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

Corporate Media: Blame the People Who Enter the Abandoned IBM Buildings, Not IBM for Abandoning Workers in Pursuit of IT Sweatshops
When the media spreads falsehoods stocks can go up (a lot higher), but at whose expense and how long for?
 
GNU/Linux Approaches 5% in Australia
5% by year's end?
How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled
Europe/EU is Moving Towards Independence, Fast to Adopt Free Software
More and more states (governments, public sector) in Germany are dumping Microsoft
GNU/Linux Grows at the Expense of Windows
People who want to get work done already left Windows
Tux Machines Growing as a Volunteers-Run Site
Historically the site did not have many original stories, but this changed as the audience grew and the site gained more recognition
Links 12/07/2026: European Commission Versus ‘Addictive Design’, "Google Loses Final Appeal Over $4.7 Billion EU Android Antitrust Fine"
Links for the day
GNU/Linux Market Share Increases Some More Today, statCounter Measures It at 7.3%
Will more such thresholds and records be broken?
Gemini Links 12/07/2026: Studying Languages and 2026 Old Computer Challenge (OCC)
Links for the day
EPO "Cocaine Communication Manager" - Part XIII - At the EPO, Cocaine Addicts and Their Friends Are "Protected Class"
What does that tell us about the EPO?
Increasing Output by Focusing on Originals
It's probably more important to carry on with these than it is to keep abreast of non-crucial news
Amid Strikes and Industrial Actions, Young Professionals at the European Patent Office (EPO) Kept on 'Short Leash', According to the Local Staff Committee The Hague
Issues affecting Young Professionals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 11, 2026
IRC logs for Saturday, July 11, 2026
Blogs May be Making a Comeback (They're Not Fediverse, They Are Joined by RSS Feeds)
Don't fake expansion where none existed
ChromeOS and GNU/Linux in the United Kingdom Reach 11%
the UK shows signs of digital maturity
Canonical is Selling Microsoft, It Pays The Register MS to Sell Microsoft
It's all about money to them. And they call this journalism.
When Red Hat's HR Becomes the Same as IBM's HR (Bluewashing)
Red Hat keeps sacking very experienced engineers and adding temporary interns
GNU/Linux Growing in East Asia
Assuming this is more or less accurate, we could use a plausible explanation
SUEPO Munich Report on the Recent EPO Demonstration and Rolling Strikes That Continue to Grow
"increasing registrations for the 'rolling strikes' running until autumn"
Over a Week After Microsoft Discontinued Some XBox Models It Apparently Exits Some Markets Altogether
We seem to be witnessing the end of XBox
Gemini Links 11/07/2026: Old Computer challenge, Poems, Antenna, and More
Links for the day
Links 11/07/2026: "Trademark wars of Influencer Culture", Xinuos Uses Copyrights Versus UNIX
Links for the day
North America: GNU/Linux Measured at 10%
To better understand what contributes to the gains
Following Corrections and Adjustments statCounter Sees GNU/Linux at 7.1%, an All-Time High
There is a lot of layoffs at Microsoft this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 10, 2026
IRC logs for Friday, July 10, 2026
Links 11/07/2026: Wednesday-Saturday News Catch-up
Links for the day
Prioritising High-Importance News
In order to fully catch up with news we'll not publish many new articles until next week
The Register MS: "AI" More Than 80 Times in One Article. But It's Not an Article, It's Sponsored Keyword-stuffed Page.
The Register MS is being paid to actively promoted this scheme
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 09, 2026
IRC logs for Thursday, July 09, 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 08, 2026
IRC logs for Wednesday, July 08, 2026