Bonum Certa Men Certa

EPO Needs to Publicly Apologise for Granting Bogus/Fake Patents to Aggressive Companies Like Monsanto (Now Bayer)

Battistelli era patents



Summary: Admission of patents being granted in error and/or against public interest may be a step towards acceptance that there is a problem; EPO management, however, keeps quiet about it

THE quality of European Patents (EPs) is low. António Campinos takes it even lower by openly promoting software patents in Europe -- a subject we'll cover in our next post. How about patents on life and nature? Both the European Patent Office (EPO) and U.S. Patent and Trademark Office (USPTO) are guilty in this regard. Both grant monopolies on these things which aren't even inventions.



"EPs were once known for legal certainty; nowadays, upon close enough scrutiny, many can be invalidated."Belatedly (years late) the EPO admit there's a problem. It revokes patents. It has no choice. IEG Policy wrote about it, but the European Patent Office (EPO) did not say anything in its Web site, a tweet etc. Maybe they hope nobody will notice; why was such a patent granted in the first place? A lot of anger and a petition led to this.

"EPO revokes controversial broccoli" was the headline from IPPro Patents, which to its credit began writing about EPO scandals about a year ago. Now it covers this wake-up call about EPO granting lousy patents and correcting only after immense public/outside pressure. To quote:

The patent, which was granted to Monsanto in 2013 and later sold to Bayer, covered plant, seeds and harvested severed broccoli heads that grow slightly higher in order to ease harvesting. An opposition to the patent was originally filed in 2014.

No Patents on Seeds protested the patent by erecting the “largest broccoli in the world” outside of the EPO building in Munich. A petition with around 75,000 signatures supporting opposition to the patent was also handed over.

The EPO introduced new rules for examination in 2017, which mean that patents on animals and plants can no longer be granted if they are derived from conventional breeding using methods like crossing and selection. European law prohibits patents on plant varieties and animal varieties.


Why has the EPO not said anything about it? Instead it produced some puff piece about WIPO a few days ago, soon to be repeated by patent maximalists who write:

The European Patent Office has now decided to participate in WIPO’s Digital Access Service (DAS) for the exchange of certified copies of priority documents from 1st November 2018.

DAS supports the automatic electronic exchange of priority documents within participating patent offices (participating Offices). Applicants may request the Office of First Filing (OFF) to make certified copies of previously filed patent applications available to the DAS system and then request Offices of Second Filing (OSF) to retrieve the copies via DAS.

The purpose of DAS is to establish a cost- and time-effective electronic system for processing and exchanging priority documents within participating Offices, by relieving the applicant of the need to submit the documents to the OSF.


What good are these if EPO guidelines have been perturbed to allow abstract patents and examiners are subjected to unrealistic demands which deny them access to sufficient evidence, e.g. prior art?

The EPO is still going in a very dark direction. EPs were once known for legal certainty; nowadays, upon close enough scrutiny, many can be invalidated. It can devastate companies.

Recent Techrights' Posts

The Ultimate and Inevitable Fall of OpenAI (Even Brave is 'Bigger' Now)
"When you advertise at the Super Bowl, you’ve reached just about every consumer in America. It’s the last stop. If you’re not profitable yet, you never will be."
 
Links 10/02/2025: Ban on D.E.I. Language, Listeria Risk/Outbreak
Links for the day
Links 10/02/2025: Announcing "Stringless" and Mental Health Improvement
Links for the day
Links 10/02/2025: Facebook Mass Layoffs, "Meta" Did What Aaron Swartz Had Done But to the Tune of 81.7 Terabytes
Links for the day
Microsoft Tarnishing the Brand of Arch
Of course Arch can do whatever it wants, but being associated with Microsoft is a badge of shame
Adding Slop to Your Blog Only Makes One Assume All the Text is LLM Slop
Simon Coter from Oracle has turned to slop
Macao is Leaving Microsoft Behind
Windows is falling to new all-time lows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 09, 2025
IRC logs for Sunday, February 09, 2025
Microsoft's WSL (LSW) Shows That It Can Never Love Linux, Only Windows
that's just how Microsoft rolls
Activism in Times of War and a Coup
'Linux' Foundation works for fascism
What the Silencing of Neatnik Tells Us About Linus Torvalds Inside a Microsoft-Dominated 'Linux' Foundation
Is Linus Torvalds free to express his mind as he wishes about every topic, even just any technical topic?
Windows Down to 11.35% in Senegal, as Measured by statCounter
Another all-time low (Windows was at 99% in 2009)
"Latest Technology News" in BetaNews is LLM Slop Promoting OOXML and Proprietary Software at the Expense of LibreOffice and OpenDocument Format (ODF)
Remember that "open-source" and Open Source aren't the same; the former is fake
Links 09/02/2025: Coffee, Toxic Productivity, and Programming
Links for the day
Debian's Human Rights violations & Swiss women Nazi symbolism
Reprinted with permission from Daniel Pocock
Links 09/02/2025: Software Patents on MP3 and Another Scam Dressed Up as "Crypto"
Links for the day
Links 09/02/2025: Russian Energy Cut Off, LLM Pushers Show Signs of Desperation
Links for the day
Richard Stallman (RMS) Does Not Have Media Companies and Lobbyists on His Side, But His Message Spreads Regardless
The message of RMS is spreading in spite of all the smears
GNU/Linux Rises to All-Time High in Chile
sharp rise for GNU/Linux in Chile
Links 09/02/2025: Hottest January on Record, Panama Blackmailed
Links for the day
Why We Still Love Gemini Protocol
Gemini Protocol may seem like something "old" (it's actually very new) and something "nobody would use", but many people use it
Gemini Links 09/02/2025: "Died as a Mineral" and Game Interface for a Non-Game
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 08, 2025
IRC logs for Saturday, February 08, 2025
Links 08/02/2025: UK Back Doors and Religious Fundamentalists in Positions of Higher Power
Links for the day
Today's IBM (Red Hat) Isn't the Company That Fought a Microsoft-Sponsored SCO in Court
IBM is nowadays in a state of rapid disintegration
When You Simply Rebrand Almost Everything as "Hey Hi" ("AI"), "Hey Hi Workloads", "Hey Hi Datacentres" and Whatnot
The "growth" has been a growing lie for years if not decades
Microsoft Windows Falls to 12% in Myanmar
Remember that Microsoft is virtually 0% in mobile
This is the Man Who's Attacking Linus Torvalds et al in "a Disease" (Social Control Media)
One thing that Richard M. Stallman and Torvalds can agree on is that Social Control Media should be avoided
Gemini Links 08/02/2025: "Thought Leaders" and Returns to Gemini Protocol
Links for the day
Links 08/02/2025: MElon Coup, Mass Layoffs at Facebook, and PlayStation Network Down
Links for the day
Unlike GAFAM, Free Software Serves You, It Does Not Serve Governments and MElons (Overlapping Forces)
Tired of oligarchy controlling your life through gadgets and "apps"?
On Wars Against Founders
We need to insist that founders remain
When It Comes to Social Control Media, Linus Torvalds is Channeling Techrights
GAFAM workers know exactly who to aim at
New EPO Paper: Promoting (Rewarding) People Who Grant Many Illegal European Patents to Make More Money (at Europeans' Expense) While Patent Courts in the EU Are Themselves Illegal
now the coup is sort of complete and even the "courts" are part of the corruption
Slopwatch: Carnival of LLM Slop and FUD Spewed by Bots, Pasted in by MaKenna Hensley and Day
Welcome to the Web in 2025. Articles about "Linux", "Security", and the Web (e.g. "Firefox") are fake.
Links 08/02/2025: News Corp Admits Traffic Declines, Wildlife Trafficking Tackled
Links for the day
Gemini Links 08/02/2025: Lamp and Notions
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 07, 2025
IRC logs for Friday, February 07, 2025