Bonum Certa Men Certa

Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

What good is "justice" one reaches while pressured to rule in a particular way (to appease senseless patent maximalists)?

Mafia Battistelli



Summary: The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?

Patents on life/nature and algorithms are rotting away at the U.S. Patent and Trademark Office (USPTO). They just wait to expire. Nobody wants to assert these in court even if they get granted (more new examples in our daily links), knowing that 35 U.S.C. €§ 101 is lurking around the corner and SCOTUS isn't changing its mind.



How about Europe?

As we've just noted, Team UPC tried bypassing the existing court system, but this has failed spectacularly. There's no legal basis for changing a functional system with one associated/stained by the banana republic known as EPO. For the time being, lenient (on patents) rulings come from the Boards of Appeal, which repeatedly complain that they lack independence and fear the President of the Office. It's a constitutional crisis unprecedented in that context.

Over at JD Supra (site for law firms to post their self-serving 'articles'), Cooley LLP's Steve Cuss and Colm Murphy speak of "The EPO’s Approach to the Patentability of Plant-Related Inventions" -- a subject we've been covering a lot in recent months because it resurfaced in the media after the Boards of Appeal had issued a controversial decision. The highest European authorities declared such patents null and void; why does the corrupt European Patent Organisation keep granting and then justifying these? Can any judges "internal" to the EPO challenge that? Cuss and Colm started with the following introduction: (marked as press release, not article)

Last month, the European Patent Office (EPO) issued the much anticipated Written Decision associated with case T1063/18. We have previously written about this case in our alert "EPO May Return to Patenting Plants Obtained by an Essentially Biological Process", where we discussed how the EPO's approach has appeared to flip-flop between either excluding or not excluding claims directed to plant products that have been obtained by an essentially biological process. T1063/18 firmly adopts the stance that claims directed to such products are patentable. However, whether this position will be maintained by the EPO is unclear.

As we previously reported, the EPO announced the take-home message of this Decision in an earlier press release, such was the interest surrounding the Decision. The now-issued Decision is consistent with that announcement and provides the Board’s reasoning. The Board also provides an explanation of when, in its opinion, this issue should be referred to the Enlarged Board of Appeal (EBoA); i.e. when the EPO’s approach should be reconsidered.

This Decision is the latest development in a long-running debate relating to the patentability of plant-related inventions under the European Patent Convention (EPC). Broadly speaking, three separate points of law have been the subject of debate since the EPC was adopted. These are: i) when product claims directed to plant varieties are patentable, ii) when methods for the generation of plant products are patentable, and iii) whether plant products are patentable even if they have been obtained by unpatenable methods. To put the latest decision in context, we describe this background below.


Common sense alone should convince the vast majority of EPO examiners that things have gone too far. Why are pigs being patented? Are they inventions? Did humans invent pigs? Remember that recent 'Teffgate' as well. Did Europeans invent something that always existed and Africans have practiced for thousands of years? Is that novelty? It's an outrage, it's not novelty. It's a scandal that such patents -- European Patents nonetheless -- get granted in the first place.

Regarding opposition procedures, which are also overseen by the corrupt management of the EPO, GenomeWeb has just published this:

Streck said today that the European Patent Office earlier this month upheld a European patent it holds on blood collection tubes for noninvasive prenatal testing, following opposition proceedings by Roche.


Shades of Elizabeth Holmes/Theranos?

Take it to courts. The courts outside the EPO. There can be no patent justice inside the EPO because the whole structure got corrupted and people who ignore the rules and break laws now reign over judges. These judges cannot do what's right without risk of becoming unemployed. António Campinos has offered no reprieve or compensation to Judge Corcoran, who apparently sank into deep depression after he had rejected software patents and got in trouble for passing around what everyone else in the EPO passed around as well (truthful information about corruption).

Recent Techrights' Posts

Extortion is a Crime, Even If You're Based in Another Continent and Work for Microsoft
reported to British authorities
 
Slopwatch: LinuxTechLab, Planet Ubuntu, Anti-Linux FUD, and Microsoft SPAM
It's not easy to altogether avoid take articles these days
Gemini Links 06/06/2025: "MBA Tear" and Slop ('AI') as Plagiarism
Links for the day
Links 06/06/2025: "Convicted Felon and MElon Trade Insults" and Europe Snubbed by US Again
Links for the day
Links 06/06/2025: Microsoft XBox Bracing For More Mass Layoffs, Climate Disaster, Fake 'Money' Tokens From US President
Links for the day
Gemini Links 06/06/2025: Vanishing Cultures and MElon Implosion
Links for the day
We're in 6/6 Now, Almost Halfway in 2025
2025 was probably the best year for us
South Americans Are Saying Goodbye to Microsoft
We're hardly even "Cherry-Picking" or conveniently singling out one South American nation
Abuse Inside the Polish Patent Office (UPRP) - Part III: Data Protection Failures, Just Like at the European Patent Office (EPO)
Just less than a decade ago we showed that the EPO had illegally shared staff data with third parties
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 05, 2025
IRC logs for Thursday, June 05, 2025
Pushing Microsoft's Proprietary Trash/Trap as "Open" and "Linux" (Windows is 'Linux' Now?)
Maybe it's time to just stop saying "FOSS". The people who use that term are promoting Microsoft.
Slopwatch: Comparing Linux to Vermin, Attacking BSD With LLM Slop, and Helping Microsoft Demonise Linux/OpenBSD/SSH Over Weak User Passwords
Microsoft must be laughing its arse off, seeing how a bunch of Serial Sloppers (no skills, no comprehension, no integrity, no creativity) and slopfarms use Microsoft LLM to flood the Web with anti-Linux FUD
Links 05/06/2025: US Poised for Another $2.4 Trillion to Debt, Cops Want GAFAM Kill Switches
Links for the day
Links 05/06/2025: First US Spacewalk 60 Years Ago, GNU Octave 10.2.0 is Out
Links for the day
Scandinavia Saying Goodbye to Microsoft
The Danes have had enough of Microsoft
GNU/Linux Measured at 6% in Bangladesh, According to statCounter
Windows isn't growing, it's going away
Nat Friedman Had Left Microsoft GitHub Exactly One Week Before Matthew Garrett Sent His First SLAPP (Which Was an Empty Threat, He Was Abusing the Legal System of Another Continent to Terrorise Critics Who Had Just Unearthed Major Microsoft Scandals)
And it was likely talked about by his lawyers around the exact same time Nat Friedman was packing up
Gemini Links 05/06/2025: Loop Earplugs Review and ANS Forth
Links for the day
Armenian Adoption of GNU/Linux
Russian influence in Armenian must be worrying to Microsoft
Abuse Inside the Polish Patent Office (UPRP) - Part II: Turning a Once-Respected Patent Office Into a Circus and Laughing Stock
It's not legal, but administrators who don't care about the law and don't fear the law would just go ahead and turn things to junk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 04, 2025
IRC logs for Wednesday, June 04, 2025
Slopwatch: Mindless Slop Pieces, Fake Images and Text, Linux FUD on the Cheap
spewed out by Microsoft-controlled LLMs
Links 04/06/2025: Workers' Strikes, Sudan Exodus
Links for the day
Links 04/06/2025: Linux Foundation PR Spam and Lee Jae-myung Wins Election
Links for the day
Gemini Links 04/06/2025: Future Leaders of the World and Platforming Jordan Peterson
Links for the day
Links 04/06/2025: WSL Backfiring on Microsoft and "Disney, Microsoft Announce Massive Layoffs"
Links for the day
Our Case is a Very Easy Win, the SLAPPs From Microsofters Were a Grave Error, and Censoring Information Won't Work (It'll Only Ever Backfire)
Censoring is what people do when they lose the argument
Say the Truth, the Rest Will Follow
There's no guarantee that writing the truth will result in an audience (or readership), but over time - in the long run - people generally gravitate towards what they know or feel to be crude truth, not just what's comforting (albeit false or self-deluding, usually groupthink dictated from above)
How to Expose High-Level Corruption Without Getting in (Too Much) Trouble
Democracy depends on free press and freedom of the press depends on being able to safely publish (and keep available) material that bad people don't want to be known to anybody
In-Depth EPO Coverage at Techrights Turns Eleven
11 years is a very long time
Windows Measured Below 10% in Afghanistan, GNU/Linux Gaining a Lot
about 80% are Android (Linux) users, compared to only about 10% for Windows
Poland's Political Predicament and Social Control Media
Democracy and fake "tech" don't mix well; the latter tends to interfere with the former and that's why we get more "Putins" out there
EPO: Taking Away From the Staff to Give More to the Rich
The Central Staff Committee (CSC) wrote to EPO staff earlier this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 03, 2025
IRC logs for Tuesday, June 03, 2025
Abuse Inside the Polish Patent Office (UPRP) - Part I: It's a Lot Like the EPO
we can commence a series soon
Gemini Links 04/06/2025: Inescapable Questions and Quitting All "Oligarch Tech"
Links for the day