Bonum Certa Men Certa

EPO Defying Patent Restrictions/Limits From the European Parliament, the European Commission and the European Countries It Claims to Represent

The European Patent Convention (EPC) does not matter to the European Patent Office (EPO) anymore

European Parliament



Summary: The departure from the EPC (and from the rule of law) at the EPO still means that patents are being granted on things that, as per the constitutions, should never have been patentable

THERE is that boring old saying/canard, "the revolution won't be televised..." (or similar; along those lines)



At the moment, so-called 'IP' blogs (patents are not property) aren't saying much, if anything, about the EPO. IP Kat continues to intentionally overlook the rapidly-declining quality or lowered patentability bar at the EPO. Instead, in writing about the EPO/EPC a couple of days ago, it said this: "In order to satisfy the sufficiency requirement of the European Patent Convention (EPC), it is necessary for the applicant of a European patent application directed to a medical use to show that the claimed therapeutic effect is credible. However, when an patent application is filed, human clinical trial data are often not available. The claimed effect must therefore be demonstrated by data from in vitro experiments and animal models that are representative of the human disease. This practice reflects that of academic science, in which potential treatments are first tested and published using animal models before they are translated to the clinic. However, an applicant can face an uphill battle in convincing the European Patent Office (EPO) examiner that animal model data credibly demonstrate the claimed effect."

"Many patents are nowadays being painted as "medical" or "clinical" even though they're not..."There were similar articles (similar to the above) lately and usually the comments are a lot more informative. Many patents are nowadays being painted as "medical" or "clinical" even though they're not; it's that same old strategy of pretending denial of a patent would "cost lives..."

The EPO meanwhile angers everyone by granting patent monopolies on fruit and vegetables, plants and seeds, or basically nature itself. A few days ago an article was published to bemoan this; it turns out that the backlash foreseen before Christmas is already materialising, however slowly:

In June 2017, the European Patent Office (EPO) decided that no more patents would be granted on vegetables and fruit that originate from classical breeding techniques. However, the Technical Chamber of Appeal of the EPO concluded that this prohibition is in conflict with the European Patent Convention. According to current regulations, patents may still be granted on plant properties.

This is a huge setback, according to Dutch MEP Jan Huitema, since the European Parliament, the European Commission and the European countries have spoken out against this in order to prevent fruits and vegetables from falling into the hands of a small number of large companies and stifling innovation.


We've long opposed patents on such things; even many EPO insiders recognise the dangers of such patents. Then there's the threat of patents on algorithms or on mathematics -- something that wasn't envisioned in the days of the EPO's inception. How far down can the patent bar go?

"Courts' rejection of such patents will, in the long run, devalue European Patents and harm the reputation of this whole system.""You can watch the recordings of the EPO's #PatentingBlockchain conference," the EPO wrote at the end of the week, citing an event that advocated software patents in Europe; invited to the panel/keynotes were literal patent trolls, notably the patent troll most notorious in this domain. This seems to be happening a lot under António Campinos, whose management team converges with trolls' front groups.

Remember that patents on computer vision (my research area) are also software patents and the EPO promoted these as recently as days ago, citing an "EPO study"...

It's worrying to see the EPO getting away with this intentional and reckless degradation of patent quality. Courts' rejection of such patents will, in the long run, devalue European Patents and harm the reputation of this whole system. This is exactly what happened to patents granted by the U.S. Patent and Trademark Office (USPTO).

Recent Techrights' Posts

IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
 
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026