05.17.20

Gemini version available ♊︎

Not Even One Single Article About the EPO’s Attacks on the EPO’s Boards of Appeal

Posted in Europe, Law, Patents at 1:51 am by Dr. Roy Schestowitz

The Office maintains its illegal control over judges who are supposed to be independent

Aftermath of the tortoise and the hare: They ask them to assess compliance with the European Patent Convention whilst in the process violating the European Patent Convention

Summary: In clear, direct and overt violation of the European Patent Convention the European Patent Office (EPO) continues to ‘wag the Board’ and you wouldn’t know about it based on media in the pockets of patent litigation fanatics

THE decision that was announced on Friday was rather weak. It doesn’t quite apply retroactively and it does not deal with loopholes, having had its question (referral) watered down by the Office. This is in violation of the EPC and it serves to reaffirm the Boards’ lack of independence. People have pointed this out in comments, but nobody actually investigated this. As usual, the media was a lapdog, not a watchdog. The same can be said about blogs that cover patents; they were sold to or infiltrated by patent litigation fanatics.

We already published 3 posts earlier on [1, 2, 3] and there are 3 more articles we’ve seen since. Mostly from sites controlled by patent maximalists. Here they go:

  • This week in IP – Plants non-patentable (again), SCOTUS swats preclusion rule, National Geographic victorious

    The EPO’s Enlarged Board of Appeal declared yesterday that plants and animals exclusively obtained by essentially biological processes are not patentable, contrary to a 2018 decision from the office’s Technical Board of Appeal that such products were eligible for patent protection.

    The decision was the latest in a series of attempts over 10 years to clarify whether patent protection can be obtained for plants in Europe, and falls in line with the EPO’s guidelines from 2017 that excluded plants from patent protection.

    In its opinion on case G 3/19 (Pepper), the EBoA held that under Article 53b of the European Patent Convention, the non-patentability of essentially biological processes for the production of plants or animals also extends to plant or animal products that are exclusively obtained by an essentially biological process.

    To ensure legal certainty and to protect the legitimate interests of patent proprietors and applicants, the EBoA also ruled that the new interpretation of Article 53b would not have retroactive effect on European patents containing such claims that were granted before July 1 2017.

    The interpretation will also not be extended to pending patent applications seeking protection for such claims that were filed before that date.

    “I’m a bit surprised about this outcome from a purely legal point of view, but happy about it because this has been our business’s political position,” says Franck Coutand, former patent manager and current head of quality and safety at Limagrain, a plant breeder, in France.

  • European Patent Office prohibits patents on plants and animals

    The European Patent Office (EPO) concluded yesterday (14 May) that plants and animals exclusively obtained by essentially biological processes are not patentable.

  • Europe Authority Bans Patents On Plants And Animals

    Plants and animals that are produced only by “essentially biological processes” are not patentable, the European Patent Office has ruled, a decision that has been hailed as a victory against agribusiness giants while prompting a warning that “existing loopholes” still need to be closed.

    In a 70-page opinion Thursday, the EPO’s Enlarged Board of Appeal held that the European Patent Convention, which governs patents issued by the office, excludes plants and animals that are “exclusively obtained by means of an essentially biological process.”

    The appeals board’s reading of the EPC does not apply to patents granted before July 2017 or pending…

Why not? Does the European Patent Convention become applicable only in particular periods of time? Also, where’s the discussion about what happened prior to this decision? Maybe they prefer their readers not to know…

Putting aside posts from AstraZeneca (patents on Big Pharma monopolies), there are some better comments attached to them, actually highlighting EPO abuses. The latest comment (Saturday) says: “I see the merits of all the above comments, but would just like to add that the Enlarged Board should not be seen as simply subservient to a ‘conference of ministers’. Its power and usefulness comes about by being able to generate new law based on its expertise. The more we allow it to operate ‘independently’ the more it can attune itself to the need of the time. No one has spelled out in the comments the advantages of dynamic interpretation which justified the change in position. Surely this is a good thing when done by those that know most about patents, i.e. the Enlarged Board? Putting aside the complexities of the present case, surely a dynamic interpretation is best suited to our rapidly changing times?”

“It says as much about the media as it says about the EPO.”It’s kind of sad in a way that nowadays IP Kat deletes comments that speak of EPO corruption or mention António Campinos and Benoît Battistelli. They’re in effect helping the EPO’s management cover up the abuses instead of covering abuses. Sophie Corke at the Litigation Kat even reassures us that the Kats in 2020 are little but a mouthpiece of highly corrupt EPO management (see bottom section).

In a similar vein, the other site founded by the founder of IP Kat (then sold) is still publishing sponsored spam as ‘articles’ and still chatting with patent trolls and judges like Rodney Gilstrap who welcome their abuse (example from a few days ago). This site is a think tank of bad actors. It’s also a lobby for UPC, which died despite their lobbying. It says as much about the media as it says about the EPO.

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. Links 25/1/2022: GPL Settlement With Patrick McHardy, Godot 4.0 Alpha 1, and DXVK 1.9.4 Released

    Links for the day



  2. Proprietary Software is Pollution

    "My daughter asked me about why are we throwing away some bits of technology," Dr. Andy Farnell says. "This is my attempt to put into words for "ordinary" people what I tried to explain to a 6 year old."



  3. Microsoft GitHub Exposé — Part XV — Cover-Up and Defamation

    Defamation of one’s victims might be another offence to add to the long list of offences committed by Microsoft’s Chief Architect of GitHub Copilot, Balabhadra (Alex) Graveley; attempting to discredit the police report is a new low and can get Mr. Graveley even deeper in trouble (Microsoft protecting him only makes matters worse)



  4. [Meme] Alexander Ramsay and Team UPC Inciting Politicians to Break the Law and Violate Constitutions, Based on Misinformation, Fake News, and Deliberate Lies Wrapped up as 'Studies'

    The EPO‘s law-breaking leadership (Benoît Battistelli, António Campinos and their corrupt cronies), helped by liars who don't enjoy diplomatic immunity, are cooperating to undermine courts across the EU, in effect replacing them with EPO puppets who are patent maximalists (Europe’s equivalents of James Rodney Gilstrap and Alan D Albright, a Donald Trump appointee, in the Eastern and Western Districts of Texas, respectively)



  5. Has the Administrative Council Belatedly Realised What Its Job in the European Patent Organisation Really Is?

    The "Mafia" which took over the EPO (the EPO's own workers call it "Mafia") isn't getting its way with a proposal, so it's preventing the states from even voting on it!



  6. [Meme] Team UPC is Celebrating a Pyrrhic Victory

    Pyrrhic victory best describes what's happening at the moment (it’s a lobbying tactic, faking/staging things to help false prophecies be fulfilled, based on hopes and wishes alone), for faking something without bothering to explain the legal basis is going to lead to further escalations and complaints (already impending)



  7. Links 24/1/2022: Scribus 1.5.8 and LXLE Reviewed

    Links for the day



  8. IRC Proceedings: Sunday, January 23, 2022

    IRC logs for Sunday, January 23, 2022



  9. [Meme] Team UPC Congratulating Itself

    The barrage of fake news and misinformation about the UPC deliberately leaves out all the obvious and very important facts; even the EPO‘s António Campinos and Breton (Benoît Battistelli‘s buddy) participated in the lying



  10. Links 24/1/2022: pgBadger 11.7 Released, Catch-up With Patents

    Links for the day



  11. The Demonisation and Stereotyping of Coders Not Working for Big Corporations (or 'The System')

    The war on encrypted communication (or secure communications) carries on despite a lack of evidence that encryption stands in the way of crime investigations (most criminals use none of it)



  12. On the 'Peak Hacker' Series

    Hacker culture, unlike Ludditism, is ultimately a movement for justice, for equality, and for human rights through personal and collective emancipation; Dr. Farnell has done a good job explaining where we stand and his splendid series has come to a close



  13. Links 23/1/2022: First RC of Linux 5.17 and Sway 1.7 Released

    Links for the day



  14. Peak Code — Part III: After Code

    "Surveillance perimeters, smart TVs (Telescreens built to Orwell's original blueprint) watched over our living rooms. Mandatory smart everything kept us 'trustless'. Safe search, safe thoughts. We withdrew. Inside, we went quietly mad."



  15. IRC Proceedings: Saturday, January 22, 2022

    IRC logs for Saturday, January 22, 2022



  16. Links 23/1/2022: MongoDB 5.2, BuddyPress 10.0.0, and GNU Parallel 20220122

    Links for the day



  17. A Parade of Fake News About the UPC Does Not Change the General Consensus or the Simple Facts

    European Patents (EPs) from the EPO are granted in violation of the EPC; Courts are now targeted by António Campinos and the minions he associates with (mostly parasitic litigation firms and monopolists), for they want puppets for “judges” and for invalid patents to be magically rendered “valid” and “enforceable”



  18. Welcome to 2022: Intentional Lies Are 'Benefits' and 'Alternative Facts'

    A crooks-run EPO, together with the patent litigation cabal that we’ve dubbed ‘Team UPC’ (it has nothing to do with science or with innovation), is spreading tons of misinformation; the lies are designed to make the law-breaking seem OK, knowing that Benoît Battistelli and António Campinos are practically above the law, so perjury as well as gross violations of the EPC and constitutions won’t scare them (prosecution as deterrence just isn’t there, which is another inherent problem with the UPC)



  19. From Software Eating the World to the Pentagon Eating All the Software

    “Software is eating the world,” according to Marc Andreessen (co-founder of Netscape), but the Empire Strikes Back (not the movie, the actual empire) by hijacking all code by proxy, via Microsoft, just as it grabbed a lot of the world’s communications via Skype, bypassing the world's many national telecoms; coders need to fight back rather than participate in racist (imperial) shams such as GitHub



  20. Links 22/1/2022: Skrooge 2.27.0 and Ray-Tracing Stuff

    Links for the day



  21. IRC Proceedings: Friday, January 21, 2022

    IRC logs for Friday, January 21, 2022



  22. Peak Code — Part II: Lost Source

    "Debian and Mozilla played along. They were made “Yeoman Freeholders” in return for rewriting their charters to “work closely with the new Ministry in the interests of all stakeholders” – or some-such vacuous spout… because no one remembers… after that it started."



  23. Links 22/1/2022: Ubuntu MATE 21.10 for GPD Pocket 3, MINISFORUM Preloads GNU/Linux

    Links for the day



  24. Computer Users Should be Operators, But Instead They're Being Operated by Vendors and Governments

    Computers have been turned into hostile black boxes (unlike Blackbox) that distrust the person who purchased them; moreover, from a legislative point of view, encryption (i.e. computer security) is perceived and treated by governments like a threat instead of something imperative — a necessity for society’s empowerment (privacy is about control and people in positions of unjust power want total and complete control)



  25. Peak Code — Part I: Before the Wars

    Article/series by Dr. Andy Farnell: "in the period between 1960 and 2060 people had mistaken what they called "The Internet" for a communications system, when it had in fact been an Ideal and a Battleground all along - the site of the 100 years info-war."



  26. Links 21/1/2022: RISC-V Development Board and Rust 1.58.1

    Links for the day



  27. IRC Proceedings: Thursday, January 20, 2022

    IRC logs for Thursday, January 20, 2022



  28. Gemini Lets You Control the Presentation Layer to Suit Your Own Needs

    In Gemini (or the Web as seen through Gemini clients such as Kristall) the user comes first; it's not sites/capsules that tell the user how pages are presented/rendered, as they decide only on structural/semantic aspects



  29. The Future of Techrights

    Futures are difficult to predict, but our general vision for the years ahead revolves around more community involvement and less (none or decreased) reliance on third parties, especially monopolistic corporations, mostly because they oppress the population via the network and via electronic devices



  30. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU


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