Bonum Certa Men Certa

Dimitris Xenos on Unconstitutional Supranational Arrangements for Patent Law: Leaving Out the Elected Legislators and the People’s Participatory Rights

By Dimitris Xenos, School of Law and Social Sciences, University of Suffolk, Ipswich, UK

Dimitris Xenos paper on the European patent system



Summary: A new paper from a British scholar proves to be timely because of the EPO's violations of the European Patent Convention (EPC) and failed push to force-feed Europe with the unconstitutional Unified Patent Court (UPC)

THE European Patent Office (EPO) has long granted patents in defiance of the EPC and Parliament? Who's to stop it? It's structurally above the law, as it has even demonstrated in the highest Dutch court. Who can compel António Campinos to stop granting software patents in Europe? The Parliament/Commission asked for that to stop and it also asked for patents on life/nature to no longer be granted. Did the EPO listen? No, it only pretended to. To keep up appearances.



"The Parliament/Commission asked for that to stop and it also asked for patents on life/nature to no longer be granted. Did the EPO listen? No, it only pretended to. To keep up appearances."Well, a new paper has just been published [1, 2] to deal with some profound questions. Its author, writing in Twitter this week, spoke of 'unitary' patents among other things. It's "a constitutional examination of the European patent system as well as of unitary patent," he summarised. Remember that the UPC has already been ruled unconstitutional in the Hungarian court. For Germany this ruling is an ongoing affair. No other country even checked! They didn't bother checking the constitutional status of what they're ratifying.

We worry greatly that the EPO is a 'monster' out of control. It just grants patents on everything conceivable with the goal of increasing revenue, as we've just noted. When the public fights back, e.g. protests in Germany, the EPO invokes its magical "supranational" status. Notice how, as recently as yesterday, press in Munich (IPPro Magazine) referred to "No Patents on Seed" as a "pressure group" (the headline is "Pressure group calls for ending to EPO plant patent 'legal chaos'"). They keep referring to public interests as "pressure group" and did it several times in recent weeks. We saw that in IPPro Magazine and another site that used similar language. From the article:

Pressure group No Patents on Seed’s report covering conventionally bred patents granted by the European Patent Office (EPO) called for an end to “the legal chaos”.

The report details the plant patents granted by the EPO in 2018 and at the beginning of this year. It called for an end to “further monopolisation of resources for producing our daily food” and “the legal chaos at the EPO”.

No Patents on Seeds’ report also stressed the need for patents granted on processes of genetic engineering to have their scope confined to the specific technical processes.

Patents that cover the process of conventional breeding, as well as on plants an animals derived are prohibited by rule 28(2) for the interpretation of the European Patent Convention (EPC).

According to the report’s findings, around 60 new patent applications covering conventionally bred plants were filed, but none were granted to companies Bayer, Syngenta, or DowDuPont, who have allegedly broken rule 28(2) of the EPC with plant-related patents at the EPO on previous occasions.

No Patents on Seeds alleges that the EPO “was afraid of further public protests against these patents and therefore refrained from granting them”.

The group’s report stressed that EPO president António Campinos “needs to stop ongoing proceedings to ensure that no further such patents are granted”.


Didn't the European authorities (let alone the EPC) make themselves clear enough? Does Campinos intend to keep pretending he's above the law and the Office can just do as it pleases? And then it wants to also assert control over the court system, EU-wide (UPC)? Amazing. Dictatorial.

Recent Techrights' Posts

Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
 
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026