Bonum Certa Men Certa

'SIPO Europe': The EPO's Race to the Bottom of Patent Skills and Patent Quality

Driving away the senior staff and bringing in temporary staff to just rubberstamp applications? Good for lawyers, no doubt...

SIPO and Battistelli Reference: Loose Patent Scope Becoming a Publicity Nightmare for the EPO and Battistelli Does a China Outreach (Worst/Most Notorious on Patent Quality)



Summary: The EPO is quickly turning from the world's leading patent office (on quality criteria) into one of the worst (as European patent lawyers too gradually dare admit)

WHEN this Web site was founded (2006) the EPO had already accepted that software was not patentable (before loopholes "as such"). The EPO was the least of our concerns! We were actually proud to say that software patents were no longer (much of) a problem in Europe.



Battistelli ruined the EPO in so many ways, including patent scope. He treats patent-granting (or examination) processes like a production line, where the goal is to produce as much as possible as quickly as possible (patents were never like this!) and this is what he calls "success".

What can a President do when staff realises that examination is no longer being done improperly because of unrealistic "production" expectations? A reasonable President would listen to the staff and correct/rectify the error. But Battistelli is no President but a King and a ruthless tyrant. He'll never ever admit an error. He's crazy!

"Thinking of applying to Praktika Intern? Applications close on 31 January 2017," the EPO wrote today, promoting that same trend of picking interns rather than experienced full-time employees (who are walking away or find themselves illegally dismissed based on trumped-up/made-up charges, or simply fail to reach impossible-to-fulfill quotas).

Make no mistake about it. The EPO grants A LOT of patents IN ERROR. Insiders told us so. They know so. They're embarrassed to say so, but they feel compelled by ethics.

Last week the EPO pulled off a publicity stunt ahead of the meeting which was supposed to bring up the subject of patent quality. It's about patents on plants. Here is a new article about it (shallow because it's composed by the patent microcosm):

The European Commission Disagrees with the European Patent Office on the Patentability of Plants and Plant Parts Produced by Essentially Biological Processes

Following last year's decisions by the Enlarged Board of Appeal of the European Patent Office ("EPO") on referrals G 2/12 and G2/13 ("Tomatoes II" and "Broccoli II"), the European Commission ("Commission") issued an interpretative Notice on certain articles of the Directive 98/44/EC—known as the Biotechnology Directive—stating their view that when adopting Directive 98/44/EC, the EU legislator's intention was to exclude from patentability products (plants/animals and plant/animal parts) that are obtained by means of essentially biological processes.

[...]

The European Commission Disagrees with the European Patent Office on the Patentability of Plants and Plant Parts Produced by Essentially Biological Processes

Following last year's decisions by the Enlarged Board of Appeal of the European Patent Office ("EPO") on referrals G 2/12 and G2/13 ("Tomatoes II" and "Broccoli II"), the European Commission ("Commission") issued an interpretative Notice on certain articles of the Directive 98/44/EC—known as the Biotechnology Directive—stating their view that when adopting Directive 98/44/EC, the EU legislator's intention was to exclude from patentability products (plants/animals and plant/animal parts) that are obtained by means of essentially biological processes.


Andrew Sharples, head of practice group EIP Life (patent microcosm), wrote for IP Kat about this a short whole ago and said:

The EPO announced on 12 December that it has stayed all examination and opposition proceedings relating to plants and animals obtained by an essentially biological process. This is because of a notice of the European Commission questioning the availability of patents in these fields.

Following the Broccoli and Tomato cases (G2/12 Tomatoes II and G3/12 Broccoli II, discussed on the IPKat here), the Enlarged Board of the EPO ruled that even where an essentially biological process for the production of a plant or animal is not patentable, the resultant animal or plant may itself be patentable. This was on the basis that, effectively, the exclusion under Art. 54(3) EPC was an exclusion of a process, and there was no basis for giving this Article a broader interpretation.

This decision did not go unnoticed by the powers of the EU, and in December 2015, the European Parliament adopted a resolution asking the European Commission to look into the patentability of products of essentially biological processes. This resulted, on 3 November, in the Commission adopting a Notice on certain articles of the Biotech Directive (2016/C 411/03), in which the Commission took a different view from that of the Enlarged Board.



Well, the Enlarged Board of the EPO may not last much longer. Battistelli is in the process of squashing it because, based on a growing mountain of evidence, it doesn't blindly accept Battistelli's views and to make matter worse it's actually granted -- GASP -- independence from the Office. That is absolutely not acceptable in Battistelli's view, which is why he insisted that the chinchillas of the Council should send those people to exile (as they finally did a few days ago).

Battistelli has totally dismantled the EPO even on technical grounds. Battistelli is far from a technical person, so he can probably lie to himself about it with ease.

Recent Techrights' Posts

With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
A "horrible week (hebdomada horribilis?) for the Solicitors Regulation Authority" (SRA)
The SRA is part of the SLAPP problem
EPO's Central Staff Committee (CSC) on EPO Social Dialogue
They've refrained from mentioning the industrial actions
The Register MS is Promoting Ponzi Scheme for Financial Fraud/Accounting Fraud Company, The Register MS Gets Paid to Do This
Published 6 hours ago
IBM's Kyndryl Managed to Fall to Less Than a Quarter of Its Past Year's High
Imagine IBM falling to $75
Links 10/02/2026: Media Freedom Feels Dead in Hong Kong and Grammys, Superbowl Becoming Politics
Links for the day
IBM RAs (or PIPs) in London, England?
They try to keep the lid on it
The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
Brett Wilson LLP Seems to Have Done for Roberto Foa What It Did a Year Earlier for the Serial Strangler from Microsoft
Repeat abusers (of the legal system) will misuse it as long as regulators do nothing
 
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026
Google Still Helping the Slop Pyramid Scheme, Encouraging Plagiarism Too
Google is a plagiarism company and it wants public solidarity for plagiarism by LLMs
Gemini Links 10/02/2026: "The Luminous Dead", Matrix, and Containers
Links for the day
Kyndryl CFO Harsh Chugh Comes From IBM (17+ Years)
Who would want such a position?
International Buybacks Machines
Will the current US administration/regime look into IBM's accounting or only its mini me's?
IBM Could be the Next Kyndryl, a Dinosaur With Accounting Fraud
Many shareholders (or even pension funds) are taking a big hit today
Ian Murdock Died in San Francisco 10 Years Ago. Cops Led to His Death.
10 years ago Ian Murdock died after cops had messed him up
US/Europe divergence: health & safety, criminality & Debian harassment culture: Open Digital Ecosystems submission F33370170
Reprinted with permission from Daniel Pocock
Links 10/02/2026: Splinternets and "Meta Goes to Trial in a New Mexico Child Safety Case"
Links for the day
Russia and China Best Off Without GAFAM
What if they abandoned GAFAM?
Will Finns Put Out the Online Cigarettes?
More people recognise that the child porn site formerly known as "Twitter" and Cheeto/Pooh-tin controlled TikTok are no longer trustworthy
As the US Economy Sags Microsoft Layoffs Carry on (Now in Larger Waves Like 15,000 Per Season or 30,000+ Per Year)
They try to avoid "negative" topics
GNU/Linux at 3.99% in Australia
now that Australians can no longer keep Vista 10
Microsoft Windows Falling
analytics.usa.gov Shows Rapid Erosion of Windows Market Share Since 'End of 10' (Vista 10)
Microsoft Windows Hits All-Time Low in The Netherlands in 2026
Europe needs to rid itself or wean itself off GAFAM
SRA: SLAPPs From Russian War Criminals and American Men Who Strangle Women Are Acceptable
The SRA, by inaction, is complicit in this
From Weber Shandwick (Microsoft PR) to Brett Wilson LLP (Hired Gun of the Serial Strangler of Microsoft)
they basically tried to charge me a lot of money for a PR project of someone who strangled women
The Solicitors Regulation Authority (SRA) is Not a Regulator, It's Part of the Litigation "Industry" in the UK (They Overlap Each Other)
Does nothing except talk about SLAPPs
In Finland, Microsoft Falls Behind Yandex (Russia)
Bing has had many layoffs in recent years
Security More Advanced in Geminispace Than on the Web (Bloat)
For real security, use Geminispace capsules, not Web sites
Slop at Microsoft is a Miserable Failure, Now Microsoft Takes the "Vista Route" (Paying People to Say Good Things About It)
This is brainwash, it's meant to delay the implosion of the bubble
Rumours About February 2026 Microsoft Layoffs: Silent Layoffs or 30,000 Culled Tomorrow
Sooner or later (and soon) Microsoft will need to say something and file some WARN notifications
GNU/Linux at 12% in Guam, Based on statCounter (Compared to 2-3% a Year Ago)
Guam's "uptick" in GNU/Linux usage started weeks after "end of 10"
Where We Stand With the Winter Series
We'll need to protect names and sources
Fighting Slop With the Public Domain (and Why Slopfarms Perish Faster Than New Ones Appear)
We can combat the nonsense by producing more human-made works until the slop bubble implodes
After Employee Reviews at IBM Staff Expects Another Large Wave of PIPs and "RAs" (Layoffs)
From what we can see in the "public Web"
Gemini Links 10/02/2026: "The Last Messiah", Discord for Adults
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 09, 2026
IRC logs for Monday, February 09, 2026
Is Europe Abandoning Digital Opium?
GAFAM-controlled social control media
Mobbing at the European Patent Office (EPO) - Part V - Strongest Strike Under António Campinos
SUEPO Munich is also reminding people of the threat of PIPs
Microslop is Slop, Slop is Considered "Quality"
no wonder Microsoft's stuff breaks down so often
thelayoff.com Deletes On-Topic Discussions (Layoffs) While Leaving in Tact Pro-Corporate Trolling Made by LLMs (Slop)
Who at thelayoff.com deems spam made by LLMs (slop) to be on-topic and unworthy of zapping, whereas actually on-topic and authentic threads get routinely deleted?
Gemini Links 09/02/2026: Great Salt Lake Ecological Observatory and Offpunk 3.0 "A Community is Born" Release
Links for the day
Links 09/02/2026: Mass Plagiarism and Pollution/FakeCoin Company Nvidia Contacted Anna’s Archives, Narges Mohammadi Gets Second Prison Sentence
Links for the day
GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out