Bonum Certa Men Certa

Even Patent Maximalists Are Not Happy With António Campinos Referring Question of Patents on Life to the Enlarged Board of Appeal

Two months ago: Teff is Not an Invention. Teff is Nature.

Purple flower



Summary: The EPO keeps granting patents on life and nature (likely to be rejected by actual courts) and in order to add some "legal" veneer to this notorious if not illegal practice the EPO keeps issuing ridiculous statements which even patent maximalists aren't pleased with

THE European Patent Office (EPO) is becoming lousier than the U.S. Patent and Trademark Office (USPTO) when it comes to patent quality, thanks to Battistelli and fellow Frenchman António Campinos, an old friend whom he gave the job to (he had arranged this appointment behind the scenes, as we covered at the time).



"Does the Office wait for a decision? No. In the midst of supposed 'uncertainty' it's just granting patents on life and nature."Does the EPO want to ever repair its shattered reputation? Obviously not. It hopes that some "legal theatre" will do the job, but people aren't falling for it. The way people see it, the EPO continues to pursue ways by which to break the law (and grant illegal patents on life and nature). But does it work? Nope.

Even Kluwer Patent Blog isn't buying it!

This new anonymous article is quoting some recent comments and then CIPA. The position of CIPA was mentioned here twice in the past week. Here are some portions:

The decision of the Administrative Council of the EPO to refer to the Enlarged Board of Appeal (EBA) decision T 1063/18 on the patentability of plants obtained by essentially biological processes has been criticized from various sides.

A week ago, during the 159th meeting of the EPO Administrative Council, president António Campinos said his referral of the case to the Enlarged Board of Appeal was ‘justified and necessary’ and, according to a press release, he received ‘broad and overwhelming support’ for this. Campinos announced that he would ‘proceed swiftly to submit the referral (…) to restore legal certainty fully and speedily in the interest of the users of the European patent system and the general public.’

[...]

It is not clear whether EPO president Campinos has already submitted the referral of case T 1063/18 to the Enlarged Board of Appeal and when the EBA will decide about it. But considering the reactions in just one week’s time, one can conclude that the referral will unlikely lead to Campinos’ proclaimed aim of restoring ‘legal certainty fully and speedily in the interest of the users of the European patent system and the general public.’ And it is a reason for concern that the Administrative Council, which has often been criticized in the last years for not controlling the president (for instance in the deep social conflicts, which unfortunately are far from over at the EPO) has given this obviously legally very questionable measure its ‘overwhelming support’.


It's curious that the EPO has just issued yet another statement on this matter (warning: epo.org link) a little more than a day ago (late on Friday, as usual). This is the second time in a week:

Today, pursuant to Article 112(1)(b) EPC, the President of the EPO has submitted questions to the Enlarged Board of Appeal which relate to the patentability of plants exclusively obtained by essentially biological processes and to decision T 1063/18 of a Technical Board of Appeal of December 2018. In the referral the President of the EPO seeks the Enlarged Board of Appeal to clarify the applicable legal framework.

The EPO reacts to the concerns expressed by the Contracting States, the user community and representatives of civil society who are worried about legal uncertainty resulting from decision T 1063/18.

The President of the EPO considers the referral to the Enlarged Board of Appeal as an important step on the way to restore legal certainty in the interest of the users of the European patent system and the general public.

The possibility of a referral to the Enlarged Board of Appeal was presented end of March at a meeting of the Administrative Council and met with broad support.


The above was published along with another late Friday puff piece (warning: epo.org link) about the monarchy of EPO finding another monarchy to liaise with (Battistelli used to do that with former French colonies run by autocrats like himself).

As usual, Campinos is quoted to personify the Office. There's no photo op this time around.

Does the Office wait for a decision? No. In the midst of supposed 'uncertainty' it's just granting patents on life and nature. Like a printing machine!

Genetic Engineering & Biotechnology News has just covered a disturbing new development that was mentioned the other day by advocacy sites of patents on life and nature. To quote:

The European Patent Office (EPO) has granted a third CRISPR-Cas9 patent to the regents of the University of California (UC), the University of Vienna, and CRISPR pioneer Emmanuelle Charpentier, PhD, director and scientific member at the Max Planck Institute of Infection Biology, Berlin.

EPO Patent No. 3,401,400 claims methods and compositions of using CRISPR/Cas9 to modify DNA and regulate gene activity in eukaryotic cells, including kits to carry out such work. The patent was granted March 1, but disclosed through publication by EPO on Wednesday.


An also mentioned the other day was a press release about RealD's European Patent, which it is celebrating in paid press releases and puff pieces (e.g. in "Advanced Television" yesterday) simply because the Opposition Division did not throw it out. To quote the "Advanced Television" puff piece:

3D specialists RealD has won a Patent action against German-based Volfoni and its associated companies which protects its IP.

On April 4th, RealD said that the European Patent Office’s (EPO) Opposition Division has upheld the validity of another of its key patents for light-doubling 3D cinema projection systems. As a result, RealD’s European patent that covers triple-beam 3D cinema projection systems (EP2846180) remains in full force.


The Opposition Division is not an appeal board or a patent court. In fact, as we pointed out before the weekend, the Opposition Division does not even enjoy independence from the autocratic management of the EPO. The Opposition Division doen't exercise true freedom and based on the latest 'circular' from SUEPO examiners who point out declines in quality (examination, assessment, reassessment) face scorn if not threats from management.

Suffice to say, software patents are still being granted (abstract European Patents) and the EPO could be seen promoting these again under the guise of "blockchain" in a Friday tweet: "The #patent landscape needs to develop in tandem with #blockchain, a growing technology."

They allude not just to management of EPO data but to EPO granting patents on things with linked lists or databases in them, even if they're purely software. This is illegal. It's in violation of the EPC.

Recent Techrights' Posts

Perpetual Strikes to Begin at European Patent Office (EPO), Large Majority Votes for Strikes Any Day of the Week
Approved industrial actions [...] Notice how none of the media or even so-called 'IP' blogs write about it
 
Slides From the Presentation Discussing EPO Strikes Until End of June or Until End of 2026 (Maybe Next Year Too)
More to come soon (later today)
IBM Cuts Are Everywhere (Global), the Aim is to Lower the Pay
Because the revenues keep falling (IBM buys other companies' revenues using borrowed money)
Mozilla is Not a Privacy Company, Mozilla is Run by GAFAM Executives and Managers Who Came From American Surveillance Companies
Would you trust a VPN they claim to be "free"?
SLAPP Censorship - Part 25 Out of 200: That Time Matthew J. Garrett Got Temporarily Banned/Suspended From Twitter
That he gets banned from large social control media platform is hardly surprising given his combative communications
Ubuntu Started as Free With ShipIt, Now It Becomes Payware That Exploits Debian Volunteers (Slaves)
"Ubuntu" the distro now replaces the GNU components inherited from Debian with a bunch of Microsoft GitHub (proprietary) things that reject reciprocal licences
Last Night The Register MS Published a Fake Article. It Mentioned "AI" 27 Times.
Paid-for nonsense! [...] What's left of once-respectable news sites actively harms society
Links 27/03/2026: Google Executive (GAFAM, US, Surveillance) "Named the New BBC Head", Prominent Climate Scientist Resigns From NASA
Links for the day
Gemini Links 27/03/2026: "Being Busy" and "Posting Again"
Links for the day
GNOME Has No "Real" Executive Director, Only an IBM (Perma)'Interim' One With No Openings in Sight
GNOME is having financial problems
Microsoft Experiencing "Leadership Exodus"
Microsoft's current position is no better than Meta's (Facebook)
GNU/Linux Distros Should Reject "Age Verification" and Uphold Software Freedom for Users
It's not about protecting children
Slop Plunge
we can already "smell the blood" of the so-called 'AI industry'
IBM Media Puff Pieces While Layoffs Go On and On
Has the PR industry absorbed the press?
Media Says Microsoft Hiring Freezes, But There Are Already Microsoft Layoffs
They want the public to talk about Microsoft as if it's just not hiring when it is actually firing
Richard Stallman lynchings: Sruthi Chandran splitting Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 26, 2026
IRC logs for Thursday, March 26, 2026
Links 26/03/2026: Tor Relay at National Taiwan Normal University, Copyright Hammers Fall
Links for the day
Gemini Links 26/03/2026: "The War of the Worlds" and "sometimes science is just the dumbest thing"
Links for the day
The World Wide Bots
The shape of the Web is so bad that bots exceed humans in some places
Links 26/03/2026: Solicitors Regulation Authority (SRA) Closes 101 Law Firms in 2 Years, "Please Compensate the Work You Appreciate"
Links for the day
Regaining Software Freedom Means Regaining Control Over Programs That Run on Our Devices
Richard Stallman will speak in Italy
Microsoft Secure Boot Removes Users' Choice
Has Greenland banned Microsoft and 'secure' boot yet?
IBM Pushes Workers Out, It Does Not Count Them as "Layoffs"
The number of IBM layoffs can be as large as tens of thousands per year
Hard to Find a Job After Working for Microsoft (Back Doors Giant, Bribery Hub)
It generally looks like people who chose to serve Microsoft's agenda don't end up too well
Microsoft Lost 31% Of Its Alleged "Value" in Five Months, Then It Got Downgraded
In 2026 Microsoft focuses on keeping the layoffs silent
Altering Perceived Reality to Make It Seem Like Microsoft is Thriving, Not Failing
pretend XBox did not die
SLAPP Censorship - Part 24 Out of 200: The Failed Effort by Brett Wilson LLP to Strike Out My Lawsuit and My Wife's Lawsuit Against Garrett (the Master Allowed Our Lawsuits to Proceed)
This is lawfare
Official New Figures Show That Solicitors Regulation Authority (SRA) Sees Rise in Dishonesty Among Law Firms Forcibly Shut Down ('Euthanised' Due to Misconduct)
It's rather if in our little country as many as 16 law firms were found to be so dishonest that they needed to be shut down
Back to Normalcy
In our datacentre at least
IBM is "Increasing Its Temporary and Part-time Headcount" While Net Headcount Falls (Despite Buying Many Companies and Their Workforce)
Headcount is a rather superficial yardstick.
Confluent Insiders: IBM Laid Off Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
EPO Union Decides to Continue Industrial Actions, Next Strike in Four Days
The latest strike had the highest participation rate
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 25, 2026
IRC logs for Wednesday, March 25, 2026
Microsoft's "Silent Layoffs" in Slop Clothing
"AI-powered transformation" is just a euphemism for mass layoffs
Where and How to Spot LLM Slop
Many people correctly perceive LLMs as a site's downfall, a step towards the abyss
Public Talk by Richard Stallman in Half a Day "at the Engineering and Architecture Campus of Cesena of the University of Bologna"
He'll probably attract a fairly large crowd
Gemini Links 26/03/2026: Buying a House, Stargazing, OFFLFIRSOCH 2026
Links for the day
Links 25/03/2026: Nations Return to Russian Oil and Burning Wood
Links for the day
Gemini Links 25/03/2026: Resisting Authoritarianism and Why Slop Needs to Go Away
Links for the day
Fedora Maintainer-ship Using Slop (Mistakes) Would Make Fedora Less Reliable
It won't produce reliable code or stable systems one can rely upon
IBM's "Legacy Employees" (Experienced Workers, IBM Management Dubs Them 'Dinobabies')
This notion of "legacy employees" seems like something overlapping with "expensive" (well paid) staff, even if not entirely equivalent
EPO's "Current Industrial Actions Are Likely to Intensify Further."
There is another strike in 5 days
This Morning The Register MS Published Slop Promotion With the Term "AI" 15 Times In It. The Register MS Was (As Usual) Paid to Do This
This is not a serious publisher
SLAPP Censorship - Part 23 Out of 200: We Were Right All Along (for 2 Years) About Third Party Funding and Willingness to 'Break the Bank' in Pursuit of "Revenge"
How much damage can a person do to oneself in pursuit of cover-up of legitimate technical concerns?
Gnome Foundation Inc is in Trouble
the agenda is set GAFAM and IBM rather than donors
Links 25/03/2026: Airports Further Militarised, "Slopification and Its Discontents", Microsoft 'Open' 'Hey Hi' Shutting Things Down
Links for the day
Gemini Links 25/03/2026: Blogging Fright and Absolutely Useless 'Apps' Made by Slop Machines
Links for the day
Rise in Energy Prices Will Significantly Accelerate the Death of So-called "AI Companies"
It should be noted that fake news about Microsoft OpenAI doubling workforce (mere words, not actions) can serve as a nice distraction from the death of Sora due to divestment
It's Always a Question of Trust
There's a widespread stigma of lawyers being manipulative and chronically dishonest
Solicitors Regulation Authority (SRA) Must More Carefully Investigate or Assess the Financial State of Law Firms in the UK
We'll cover this in depth in the future
GAFAM Mozilla Removes Theora Support, Now GNU Needs to Re-encode Videos
Mozilla used to mean something to Free software advocates
An Open Admission Profits Depend on Addiction
Proprietary software tends to be like this
IBM Americas President Ayman Antoun Comes to OpenText, Weeks Ahead the Mass Layoffs Begin
Is that what IBM will be good at?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 24, 2026
IRC logs for Tuesday, March 24, 2026