Bonum Certa Men Certa

The European Patent Office Has Assaulted Patent Quality While Trying to Distract From That

German Tornado



Summary: The EPO's lack of interest in the merit of patents that it is granting poses a grave threat to Europe; the 'patent lust' of EPO management is helping nobody, definitely not patent examiners (who are the very core and heart of the Office)

MANAGEMENT of the European Patent Office (EPO) -- like the new Director of the USPTO -- has lost sight of the importance of patent quality and patent judges. Judges are treated like enemies because they guard patent quality (they refuse to accept wrongly-granted patents, based on the respective laws).



"Examiners constantly complain that they can no longer perform their job like they’re supposed to (as per the EPC)."Buried under a load of puff pieces, like the UPC nonsense we've just mentioned, is press coverage about decrease in patent quality. SUEPO has just cited one article to that effect (list updated yesterday). "New EPO messages reveal quality decline and ‘confuse’ staff," the headline says. The EPO's management would prefer nobody to see this. Instead, see the JD Supra press release that's an EPO puff piece from Barley Snyder. From his opening paragraphs:

During my time in Germany, I have learned and discussed with colleagues differences between American and European patent laws ranging from the nuanced to the more pronounced, and the differences in argument strategies corresponding to these legal distinctions.

But one of the commonalities between the patent laws and processes has recently become especially clear.

The patent process, by its nature, requires a patent examiner to conduct legal analyses regarding technology, including proverbially stepping into the shoes of a person “with ordinary skill in the art” at the time the patent application was filed, to determine whether written claim language of the present application is sufficiently different from the prior technology to issue a patent. This determination necessarily involves varying degrees of judgment based on experience. Critical points of understanding can depend on small variations in language. An examiner’s decision in a patent application is necessarily colored by his or her own opinions, personality and understanding of both the application and prior art.


Or, as things stand at the moment, demands and 'targets' from above. Examiners constantly complain that they can no longer perform their job like they're supposed to (as per the EPC).

Hogan Lovells has a new essay on the EPO allowing software patents in Europe (so-called 'computer-implemented inventions' or 'CII') through misuse of broad and vague buzzwords like "AI". Published on Friday, it said this:

Earlier this year the European Patent Office (“EPO”) held its first ever conference on patenting artificial intelligence (“AI”). Following intensive discussions on the impact of AI in the patents sector, the EPO promised to update its Guidelines for Examination, to provide specific guidance on the examination of AI applications under existing computer-implemented inventions (“CII”) practice and case law.

The EPO has delivered on its promise. A preview-version of the new Guidelines is now available on its website. These Guidelines are set to take effect on 1 November 2018. Plot spoiler alert – the new section on AI and machine learning now appears in section 3.3.1 of Part G of the Guidelines. Those of you who are familiar with the Guidelines will immediately spot that this new section on AI and machine learning has been inserted under the part of the guidelines that deals with mathematical methods.


We wrote about this as recently as yesterday when we also mentioned patents on life in light of this hearing, as covered yesterday by IPPro Patents. Ben Wodecki (of IPPro Patents) called these patents on nature "unlawful" in the headline (quoting those who judged them):

The European Patent Office (EPO) has reduced the scope of a patent granted to Carlsberg and Heineken related to conventionally-bred barley.

The decision was made during a public hearing in Munich, where examiners found that the patent, which covered conventionally-bred barley, its usage in brewing and the resulting beer, is now restricted to plants with a specific mutation which can influence the content of these flavours.

Originally, the patent covered all plants with a reduced content of some undesirable flavours.

The No Patents on Seeds pressure group said that it plans to appeal the decision as it is “only a partial success” and has called on politicians to take action.

The group had called on European politicians to speak out against companies abusing the patent system so that the EPO “will once again be reminded of their continuing responsibility to protect the common good”.


The EPO's Web site has not said a word about it. The Twitter account of the EPO did not mention it either. Yesterday the EPO instead chose to belatedly post this nonsense: (warning: epo.org link)

The 58th series of Meetings of the Assemblies of the member states of the World Intellectual Property Organization (WIPO), which took place from 24 September to 2 October 2018, provided a unique opportunity to take stock of the progress in co-operation activities, and to define future directions. The EPO agenda included over 45 official meetings with national patent offices from other regions.

The meetings aimed to further strengthen relations with a number of strategic partners; these take the form of comprehensive co-operation plans which aim to streamline patenting procedures while building up national capacities, and to deliver high-quality training and assistance to the partner offices.

IP Australia officially joined the Cooperative Patent Classification (CPC) family by signing Memorandum of Understanding (MoU) on the CPC together with a comprehensive biannual work plan. This brings to 28 the number of offices classifying their patent documentation using this highly refined system. Other important developments were the signing of MoUs on co-operation with the National Institute for the Defense of Free Competition and the Protection of Intellectual Property of Peru (INDECOPI), the Gulf Cooperation Council (GCC), and the Eurasian Patent Office (EAPO). The EPO also renewed its MoU on co-operation with the Superintendence of Industry and Commerce of Colombia, a user of EPOQUE Net.


Seeing the European Patent Office in bed with WIPO (whose abuses can be similar at times) is hardly surprising. Both institutions are patent maximalists who more or less disregard science for the sake of lawyers. Patent offices were never meant to be pipelines for litigation; that kind of changed when a patent lawyer was put in charge of the USPTO, whereas the EPO got itself a politician in charge (and now a former banker).

Recent Techrights' Posts

European Patent Office Strikes Intensify Tomorrow, Huge Strikes Planned for June, 10,000 Strike Participations Registered
Campinos may well be ousted soon
SLAPP Censorship - Part 93 Out of 200: A Blueprint of Reckless Lawfare in the UK, Waged and Funded by Americans (in Another Continent)
Lawfare powered by slop companies (including Microsoft) from America, targetting British people who consistently oppose slop because it's objectively terrible
Links 31/05/2026: Watershed Moment, Traveller RPG Book Binding, and GUI Annoyances
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 30, 2026
IRC logs for Saturday, May 30, 2026
IBM CEO Can Become a Billionaire by Laying Off Tens of Thousands of Workers (or Buying Companies Using Borrowed Money, Only to Lay off Thousands in Them)
Like he did Confluent recently
Reminder That Linuxiac is a Slopfarm or Hybrid of Bobby and His LLMs
LLM fetishist that claims to cover Linux
BetaNews is Still Publishing Fake Articles, Sometimes Fake News, or LLM Slop Disguised as 'Journalism'
Slop isn't yet a thing of the past, but hopefully we'll get close to that by the end of this year
Gemini Links 30/05/2026: Writer's Block, Evil GAFAM (Google), and Scepticism of Slop
Links for the day
Links 30/05/2026: Fairphone 6, China’s Rise in Drug Development, Slop Wastes Money Without Delivering Value
Links for the day
Links 30/05/2026: Alarm Over Large Companies Cancelling Slop Contracts, Ozzy Osbourne Resurrection as Slop Draws Ire
Links for the day
Red Hat Exodus or RAs (or PIPs) in 2026 Not Limited to China, IBM is Doing Well at Hiding Layoffs
All we need to know is, does IBM hand out lots of PIPs?
SLAPP Censorship - Part 92 Out of 200: A Spouse Cannot be Turned "On" and "Off" Like a Faucet
Today's part will be very short because we keep the parts shorter in weekends and summer is officially around the corner (June on Monday)
The Register MS Has Just Published Fake Article That Mentions "AI" 23 Times. "Sponsored by Arm." It Does This Every Day.
A lot of the time we see this term everywhere in "the news" simply because slop pushers are paying for it
SQLite Under DDoS Attack by Slop Reports or Fake 'Bugs' (Just Like cURL and Many Other Projects)
Even Linus Torvalds is starting to talk about this
IBM: The B Turns From "Business" to "Bailouts" to "Buybacks" ("IBM is the Next Intel")
Trying to shore up the falling share price/stocks while veteran workers and Vice President (with high salaries) are cut off
Links 30/05/2026: More GAFAM (Amazon) Mass Layoffs, Peter Schiff Warns of Trillion-Dollar Slop Bubble Waiting to Implode
Links for the day
Slop is Plagiarism
Trillions of dollars down the drain, invested in a dud
Gemini Links 30/05/2026: Rehabilitation and Taming Emacs Cache and Temporary Files
Links for the day
Richard Stallman (RMS) Talks and Secure Transmission of Private Communications in Formats Everybody Can Access With Free Software
Maybe the FSF should step up a bit the campaign to use Free software to communicate with one another
General Consultative Committee (GCC) Discusses Working Conditions of Employees of the European Patent Office (EPO)
On the agenda: Salary Erosion Procedure, Breastfeeding Policy, New Amicale Framework, Public Holidays 2027
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 29, 2026
IRC logs for Friday, May 29, 2026
It's Friday Night Again, So Microsoft is Again Shelving (Under Weekend Lull) Nightmare News for XBox Staff
It did the same thing when the chiefs of XBox got canned
Links 29/05/2026: "Spyware Economy" and Cuba's Energy Crisis
Links for the day
Gemini Links 29/05/2026: Rap Rant and LLMs Criticised
Links for the day
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026