Bonum Certa Men Certa

Patent Quality (Not Numbers) as an Asset: Oppositions, Appeals and Rejections at the EPO

If patent information is the goal, then overload is a threat

Information overload Reference: Information overload



Summary: Benoît Battistelli wants a rubber-stamping operation (like INPI) rather than a functional patent office, but oppositions at the Office prove to be fruitful and many erroneously-granted patents are -- by extrapolation -- already being revoked (affecting, in retrospect, Battistelli's so-called 'results')

THIS WEEK has been historic at the EPO not because of scandals or conflicts but because of a decision we covered here several times*. It was a major blow to patent maximalists.



The patent microcosm never really cared about patent quality; the quality of patents has little to do with the business model. All they care about, based on this upcoming event (advertised yesterday), is how to double the number of patents by throwing the same texts at multiple piles of applications at multiple offices. "EPO and USPTO approaches to rejections" is one among the topics covered. As we pointed out here before, the USPTO barely tolerates patents on genetics. There are few ultra-wealthy companies aspiring to 'own' everything, including life itself (Monsanto/Bayer for example) and they crush ordinary people, such as farmers, in the process.

The EPO has lost touch; The discrimination against SMEs at the EPO is not accidental but a planned/intentional policy. According to this, the EPO keeps lying about -- and supposedly 'on behalf of' -- SMEs. Where does that end? Even EPO staff is being crushed nowadays. Nobody is being served but billionaires.

"Even EPO staff is being crushed nowadays. Nobody is being served but billionaires.""Are you a #patent professional? Here's an interesting opportunity," the EPO wrote yesterday, linking to this promotion of internships (warning: epo.org link). The EPO "races to the bottom of salaries and assurance to staff," I told them, "thus ensuring longterm brain drain. Interns are low-paid staff with no assurance of work. Is this the future of the EPO under Battistelli 'reforms'? Remember that starting January 1st (2018) all EPO examiners lost their permanent contracts, reducing work security for docility. Terrible."

The EPO's official account "follows" me in Twitter. Sometimes I think some good people are behind it, but in order to pay the mortgage they need to obey the high-level management, knowing that they too can suffer (along with their families) if they don't play along.

Watch what they posted yesterday: Distraction from real EPO news (about CRISPR). Instead they share Battistelli's photo op in which there's promotion of software patents in Europe. The EPO basically republished its 'news' about "computer implemented inventions"; pushing the unthinkable again? To quote the original (warning: epo.org link): "Other topics discussed during the meeting included procedural changes at the EPO and recent case law, standard essential patents, the EPO's approach to computer implemented inventions, and IP activities in the Internet of Things era."

The "CII" dodge aside (that's what they call software patents in Europe), there's also that buzzword, "Internet of Things", once again; that too is a modern trick for sneaking software patents past examiners.

Battistelli's EPO is stretching patent scope further and further, but the opposition to a CRISPR patent showed that some staff is managing to do the right thing and end this injustice. This is still circulating in technical media and European media. "The vast majority of the Broad Institute's CRISPR patents in Europe are also affected by this same deficiency and we expect them to meet a similar fate," ERS CEO Eric Rhodes said. It's the likely end of CRISPR patents in Europe though the matter is likely to reach the Enlarged Board of Appeals. To quote:

CRISPR/Cas9 has been hailed as the ‘scientific discovery of the century’ due to its capacity to modify the genome for the treatment of genetic diseases. The Broad Institute, set up by MIT and Harvard in 2004 to use genomics to improve human health, successfully obtained a patent from the US Patent Office for its use in eukaryotes. However, the European Patent Office (EPO) has revoked the first of several patents obtained by the Broad Institute, citing a clear lack of novelty.


The editor of JUVE, linking to his article (in German), wrote: "The recent decision of @EPOorg could be a blueprint for the other 6 oppositions against Broad’s CRISPR patents. According to source the Marraffini problem is an issue in all 7 patents."

Alexander Esslinger replied: "To my knowledge all these patents are based on the same PCT application and therefore share the priority problem [...] Faint hope for Broad. In my view only a decision of the Enlarged BoA could help the patent proprieror" (the oppositions division did the right thing to deny patents on CRISPR).

The profound effect of this decision on those who attempt to monopolise life itself can be witnessed in this report from yesterday.

Battistelli has only 5 months left at the Office, so it's likely that an appeal will occur/take place under the leadership of Campinos.

"Campinos, a Portuguese national, was elected in October as the new EPO president," says this new article, but he is French actually (dual), just like Benoît Battistelli and Alain Pompidou (a reasonably OK EPO President, according to sources of ours).

Here is what IP Watch wrote yesterday:

Outgoing European Patent Office (EPO) President Benoît Battistelli was elected Chairman of the University of Strasbourg Center for International Intellectual Property Studies Administrative Board in November for a three-year term. He succeeds António Campinos, Executive Director of the European Union Intellectual Property Office.

Campinos, a Portuguese national, was elected in October as the new EPO president for a five-year term starting on 1 July 2018.


Things can only improve from there, or so hope EPO insiders. The goal of everyone -- ours included -- is to fix the EPO. Patent quality is a big part of that. ______ * In 4 prior articles (on Wednesday [1, 2], Thursday and Friday) we got one important detail wrong; what we got wrong is that not BoA but the Oppositions (i.e. the Office) made the decision. We apologise for this error. We often assume that very few blogs are covering EPO from a technology perspective (unlike legal 'industry' perspective) because the structure of the Organisation is confusing (some units are just numbers and that too changes over the years/decades).

Recent Techrights' Posts

LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
 
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding
The Corrupt Lecture the Non-Corrupt - Part XXIV - Luis Berenguer Giménez at the EPO (European Patent Office) Became the Punchline of EPO Staff
"the fact that Luis was caught with cocaine causes laughter. The use of cocaine in itself is not the real shocking bit."
IBM Keeps Culling Essential Linux, Fedora, GNOME, and GTK Staff
Over a month ago IBM laid off over 400 Red Hat engineers
Cisco Cuts Nearly 4,000 Jobs Because of Debt, Nothing to Do With Slop
The media keeps talking about revenue, not profits
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026