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

Many Topics to Cover
Drops in a big ocean
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
 
Secret Microsoft Layoffs and Maybe Another "Voluntary Exit Program at Microsoft in October"
there's a morale crisis at Microsoft
MIT Technology Review (MTR) Reinforces MIT's Role in Promoting Slop (Pyramid Scheme) in Exchange for Money
MIT is a poster boy (or child) of institutional corruption, perverts, and corporate takeover
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs