Bonum Certa Men Certa

Not Enough Opposition/s to Wrongly-Granted European Patents

Examiners know there's a problem as justice cannot prevail

EPO quality letter



Summary: The relative lack of oppositions to patents which are being granted in a rush (and under pressure to met "targets") may mean that any sense of justice will be overlooked, not only inside the EPO but also outside the EPO

THE EPO is creating a legal minefield. European Patents (EPs) are granted too leniently -- a result of decline in patent quality -- basically emulating the same mistakes the USPTO made in recent decades (until patent reform). This means that access to justice in the patent sense will become as poor as EPO staff's access to justice. It means that mobs like patent trolls can harass European companies even if they do not infringe/touch a patent or the patent in question is just questionable (expensive to prove that in court though).

Yesterday an EPO insider wrote about the concept of "Floating in a legal vacuum," quoting documents that SUEPO had shared: "How can it be that while states are individually obliged to respect fundamental human rights, they can jointly create international institutions that are entitled to ignore them?"

"Are appeals and oppositions even possible when people like Battistelli can harass Board judges (appeals)? Or retaliate against Office staff (oppositions)?"SUEPO published two large documents recently; these pertain to exemptions from law for EPO management, but what about patents that get issued and those impacted by such patents? Are appeals and oppositions even possible when people like Battistelli can harass Board judges (appeals)? Or retaliate against Office staff (oppositions)?

Not too long ago there was a successful opposition to a patent on life. Yes, the EPO had been granting patents on life itself, but in one case (at least one) EPO staff rejected the patent. It was about CRISPR. Professor Jake Sherkow of New York Law School has just written about a CRISPR patent appeal in the US. He said that this "demonstrates that patents covering even revolutionary technology can be legally mundane and still have significant real-world impact," having not actually opposed this practice.

But another post on the subject of appeals came from the US yesterday. It was the CCIA writing about the EPO, which is rare. "Approximately 4% of European patents are opposed, and of those, approximately 32% of oppositions are not instituted," Josh Landau wrote yesterday. To quote the relevant paragraphs:

EPO Oppositions and Nullity Proceedings



In Europe, rather than inter partes review and district court litigation on validity, there are opposition proceedings at the European Patent Office (EPO) and nullity proceedings in European national courts.

Oppositions



Oppositions are the most similar European procedure to U.S. post-grant proceedings like IPR. So it’s instructive to examine how many European patents are opposed and the outcomes of those oppositions.

Fortunately, the EPO makes available detailed statistics on exactly these questions. Approximately 4% of European patents are opposed, and of those, approximately 32% of oppositions are not instituted. 27% of oppositions result in a final decision invalidating all claims of the patent, while the remaining 40% of patents are modified in some form and maintained as patents. (EPO opposition statistics appear to omit patents where the parties settled mid-proceeding.) Each year, the EPO handles approximately 4,000 oppositions, meaning that approximately 1,100 European patents are invalidated in their entirety on a yearly basis.


This means that about 96% of patents face no opposition; with Battistelli almost doubling the number of granted patents, how would that even be feasible? Even for companies to keep abreast of all those granted patents while still being productive at work...

What we see here is collective erosion of the notion of law or justice in the patent system. Yesterday we called it the "banana republic model"; it's a system gone awry. A lazy man with barely any experience in patents or sciences has been put in charge of a patent-printing machine.

Recent Techrights' Posts

Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
 
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025