EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

12.13.16

The European Patent Office Suffers Quality Crisis, Finally (Belatedly) Agrees to Publicly Comment on It

Posted in Europe, Patents at 6:44 am by Dr. Roy Schestowitz

Succulent

Summary: The patent quality of EPs — patents granted by the European Patent Office (EPO) — is declining and so will certainty surrounding EPs and value associated with them

OUR interest in the EPO goes back over a decade ago, back when software patents in Europe were debated and ruled out by Parliament (not that the EPO cared much about what Parliament had decided). With loopholes “as such”, the EPO granted a lot of software patents. EPO insiders even admit this to us.

Now that more and more EPs (European patents) are found to be invalid there is risk that applicants will no longer find the EPO all that attractive. Battistelli’s accelerated race to the bottom (of patent quality) yielded results like yesterday’s press release that speaks of EPs getting repeatedly revoked:

Akebia Therapeutics, Inc. (NASDAQ:AKBA), a biopharmaceutical company focused on delivering innovative therapies to patients with kidney disease through the biology of hypoxia inducible factor (HIF), today announced that the Opposition Division (OD) of the European Patent Office (EPO) has revoked another of FibroGen, Inc.’s HIF-related patents. The patent, EP 1 633 333 (the ’333 patent), claimed various compounds that were purported to stabilize HIFα for treating or preventing various conditions, including iron deficiency and specific forms of anemia. This ruling follows Akebia’s challenge to FibroGen’s earlier European patent, EP 1 463 823, which was revoked in its entirety by the OD earlier this year.

What is the EPO going to do about this obvious failure to guarantee patent quality? Tomorrow the Administrative Council is supposed to bring up this subject, as per intent expressed previously.

Belatedly (years late), and perhaps opportunistically after a lot of pressure (and ahead of the Administrative Council’s meeting), the EPO finally claims to obey some laws (for a change) by stating that it will no longer treat the EU Biopatent Directive (98/44/EC) like something to be spat at or ignored. There was a whole “news” item (actually hogwash) about it at epo.org yesterday and it said:

The European Patent Office has decided to stay all proceedings in examination and opposition cases in which the invention is a plant or animal obtained by an essentially biological process.

The decision was taken following the discussion by EPO member states in the Patent Law Committee of the Administrative Council on the recent Notice of the European Commission related to certain articles in the EU Biopatent Directive (98/44/EC).

When will the EPO obey the directive about software patents and stop granting patents on software? When will the Office admit that it messed up and granted many patents in error and/or against the rules? Who will take responsibility/accountability?

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 1/4/2020: Linux 5.7 Merges, Qt 5.14.2, GhostBSD 20.03, Linux Mint 20 Ulyana Plans, WordPress 5.4 “Adderley”

    Links for the day



  2. IRC Proceedings: Tuesday, March 31, 2020

    IRC logs for Tuesday, March 31, 2020



  3. Techrights to Delete Articles From All Past Years to Save Disk Space

    What if we deleted over 25,000 posts?



  4. IRC Proceedings: Monday, March 30, 2020

    IRC logs for Monday, March 30, 2020



  5. Links 30/3/2020: GNU Linux-libre 5.6, WireGuard 1.0.0

    Links for the day



  6. IRC Proceedings: Sunday, March 29, 2020

    IRC logs for Sunday, March 29, 2020



  7. Links 30/3/2020: Linux 5.6, Nitrux 1.2.7, Sparky 2020.03.1

    Links for the day



  8. The Fall of the UPC - Part IX: Campinos Opens His Mouth One Week Later (and It's That Hilarious Delusion Again)

    Team Campinos said nothing whatsoever about the decision of the FCC until one week later, whereupon Campinos leveraged some words from Christine Lambrecht to mislead everybody in the EPO's official "news" section



  9. Pretending EPO Corruption Stopped Under António Campinos When It is in Fact a Lot Worse in Several Respects/Aspects (Than It Was Under Benoît Battistelli)

    Germany's eagerness to keep Europe's central patent office in Munich (and to a lesser degree in Berlin) means that politicians in the capital and in Bavaria turn a blind eye to abuses, corruption and even serious crimes; this won't help Germany's image in the long run



  10. IRC Proceedings: Saturday, March 28, 2020

    IRC logs for Saturday, March 28, 2020



  11. Links 28/3/2020: Wine 5.5 Released, EasyPup 2.2.14, WordPress 5.4 RC5 and End of Truthdig

    Links for the day



  12. IRC Proceedings: Friday, March 27, 2020

    IRC logs for Friday, March 27, 2020



  13. The Fall of the UPC - Part VIII: Team UPC Celebrates Death, Not Life

    Team UPC plays psychological games now; it is trying to twist or spin its defeat as good news and something to be almost celebrated; it is really as illogical (and pathetic) as that sounds



  14. Links 27/3/2020: GNU/Linux Versus COVID-19 and Release of GNU Guile 3.0.2

    Links for the day



  15. When Your 'Business' is Just 'Patent Portfolio'

    Hoarding loads of patents may seem impressive, but eating them to survive is impossible if not impermissible



  16. LOT Network is a One-Man (Millionaire's) Operation and Why This Should Alarm You

    The ugly story of Open Invention Network (OIN) and LOT; today we take a closer look at LOT and highlight a pattern of 'cross-pollination' (people in both OIN and LOT, even at the same time)



  17. Faking Production With Fake Patents on Software

    The EPO with its illegal guidelines (in violation of the EPC) can carry on churning out millions of fake patents that European courts would only waste time on and small companies be blackmailed with (they cannot afford legal battles)



  18. With the Unified Patent Court (UPC) Out of the Way Focus Will Return to EPO Corruption

    Expect the European Patent Office (EPO) to receive more negative attention now that the ’cause’ of UPC is lost and there’s no point pretending things are rosy



  19. IRC Proceedings: Thursday, March 26, 2020

    IRC logs for Thursday, March 26, 2020



  20. Links 27/3/2020: qBittorrent 4.2.2, Krita 4.2.9, pfSense 2.4, Bodhi Linux 5

    Links for the day



  21. IRC Proceedings: Wednesday, March 25, 2020

    IRC logs for Wednesday, March 25, 2020



  22. Still Work in Progress: Getting Those 2,851 Pages of Police Report About Arrest for Pedophilia in Home of Bill Gates

    It’s extremely difficult to get those police records, which were requested exactly one day before the media started attacking Richard Stallman (associating him with pedophiles based on a deliberate distortion)



  23. Links 26/3/2020: Plasma Bigscreen, New Kubernetes, Fedora's New Identity and Bodhi Linux 5.1.0

    Links for the day



  24. Guest Article: Window Managers, Github and Software Disobedience

    "Walking away from monopolies is the essence of freedom"



  25. Links 25/3/2020: LLVM 10.0.0 and UCS 4.4-4 Released, WordPress 5.4 RC4

    Links for the day



  26. 'Team UPC' Last Week

    The looks on Team UPC's faces 5 days ago (before and after the 9:30AM announcement)



  27. The Fall of the UPC - Part VII: Lies and Revisionism About the Reasons for the UPC's Ultimate Demise (to Leave the Door Open for More Failed Attempts)

    The media was lying in a hurry, in a coordinated effort to distort the meaning of the FCC's decision or belittle the impact of this decision; Techrights will carefully watch and respond to these lies



  28. IRC Proceedings: Tuesday, March 24, 2020

    IRC logs for Tuesday, March 24, 2020



  29. Linux Foundation Became Anti-Linux, Run by Microsoft People to Serve Microsoft's Agenda

    Microsoft is taking over the bodies of healthy projects, infecting the hosts in order for them to become slaves of the proprietary parasite; there's still no (known) cure, but we're familiar with the symptoms



  30. Microsoft Continues to Attack and Steal From the Open Source/Free Software Communities

    Microsoft cannot be trusted and there's no "new Microsoft," as another fairly new story serves to show


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts