Bonum Certa Men Certa

EPO Cannot Handle Patent Justice With a Backlog of About 10,000 Cases at the Boards of Appeal

Recent: Index: G 2/19 (Enlarged Board of Appeal, EPO)

EPO toons



Summary: The EPO's long war on judges and on the law has proven to be costly; it's difficult to pretend that the EPO functions like a first-world legal framework

ABOUT one year ago the European Patent Office (EPO) had about 9,000 impending cases after Battistelli had attacked and understaffed the appeal boards for a number of years. António Campinos obviously did nothing to tackle this issue. Some of these cases, including an imminent one regarding computer simulation, concern software patents in Europe. Several months ago a blogger from Kluwer Patent Blog took note of that staggering number. The EPO management's attack on its judges has resulted in an unbelievable backlog in the 'justice' faculties/departments. What good is justice that can take like a decade to arrive? It may be irrelevant by the time it's 'reached'. Similar issues exist at ILO-AT.



"What good is justice that can take like a decade to arrive? It may be irrelevant by the time it's 'reached'."Just promoted via Lexology was last week's article from a law firm, revealing that 'acceleration' is possible in particular cases (like PPH or PACE). To quote:

Appeal proceedings at the European Patent Office (EPO) typically last in excess of three years, but can last significantly longer (according to the 2017 Annual Report of the Boards of Appeal, technical appeal proceedings lasted 38 months on average, but some cases had been pending for eight years). With this long duration of proceedings, it is no surprise that there is a substantial backlog of pending cases (over 9,000 at the end of 2018, according to the 2018 Annual Report of the Boards of Appeal).

[...]

Requests for accelerated processing of an appeal should be filed with the competent Board of Appeal, and may be filed at the beginning of or during appeal proceedings. Such requests should specify the reasons for urgency, and be submitted with documents that support this reasoning. There is no official form for requesting accelerated processing of an appeal.


Preparing for such a request takes time and money. Given what we saw in the past (EPO leaks), this may discriminate based on size, connections, and money.

"Thankfully, the UPC is failing."This is the kind of thing Germany's FCC must look into; justice in today's EPO is mostly an illusion. It's infeasible. It used to more or less work, the Office used to more or less function. But now? Total chaos. Does one want to extend this system to courts all across Europe?

Thankfully, the UPC is failing. SUEPO linked to an article to that effect earlier today. People in the comments in that article (composed by Team UPC) mostly focus on Techrights, still upset because of our opposition to software patents (we assume these comments come from one single patent attorney).

"Ironically in some sense, the person who pushed the hardest for the UPC is also the person who doomed it. Battistelli's attacks on the judges aren't forgotten and aren't forgiven. Brexit isn't even the prime barrier; the extreme lack of justice at the EPO is."In summer of 2019 the famous complaint against the UPC turns two. Each year that passes is another nail on the UPC's coffin. Almost exactly a year ago this site called Down to Earth boiled down to misinformation, slanting everything in favour of the litigation 'industry' (as if it's the sole thing that matters). The writer ended up putting a copyright sign/symbol as the head image in the article about patents, showing that these people have no clue what they're writing about (or intentionally lying). They referred to patents as "IP" (not Invalid Patent but something meaningless and misleading).

Ironically in some sense, the person who pushed the hardest for the UPC is also the person who doomed it. Battistelli's attacks on the judges aren't forgotten and aren't forgiven. Brexit isn't even the prime barrier; the extreme lack of justice at the EPO is.

Recent Techrights' Posts

SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
 
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026
European Patent Office (EPO) Series: The Centre-Right "Social Democratic Party" in Portugal
Quite an achievement for a former Maoist radical and aspiring champion of the Portuguese proletariat to be invited to join Goldman Sachs
SLAPP Censorship - Part 102 Out of 200: Maybe One Day Whistleblowers From Brett Wilson LLP Will Tell Us What Really Happened
Maybe one day some former staff of Brett Wilson LLP will also approach us to blow the whistle
What LibreOffice and TDF Get Right About Document Formats (and What They Get Wrong)
OOXML is a phantom - it is something nobody implements, not even Microsoft!
Gemini Links 09/06/2026: "The Mist of the Lands Between", Board Game Concept
Links for the day
2026: The Year Slop Companies "Made an Exit" (Threw in the Towel Over to Wall Street)
Remember 2026 as the year two major slop companies (which we won't name) sought an IPO
Links 09/06/2026: NSO Group still cracking, "FOI tribunal throws out £14k costs claim against journalist Barnie Choudhury"
Links for the day
Links 09/06/2026: "Smartphones Broke Dating" and "EU Open Source Strategy"
Links for the day
Cannot Speak About IBM Wrongdoing or Jobs Being Sent Overseas (Lower Salaries)
IBM has long attacked the media, the whistleblowers, and even online forums
European Patent Office (EPO) Series: The CIA-Funded Centre-Left in Portugal
In the political turmoil which followed the fall of the old regime, the communists seemed to be acquiring a dominant position and there was a very real risk that Portugal could end up aligned with the Eastern Bloc if they were not stopped
This Coming Friday
Richard Stallman (RMS)
Yesterday Afternoon The Register MS Published a Fake Article That Says "AI" 31 Times Because It Got Paid to Do This
What will happen when all those loans for slop (Ponzi scheme) stop and companies' marketing budgets - which include media bribes for hype campaigns - are no more?
Extraordinary General Meeting of Staff Union of the European Patent Office Ahead of Intensifying Strikes
We will, in the meantime, run a series about EPO corruption, which is now connected to corruption in Portugal and to corruption inside the EU
Several Slopfarms That Target "Linux" Seem to Have Died
Or perished severely
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 08, 2026
IRC logs for Monday, June 08, 2026
Gemini Links 09/06/2026: Tanana River, Cassette Beasts, and Emacs
Links for the day