Bonum Certa Men Certa

The European Patent Office Has Become a Kakistocracy

Team Battistelli fits the definition almost perfectly

Kakistocracy



Summary: Nowadays, under Benoît Battistelli, the worth of human life and human rights may seem far too low at the EPO; for a change, however, citing the European Patent Convention (EPC), EPO staff rejects a key patent, so there's still a power struggle between competent people and people who misuse/sabotage the Office for personal gain

THE European Patent Office (EPO) keeps wrestling with patent quality, which management is trying to squash, whereas examiners try to insist on (at risk of being laid off for such insistence if not resistance).



High patent quality is the enemy of patent maximalists, such as patent law firms. They profit from a large pool of patents and lawsuits, including frivolous ones. They could not care less if money is drained out of the economy because that money typically lands in their pockets. This is why they are pushing so hard for the UPC -- a subject we shall revisit in our next post.

"High patent quality is the enemy of patent maximalists, such as patent law firms."We recently wrote about Finnegan (together with IAM) promoting patents on life/nature. Finnegan is one of the largest patent law firms out there (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP). Yesterday it wrote about Amgen [1, 2, 3] -- an envelope which no doubt it's willing to push for its large clients, such as pharmaceutical giants. Sanya Sukduang and Thomas J. Sullivan did this so-called 'podcast', which they preceded with the following text (a case we covered here several times before): "In June 2017, the Supreme Court announced its decisions in Sandoz v. Amgen and Amgen v. Sandoz – cases that examined how makers of biosimilars and branded biologic drugs bring products to market. At issue was the so-called "patent dance," a complex series of disclosures between biosimilar makers and the manufacturers of branded versions. In its decision, the Court left it up to states to decide whether to enforce the patent dance and how."

This case concerns the US patent system, but there's an analogous dispute in Europe over biosimilars. What's at stake is the worth of human life, e.g. access to medicine. Given that the EPO already grants abstract patents on mathematics, why not patents on life/nature as well?

According to an article we saw yesterday, "EpiPen patent [got] revoked in Europe". Life Sciences Intellectual Property Review wrote:

The European Patent Office (EPO) has revoked a patent covering Mylan’s EpiPen (epinephrine) injector after finding that patent amendments contravened the European Patent Convention (EPC).

ALK-Abello, a Denmark-based pharmaceutical company that makes the Jext injector, and Merck had opposed European patent number EP1,786,491 in November 2016.

The patent is owned by Meridian Medical Technologies, a subsidiary of Pfizer and the manufacturer of EpiPens for Mylan.

LSIPR previously reported on the battleground for the patent opposition.


Might the USPTO follow suit? Maybe PTAB will be petitioned some day? The behaviour of the maker of EpiPen still makes headlines in the US (quite a few even yesterday). EpiPen losing its 'teeth' at the EPO is a good sign. It shows that at least some parts of the Office (e.g. Oppositions, which recently shot down a CRISPR patent) still manage to function. But for how much longer? And to what extent? As we said yesterday, only about 4% of granted patents are opposed (not because the remaining 96% are OK). And as we have seen before, those who stand in the way of patent maximalists like Battistelli tend to be punished somehow. It's not like there are legal safeguards against such retribution tactics.

As Märpel noted yesterday, there are "No human rights." To quote a portion of this latest post:

This message from the President of the European Court of Human Rights himself is of the utmost importance to the staff of the EPO as the European Court of Human Rights was perceived of the only way to reform a dysfunctional justice system: member states should not be able to create an organisation where basic human rights are not respected and access to a functional justice system is a basic human right. Märpel understands that there are pending cases involving the EPO at the European Court of Human Rights.

What Guido Raimondi basically said is that all these cases shall be lost. Human rights at the EPO are good enough or, more precisely, the need of international organizations for immunity and an independent justice system is more important than the breeches suffered by their staff.

SUEPO notes that Between May 2003 and May 2010, Guido Raimondi worked at the International Labour Office (ILO) as a Deputy Legal Adviser and Legal Adviser of the Organization. Doesn't this cast doubts on his independence and fairness? The article of Guido Raimondi on the case law of the European Court of Human Rights on international Civil Service law is below. English translation from SUEPO.


As we said yesterday, one legitimate concern is that EPO examiners no longer have the courage to oppose bad patents, except anonymously (i.e. not in their professional capacity). A terrorising administration made it this way. This would not only cost Europe a lot of money (several times the aggregate revenue of the EPO) but it would also cost lives. The former Chief Economist of the EPO publicly warned about this. Battistelli replaced him with some Frenchman who keeps talking a lot of nonsense in the latest Gazette (I was personally astounded by how shallow and boorish his articles/puff pieces were). The EPO has truly become a kakistocracy.

Recent Techrights' Posts

All the Latest 'Articles' in This Fake 'News' Site Are SPAM, LLM Slop, or Both (to Googlebomb CES)
These people destroy the Web
LLMs Destroy the Web Not Just by Filling It With Cruft and Chaff (Slop)
It'll destroy many sites or increase the cost of running them
Who Says Microsoft Is Actually Succeeding as a Business? (It's Faking a Lot)
Microsoft has been cooking the books for a long time
The Free Software Foundation (FSF) Turns 40 This Year, Now It Shows Possible Logos for the Special Event That Celebrates Sharing
FSF's options in a nutshell
President Biden Has Less Than a Fortnight Left to Pardon Julian Assange (Donald Trump's Regime Plotted to Assassinate Assange)
Don't try to lecture/explain/preach to people that exposing corruption, resisting corruption, and merely covering corruption is "bad" because crime "is everywhere"
 
Engagement in Microsoft GitHub Falls, Expect More Layoffs and Office Closures
Maybe it'll become an "open secret" if some rebellious whistleblower contacts us
Why Government Data on "Job Openings" is Typically a Lie (Perpetrated in Part by Corporations)
Millions (yes, millions!) of fake "openings" exist in the US alone, based on a survey done last year
[Meme] Microsoft's January 6th
Most Microsoft employees want to leave the company
Microsoft Starts 2025 Like 2024: Mass Layoffs Every Month!
It's a company in tailspin
Links 08/01/2025: Arrest of Yoon Suk Yeol Still Due, Prime Minister of Canada Stepped Down
Links for the day
Gemini Links 08/01/2025: Why Mastodon Sucks and Fake Code Generated by Scanning Real Code
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 07, 2025
IRC logs for Tuesday, January 07, 2025
Microsoft Has a Google Problem (and GNU/Linux Problem) in Sweden
Sweden likes Chromebooks, Web access data suggests
Less Than a Tenth of a Second
Look ma, static pages!
[Meme] The LLM Salesperson
LLMs are net liability (loss)
Links 06/01/2025: 10 Years Since Terrorism Against Satire in France
Links for the day
Gemini Links 07/01/2025: Praise of E-mail and App Store 'Invention'
Links for the day
[Meme] Removing Correct Information
publish what's true
From 92% to Less Than 25%: How Microsoft Lost Norway (and Still Loses What's Left)
just like in most countries
Matt Birchler: "This is why it’s important for people to own their presence on the web, especially when it comes to government agencies that need to communicate with people."
hours ago
Microsoft Continues to Attack Users' Choice
We're being herded into uniformity
Diversity of Views, Diversity of Sources
We want diversity, not monopoly
With 10 Days Left the Free Software Foundation (FSF) Looks to Raise Just Over $50,000 More
More than 10 days in Boston (eastern coast)
In Europe, Russia's Yandex About to Become Bigger Than Microsoft's Bing, Google Search Estimated to Have Grown Since the LLM Hype Began
Remember that Bing had many layoffs in the past 2 years, the corporate media barely reported on those
The Google Exodus That Wasn't
Search engines exist to serve their masters, not their users
Google (Blogger) is Already Disintegrating and It's a Reminder of the Great Dangers of Outsourcing Blogs to Companies (Including Automattic or WordPress.com)
Plus, Phoronix admits that using PHP - and not static pages - causes the Web site to be DDOSed, sort of
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 06, 2025
IRC logs for Monday, January 06, 2025
Links 06/01/2025: Presidential Arrest and Kursk as Bargaining Card
Links for the day
BetaNews Has Basically Become a Spamfarm, All the Latest 'Articles' Are SPAM and LLM Slop
No kidding...
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
Links 06/01/2025: Cyber Security in 2025 Still a Joke (Undermined by Authorities Themselves), US Layoffs 2025 Commence Today
Links for the day
Links 06/01/2025: Security Theatre and BBS Archives
Links for the day
[Meme] Don't Worry, They Say There's 7 Trillion Dollars Waiting at the Top
At whose expense? With whose consent?
Fedora Seems to be Dying of Neglect by IBM
IBM is doing to Fedora what it did to CentOS. It's still there, but only/mostly by name.
TRILLIONS! And TRILLIONS and TRILLIONS and TRILLIONS! Invest today!
If the mainstream media and national broadcasters know (and can see) it's a pyramid scheme, why aren't they calling it?
[Meme] A Corporate Wolf in Sheep Clothing
Will Apple "fans" pay attention? Will they even care?
British Police: Register a New Account With Unscrupulous American Companies (Microsoft and MElon X) to "Follow" Us
When authorities outsource to foreign social control media
Links 06/01/2025: Leftover General News and Dangers of US Debt Default
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 05, 2025
IRC logs for Sunday, January 05, 2025
Gemini Links 06/01/2025: End of Christmas, New Leaves and Fresh Starts
Links for the day