Bonum Certa Men Certa

Latest EPO Crisis: Junk Patents Granted in Preparation for Vision of Europe as Litigation Central (UPC)

The Board too recognised that there is a "crisis" (in its own words, shown below)

EPO crisis



Summary: Europe is rapidly turning into one of the world's worst places to have a practicing business as it's now a fertile trolling territory

THE EPO, as we noted here quite recently (in several articles), started granting terrible patents (EPs) on life -- patents that even the USPTO is denying for obvious reasons.



“The EPO want time for discussion and consideration of the effect of this divergence.”
      --Isobel Finnie, Haseltine Lake LLP
Not too long ago even the EPO's management begrudgingly admitted that monopolies on life had to be stopped and this new legal analysis looks back at it, noting the role played by the EPO's Enlarged Board of Appeal (EBoA):

The European Patent Office (EPO) has issued a Notice advising that proceedings before its examining and opposition divisions will be stayed if they depend entirely on the patentability of plants/animals, or plant/animal parts (eg seeds, fruit) obtained by "essentially biological processes". This is because directly opposing views have been reached by the EPO's Enlarged Board of Appeal (EBoA), (its highest level of review) in a 2015 decision, versus the view set out by the European Commission in a Notice issued on 3 November 2016 on whether this type of product should be patentable in Europe. The EPO want time for discussion and consideration of the effect of this divergence.


We expect that the Boards of Appeal will also stop the EPO from granting any further patents on CRISPR (possibly invaliding those already granted in the process), but this can take years and the Boards of Appeal are under a massive attack from Battistelli, who isn't even supposed to have any authority over them (violation of the EPC).

"We expect that the Boards of Appeal will also stop the EPO from granting any further patents on CRISPR (possibly invaliding those already granted in the process), but this can take years and the Boards of Appeal are under a massive attack from Battistelli, who isn't even supposed to have any authority over them (violation of the EPC)."As of yesterday, even the British establishment could see that the EPO had gone off the rails. To quote a org.uk Web site: "The European Patent Office (EPO) has declared that it intends to grant a broad patent for the use of CRISPR technologies to the University of California, the University of Vienna and Dr Emmanuelle Charpentier of the Max-Planck Institute in Berlin."

This should never have been granted. Another .org Web site seems to have just realised that EPO is now one of the world's worst for patent quality; this is doing enormous damage to all existing EPs! The article said: "The European Patent Office, or EPO, announced its intentions to grant the University of California a broad patent for CRISPR-Cas9 gene editing technology in late March."

"It would be completely unimaginable some years back, but look what patent examination has been reduced to under Battistelli."We have already explained what CRISPR is about, especially to the uninitiated. There are ethical, contractual, and common sense issues, putting aside the importance of patent scope. It would be completely unimaginable some years back, but look what patent examination has been reduced to under Battistelli. How long before examination becomes altogether negligible or redundant like in France?

Anyone who has spent some time working with or reading about patents would know that lousy patents with broad range/scope are profoundly detrimental to science -- a toxic mix or a dangerous cocktail, as a certain lunatic might dub it.

"Of course," one comment said yesterday, "another way to pump up business for the UPC is to push for more patent applications at the EPO to go through to issue without carefully policing prosecution amendments under Art 123(2) EPC. That would serve very nicely, wouldn't it? I recall that grants at the EPO have recently risen by 40%."

"How long before examination becomes altogether negligible or redundant like in France?"Yes, exactly! People are finally getting it.

Earlier this morning the EPO wrote: "Take a look at patent litigation, from A to Z!"

So that's all they care about now? Litigation? The EPO needs to focus on examination, not litigation.

"For all we know, Britain cannot join the UPC and thus, the UPC might never get off the ground at all (it strictly depends on Britain's participation in its current form)."Where is IP Kat when one needs it to cover these alarming developments? IP Kat is taking a bow to the EPO today with this promotional puff piece, but nothing is said about the EPO crisis, except in very old comment threads. It ought to be obvious by now that the EPO under Battistelli doesn't give a damn about the EPC (see the latest example) and unless something is done to stop this abuse, damage will spread to the whole of Europe, inflicting all sorts of companies with troll lawsuits (potentially from China and the US).

There is a portion in new comments which spreks of UPC and Britain. One person said "this raises an interesting question: will unitary patents, at least for the short while from the start of the UPC to Brexit, automatically cover Gibraltar? We know that they will cover the Isle of Man, but only because a specific Order was passed in order to reconcile the fact that UK patents are protected under Manx law with the Isle of Man's non-EU status. Gibraltar's situation, on the other hand, is the opposite: uniquely among British Overseas Territories, it's (for the time being) in the EU, but UK patents aren't protected under Gibraltar law."

"As we noted here earlier this week, there is a growing belief that Battistelli wants to completely demolish the EPO as a 'necessary' sacrifice for the UPC regime."For all we know, Britain cannot join the UPC and thus, the UPC might never get off the ground at all (it strictly depends on Britain's participation in its current form).

"Regarding the UPC comment," one person responded, "it is incorrect to state that Gibraltar is in the EU, because clearly it is not, but I am not one to split hairs, so I am prepared to accept that it is."

This then disrupted the whole thread, making it about the EU and Gibraltar rather than the UPC.

As we noted here earlier this week, there is a growing belief that Battistelli wants to completely demolish the EPO as a 'necessary' sacrifice for the UPC regime.

Recent Techrights' Posts

Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day