Bonum Certa Men Certa

The European Patent Office Remains a Lawless Place Where Judges Are Afraid of the Banker in Chief

Related: Ingve Björn Stjerna Has Just Warned That If Team UPC and the European Patent Office Rigged the Proceedings of the German Constitutional Court, Consequences Would be Significant

Fair trial



Summary: With the former banker Campinos replacing the politician Battistelli and seeking to have far more powers it would be insane for the German Constitutional Court to ever allow anything remotely like the UPC; sites that are sponsored by Team UPC, however, try to influence outcomes, pushing patent maximalism and diminishing the role of patent judges

THE underlying issues at the European Patent Office (EPO) have not been addressed at all. They just rotated the face, swapping one Frenchman with another, António Campinos. In a 20-year period it's expected that almost 17 years will be French-led at the EPO. How ridiculous is that? A reader of ours calls it "La famiglia".



"It's almost as though Wingrove just writes whatever Bristows' main office tells him to write and the headline says "Constitutional Court ruling rumours spread" as if this "spread" somehow means there's truth to it; for all we can tell, the only ones "spreading" it are propaganda sites like the one Wingrove writes for."We are well aware that the Constitutional Court in Germany (FCC) is assessing the situation. It isn't helping that UPC propaganda sites (connected to the EPO and Team UPC) are perpetuating falsehoods. Patrick Wingrove is the latest to do this in a patent propaganda site which keeps spreading false rumours that are baseless and created out of thin air by Team UPC. It's really bad, but we suppose it says a lot about their journalistic standards. They have none; they just have sponsors and an agenda to sell. "Talk is building of a decision from the German Constitutional Court before year-end," Wingrove wrote, "the UK House of Lords heard evidence about Brexit’s effect, and the Italian Council of Ministers approved national legislation to adopt the Unitary Patent Regulation and the UPCA..."

What is the source for all this? Team UPC. It's almost as though Wingrove just writes whatever Bristows' main office tells him to write and the headline says "Constitutional Court ruling rumours spread" as if this "spread" somehow means there's truth to it; for all we can tell, the only ones "spreading" it are propaganda sites like the one Wingrove writes for. It's wishful thinking and lobbying; it's totally baseless and already refuted by the court.

There are many aspects to the complaint, presumably 4 main ones; one of the concerns is that UPC judges are controlled by (re)appointment policy, leaving them subservient to crooked circles like Battistelli's. It's not hard to see what Battistelli thinks of justice and judges. There's ample documentation of that. It's almost 2019 and the EPO Boards of Appeal still do not have independence; Campinos has changed nothing after corrupt Battistelli illegally attacked judges (the latest update is rather grim, claiming that Judge Corcoran was admitted into a psychiatric hospital).

Nobody wants to go through what Corcoran experienced, so nowadays the boards may seem spineless and subservient to those it rules on (the Office). Kluwer Patent Blog, which recently mentioned Corcoran's condition, said yesterday that a "EPO Board of Appeal decides plants can be patentable after all" (ridiculous) and to quote:

Those who thought that the battle on patenting of plants had gotten a final blow by the amendment of the European Patent Convention last year and the approach of the EPO examination following that (see this post), have not counted on the EPO Boards of Appeal.

The discussion on the patentability of plants has a long history within the EPO, which culminated in the amendment of Rules 27 and 28 EPC by the Administrative Council entering into force on 1 July 2017 (see this post). This amendment followed a Notice of the European Commission of 3 November 2016, indicating that the Biotech Directive 98/44 should have been interpreted as that plants obtained by essentially biological processes are not patentable.


There is meanwhile another controversy brewing; Doctors Without Borders have just issued the following statement:

Six organizations appealed today the European Patent Office’s September decision to uphold US pharmaceutical corporation Gilead Science’s patent on the key hepatitis C drug sofosbuvir. The appeal—filed by Médecins du Monde (MdM), Doctors Without Borders/Médecins Sans Frontières (MSF), AIDES (France), Access to Medicines Ireland, Praksis (Greece), and Salud por Derecho (Spain)—states that the European Patent Office (EPO) should revoke Gilead’s patent because it does not meet the requirements to be a patentable invention from a legal or scientific perspective.

The appeal comes exactly five years after sofosbuvir was first approved for use in the US, where Gilead launched the drug at $1,000 per pill, or $84,000 for a 12-week treatment course. The corporation has made more than $58 billion from sales of the drug and its combinations in the last five years.


Catherine Saez (Intellectual Property Watch) soon followed with this coverage:

Six organisations, including Médecins Sans Frontières (MSF, Doctors Without Borders), today appealed a European Patent Office decision to uphold Gilead Science’s patent on hepatitis C drug sofosbuvir.

In September, the European Patent Office (EPO) upheld Gilead’s patent on sofosbuvir in an amended form (IPW, Public Health, 13 September 2018).

MSF, along with Médecins du Monde (MdM), AIDES (France), Access to Medicines Ireland, Praksis (Greece) and Salud por Derecho (Spain), filed an appeal requesting that the EPO revoke Gilead’s patent. They argue it lacks the patentability requirement “from a legal or scientific perspective,” according to an MSF press release. The filed appeal document was not available at press time.



Intellectual Property Watch has also just published "OECD Report Presents Policies To Balance Innovation With Access To Medicines" and they mean patents rather than innovation (they try to make it synonymous for propaganda's sake or self-serving purposes). To quote:

The Organisation for Economic Cooperation and Development (OECD) has released a new report that presents policy options for countries to strike a better balance between promoting financial incentives for pharmaceutical innovation and ensuring affordable access to medicines. Finding this balance, the report explains, will be essential for ensuring the sustainability of health systems.


Where have the board been when it comes to stopping abstract patents on mathematics and actually enforcing the EPC? The EPO has just finished an event that promotes software patents in Europe and all that Intellectual Property Watch wrote about it was this puff piece, based on this misleading outline (warning: epo.org link) that the EPO published yesterday. To quote:

The number of blockchain inventions is mushrooming, and the European Patent Office wants to ensure it handles the increasing patent applications consistently, officials said at a 4 December conference that brought together around 350 patent examiners and practitioners.


Only them? Well, the EPO is no longer shy to break the law and to promote software patents provided it uses surrogate names and terms. That's a problem, but who's going to stop this when one President controls everything, attacking judges and even turning his boss into his assistant in a few weeks? As some insiders rightly claimed, Campinos now makes himself even more powerful than Battistelli and if the FCC was ever to approve the UPCA, things would go truly mental, giving a corrupt Office power over courts in the whole of Europe.

Recent Techrights' Posts

Russian "Hybrid Attacks" Are Typically Microsoft TCO and/or Windows TCO (Total Cost of Ownership)
Information-related warfare relies a lot on computer systems
It Seems Like IBM is Firing 'Everybody' (Anywhere, Any Age, No Matter What Team)
Healthy companies would sack IBM's management (sacked by Board, bylaws etc.) but IBM is a sick company
Latest Stallman Talk (Event in Argentina) Published
Less than a day ago they released his talk
LLM Slop Becoming Rarer
Today we've found no LLM slop in our RSS feeds regarding "Linux"
 
Google News is Google Noise
Google News is really hopeless, even on weekends
IBM: We Pay You to be Obedient or Deny You What You're Entitled to If You Don't Act Obediently
Good luck starting legal battles with a company that has almost as many lawyers (including aggressive patent lawyers) as it has geeks
Links 13/12/2025: Jimmy Lai and Media Freedom on Trial, "OpenAI Researcher Quits, Saying Company Hiding the Truth"
Links for the day
Gemini Links 13/12/2025: Extensive Catchup With Gopherholes
Links for the day
Deliberate Lies or Glaring Distortions
Calling Torvalds anything "Soviet" or "Russian" would overlook the fact he comes from Finland and has Swedish roots
Canonical and Ubuntu: Working for Microsoft, Promoting Proprietary Surveillance (Dis)Services
Canonical started with a rich and overambitious Debian Developer. He wanted to become richer.
EPO People Power - Part XI - The Media in Europe is Ill and Complicit in Ills
We must all recognise that there's a problem here
Running With Technology
At least they always run Linux (all of them, since 2015)
Dealing With "Tech Cults"
If you think you identified a "Tech Cult", walk away
GAFAM is a Financial Problem and Sovereignty Risk, a Policy-Level (National Level) Boycott is Needed
Europe has plenty of skilled computer engineers
2026 Could Very Well be Last Year of XBox, Microsoft Dropped the Ball
It would be shocking is XBox can stage any kind of comeback
Links 13/12/2025: Social Control Media Bans and "Could Finland be Hiding a Blue Zone?"
Links for the day
Expecting Mass Layoffs, More Microsoft Workers Join Unions
they see tough times ahead
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 12, 2025
IRC logs for Friday, December 12, 2025
Links 12/12/2025: GAFAM Now Trying to Settle With Remaining News Sites It Plagiarised, "NATO's Rutte Says Alliance Is 'Russia's Next Target'"
Links for the day
Gemini Links 12/12/2025: Bad Joke, Western Union Blues, and More
Links for the day
Life Began at 40
This is what I wanted to do all along
To Linus Torvalds, the Microsoft Linux Foundation is Increasingly a Liability and Risk to the Brand
If Torvalds is no longer in control or "in charge", then somebody else is
EPO People Power - Part X - Together, We Can Fix the EPO
every call for action matters
IBM Layoffs in Europe as Well
IBM is a collapsing, dying old brand
EPO People Power - Part IX - Insiders Say the EPO's Chief Propagandist Effectively Ousted (on Fake 'Sick Leave') Because of Reporting by Techrights
So the EPO is in effect rewarding a cocaine addict
Litigation Transparency Until 2030 or 2031
The ultimate goal is to 1) improve the British legal system and 2) raise awareness of how this system works
Links 12/12/2025: Thunderbird Adds Proprietary Plug, "Catch-22 of Canadian Digital Sovereignty" Explained by Michael Geist (About GAFAM/US)
Links for the day
Developing Some New Software for the Sites
Sites that are static are in more control over their future and present direction
Julian Assange on Fake Activists in Silicon Valley
Julian Assange on Fake Activists in Silicon Valley
"In a modern economy it is impossible to seal oneself off from injustice."
― Julian Assange
EPO People Power - Part VIII - The Chipmunk on Cocaine, Now Deleting Videos
video has been removed
What If the Economy Isn't "Down" But Mostly Diverted? (While "AI" Fills a Gap for Capital That No Longer Exists in Tech)
"AI" is an "Arms Race", because they need to be bailed out by taxpayers' money
Techrights Site Search Was a Success After All
A few hiccups dealt with, ironed out
Valve's SteamOS, Microsoft Canonical's Ubuntu, and Other Platforms That Only Leverage Free Software (But Won't Protect It)
Ubuntu "took off" not because it was very good or very easy. Ubuntu "took off" because of ShipIt, i.e. because of a multi-millionaire subsidising its mass distribution (at a personal cost).
The Free Software Foundation (FSF) Paid Respect to Its Founder This Year, Now It Wants You to Join
We're glad to see the FSF paying respect to its founder in its Web site
2026 Guaranteed to Give Us Compromised Media Funded by "AI" Boosters to Promote "AI" and Sometimes be Composed by "AI" (Chatbots)
follow the money of the Ponzi scheme
Under IBM, Things Culminate at "AI-Equipped Customer Experience Transformation" at Red Hat
Whatever that even means
Andy Farnell and Helen Plews Now at the Wheel in Cybershow
Cybershow (Cyber|Show) has very good blog posts and episodes
Microsoft Trims More Jobs
The worst layoff year in 20 years, by the numbers
EPO People Power - Part VII - The Corporate Media and the Reference Sites (e.g. Wikipedia) Are Already Compromised and Complicit
Looking back at the whole thing, it's clear to me that Europe does not really have free press
EPO People Power - Part VI - Criticism Not Permitted, Media Subjected to Contempt by Cocaine Addicts Who Manage the Press for the EPO
Why won't any large publisher in Europe cover this? What does that say about the state of journalism in Europe?
"Smart" or "Intelligent" Agents and "Vibe Coding" Deletes Everything You Have
A high price to pay, no?
New Paper Shows That EPO "Growth" is Dictated From Above, Not Earned (More Monopolies Granted by Breaking Rules, Laws, Conventions)
"Targets for 2026 are currently being handed down to individuals."
EPO People Power - Part V - The European Media is Practically Dead When It Comes to Covering European Patent Office (EPO) Corruption
That sort of sums up where European media/press stands
Datacentre and Server Maintenance Next Week
The last time we rebooted into the latest stable kernel was 96 days ago
Afraid of Words, Not Afraid of Actions
Those corporations want us to bicker over words, not their actions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 11, 2025
IRC logs for Thursday, December 11, 2025
IBM Workers Still Blast IBM Management for Firing Loads of Workers While Overpaying to Buy Useless Companies
IBM's CEO is killing the cow
LLM Slop About Linux Still Seems Scarce
LLMs aren't dead, but metrics published online say that their usage is fast declining
Links 12/12/2025: Oracle Shares Collapse After Slop Bubble Inflated (Circular Funding/Financing One's Own 'Clients'), "Trials by Jury" in UK Considered
Links for the day
Gemini Links 12/12/2025: 'Kinetic Energy' and Browsing Geminispace With a GUI, TUI, or CLI Client
Links for the day
Links 11/12/2025: Escalations Around Japan, Software Patents Found Invalid
Links for the day
Killing the IBM Cash Cow, Raising Massive Debt Instead
In a healthy company, the CEO and CFO would get sacked on the spot for doing so. But IBM is not a healthy company, it's just a sick cow being milked to death.
Links 11/12/2025: Dangerous Flukes by Slop and Bottled Water as 'Placebos'
Links for the day
Gemini Links 11/12/2025: Repairs, Wisdom of the Crowds, and AC Explorations
Links for the day
Those of Us Who Grew Up Playing Doom Must Remember What Microsoft Did to Its Creator
Doomed by Microsoft
We Need Your EPO Insider Stories
To date, the EPO and any other company/institution hasn't managed to remove even a single public page that we published
Yes, IBM is Also Laying Off Indians (Even in India)
that goes against the popular/hot narrative of "jobs moving to India"
At The Register MS, Fake 'Articles' Sponsored by WIntel (Windows+Intel)
We've meanwhile noticed that there's new sponsored spam in at The Register MS and it might be slop
Microsoft-Sponsored Wikipedia Spam About "AI", Added by Microsoft Operatives
When it comes to Wikipedia, follow the money (sponsors)
Keep on Pushing, EPO Management is in a State of Panic This Week
Contact your representatives today
In Addition to National Delegates, Contact the French or Portuguese Governments (Politicians) Regarding António Campinos
Someone needs to step into the EPO and open up all the closets
EPO People Power - Part IV - Sexism, Chauvinism, and Lines of Cocaine at Europe's Second-Largest Institution
Recently, one reader told us about Berenguer, who made the "mistake" of using cocaine in the open market
If You Want Freedom, Follow Richard M. Stallman (RMS)
To be clear, I like Linux, I like its founder
EPO People Power - Part III - Challenging Corruption
The media - as in the national press - isn't interested in writing about it
The Flawed Notion of Criticising for Criticism's Sake
People who are highly critical of things are not "toxic"
A Lot More Than Techrights
you probably also want to follow the RSS feed of the sister site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 10, 2025
IRC logs for Wednesday, December 10, 2025