Bonum Certa Men Certa

EPO Boards of Appeal Still Need Independence

Mafia Battistelli



Summary: The 'gangsters' who are running the EPO prevent judges from daring to rule against patent maximalism (knowing their work contract might not be renewed as a result)

THE European Patent Office (EPO) issued (warning: epo.org link) this announcement yesterday: "The Technical Board of Appeal set the EPO's decision aside and remitted the case back to the patent examiners for further consideration. The Technical Board of Appeal stated inter alia that Rule 28(2) EPC "could not be interpreted in such a way that it was not in conflict in conflict" with Article 53(b) EPC as interpreted by the Enlarged Board of Appeal in decisions G 2/12 and G 2/13."



"Imagine what would happen if Iancu controlled US judges."The problem is, the EPO is granting patents on life and nature (seeds, plants, animals), contrary to orders from Europe and the EPC. Who's going to stop this madness? A remittance does not tackle the issue and the matter is seen by a Board subservient to the Banker in Chief (old French friend of corrupt Battistelli) as a matter of abstinence (they abstain from making a decision). What the heck is going on? This should be a "slam-dunk" case. Thorsten Bausch has just weighed in as well. He wrote this: "The much awaited decision T 1063/18 by Technical Board of Appeal 3.3.04 in a five-member composition has been published today. The patent application under appeal related to new pepper plants and fruits with improved nutritional value, and the decision did indeed turn out to be quite peppery, at least in regard to the EPO Administrative Council’s attempt to prohibit the patenting of plants by way of the addition of the “interpretative” Rule 28(2) EPC.

"To begin with, the Board reminded itself of the existing case law of the Enlarged Board of Appeal (EBA) on Art. 53(b) EPC, which stipulates that European Patents are not to be granted for plant or animal varieties or essentially biological processes for the production of plants or animals. The question then put before the EBA was whether this exclusion also extends to plants or plant material or part of plants other than a plant variety"

Why is this even a question? This should be trivial, based on common sense, let aside the law. Meanwhile, as we pointed out in recent weeks, Syngenta's highly controversial patent has been challenged and, as we've already noted, the patent is now gone; the EPO should never have gone this far with such patent applications and they only grant these because they're driven by patent maximalism. Alessandro Mancosu (IEG Policy) wrote this text a couple of days ago:

The European Patent Office (EPO) has officially revoked a patent granted to Syngenta on a tomato variety, after the company's decision to withdraw it, which anti-GM campaigners claim is due to a public outcry over the patent.


This is a case of escape/retreat rather than defeat. Do they hope to dodge a precedence they would not like? Either way, the EPO continues to mumble on this critical issue of patents on natural phenomena and the EPO Boards of Appeal need real independence; they have none of that, seeing that even under António Campinos their colleague is having his whole life (not just his career) destroyed. Imagine what would happen if Iancu controlled US judges.

Recent Techrights' Posts

Links 12/10/2024: TikTok Layoffs and Risk of More Wars
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 11, 2024
IRC logs for Friday, October 11, 2024
Gemini Links 11/10/2024: Against Cynicism, on Atheism, and Dropping Off The Internet
Links for the day
IBM Employees Smell Another Wave of Mass Layoffs (and Explain the Signs)
IBM currently has the policy of hiding the layoffs from shareholders and from the press using NDAs
Links 11/10/2024: Lots More Censorship and Growing Concerns About Health Impact of Social Control Media
Links for the day
Going Almost 4.5 Decades Back to Find 'Dirt' on a Person
That incident was 42.5 years ago. Is that how far some people would go in an effort to discredit a person?
XBox is Dead. This is Just the Beginning.
the main reason Microsoft bought Activision/Blizzard was to hide the growing losses and failure of XBox
The Risk to the "Linux" Brand
Brands that are not guarded from misuse/abuse will inevitably lose their original meaning and their value
Gemini Links 11/10/2024: Deploying Common Lisp Programs and Examining FreeBSD
Links for the day
Links 11/10/2024: Discord Still Blocked in Turkey, Google Might be Split
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 10, 2024
IRC logs for Thursday, October 10, 2024
LinuxSecurity (Guardian Digital, Inc) Sloppy With Its 'Linux' Slop
This kind of stuff is killing the World Wide Web and ruins human knowledge
[Meme] Chin-dropping and Jaw-dropping (Considerable Drop in Patent Validity and Quality)
This drop is very much intentional
Gemini Links 10/10/2024: Untruth, SSH, Gopher, and More
Links for the day
Geminispace Beyond 4,100 Capsules
4,000 was less than 8 weeks ago
Links 10/10/2024: TikTok's Legal Problems, WeblogPoMo Challenges
Links for the day
[Meme] European Patent Convention and Vienna Convention Became Only Fictions (Laws and Constitutions Are Now Works of Fiction in Europe)
A political crisis and blunder
Almost a Thousand EPO Staff Protesting to EPO Member States That the Office Illegally Grants Software Patents and Other Invalid European Patents
"The outcome confirms that the concerns about the EPO’s ability to grant legally sound patents remain"
Loss of Technical Merit(ocracy)
"buzzword diplomas"
Junk Science
science is being compromised for business purposes
[Meme] Dismantling .io (Stick a Fork, the Hype is Done)
NVIDIA is an excellent new example of hype driving up fictional "value"
UNIX is 55 This Year, It is 6 Years Older Than Microsoft
It should be noted that the surviving co-creator of UNIX, Ken Thompson, 'moved' to GNU/Linux (Debian) in recent years
This Year, for the First Time Since August 2019 (Bill Gates MIT Scandal, Jeffrey Epstein Bribes), libreplanet-discuss Was Inactive an Entire Month
The MIT injustice remains and recent "libreplanet" events were held in a venue that's not MIT and far less prestigious than MIT (the "Wentworth" imitation)
[Meme] Different Ending for Jurassic Park
UNIX in old movies
Evolution of Hype
Passing fads and rebranding
Groklaw Will Hopefully Come Back
Sites should be able to run for decades with hardly any human role/interaction, but that's not where we are...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 09, 2024
IRC logs for Wednesday, October 09, 2024