Bonum Certa Men Certa

When the EPO Sees Itself as Above European Law, Grants Patents in Defiance of the EPC (Its Founding Document) and Violates Staff's Labour Rights/Protections (International Law)

Skeleton



Summary: The absurd state of affairs at the EPO has reached the point where laws at every level are being violated and even judges are being threatened or vainly ignored; the EU is belatedly trying to tackle these issues, which have actually cost its credibility a great deal and threaten the perception of Rule of Law at multiple levels

THE WAY things are going, the European Patent Office (EPO) does everything it takes for its critics to be proven correct. The current president was appointed by nepotism (Battistelli), he refuses to undo illegal rules, and moreover he's meeting disgraced officials to undermine the EPC (like 35 U.S.C. €§ 101 in the US for some parts of it) whilst actively promoting software patents in Europe. They're not even shy to show their disdain/hatred of the law and rather fundamental rules. What motivates them to do all that self-harming stuff? Do they not genuinely care about the future of Europe, including the Office? They're supposed to at least listen to the staff and the general public, not impose their will on both. This shouldn't be a hard concept to grasp. Power comes from consent typically; otherwise brutality becomes necessary and things get rather ugly very fast.



"Power comes from consent typically; otherwise brutality becomes necessary and things get rather ugly very fast."We've been tracking EPO abuses for quite some time; hardly anything is improving, only suppressed. Discussion in the media is nowadays nearly dead. Not because anything was tackled/resolved; unless the EPO thinks that the sole issue it had was 'hostile' media.

Months ago we wrote about “Collaborative Quality Improvements” (CQI) -- a programme whose net goal would be further reductions in patent quality. How low can it go? Earlier this week the EPO wrote: "Today we are hosting a conference on #3Dprinting. EPO examiners across all sectors are preparing to face challenges this emerging tech brings."

Surely the EPO understands that the patents it grants are a barrier and affront to 3-D printing i.e. they slow down innovation and have already held back this domain for decades (famously so; UAVs also).

Distracting from the real news, which is the EPO's "fascist bills", the EPO still writes about the latest 'state visit' in Munich -- one in which the Romania-born Andrei Iancu was present to promote patent maximalism on behalf of American corporations. Iancu and the EPO are management-leaning bureaucrats -- two names one associates with attacks on justice and judges for the sake of corporate profits. The USPTO wrote: "Our productive conversations will lead to even more collaboration between our two offices. We value our close friendship with the EPO and look forward to further strengthening our relationship in ways that will benefit our stakeholders in the U.S. and Europe." ~ Director Iancu."

The EPO retweeted this.

We've meanwhile found this new press release about a patent front group for software patents (IPO), which has "Keynote speakers include Antonio Campinos, President, European Patent Office; The Honorable Andrei Iancu..."

That the EPO continues to openly associate with lobbyists of aggressors from the US (that's what IPO is) doesn't shock is. It's not surprising us anymore. Nor does the fact that last week they mentioned the UPC, probably for the first time in a very long while (many months). They're not totally giving up just yet. A couple of days ago Mondaq published this self-promotional piece for Markus Gampp LL.M. (DLA Piper), who said: "Nonetheless, Brexit does not necessarily mean the end for the UPC and the entire reform project."

It does. In its current form it's dead. Finished. Needs restarting the process (if ever). And here are all the relevant paragraphs:

However, the UK leaving the EU will likely have substantial impact on the biggest reform in the history of European patent law: the long-awaited introduction of the European patent with unitary effect and the Unified Patent Court (UPC). This system would enable a patentee to enforce their patent across Europe with just one action before the UPC. All decisions taken by the UPC, including injunctions, damages and decisions on the validity of a patent would have pan-European effect.

The UK was to play a vital role in this ambitious project, inter alia by hosting a branch of the court's central division in London. As the underlying agreements currently stand, as a non-EU member the UK can not participate in the UPC. The new system can only enter into force upon ratification by 13 member states, including the UK and Germany. The German ratification is currently on hold pending resolution of a constitutional challenge against the national legislation implementing the UPC. While some have advocated this possibility, it appears highly doubtful whether the UK could participate in the UPC system as a non-EU member when it comes into force.

Nonetheless, Brexit does not necessarily mean the end for the UPC and the entire reform project. There are ways (eg through bilateral agreements) by which the UK may conceivably still participate. However, this could potentially take years to implement, causing a significant delay.


No legal system can be entrusted/empowered under the EPO. Evidence is everywhere.

Brian Cordery (Bristows) has meanwhile invoked another event of patent maximalists, AIPPI. He's now pushing patents on life in Kluwer Patent Blog. The usual greedy, dishonest Team UPC taking points; "Echoing a point made by Sir Robin Jacob in his address at the Opening Ceremony," he wrote, "the message was clear from the outset: when it comes to the form of claims in antibody patents, the US is the odd one out."

It's a race to the bottom for them.

Europe has come to the point of embracing patent quality even lower than that of the United States. How? By deliberately violating the EPC. The judges, who no longer have any autonomy, typically let it be. They can get ousted otherwise.

Some people who pay to promote their promotional sales pitch tell us that the "Technical Boards of Appeal as well as the Legal Board are independent" (no, Weickmann & Weickmann's Christian Heubeck should know this is no longer the case). Here's the whole paragraph in question, published just days ago:

The Boards of Appeal of the European Patent Office, i.e. the judicial panel of the second instance of the EPO, examine appeals from the decisions of the Receiving Section, the Examining and Opposition Divisions of the European Patent Office. The Technical Boards of Appeal as well as the Legal Board are independent and are bound only by the European Patent Convention (EPC). The procedure before the Boards of Appeal is outlined in the Rules of Procedure of the Boards of Appeal.


This is totally false; it's nonsense because everyone including examiners and the Boards themselves know that independent judges are no more; it's not the fault of the judges either. It's the fault of the Office and the Council, which work collaboratively to crush the EPC. This is why the EPO is so absurd; it does follow even its own rules. This isn't a particularly new problem.

Consider our various new articles about Stallman being pushed out [1, 2] for having said tactless things that were then distorted and spun by hostile media. As Benjamin Henrion has just put it (upon the news about Stallman): "Stallman an opened our eyes that the European Patent Office (EPO) was a "corrupt and malicious organization which should not exist". Intergovernmental organizations like FIFA are designed to be captured and corrupted" [...] Stallman: "But if the European Patent Office stands in your way, get rid of it too" [...] Maybe one day we get someone who realize the EPO construction was not respecting the 'rule of law' principle..."

He then highlighted this new page about the EPO rejecting orders from our representatives in the EU: [via]

Barrier-free access to plant material is essential for the innovative capacity of the European plant-breeding sector and farmers, as well as for the genetic variety of our crops and the health of EU citizens.

In 2015, the Enlarged Board of Appeal of the European Patent Office (EPO) ruled that products obtained from essentially biological processes, such as plants, seeds, native traits and genes, are patentable. On the basis of this decision, a broccoli and a tomato variety were effectively patented (Cases G2/12 (tomatoes) and G2/13 (broccoli)).

In response, the European Parliament adopted a resolution[1] on 17 December 2015 calling for clarification of patent law for plants. In its Notice of 8 November 2016, the Commission stated that it was never the intention to grant patents on natural traits that are introduced into plants by means of essentially biological processes such as crossing and selection. All Member States supported this reading and the Board of Directors of the EPO eventually amended its policy so as not to grant patents on products from essentially biological processes.

Unfortunately, the Technical Board of Appeal of the EPO rejected this decision on 18 December 2018, arguing that the European Patent Convention takes precedence over the EPO’s implementing rules and that patents on plants may therefore be granted.

At this stage, the President of the EPO has requested a final judgement from the Enlarged Board of Appeal to conclude the issue. Third parties are entitled to submit written statements on the matter to the Enlarged Board before 1 October 2019.

Does the Commission intend to submit a written statement to the Enlarged Board of Appeal of the EPO in order to protect the innovative capacity of the European plant-breeding sector and the general public interest?

What action does the Commission envisage taking to ensure that products resulting from natural processes are not patentable?


Here's more on that in other new pages. At least some politicians are paying attention to the way a corrupt EPO management ignores European Parliament and grants these illegal patents anyway, helped by judges who are threatened by Office management (in direct defiance of the EPC).

"EPs will quiz the EU Commission on Monday on how to ensure that products obtained from essentially biological processes, such as crossing, cannot be patented," says this new page: [via]

The European Patent Office’s (EPO) Enlarged Board of Appeal decided in March 2015 in the tomato (G0002/12) and broccoli (G0002/13) cases that products obtained from essentially biological processes, such as crossing, can obtain patent protection. The European Parliament responded in December 2015 with a non-binding resolution demanding that EU rules be clarified and reiterating its objection, from May 2012, to patentability of products derived from conventional breeding.

After the European Commission intervened in November 2016, the EPO amended its policy so as not to grant patents on products obtained from essentially biological breeding processes. However, the EPO’s Technical Board of Appeal rejected this decision in December 2018, arguing that the European Patent Convention takes precedence over EPO’s implementing rules.


We certainly hope that all (or at least most) EPO examiners agree with us that patent maximalism at the EPO helps neither examiners nor the Office. It merely discredits the whole institution and harms science for the sake of profits (companies like Bayer/Monsanto). People who protest in front of the EPO and demonstrate against the EU (in forms like a rebellious Brexit referendum) are motivated/emboldened by utterly disgraceful behaviour such as this. We deserve better than this. We don't need patent lunacy (patents on life and nature) and patent trolls. We don't need the UPC either. We need to think what would best serve Europe's place in science and technology (worldwide). Not law firms' interests.

Recent Techrights' Posts

The Slop ('Linux') Foundation Celebrates 35 'Linux' Years a Week After GNU/Linux Turns 43
they'll keep on trying to change history
FOSSY (SFC) Platforming GAFAM, Sells Endorsement
Houston, we have a problem here
IBM's Age Discrimination Leads Workers to Contemplate Suicide While the CEO Becomes Billionaire for Lying to the Press and Faking Performance (Fraudulent Accounting)
IBM avoids issuing WARM notices
 
Gemini Links 11/08/2026: Stargate, Stargazer, Air-gapped Environments, and SystemVerilog Simulator
Links for the day
Keumars Afifi-Sabet Produces Useful, Informative Coverage Regarding Privacy
And it's good for Richard Stallman
Confirmed: Microsoft Layoffs in August 2026, Entire Operations Shut Down Too
Microsoft is just bleeding
Paying With Cash in 2026
Cash isn't going away. Not any time soon.
Blocking Tor Is Not a Solution, It's Paranoia
Tor is not a crime
Oligarchs and Their Footsoldiers Are Most Enthusiastically Loud About the Things They're Attacking
Like "Microsoft loves Linux"
Not Allowing Misogyny and Misogynists to Run the World
We stand with (and for) equality, justice, and freedom
"SPONSORED EXPLAINER" at The Register MS is Just More SPAM "Sponsored by HPE."
This is a great example of crap 'journalism'
IBM Won't Hire (or Hardly Hire) This Year
IBM is bluffing with buzzwords while shrinking out of existence and reducing salaries
SLAPP Censorship - Part 146 Out of 200: An Industry of Plagiarism, 'Normalised'
they pursue personal enrichment by stealing from Free software developers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 10, 2026
IRC logs for Monday, August 10, 2026
5.1k Capsules Known to Lupa, Gemini Protocol Crawler
If no limits (e.g. 10k max per capsule) were imposed on crawling, there would likely be millions of pages in the database
Gemini Links 11/08/2026: Waking Up Earlier, Whining About LLMs as Destructive Plagiarism
Links for the day
Links 11/08/2026: "The Enemy Is the Platform" and 'Vibe' 'Coding' Shown to be Little But Plagiarism
Links for the day
If Your Software Project Welcomes Bots, Then All You'll Have Left at the End Is Bots (Same for Sites Which Permit LLM Slop; They End up as Slopfarms and No Human Wants to Contribute Anymore)
A "slippery slop."
Clownflare Affirms Disturbing Trend of Web Monoculture (Which Extents to Clownflare Itself)
Clownflare itself is another layer of the same problem
The Open Web Is Not Coming Back
the open Web going out of control
Tell Me Something I Don't Know
Those who have a stake in the secrecy would do anything to maintain secrecy
Gemini Links 10/08/2026: Recollections and Washing Machine That Only Last a Few Years
Links for the day
Claims of Mass Layoffs at IBM (in Finance)
IBM tries hard to maintain an illusion of normality - to the point of viciously censoring critics and whistleblowers.
The Slop Bubble (Pyramid Scheme) is Becoming Bigger and Everyone Should be Terrified (Its Implosion Will Cause More Damage)
there's no plan for a turnaround
Microsoft and Apple Lose Ground to GNU/Linux in the United States
This contributes a lot to the international curve
Escaping Ads
When users do not want ads, then no ads should show up, period
For Second Year in a Row Software Freedom Conservancy (SFC) Loses Money (Over $3,000,000 Lost in 2 Years), Bradley M Kuhn Steps Down as Treasurer
lost almost $600,000 last year
Microsoft/GAFAM Operating at a Loss
Microsoft has financial problems
Nigel Farage crisis: Taylor Swift & Jeffrey Epstein both shunned cryptocurrency bosses
Reprinted with permission from Daniel Pocock
statCounter Now Sees GNU/Linux "Market Share Worldwide" at 9.21%, Soon 10%
If this data is more or less accurate, it's time for panic at Microsoft
Rumours of Impending Mass Layoffs in IBM's Yorktown Office, Impacting the LLM (Slop) Staff
Bubbles never last forever, hence their name
Links 10/08/2026: "Long COVID Linked to Lasting Damage in The Brain's Dopamine System", Microsoft’s Weather App Uses Over 1,000 Megabytes of RAM
Links for the day
Software Freedom Conservancy (SFC) Does Not Support Women, It Imitates Authentic Organisations, Embraces Misogynists, Then Projects
They try to monetise for personal gain at the expense of unpaid volunteers
When You're Evil and You're Publicly Attacking Something, That Something Will Become More Popular
when an oppressor becomes openly oppressive and does anything to squash/censor critics, the outcome will typically be detrimental to the oppressor
Links 10/08/2026: "Against Oligarch" and "The Invisible Women"
Links for the day
Social Control Media Deathwatch: After Nearly a Million Posts Sent EchoFeed Shuts Down
EchoFeed is hardly unique
When the LLM Chatbots Industry (Trillions in the Red) Quits Paying the Media for FOMO
fear of missing out, or FOMO for short
Microsoft Killing Morale
branding the process “inhumane” and “demoralizing”
Google's "AI Overview" as Proprietary Censorship Engine and Gatekeeper
People do not choose to use this, Google is just shoving that in people's faces, encouraging laziness and misinformation
SLAPP Censorship - Part 145 Out of 200: They Tried Hard to Hide the Fact Their Client Had Been Sued, Twice Even
A month ago Brett Wilson LLP tried to take my wife "to the side" (in effect isolated) to make her an offer
statCounter: GNU/Linux Up to 8.95% Globally
So the estimates are being "corrected" upwards, not downwards
Explaining How Someone Attempted to Cancel RMS This Year (and Failed)
The process itself involved debunking some falsehoods
Microsoft's "XBOX Ranks Last", IBM is Headed for Extinction
If Microsoft cannot dominate its own "home turf", what prospects are there elsewhere?
DebConf6 fight denied by Google artificial intelligence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 09, 2026
IRC logs for Sunday, August 09, 2026
Gemini Links 10/08/2026: A Mild Monday, Sleepy Saturday, OUYA, and Moving to GNU/Linux
Links for the day
Links 09/08/2026: US Blackouts (Energy Wasted), Slop to Evade Accountability, and Software Patents Framed as "Hey Hi"
Links for the day
Gemini Links 09/08/2026: Parakeets in Britain and Rant About 'Modern' Washing Machines
Links for the day
Links 09/08/2026: Social Control Media Weaponises Immigration, Europe Suffers Severe Drought, and "Internet of Stuff" Explained
Links for the day
SLAPP Censorship - Part 144 Out of 200: The "Hired Guns" ("Media" at BW) Shrank Almost Three-Fold Since They Sued Us in 2024
No wonder they're so visibly outnumbered
10 Days Ago Red Hat Formally Terminated Employment of About 500 Technical Workers (the Media Didn't Mention This)
IBM has nothing left to do except fire people (in secret) whilst attacking sites that give these people a voice
Freenode Continues to Shed Off Servers and Users, Good Thing We Abandoned It
you cannot sell communities. It leads to chaos
Daniel Pocock in the Sunday Times (Today)
Expect the attacks (from Pocock's haters, motivated by envy) to intensify
Controlling One's Platform
We need to strive for or actively pursue a Web where everyone has their own platform/s and where censors ("moderators") have no direct control over these platforms
Improving the Static Site Generator (SSG), Fixing Bugs
Next month the site's SSG turns 3
Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026