Bonum Certa Men Certa

Patent Quality at the EPO Depends on the Future of the Boards of Appeal (Which Battistelli is Killing Not So Softly)

One of the few singles I happen to have the CD of...

Killing Me Softly



Summary: The decline in patent quality at the EPO is bad news not just for applicants but for all Europeans, and there's no sign of it improving any time soon (under Battistelli to whom quality is an impediment)

THE EPO was a world-leading patent office for decades; it did not have many patents and this was actually a good thing because it meant that each single EP was of very high quality and there was certainty about it inside and outside the court (less risk, less litigation). Unlike the USPTO, the EPO did strive to maintain quality, which resulted in high fees. The EPO basically did what every patent office should do, but a lot of that changed when it got greedy and in defiance of Parliamentary instructions started granting software patents (covertly, using excuses and loopholes it had created) and patents on life, e.g. seeds, plants, animals. Patent maximalism further accelerated under Battistelli, a person so anti-scientific (crudely speaking, a chickenhawk politician) that he would never manage to come up with a valid patent of his own.



Nowadays, the EPO ignores the European Commission on everything including patent scope, so the rules don't seem to matter to it. The notion of "rules" hardly even exists at the EPO; what exists can be described as Presidential decrees. Here is a new "international report" from Bart W Swinkels of NLO (European Union). It says the following:

European Commission notice against patentability of plants does not affect European plant patents



On November 3 2016 the European Commission issued a notice regarding the patentability of plants and animals obtained by means of essentially biological processes.

In the view of the commission, the EU legislature’s intention when adopting EU Directive 98/44/EC “was to exclude from patentability products (plants/animals and plant/animal parts) that are obtained by means of essentially biological processes”.

However, the commission’s notice is not legally binding; it is up to the courts and boards – not the commission – to interpret the law.


In other words, as usual, the EPO does whatever the Hell it wants, no matter if it makes it look arrogant, foolish, even corrupt. See this tweet posted today by the EPO. Very vague (but familiar to us) language is being used to masquerade/blur the inclusion of software patents in an upcoming event (yet again! Warning: epo.org link). Based on what EPO examiners say, they no longer have much time to properly search prior art and they actually grant patents on software. They are under too much pressure under their management to "produce" (where production usually gets measured in teams of "products", not actual work). Watch what the EPO wrote today. It's totally out of touch!

"In other words, as usual, the EPO does whatever the Hell it wants, no matter if it makes it look arrogant, foolish, even corrupt."One of our remaining hopes is that the appeal boards will shake things up a bit. The supposedly independent judges need to remind the Office that it cannot just pursue greater quantity of patents by disregarding quality, thereby essentially spitting in the well (or muddying the water) of EPs' value.

According to this new announcement, quality control is not entirely dead at the EPO. To quote a press releases about it, "BMO Capital analyst, Matthew Luchini, reiterated his Outperform rating on shares of Alder Biopharm (NASDAQ: ALDR) despite shares being under pressure following the European Patent Office's (EPO) oral decision, which revoked Teva's patent claims related to CGRP antagonist antibodies for the treatment of migraine but maintained and narrowed method of use claims."

Here is another new bit of coverage that says "Aegis Capital affirms Alder Biopharmaceuticals (Nasdaq: ALDR) at Buy with a price target of $41 after the EPO maintained claims related to CGRP use in Migraines.

"The supposedly independent judges need to remind the Office that it cannot just pursue greater quantity of patents by disregarding quality, thereby essentially spitting in the well (or muddying the water) of EPs' value.""Analyst Difei Yang sees the recent pullback in ALDR shares as a buying opportunity. The analyst commented, "The EPO’s ruling is certainly a setback in the intellectual property legal proceedings of Alder and Eli Lilly, however it is also, in our view, a buying opportunity as the valuation impact to Alder is minimal; an approximate $2 per share decrease from our estimated price target. This reasoning stems from our opinion that there will be limited, if any, carry over to the US, where the large bulk of the future value of ALD-403 is based.""

Here, in this particular example, we're dealing with patents on drugs, not software, but the principles of patent scope still apply. Consider this new "international report" published yesterday by IAM. It says "Yeda Research and Development Company owned a patent directed to a monoclonal antibody that selectively binds and purifies the human cytotoxin, tumor necrosis factor (TNF)."

"To Battistelli, patent quality control is just some nuisance that stands in the way of his terrible goal of "production" (as measured by the 'SIPO yardstick')."As we noted here before, restrictive patent scope is needed in the area of cancer as well, otherwise patients will be killed for the sake of corporate profits. Societal cost analysis suggests that patents should be few but solid. We are not at all against patents (never were!); we're in favour of high quality patents whose grant can be justified by taking into account externalities like human life.

Battistelli, as this new tweet serves to remind us, is ensuring there's not much left to preserve patent quality at the EPO (appeals are becoming too expensive, the boards understaffed, no independence). To Battistelli, patent quality control is just some nuisance that stands in the way of his terrible goal of "production" (as measured by the 'SIPO yardstick').

Recent Techrights' Posts

Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
 
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock