Bonum Certa Men Certa

The Death of Patent Quality at the EPO and the European Commission's Latest Smackdown of the EPO's Patent Maximalism

Thorny business over patents on seeds, plants etc.

A seed



Summary: Yet more debunking of the ludicrous notion that the European Patent Office (EPO) maintains patent quality when grants go through the roof, sometimes irrespective of applications' quality

THE EPO was once the world's best patent office. Almost nobody would deny that. A lot has changed, however, and further exacerbated (accelerated decline) by Battistelli, who made the Office an unbearable place to work in.



What on Earth is an EP worth these days? Probably nowhere near the value of an EP even a decade ago. An EP is not so hard to get; it's no longer a 'trophy'. A whole paid-for press release about one such EP has just been published by Reuters (at great expense) only to say: "European Patent Office (EPO) has announced the intent to grant Respiratorius patent for VAL001, "A Pharmaceutical Composition Comprising a HDAC inhibitor and a steroid and the use thereof.""

So what? Here is another new example:

In the third quarter, The European Patent Office (EPO) confirmed that they had not received an appeal from the opponent regarding BioPorto’s NGAL Forms patent. This means that the patent remains valid. BioPorto has appealed EPO’s decision on the Exclusion patent, which was ruled invalid earlier this year. The NGAL Cutoff patent application has been amended according to the response from the EPO and BioPorto expects an approval to issue the patent within months.


But what is the validity of EPs once tested by European courts in the future? It may be hard to tell until half a decade from now.

"But what is the validity of EPs once tested by European courts in the future? It may be hard to tell until half a decade from now."Be very careful repeating these latest lies from the EPO (some still repeat these). See our previous posts about gross mis-evaluation of EPs. This latest example links to this puff piece generated by lies, soon to be repeated over and over again by the EPO. These lies and bogus (misleading) numbers from the liars of the EPO would have us drooling over € 5.7 TRILLION, but only a fool would believe that. See this tweet and two more that say [1, 2]: "IPR-intensive industries generated a trade surplus of € 96.4 billion for the EU" and "IPR-intensive industries directly generated 28% of all jobs in the EU" (linking to epo.org).

IAM 'magazine' too is dropping some extraordinary numbers, but expecting IAM to lie is more natural than expecting the EPO to lie (until more recently, especially this year).

This brings us to the issue of patent scope. Here is EPO saying: "These are the topics we've prepared for this year's Indo-European conference on ICT-related patents" (pushing for software patents again, clearly against the rules).

"Europe does not really have software patents, except in cases where examiners don't do their job properly. They're tricked or misled into thinking that a device -- such as a general-purpose computer -- makes the supposed invention "hard" rather than "soft" (or abstract)."See this recent article about software patents in Spain and take into account the situation in Germany and in the UK. Europe does not really have software patents, except in cases where examiners don't do their job properly. They're tricked or misled into thinking that a device -- such as a general-purpose computer -- makes the supposed invention "hard" rather than "soft" (or abstract).

EPOPIC too, on the face of it, includes talks about software patents where Philpott promotes/defends these. "We'll be discussing what clients expect from patent searchers at #EPOPIC," the EPO wrote, "For conclusions stay tuned!"

They separately wrote: "The Patent Information Conference 2016 starts next week. We look forward to your comments at #EPOPIC" (epo.org links again).

They don't care about comments. Battistelli listens to and obeys nobody. "There has been enormous progress in Asian patent information in recent years," the EPO wrote. "Follow #EPOPIC to learn more..."

Naturally, they have said absolutely nothing about major news that we first found out about via Dr. Glyn Moody, who alerted us to this article in German. The EPO's patent maximalism problem is getting noticed; it makes politicians furious or at least antagonistic. Petra Kramer said about it that it's "a further indication that patent quality is deteriorating under Batistelli" and she prepared a translation of this article in Dutch, her mother's tongue. Source here (must accept cookies and other barriers).

European Commission invalidates EPO's decision to patent tomatoes and broccoli



No patents can be filed on plant breeding in principle. "Improved" properties obtained through conventional, biological breeding methods are not patentable. That is what the European Commission decided on Thursday in an explanatory statement of a 1998 directive designed to protect biotechnological inventions.

The European Patent Office decided in March 2015 that enhanced products may be eligible for a patent under conditions. This would apply, for example, crossed broccoli or tomato species. Brussels now says that it was never the intention of the direction and that it leads to legal problems.

The European Parliament expressed itself last year against the decision of the patent office. MEPs as Jan Huitema (VVD) and Bas Belder (SGP) [both right wing, big business friendly parties - Petra Kramer] would prevent European farmers and growers who breed plants without biotechnology. EPO's decision prevented them from using patented seeds of their home-grown plants.

Innovation

,,Patents on natural properties of plants stifle innovation and are a threat to the food supply and crop diversity,'' Huitema responds. ,, The first battle has been won, the European Patent Office will have to comply by adapting their guidelines based on this new information.''

Netherlands is the second largest exporter of agri-food products worldwide. The Ministry of Economic Affairs has organized a symposium in Brussels in May with the aim to correct ,,imbalance 'between the rights of patent holders and producers' rights. There the conclusion quickly came forward that a pragmatic solution had to be made to put an end to the legal uncertainty.


Soon thereafter we also found coverage of something related to this from Switzerland (but in English). Quality of patent examination at the EPO obviously fell under Battistelli. It is now worse than even the USPTO, according to this new report. To quote:

A recently published study finds that, contrary to a conventional view, the United States Patent and Trademark Office undertakes more rigorous patent examination than the European Patent Office and the Australian Patent Office.

The study, published in the John Marshall Law School Review of Intellectual Property Law, provides “an answer to a question that, rather surprisingly, has not been addressed in the academic literature to date: What is the practical effect of patent examination?”


Petra Kramer asked: "How is EPO's court appointed? Is it private (like ISDS) or public?"

"You mean boards or courts or tribunals maybe," I replied, but she insisted on "[t]his one: the highest court of the European Patent Office has declared that plants are patentable."

It's a 2015 article/report about something that we covered here before. IP Watch has just covered this latest development (behind paywall) and it doesn't look good for the EPO, which is increasingly disgraced. It grants patents on things that should never have been considered in the first place. Here is a report in English about it:

In a long awaited explanatory statement, the EU Commission takes the view that plants and animals that are obtained by means of “essentially biological” breeding are non-patentable. This statement is in strong contradiction to the current practice of the European Patent Office (EPO), which has already granted more than 100 patents on conventional breeding, e.g. on tomatoes and broccoli.

The international coalition No Patents on Seeds! has for many years been demanding that these patents are stopped. With the support of many thousands of supporters, they have filed petitions and oppositions. They are seriously concerned about the increasing monopolisation of the seed and food production. The organisations in the international coalition are now calling on the political decision-makers to ensure that the EPO fully adopts the EU statement, and the rules for the interpretation of patent law become legally binding.


Next time Battistelli brags about maintaining patent quality (probably next month in the Administrative Council's meeting) show him the above. Battistelli is a chronic liar who turned the EPO from world leader into a public fiasco. This tarnishes Europe's reputation and severely harms its competitiveness.

Recent Techrights' Posts

Brett Wilson LLP Sent Over 5 Kilograms (or Over 12 Pounds) of Legal Papers! Because Writing About Microsoft Abuses is 'Illegal'.
How do you guys sleep at night? On a big pile of Microsoft money?
Extremism as a Weapon Against GNU/Linux (Microsoft Lunduke)
He ought to know the Halloween Documents. Wasn't he a Microsoft employee when these came out?
 
Slopwatch: linuxsecurity.com and Various Slopfarms That Lie About "Linux" and Are Promoted by Google News
Google does not seem interested in tackling this problem
Links 09/07/2025: War Updates and Microsoft Moving to India to Cut Costs
Links for the day
GNU/Linux Was Always a 'Movement' of Inclusion of Tolerance
Even the licences themselves remove access barriers
Links 09/07/2025: "Subprime AI Crisis" and "OpenAI May Be in Major Trouble Financially"
Links for the day
Huge Piles of Legal Papers ('Paper DDoS') Do Not Impress Judges and Regulators
they just make judges and regulators even more suspicious of the eagerness to resort to 'paper DDoS'
Lunduke Isn't Even Hiding His Anti-Linux Agenda (From "Linux Sucks" to "Linux is Pedophiles")
just trying to make a lot of trouble
Some People Use Computers to Get Actual Work Done
Tolerance and inclusion must extend to acceptance that some people don't agree with you, might never agree with you, and imposing what allegedly works for you on them is unreasonable
Example of "Old" Things That Still Work
The notion that something being "old" implies it must be discarded is typically advanced by those looking to sell more of something
Some Scheduled Maintenance Later Today
Typically the most vulnerable service during short interruptions is IRC
Computers Are Just a Tool
People don't get married because they love weddings, folks don't join the army because they love war, and most drivers don't drive to work because they love cars
Apple Way Past Its Prime
Apple deserves a decline
The FSF's SysOps Team Recovered From Serious Hardware Issue Within Hours
About half a day ago I noticed that all/most GNU/FSF sites were not reachable and thus reached out to a contact for any details
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 08, 2025
IRC logs for Tuesday, July 08, 2025
Slopwatch: Turning Bugs Into FUD About "Linux", Getting Basic Facts Wrong
all the screenshots are of fake articles; we don't want to link to any
Technical Reasons, Not Politics: With Wayland "it feels a lot like Linux from 20-25 years ago, which is horrendously frustrating, because it feels like we wasted one or two decades of progress and stability"
Lately, quite a few benchmarks were published to show Wayland compares poorly compared to what we had
PCLinuxOS Recovering From Fire
It looks like a nightmare scenario, where even backups onsite get destroyed
Links 09/07/2025: More Heatwaves, Officials Culled in Russia
Links for the day
Gemini Links 09/07/2025: XScreensaver and Resurrection
Links for the day
Links 08/07/2025: "Cyberattack Deals Blow to Russian Firmware" and "Cash Remains King"
Links for the day
FSF40 T-shirt message
by Alex Oliva
Gemini Links 08/07/2025: Creativity, Gotify with NUT Server, and Sudo Bugs
Links for the day
More on "Lunduke is Actually Sending His Audience to Attack People"
"pepe the frogs"
Links 08/07/2025: Sabotage of Networking Infrastructure, Microsoft XBox Game Pass Deemed “Unsustainable”
Links for the day
Dalai Lama Succession as Evidence That Determined, Motivated People Can Reach Their Nineties
And we need to quit talking about their death all the time
Many Lawyers (for Microsoft) and 1,316 Pages to Pick on a Litigant in Person Who Exposed Serious Microsoft Abuses
Answers must be given
Gemini Links 08/07/2025: Ancillary Justice and Small Web July
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 07, 2025
IRC logs for Monday, July 07, 2025
Layoffs and Shutdowns at IBM, Not Just Microsoft
Same as Microsoft
The FSF's (Free Software Foundation, Inc.) 2025 Summer Fundraiser Already Past Halfway Line
This is where GNU/Linux actually started
With Workers Back From a Holiday Weekend, Microsoft Layoffs Carry on, More Waves to Come
Now it's Monday and people are bad to work, even some journalists
Mozilla Had No Good Reason to Outsource Firefox Development to Microsoft
What does Mozilla plan to do when GitHub shuts down?
Mozilla Firefox Did Not Die, It Got Killed
To me it'll always look like Mozilla got killed by its sponsors, especially Google, which had a conflict of interest as a sponsor
You Need Not Wave a Rainbow Flag This Month to Basically Oppose Arseholes Looking to Disrupt and Divide the Community
Don't fall for it
Dan Neidle, Whom Brett Wilson LLP SLAPPed (on Behalf of Corrupt Rich Tax Evaders), Still Fighting the Good Fight
Neidle fights for the poor people
What Miguel de Icaza and Microsoft Lunduke Have in Common
Similar aims, different methods
Wayland Should Start by Dumping Its Very Ugly Logo
Wayland wins the "ugliest logo" award every year
Stop Focusing on Hair Colours, Focus on Corporate Agenda
If someone commits a crime, it does not matter if his or her hair was mostly white or there was no hair or a wig or whatever
Links 07/07/2025: Science, Conflicts, and a Fictional K-pop Group
Links for the day
Gemini Links 07/07/2025: Being a Luddite and Announcement of Gotify
Links for the day
Links 07/07/2025: XBox Effectively 'Dead', DMCA Subpoena Versus Registrar
Links for the day
The 'Corporate Neckbeard' is Not the "Good Guy"
Works for IBM
The Nasty Smear (and Stereotype) of "Neckbeard" or "Greybeard" is Ageism
This is the sort of stuff they might try to volley at critics of Wayland
Why Many of Us Use X Server and Will Continue to Use It For Many Years to Come
Don't make this about politics
Microsoft's Nat Friedman Became Unemployed the Same Time the SLAPPs Against Techrights Started Coming From His Friends (Weeks After We Had Exposed Scandals About Him and the Serial Strangler, His Best Friend, Who Got Arrested a Few Days Later)
Nat Friedman is not "Investor, entrepreneur"
Brett Wilson LLP Uses Threats to Demand Changes to Pages or Removal of Pages Without Even Revealing Which Staff Member Does That (Sometimes People From Another Firm!)
This has been in the public for years
Dan Neidle Said "It Really Then Became a Job of Tormenting" Lawyers Like Brett Wilson LLP (Who Threatened Him for Exposing Crimes, Just Like They Threatened My Wife a Few Months Later)
he and his wife decided to take on the evil people and their evil lawyers
Large Language Models (LLMs) Externalise Their Cost to the Free Software Foundation (FSF)
"The forty-sixth Free Software Bulletin is now available online!"
Weeding Out Extremism in Our Community
To me it seems like Microsoft Lunduke is rapidly becoming like a "hate preacher" who operates online, breeding an extremist ideology or trying to soften its image
Censorship Versus Fact-Checking and Quality Control
It's not censorship but a matter of quality control
Reinforcing the Allegations Some More, Bryan Lunduke Digs His Own Grave
In his latest episodes he merely repeats his own lies, which I debunked using evidence right from his own mouth
Global Warming and Free Software as a Force of Mitigation
we'll need to think about Software Freedom, not just brands like "Linux"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 06, 2025
IRC logs for Sunday, July 06, 2025
Gemini Links 07/07/2025: BaseLibre Numerical System and TUI Rant
Links for the day