Bonum Certa Men Certa

Today's EPO Envisions a Europe of Patent Trolls, Not of Science and Technology

Litigation rather than innovation (good for lawyers)

Marks & Clerk



Summary: The rapidly-declining quality of European Patents (EPs) would necessarily flood the market with patents that are good for nothing but extortion (as actual lawsuits would have these patents voided by judges); this means that non-producing actors are set to benefit the most, whereas small companies should prepare for a lot of harm (legal costs)

THE quality of European Patents (EPs) worried us for quite some time, predating António Campinos and even Battistelli, in particular because of software patents. Things have gotten worse over time. Today's European Patent Office (EPO) very openly and shamelessly promotes software patents in Europe, calling them "AI" or "CII" or "ICT" or "IoT" or "4IR" or whatever (there are over a dozen buzzwords like these, usually cryptic acronyms).



We aren't against patents, not as a whole and not per se, either. We're pro-patent quality, that's all. No need to settle or go to court over patents that judges would not annul, as per the law. Examiners feel the same way, judging by the petition many of them signed last year. Earlier this week we saw this press release:

... notified by the European Patent Office (EPO) of its intent to grant the Company a new patent (EP3325623) covering the combination of AsiDNA™, Onxeo’s first-in-class agonist of the DNA Damage Response (DDR) , with any PARP inhibitor (PARPi), in all countries of the European Union (EU).


DNA?

Remember when the EPO granted patents on physical things? Actual inventions, not just lives (nature) and code (mathematics)? Back when the EPO actually cared about patent quality, seeing it as a top priority? Now it's just a trolls' granting (for litigation pipeline) machine. Earlier this week the EPO took note of the first EP ever granted (warning: epo.org link): "EP 0 000 001 was only one in a batch of 112 applications published on that day. Others included a "Combination lock" (EP 0 000 003), a "Lifting device" (EP 0 000 008), and a "Method for the manufacture of amino-formaldehyde resins" (EP 0 000 096). They came from applicants based in Luxembourg, Sweden, the UK, the US, Japan and other countries."

Notice how those are physical, concrete inventions. And these went to actual inventors.

Earlier this week the patent trolls' lobby mentioned how Nokia's patents had ended in the hands of patent trolls. "It was owned by Nokia," IAM wrote. "They transferred it to an NPE in 2017. Now it’s being sold. There are 3,500 families, so a lot of patents."

The subject was brought up here. "Prior to this headline," Florian Müller, "I wasn’t aware of Nokia planning to divest a huge patent portfolio. Could be an interesting deal."

The said article dubbed it "news of a huge Nokia patent disposal."

"New Nokia portfolio for sale is the largest open market patent deal in telecoms since Nortel and could provide a guide to how attractive the IP sector is to private equity funds and other investors," it says further down.

As a reminder to our readers, Microsoft had instructed Nokia to pass patents to patent trolls (e.g. MOSAID/Conversant) which then attacked Linux, i.e. Microsoft's competition.

Is this actually beneficial to Europe? Or to innovation?

Now, going back to the EPO, here is what it wrote earlier this week: "The main challenge for patent offices from AI will be its rapid growth across a range of technical fields. More on how the EPO is well prepared to face this challenge here: http://bit.ly/AIpatents"

"AIpatents" are just software patents. Applicants just start calling lots of algorithms "AI" (which in itself is algorithms anyway) and the EPO then grants fake software patents. At around the same time the EPO wrote:

Few inventions in the 21st century stand to have as great an impact as self-driving vehicles. This study provides a comprehensive picture of current trends & emerging leaders in self-driving vehicle technologies. http://bit.ly/SDVstudy #FutureOfCars #SelfDriving pic.twitter.com/AJC6zuRNNF


The EPO is mostly advertising patents on computer vision here, i.e. algorithms or software patents. It added: "Drawing on the most recent data from the EPO & incorporating advanced technology expertise, this study is a unique source of intelligence for policymakers and industry leaders looking to understand changes in the #selfdrivingvehicles sector..."

"SDV" is just their latest buzzword (among many). How about "Blockchain"? The EPO invited very notorious patent trolls (still active, based on IAM) to its panel on the topic. There are two aspects to that; one is management of patent data and the other is patenting of blockchains (techniques pertaining to these). Regarding the former, IP Kat's Tian Lu has just published this article about (mis)use of "Blockchain" by the litigation 'industry' (not examination even):

Blockchain technology, for all its merits, is not (that) new. This Kat believes that even before all the above-mentioned Courts’ nice initiatives, parties could submit any forms of evidence they preferred, which of course could include the blockchain-related evidence. In other words, China does not suddenly give the green light towards blockchain authenticated evidence nor does it give a total and unconditional acceptance. The blockchain evidence, as a type of electronic data, must fulfill the legal admissibility requirements on evidence in general, with no exception -- the Chinese courts retain an open and neutral stance in this sense.


It's all about lawsuits, as usual. The EPO became all about lawsuits and it's imitating China when it comes to patent quality. This is a dangerous recipe. Do we want a Europe full of Nokias or full of patent trolls like the ones it's nowadays arming? Ericsson does the same. ⬆

Recent Techrights' Posts

European Patent Office (EPO) Series: Temporary Public Office or Permanent Personal Feather-Bed?
there are no visible signs that the Administrative Council has the slightest interest in contemplating a change in leadership at the EPO
Brigading Against Women - Part IV - Death Threats, Threats to Women, and Threats for Pointing Out, Correctly and Based on Hard Evidence, That Garrett and Lozza Talk to Each Other About Me Every Year (for 4 Years)
Brett Wilson LLP too is a toxic manosphere
Making Oneself Obsolete With Slop
Dr. Lemire also puts on display a degree of hypocrisy
 
Gemini Links 26/09/2026: Computer Cases Dreary, Web Drowning in Botspam
Links for the day
Reform UK auditor: Electoral Commission accounts, Companies House accounts, a going concern or not?
Reprinted with permission from Daniel Pocock
More GAFAM Layoffs at Apple, Second Time in Weeks (Silent Layoffs Silently Target Older and "More Expensive" Staff)
How many layoffs happen at Apple silently and go unreported or very scarcely reported?
Gemini Links 26/09/2026: Rant About Slop Ruining Crafts (Drowning the Signal With Plagiarism) and "Going Mechanical"
Links for the day
Links 26/09/2026: Microsoft Says Notification Data Breach/Surveillance Hole There by Design, EU Rapidly Dumping Microsoft for Digital Sovereignty
Links for the day
The Former Linux News Site ostechnix.com is LLM Slop
Please do not link to sites that promote and/or spread slop
Links 26/09/2026: Volkswagen Recalling ~50,000 Cars, US Attacks Its Own Media
Links for the day
Brigading Against Women - Part III - Racism Looms Large, Not Just Sexism
threats from a racist
Microsoft CEO Calls Layoffs "Streamlining" and Says Microsoft Layoffs Are "Great to See"
The lack of honesty here is only to be expected from Microsoft
Media silence deafening as Reform UK on brink of administration
Reprinted with permission from Daniel Pocock
Gemini Links 26/09/2026: Travel, Group Insurance Death Spiral, Stargazing, and Lagrange Meets LLM Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 25, 2026
IRC logs for Friday, September 25, 2026
Longtime Symbol of Microsoft's XBox Franchise, Halo, Down to Barely 20 People
The purge is huge, far bigger than submissive media cares to point out
EPO Meeting Ran Out of Time to Discuss the Scabs ('Young Professionals')
EPO staff representatives in The Hague meet a member of the 'cocaine cabinet'
The Register MS Promotes Slop for Banned Companies That Put Chinese Back Doors in Things, "AI" Mentioned 37 Times in One Page!
taking money from the undemocratic state and its surveillance outfits
Microsoft Attacked European Courts and Jurists, Now Europe Dumps Microsoft
This is because GNU/Linux is technically better, but the political factors contribute to that as well
Julian Assange Ready to Talk More (After More Than a Decade of Arbitrary, Unjust Confinement)
Two years ago, upon his release, his wife said he'd need some time off before properly or fully returning to the public eye
IEEE Tribute to Richard Stallman, Michael Tiemann, Linus Torvalds, Larry Augustin, Eric S. Raymond, Bruce Perens, Frank Hecker and Brian Behlendorf (Revolution OS Showing)
Live shortly
Winding Up Racists
What happens next shall be interesting
Links 25/09/2026: Selling Rogue, Defective Bots as "Agents" Results in PR Fiasco and Breaches; Russian 'Hybrid Attack' and "How Russia Evades Sanctions"
Links for the day
Gemini Links 25/09/2026: Arvelie Calendar, 44net, Pebbles, and Building the Bagel Concert Finder
Links for the day
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DisroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DisroWatch page to make the illusion of popularity
Large Wave of IBM PIPs, the RAs Wave Comes After 'Low-Hanging' Fruit (Families) Disposed of
PIPs are the new RAs
Links 25/09/2026: Carcinogen Atrazine Pollutes Americans' Bodies, "Donald the Deadbeat Does Diesel", and Anger Over Data Centres Grows
Links for the day
Theory That Microsoft Cheapens Its Workforce to Push Workers Out on Their Own (Theory Advanced by Insider)
people work longer hours for less, i.e. their hourly salary is decreasing
Daniel Pocock Makes It Into Mainstream Media Again (Going After Racists)
American bigots funding blatant and shameless racists here in the UK
Tackling Racism in the United Kingdom (Racism Funded by Americans) Using the Courts
We'll talk about racism my wife and I experienced in the events leading up to litigation
Another Woman (or Women) Has Just Run Away From Brett Wilson LLP (After Barely a Month!), the Hired Guns of Garrett and Graveley (Microsoft)
They call this phenomenon "death spiral"
SLAPP Censorship - Part 200 Out of 200: Will GNU Boot Undo the Technical Damage Caused by Microsoft and Garrett? (And Garrett's Litigation Allies From Microsoft)
Today we publish the final part of this series
US Government Sites Can Now Totally Ignore Mozilla Firefox Users or Users of Firefox Derivatives
Firefox, now at 1.1% in the US (based on American government sites), has sunken to the point of no return
Things Not to Measure in Quantity Alone
More patents do not beget greater innovation
Even Microsoft Boosters Start to Doubt XBox Will Exist (It's Being Phased Out, Just Not "Officially")
This is how to phase out a business unit without officially saying so (as it might alarm investors)
Omarchy is Built on the Idea That Slop is Desirable (It's Not)
They call bots and plagiarism "agents" and "training"
IBM is Shrinking Very Fast (Silent, Unannounced Layoffs)
IBM and Microsoft both avoid WARN notices by compelling staff to leave or silently removing them with some NDA
In Some Parts of Microsoft 50% of All Staff Subjected to Layoffs, Media Pretends Only 0.1% of Staff Are Removed
This really says a lot about the state of today's so-called 'media'
SLAPP Censorship - Part 199 Out of 200: An American Burden on the British Legal System
A year ago (October 2025) the head of media (Jointly in Charge of the Media and Communications List), the judge in the Garrett case, said that this case was a waste of the court's money
EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
Criminalising Opposition to Fraud
slop causes social issues
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock
Gemini Links 24/09/2026: Laziness, Outdoor Seating, "AngelNova’s Interview Malware and Its North Korea Connection"
Links for the day
Links 24/09/2026: Slop "Linked to Disturbing Culture of Sexual Assault"; "Zelensky Warns Russia’s War Will Expand if It Is Not Ended Soon"
Links for the day
Winding-up petition served on Reform UK Party Limited (Nigel Farage)
Reprinted with permission from Daniel Pocock
Appliances Should be Dumb
Any "Smart Home Appliance" is basically a thing that does not last long, does not work as advertised, and is generally unfit for purpose
SLAPP Censorship - Part 198 Out of 200: It Sounds Like Garrett is Now Sending People to Silence Critics (Including His Own Spouse)
This week Garrett is having a somewhat karmic experience
Links 24/09/2026: Slop Contaminating KDE, Slop-Focused Data Centres Have Severe Environmental Impact
Links for the day
SLAPP Censorship - Part 197 Out of 200: Garrett Became So Poor That He Wants Others (in Another Continent) to Pay for His Own Legal Work Being Faulty
They lie to courts
The Register MS Has Become a Slopfest
This is the behaviour of a perishing publisher
Gemini Links 24/09/2026: Requiem for a Season, Philosophy, Rube-Goldberg Machine, ROOPHLOCH 2026, and Git over Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 23, 2026
IRC logs for Wednesday, September 23, 2026