Bonum Certa Men Certa

Patent Quality Crisis and Unprecedented Trouble at the European Patent Office (EPO) Negatively Affect Legitimate Companies in the US As Well

"Patent monopolies are believed to drive innovation but they actually impede the pace of science and innovation, Stiglitz said. The current “patent thicket,” in which anyone who writes a successful software programme is sued for alleged patent infringement, highlights the current IP system’s failure to encourage innovation, he said."

--IP Watch on Professor Joseph Stiglitz



Summary: The granting en masse of questionable patents by the EPO (patent maximalism) is becoming a liability and growing risk to companies which operate not only in Europe but also elsewhere

THE USPTO isn't perfect, but at least it's improving. We have repeatedly commended its Director for steering the Office in a positive direction which is widely supported by most of the industry, just not the patent microcosm (which is eager to oust her and undo all the progress).



At IP Watch, Steven Seidenberg has just published behind paywall this piece about a SCOTUS decision which he says "will benefit patent trolls and other unscrupulous patent owners, at the expense of companies," citing "few observers" of the SCA Hygiene Prods. Aktiebolag v First Quality Baby Prods case. We wrote about this before.

"...the EPO's inability to operate in a capacity other than rubber-stamping has wide-ranging and long-ranging (beyond Europe) ramifications.""On the positive side," he added, "the ruling brings US patent law more in line with Europe’s patent law."

So what? That in itself is not necessarily a positive thing. Watch what the EPO has become and how flagrantly it disregards European patent law, including its founding document, the EPC. The dysfunctions of the EPO are in fact becoming a headache and a liability even well outside the continent of Europe. This new article, titled "Planning to Request Discovery for a European Patent Office Proceeding? Not So Fast, Rules the District of Massachusetts", says the following:

The Hon. F. Dennis Saylor, IV of the U.S. District Court for the District of Massachusetts recently denied a petitioner’s request under 28 USC €§ 1782 to take discovery related to patent inventorship in connection with an Opposition proceeding pending before the European Patent Office (EPO). The court, in exercising its discretion under the U.S. Supreme Court’s so-called Intel factors set forth in Intel Corp. v. Advanced Micro Devices, Inc., 542 US 241, 264 (2004), denied the petitioner’s request for discovery because the EPO generally does not allow the type of discovery requested by the petitioner in an Opposition proceeding, thus the petitioner’s requested discovery would have no place in an EPO Opposition.


Put in simple terms, based on a x86 case from 13 years ago, it is not possible for US entities to look into the reckless actions (widely known by now) of the EPO, where patents are granted in error.

The author, Alison C. Casey from Nutter McClennen & Fish LLP, says this "illustrates the need for inventors to be familiar with patent laws, procedures, and proceedings in foreign jurisdictions." That's like saying, "come to me! Give me business, I'll advise you."

But between the lines we see that the person affected in his capacity as an attorney is actually European. To quote:

The petitioner, George Schlich, is a European patent attorney who brought this action as an agent of Intellia Therapeutics, Inc., a genome editing company based in the United States. Schlich petitioned the district court to order discovery under 28 USC €§ 1782 in connection with a proceeding before the European Patent Office related to an EPO-issued patent for an invention known as the CRISPR/Cas9 system, which provides scientists with an inexpensive and precise method of editing DNA for biological and medical research. The underlying dispute in the EPO is whether The Broad Institute, Inc., a biomedical and genomic research institute affiliated with MIT and Harvard, can rely on its U.S. provisional applications filing date for priority in its European patents.


We wrote a great deal about this CRISPR fiasco in the US and in the EPO. The above is a reminder that the EPO's inability to operate in a capacity other than rubber-stamping has wide-ranging and long-ranging (beyond Europe) ramifications.

Recent Techrights' Posts

FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
 
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026
Falkland Islands: GNU/Linux Elevated to 6%
GNU/Linux usage seems to have increased a lot there
Links 16/08/2026: Reading Outside, Going Offline More, and Art of Computer Programming
Links for the day
The Question of Patience
Is there a lesson here somewhere?
IBM May be Sued for Mass Layoffs Via PIPs
Some whole threads (with all the long comments in them) recently got nuked by thelayoff.com
Links 16/08/2026: Ceuta Reports Social Control Media Used as a Weapon
Links for the day
Links 16/08/2026: Europe in Crisis of Droughts While Energy- and Water-Consuming, Pollution-Emitting Chatbots Are Spread by GAFAM (US) to Keep a Ponzi Scheme Going
Links for the day
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day
What I Learned in London
some ministers still help us in our fight for press freedom in the UK
At IBM, Workers 'Expire' Early ("Next Step" is 'Voluntary' Layoffs Decades Before Retirement Age)
It seems like the "new normal" is layoffs not existing or barely existing because companies hide them
EPO "Cocaine Communication Manager" - Part XVI - The German State Does Not Enforce the Law Against European Patent Office Officials
It's not acceptable that Europe's second-largest institution can get away with crime time and time again
Germany's National Broadcaster (DW English) to Air Julian Assange Film This Coming Week
It seems rather sad that we live in a world where rich thugs can get away with so many horrible things
WordPress is Bloatware and Bloated Software Guarantees Security Incidents
This site turns 20 in about 11 or 12 weeks from now and it was never cracked, not even when it ran WordPress
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Omarchy is Already Dying
Same as the life cycle of slopfarms
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026