out PIPs by the Thousands, Anxiety in GAFAM Building Up
Years ago I heard from people who pretended to be ill to avoid getting fired
BRICS in the Windows: Brazil's GNU/Linux Share (as Measured by CDN) Has Hit Highest Point in a Month
The largest Web CDN, Clownflare, sees GNU/Linux at 8.1% right now in Brazil
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day
Like Uber, Paypal's Debt Has Shot Up 2.5 Billion Dollars in 3 Months, Now the Mass Layoffs Come to India
even reducing the salaries by offshoring isn't enough to save the company
IBM Eliminating Over 20,000 IBM Workers by Year's End, Insiders Claim
the layoffs are silent
Microsoft "engineers who aren’t critical are let go" this week/month (silent layoffs)
"stack ranking"
Is Microsoft Trying to Kill What's Left of XBox by Year's End?
How many people will still bother purchasing these consoles by the end of the year?
SLAPP Censorship - Part 170 Out of 200: Downtimes
Yesterday traffic skyrocketed here
The Register MS Publishes More Word Salads Promoting "AI" Because It's Paid to Do So
Hype, name-dropping, and scaremongering
Gemini Links 03/09/2026: Google Maps, Gemini's Early History, and Suppressing Slop Plagiarists
Links for the day
Links 03/09/2026: Unsafe Skies, Thunderbird Adopts Proprietary / Vendor Lock-in Traps, "Xbox Live Down Again"
Links for the day
Growing Thirst for Free Software, the LibreOffice Edition
LibreOffice is in "high demand"
Links 03/09/2026: John Ternus Enters Apple Amid Mass Layoffs, Journalist İrem Delice Arrested
Links for the day
Stallman.org Down Due to Virtual Machines Issue, "Senior Engineers are Investigating the Issue" Since Saturday
RMS site down due to virtual machines issues upstream
Linux Foundation is Plagiarism Hub, Linux is at Risk From It
Torvalds never looked weaker and more compromised
Gemini Links 03/09/2026: Back in Japan, Another New Year, Reasons to Avoid Have a "Smart" "Phone", and Rant About Built-in Batteries
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 02, 2026
IRC logs for Wednesday, September 02, 2026