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

Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
IBM is "Making an Exit". Only the Executives Will Get Rich.
failure disguised as success
2026 is the Year of Blockchains, Says IBM's CEO a Decade Ago?
"falling upwards"
Most Coders Used to be Women, Not Men (and Men Who Dropped Out of College Now Plunder Everything They Can)
"Ethics For Hackers"
 
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026
Links 05/06/2026: Lawyers in Trouble for Citing Cases That Don't Exist (Slop Too Bad to Justify Costs; Even It It Did Work, It Would Still be Far Too Expensive)
Links for the day
Gemini Links 05/06/2026: Bears in the Streets, WWII Revisionism, and Westworld
Links for the day
Microsoft's LinkedIn Called "Dying Platform" by One Who Worked There
The co-founder of LinkedIn has just stepped down too
GAFAM (Google, Amazon, Facebook, Apple, Microsoft) Layoffs Are Due to Surging Debt, or About 120 Billion Dollars Borrowed in One Year Alone
It's well above 150 billion dollars if one adds Oracle
After One Jeffrey Epstein Associate 'Leaves' Microsoft's Board Another Jeffrey Epstein Associate Steps Down, Workers Concerned About the Mass Layoffs
How many more loans can Microsoft receive? Those loans are becoming increasingly risky.
IBM Exploits Overambitious, Hungry Young Men to Help the "Great Quantum Hype Campaign" (Pumping the Stock Based on Deliberate Misinformation or Outright Disinformation)
The boot-licking campaign is live...
What Will Likely Happen When the Slop Bubble Pops (and When It'll be Widely Accepted That It Popped)
all the "most successful" slop companies are so deep in debt
The Register MS is Part of the Problem, It's Publishing "AI" SPAM Because it's Paid by Chinese Military-Connected Firms
Given that The Register MS is run by a Microsofter (since last summer), destruction seems inevitable
IBM's CEO Does Not Use GNU/Linux, So Why Did He Suggest Buying Red Hat Only to Lay Off Its Workers, Market Slop Instead of Linux, and Sack UNIX Professionals?
Shortly after IBM had bought Red Hat and there were mass layoffs we pointed out that Red Hat's CEO was not using GNU/Linux
If You're Not Focusing on Software Freedom, All You'll Get is Slopware and Buzzwords
If you're not focusing on attaining Software Freedom (and remember "Linux" is just a brand), then you're losing sight of the goals that actually matter
Red Hat/IBM: Microsoft is Our Partner of the Year
Red Hat is a really bad gravy
Gemini Links 05/06/2026: Enshittification of Institutes for Project Management, Codebases Contaminated With Slop, Personal Stories
Links for the day
Communicating With Freedom - Part II - Quibble Breathing New Life Into LibreJS
Notice how work on one thing led to thousands of lines of code added to a mostly dormant (but nevertheless important) project
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
Links 05/06/2026: More GAFAM Layoffs, Google Faces Regulatory Crackdown in UK Over Plagiarism in "AI" Clothing
Links for the day
Rumour That Layoffs at Microsoft Will Kick Off on July 1st, 2026 (Impacting 10,000 or More Workers)
this is what the rumour mill or the word through the grapevine is
Mission:Libre, Which Teaches Young People Free Software Ideals, Needs Financial Backing
plea for assistance with Mission:Libre
The Slop Ponzi Scheme is a Problem and Threat to All of Us (Even Those Who Don't Invest in or Use Slop at All)
This problem is systemic, not contained
"Blind Justice" Examines the Solicitors Regulation Authority (SRA) Turning a Blind Eye to Abuse by British Solicitors
We have some jaw-dropping examples of how the SRA does not do actual regulation - to the point where its staff does not actual work and does not look into any evidence at all!
7 Days From Now the FSF's Founder Gives a Talk in Bern, the FSF Has Just Advertised This
Meanwhile the FSF (or GNU) processes and uploads many recent talks by RMS
European Patent Office (EPO) Series: Down But Not Out – Costa's Comeback
he managed to secure a top-level EU position in June 2024
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 04, 2026
IRC logs for Thursday, June 04, 2026
Links 04/06/2026: Self-hosting Remotely and GemText Emphasis
Links for the day
Links 04/06/2026: Ukraine’s Daily Moment of Silence and Uber Lays off 23% of HR
Links for the day
SLAPP Censorship - Part 98 Out of 200: Microsoft Threatening Real Security Researcher With Criminal Investigation for Talking About Microsoft's Bug Doors/Back Doors
The crime should be the back doors (deliberate attack on every user's data protection), not talking about those back doors
Microsoft Would Get Away Even With Pedophilia
"Microsoft should never be above the law"
Journalists Should be Ashamed for Parroting False Claims From IBM Management About "Quantum Computing", Say IBM Insiders Who Work on "Quantum Computing"
IBM is a buzzwords vendor. International Buzzwords Machines.
Free Software is Nourishment to Software Users, Unlike Proprietary Software
Quit treating "mere users" of software "like animals"
The "Peanut Gallery" of GAFAM Has Infiltrated Free Software Projects or Disrupts Free Software Communities
They contribute nearly nothing and do substantial damage; they're freeloaders who attack the most productive members of projects
Coding is Not a Quantity Game (It Never Was!)
"less is more"
Exposing Corruption Using a Highly Resilient Platform
Growing levels of trust, based on our track record, help us attract whistleblowers
Mass Layoffs Expected at Microsoft in July 2026
They're preparing more "lists" of people
Reflection on EPO Leadership That Harbours Cocaine, IBM Leadership That Pumps-and-Dumps the Shares, and More
ManCity replaced Manuel Pellegrini with a more famous manager it didn't envision winning 20 titles in 10 years (it could only hope) [...] Team-building is something that "Pep" seemed to be good at, as was Jürgen Klopp
Pump and Dump by IBM Insider Traders: Nickle LaMoreaux, Gary Cohn, James Kavanaugh, Arvind Krishna, Robert Thomas, and Others
the shares are already collapsing
FOMO (Fear Of Missing Out) Has Weakened If Not Ruined What's Left of Big Media
Many things that have existed for decades are now being rebranded as "AI"
SLAPP Censorship - Part 97 Out of 200: Garrett in Hiding (From the Simple Observable Fact He's Closely Connected to the Microsofter Who Strangles Women, Tells Women to Kill Themselves, and Worse)
They use one another; they are coordinating this via the SLAPP industry in another continent
Links 04/06/2026: Microsoft Threatening Security Researcher for Naming Back Doors in BitLocker, "Demand is Booming for" Old Tech
Links for the day
Gemini Links 04/06/2026: "Word Vomit", Slop", and Moving to Gopher/Gemini
Links for the day
Rust Outsources its Financing (or Financial Control) to Microsoft
How long before the third "E"?
"Format Sovereignty" Can Only be Accomplished With LaTeX or OpenDocument Format (ODF) or Vendor-Neutral Standards for Editable Documents
Microsoft is, in effect, above the law
IBM's Shares Fell Nearly 13% in One Day (Including After Hours)
its main product is false promises
The Cyber Show on the Importance of Software Freedom and Why GNU/Linux Could Not be Stopped
an excellent article
Drew DeVault Can Still Redeem His Reputation. Revisiting His Attacks (and Attack Site) on Richard Stallman Might be a Good Start.
DeVault has openly apologised (this past spring)
The Register MS is Publishing Paid SPAM; Some of It is Designed to Prop Up the "AI" Pyramid Scheme
The Register MS participates in scams
European Patent Office (EPO) Series: "Operation Influencer"
Costa's political career was far from finished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 03, 2026
IRC logs for Wednesday, June 03, 2026