07.13.17

Gemini version available ♊︎

As Expected, Benoît Battistelli Shaved off Billions of Euros Worth of ‘Value’ From European Patents and Thus Alienated Stakeholders

Posted in Europe, Patents at 4:49 am by Dr. Roy Schestowitz

“IPR-intensive industries” — as the EPO likes to call them — suffer profoundly as a result of Battistelli’s departure from a system of proper appeals, wide window for oppositions, and thorough examination

Patent valuation
Reference: Patent valuation

Summary: Overpatenting at the European Patent Office (EPO) means that a lot of patents granted by the EPO are of little or no value, rendering the whole pool of patents questionable until proven otherwise (e.g. in a court of law)

THE quality of European Patents (EPs) has suffered a profound decline. Battistelli will keep lying about it (that’s his specialty), but even patent examiners at the EPO admit that his policies made this decline almost imperative (unless they want to risk being sacked).

“…even patent examiners at the EPO admit that his policies made this decline almost imperative (unless they want to risk being sacked).”Battistelli’s bad policies not only caused the massive increase in grants etc. (which isn’t necessarily a good thing, especially as patent applications declined in the same period) and as recently as 7 months ago we saw the effects. This was formalised at the very end of last month when many law firms were in lower capacity due to holidays. CIPA, which is now occupying blogs, tried to oppose/veto this, but to no avail.

Now that more of these firms have had time to study the changes they sound anything but satisfied. Their clients may be feeling betrayed, having paid a fortune for patents that are no more.

Marks & Clerk’s George Lucas has just published this analysis of what happened:

The EPO has decided that products of essentially biological processes are to be excluded from patentability

[...]

It appears that this change means that the previous “Broccoli” and “Tomatoes” cases would be decided differently today and that neither patent would be upheld; although this may depend on whether they were held to be “exclusively obtained” by means of an essentially biological process – an issue on which we can hope for further guidance in due course.

Finnegan, another one of those large law firms, said this:

The EPO is expected to issue further guidance on the scope and meaning of this Rule in the next revision to its Guidelines for Examination later this year. If the EPO follows the reasoning of the EU Commission notice, then it is likely that transgenic plants and animals, and plants or animals obtained by technical mutagenesis (e.g. CRISPR, TALEN, ZFN) will still be patentable in Europe, but that plants or animals that are produced by natural crossing, and selected on the basis of particular markers, traits or characteristics, will no longer be patentable.

NLO, using IAM as a platform, says that “[t]he decisions caused some commotion; yet the story did not end there.”

Here is another new analysis from legal firms’ sites:

On 3 July, the European Patent Office (EPO) lifted its stays of proceedings on cases that had been held in abeyance pending new rules on the patent-eligibility of plant-related subject matter. Following an intervention by the European Commission in November 2016, as of December 2016 the EPO had stayed the prosecution of a number of plant-related applications pending a possible rule change. The EPO’s Administrative Council then decided at the end of June 2017 to enact some new EPC Rules in this area. These became effective almost immediately, as of 1 July 2017 and are applicable to both existing and newly filed applications.

“EPO director clarifies new plant patenting rules amid MEP concerns,” said a news headline that’s not from a law firm (for a change).

Breeders generally welcome this decisions, except the monopolists who strive to ‘own’ life. As Agranet put it yesterday:

Natural traits in plants are patentable when they can be isolated from their natural environment, but the onus of showing whether the trait is the outcome of a biological or a technical process lies with the breeder, European Patent Office (EPO) director Heli Pihlajamaa has told the European Parliament’s Committee on Agriculture and Rural Development (ComAgri).

Here is what Fruitnet said:

The move comes after the EC issued a notice in November which underlined that plants that are obtained by means of “essentially biological processes” are not patentable.

Notice the trend in all the above articles (there are certainly more on the way) and compare to reactions to patents on genome. As usual, law firms want patents on everything (it’s good or them), but actual innovators or practitioners prefer cooperation and peace.

Belatedly, we suppose, major companies start asking themselves, “what is going on at the EPO?”

“EPs are not what they used to be. If their collective ‘value’ was measured at many billions if not a trillion Euros, what are they worth now? How much damage has Battistelli caused?”But it’s too late now; they paid the price for their gagged press and lack of government interventions.

The negative impact of low patent quality at the EPO is starting to become clear to all. EPs are not what they used to be. If their collective ‘value’ was measured at many billions if not a trillion Euros, what are they worth now? How much damage has Battistelli caused?

There’s even worse news, in areas outside the domain of genetics. We will be writing about it later.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. [Meme] Speaking the Same Language

    Language inside the EPO is misleading. Francophones Benoît Battistelli and António Campinos casually misuse the word “social”.



  2. António Campinos Thinks Salary Reductions Months Before He Leaves is “Exceptional Social Gesture”

    Just as Benoît Battistelli had a profound misunderstanding of the concept of “social democracy” his mate seems to completely misunderstand what a “social gesture” is (should have asked his father)



  3. IRC Proceedings: Thursday, October 21, 2021

    IRC logs for Thursday, October 21, 2021



  4. Links 21/10/2021: MX Linux 21 and Git Contributors’ Summit in a Nutshell

    Links for the day



  5. [Meme] [Teaser] Miguel de Icaza on CEO of Microsoft GitHub

    Our ongoing series, which is very long, will shed much-needed light on GitHub and its goals (the dark side is a lot darker than people care to realise)



  6. Gemini Protocol and Gemini Space Are Not a Niche; for Techrights, Gemini Means Half a Million Page Requests a Month

    Techrights on gemini:// has become very big and we’ll soon regenerate all the pages (about 37,500 of them) to improve clarity, consistency, and general integrity



  7. 'Satellite States' of EPO Autocrats

    Today we look more closely at how Baltic states were rendered 'voting fodder' by large European states, looking to rubber-stamp new and oppressive measures which disempower the masses



  8. [Meme] Don't Mention 'Brexit' to Team UPC

    It seems perfectly clear that UPC cannot start, contrary to what the EPO‘s António Campinos told the Council last week (lying, as usual) and what the EPO insinuates in Twitter; in fact, a legal challenge to this should be almost trivial



  9. The EPO’s Overseer/Overseen Collusion — Part IXX: The Baltic States

    How unlawful EPO rules were unsurprisingly supported by Benoît Battistelli‘s friends in Baltic states; António Campinos maintained those same unlawful rules and Baltic connections, in effect liaising with offices known for their corruption (convicted officials, too; they did not have diplomatic immunity, unlike Battistelli and Campinos)



  10. Links 21/10/2021: GIMP 2.99.8 Released, Hardware Shortages, Mozilla Crisis

    Links for the day



  11. How Oppressive Governments and Web Monopolists Might Try to Discourage Adoption of Internet Protocols Like Gemini

    Popular movements and even some courageous publications have long been subverted by demonisation tactics, splits along unrelated grounds (such as controversial politics) and — failing that — technical sabotage and censorship; one must familiarise oneself with commonly-recurring themes of social control by altercation



  12. [Meme] Strike Triangulations, Reception Issues

    Financial strangulations for Benoît Battistelli‘s unlawful “Strike Regulations”? The EPO will come to regret 2013…



  13. [Meme] Is Saying “No!” to Unlawful Proposals Considered “Impolite”?

    A ‘toxic mix’ of enablers and cowards (who won’t vote negatively on EPO proposals which they know to be unlawful) can serve to show that the EPO isn’t a “social democracy” as Benoît Battistelli liked to call it; it’s just a dictatorship, currently run by the son of a person who actually fought dictatorship



  14. IRC Proceedings: Wednesday, October 20, 2021

    IRC logs for Wednesday, October 20, 2021



  15. [Meme] EPO Legal Sophistry and Double Dipping

    An imaginary EPO intercept of Administrative Council discussions in June 2013...



  16. Links 21/10/2021: PostgreSQL JDBC 42.3.0 and Maui Report

    Links for the day



  17. [Meme] [Teaser] “Judge a Person Both by His Friends and Enemies”

    Fervent supporters of Team Battistelli or Team Campinos (a dark EPO era) are showing their allegiances; WIPO and EPO have abused staff similarly over the past decade or so



  18. 'Cluster-Voting' in the European Patent Office/Organisation (When a Country With 1.9 Million Citizens Has the Same Voting Power as a Country With 83.1 Million Citizens)

    Today we examine who has been running the Finnish patent office and has moreover voted in the EPO during the ballot on unlawful "Strike Regulations"; they voted in favour of manifestly illegal rules and for 8.5 years after that (including last Wednesday) they continued to back a shady regime which undermines the EPO's mission statement



  19. The EPO’s Overseer/Overseen Collusion — Part XVIII: Helsinki's Accord

    The Finnish outpost has long been strategic to the EPO because it can help control the vote of four or more nations; evidence suggests this has not changed



  20. [Meme] Living as a Human Resource, Working for Despots

    The EPO has become a truly awful place/employer to work for; salary is 2,000 euros for some (despite workplace stress, sometimes relocation to a foreign country)



  21. Links 20/10/2021: New Redcore Linux and Hospital Adoption of GNU Health

    Links for the day



  22. IRC Proceedings: Tuesday, October 19, 2021

    IRC logs for Tuesday, October 19, 2021



  23. Links 19/10/2021: Karanbir Singh Leaves CentOS Board, GPL Violations at Vizio

    Links for the day



  24. [Meme] Giving the Knee

    The 'knee' champion Kratochvìl and 'kneel' champion Erlingsdóttir are simply crushing the law; they’re ignoring the trouble of EPO staff and abuses of the Office, facilitated by the Council itself (i.e. facilitated by themselves)



  25. Josef Kratochvìl Rewarded Again for Covering Up EPO Corruption and the EPO Bribes the Press for Lies Whilst Also Lying About Its Colossal Privacy Violations

    Corrupt officials and officials who actively enable the crimes still control the Office and also the body which was supposed to oversee it; it's pretty evident and clear judging by this week's press statements at the EPO's official Web site



  26. [Meme] Sorry, Wrong Country (Or: Slovenia isn't Great Britain)

    Team UPC is trying to go ahead with a total hoax which a high-level European court would certainly put an end to (if or when a referral is initiated)



  27. How Denmark, Iceland, Finland, Norway and Sweden Voted on Patently Unlawful Regulations at the EPO

    We look back and examine what happened 8 years ago when oppressed staff was subjected to unlawful new “regulations” (long enjoyed by António Campinos, the current EPO autocrat)



  28. The EPO’s Overseer/Overseen Collusion — Part XVII: The Non-Monolithic Nordic Bloc

    We start our investigation of how countries in northern Europe ended up voting on the unlawful “Strike Regulations” at the EPO and why



  29. Proof That Windows “11” is a Hoax

    Guest post by Ryan, reprinted with permission



  30. Firefox Becomes as Morally Reprehensible as Apple, Facebook, or Uber

    Guest post by Ryan, reprinted with permission


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts