Bonum Certa Men Certa

People Are Dying Because of Low Quality of (Wrongly-Granted) European Patents

While the media and so-called 'IP' blogs look the other way

Science|BusinessSummary: EPO puff pieces and shallow coverage help distract from the crisis of patent quality in Europe -- a crisis that now culminates in real threats to women with breast cancer

ASK anyone at the European Patent Office (EPO) and they'll tell you that quality of patents isn't what it used to be. Everyone knows it, even the management. Some people are in the job of publicly denying this (not privately) and many are afraid to openly speak about it. Stakeholders, notably law firms, have already complained although they too have something to lose (clients walking away from them, i.e. fewer patent applicants). SUEPO is being threatened if it dares bring up the subject (we've given examples). This is hardly surprising given the rushed pace of work and internal leaks from a couple of years ago.

"This is hardly surprising given the rushed pace of work and internal leaks from a couple of years ago."Patents are not a game; economies and lives are at stake. It's not a 'sport' and it's not 'showbiz'.

Yesterday the EPO retweeted this nonsense which says: "From 2011-2017, European #patent applications for #AutomatedDriving technologies increased fourfold, according to the latest data from the European Patent Office ( @EPOorg)."

They're merely reclassifying old things for hype waves (e.g. calling algorithms "AI", even retroactively) and granting fake patents (patent which courts would reject) that are abstract. Science Business, based on what it published earlier this week, is still in the business of writing propaganda/puff pieces for the EPO [1, 2] in order to help software patents agenda in Europe. This is what it has just published:

From 2011 to 2017, European patent applications for automated driving technologies increased fourfold, according to the latest data from the European Patent Office (EPO). This is by far the largest increase in the number of patents, with EPO reporting a 16 per cent increase across all technologies in the same period.

Half of the top 25 companies active in the field of automated driving at the EPO are not traditional automotive companies, including the top four applicants, Samsung, Intel, Qualcomm and LG.


These are patents on things like computer vision, my research discipline, which boils down to implementing mathematics (e.g. geometry) on a computer. Not many of these have anything physical to show. Nothing.

"These are patents on things like computer vision, my research discipline, which boils down to implementing mathematics (e.g. geometry) on a computer."But wait. It gets worse.

Having previously covered the EPO's threat to patients with cancer [1, 2], we were interested to see yesterday's post from IP Kat. Embargoes are being initiated using patents -- questionable patents that will kill poorer women with cancer. The mortal damage and great suffering (in the process) caused by dubious European Patents that should never have been granted in the first place isn't a subject that IP Kat covers. Heck, today IP Kat never even mentions the patent quality problem and the EPO corruption that kills people, sometimes literally. IP Kat has at least given up on UPC jingoism, seeing that it was a lost cause anyway. Here is what IP Kat wrote yesterday:

The English Patents Court recently handed down a decision granting Novartis a preliminary injunction to prevent infringement of its second medical use patent protecting sales of its breast cancer drug everolimus (marketed as Afinitor) - Novartis Pharmaceuticals UK Limited v Dr Reddy's Laboratories (UK) Limited [2019] EWHC 92 (Pat). Dr Reddy's opposed the injunction on the basis that the patent in issue is invalid on the basis of added matter but did not otherwise dispute infringement.

What is interesting about the decision is that the High Court reached a "provisional but clear" view at the interim hearing that there is no added matter in claim 1 of the patent. This differs from the EPO's decision of September 2018 in opposition proceedings, where the patent was found to be invalid for added matter under Art 123(2) EPC (see EPO decision here). The EPO decision is currently under appeal.

[...]

What happened in the EPO opposition proceedings? The EPO applied the principle that selecting items from two lists means that a claim may contravene Article 123(2). This is expressed in the European Patent Office's case-law textbook in its current edition - see paragraph 1.4.2 of section II.E.1 Article 123(2) EPC). It reached the conclusion that there is no specific pointer to the specific combination therapy claimed (further detail can be found from paragraph 3.2 of the EPO's decision).

[...]

The judge, Birss J., also proposed writing to the EPO to notify it of the UK infringement proceedings and to request expedition of the EPO appeal. He noted that Dr Reddys are not prevented from raising additional arguments on validity at the UK trial.


Are courts rushing to mob 'justice' here? Before the legitimacy of the patent/s in question is even known? That's what the US ITC did after the Patent Trial and Appeal Board (PTAB) had rejected a Cisco patent, following an inter partes review (IPR). Do we want an embargo-centric trigger-happy system, such as what Team UPC envisions and lobbies for (on behalf of companies like Novartis, which make a killing out of cancer)?

"Miracles and justice are mutually exclusive. We need justice, not "miracles"."At the moment, Team UPC hopes that its corruption will yield something, bypassing national courts and handing more power over to an EPO-connected bureaucracy. "Miracle needed," Heuking Patent Law Team wrote on Twitter yesterday. To quote: "Only 2 months until #Brexit . Agreement regarding the European #UnifiedPatentCourt not in force yet. No decision of the German Constitutional Court on the related complaints yet. No brexit deal. Ongoing debate in the House of Commons. Miracle needed."

Miracles and justice are mutually exclusive. We need justice, not "miracles".

"As if there's no other EPO scandal -- a real one -- to be covering. IP Kat has instead been covering up, e.g. by deleting all comments about António Campinos and not mentioning him since."As we explained some weeks ago, the 'Kats' have become part of the problem; they're not writing about the UPC's demise and EPO corruption anyway (does not suit their agenda). These Kats' blog deals with non-scandals, such as the EPO's drawing requirements -- a shallow post that attracted this IP Kat comment: "The Korean Patent Office accepts colour photographs. These could present problems in getting legible drawings for EP filings. In one case where the draftsmen we used had great difficulties, I got much better results using a basic image processing program that came with my ancient Windows 98 PC that could render continuous tone images as contours of different patterns."

As if there's no other EPO scandal -- a real one -- to be covering. IP Kat has instead been covering up, e.g. by deleting all comments about António Campinos and not mentioning him since. Censorship followed by self-censorship.

Recent Techrights' Posts

State of Tech Journalism in 2026: Follow the Money
in order to understand what motivates an opinion piece one must follow the money
 
More Tools, Factorising Code
If some things in the site of Gemini capsules don't behave as expected, then that's likely due to a bug
Europe in 2026: Over 5% GNU/Linux, Not Counting Chromebooks
2026 has started strongly
Slopfarm Says Microsoft's "Biggest Business" is the 'Business' Where It Loses Tens of Billions of Dollars
TOI still pretends to have a lot of output
At the Start of January 2025 Microsoft President Said Microsoft Would Spend 80 Billion Dollars on "AI" Data Centres. That Didn't Happen. Microsoft Laid Off 30,000 Workers, Debt Surged.
Maybe this coming Monday Microsoft will come up with more false promises and vapourware
Links 02/01/2026: Insurrectionist Attacks Musicians Critical of Him With Lawfare, Project Gutenberg Now Has Over 75,000 Books
Links for the day
Decline in LLM Slop About "Linux" is a Good Start for 2026
When the only remaining proponents of slop are slop, which is pretty much what's happening right now, the bubble is popping
EPO People Power - Part XXII - Contact Officials and Inform Your National Representatives (Delegates) of the EPO's Cocainegate
Europe's largest media intentionally covers up serious scandals in Europe's second-largest institution
Slopwatch Still Dead, Not Enough LLM Slop About "Linux"
this is the desirable thing
LibXML2 Will Carry on (Without or With the Name "LibXML2")
The proprietary software boosters are projecting
Gemini Links 02/01/2026: ThinkPad, SHARP Zaurus, Lagrange Handheld Support
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 01, 2026
IRC logs for Thursday, January 01, 2026
Links 01/01/2026: "Biophobia" and Renewed Effort to Locate MH370
Links for the day
Gemini Links 01/01/2026: Bot Accounts Online and Reading in 2025
Links for the day
IBM’s and Red Hat’s "Operation Evolution initiative" Just Long, Fancy Term for Bluewashing, Redundancies, Layoffs
Gerstner is still alive, but he's shorter and more arrogant
Designing a Better Mousetrap or Tools for the SSG
Static Site Generators (SSGs) - unlike all modern Content Management Systems (CMSs) - are so simple that extending them is easy
Links 01/01/2026: 1930 Works in the Public Domain, Electricity Pricing 'a Mystery'
Links for the day
Firefox is Toast Because It Got Toasted by Mozilla
Firefox cannot keep above 2% and hasn't been able to for quite some time
Ignore the LLM Slop and the Noise, Microsoft is in a Death Spiral
So what does Microsoft have left to sell?
Red Hat is Vanishing Before Our Eyes
With some Red Hat staff "transitioning" we wonder if it's an HR hack, wherein they "reset the clock" on employment duration so as to lessen severance obligations
In 2025 Microsoft Lost Palau
Palau now has GNU/Linux at steadily high levels
Microsoft Mocked UNIX/Linux for Not Handling Dates After 2038, Microsoft Breaks Down on 2026!
Only a truly moronic company would design it that way
Another New Year's Resolution: Public Domain Sources, Credits
In addition to our first one
Combatting Slop Images (and ClownFlare)
we won't use or reuse slop images
The End of Red Hat
expect many more layoffs soon
A New Year's Resolution: Maximal Transparency
We'll do our very best to be transparent about everything that's going on, even legal matters
Gemini Links 01/01/2026: 2025 Comes to a Close and Capsular Gemlog Manager
Links for the day
Free Software Foundation (FSF) Raised About 1.3 Million Dollars in the Past Couple of Months!
the FSF's Board now has 10 people in it
2026 IBM Phaseout of Red Hat
Red Hat won't fare any better than most IBM acquisitions
Microsoft Budget Issues, XBox Thrown Under the Bus
They're cutting budget. Soon they'll cut the staff.
Only Hours Into the New Year People Already Discuss the Next Round of Layoffs at Red Hat/IBM
2026 will be another tough year for Red Hat and IBM
EPO People Power - Part XXI - Europe's Second-Largest Institution Became a Corrupt For-Profit Company Run by Drug Addicts
it'll be the demise of the Rule of Law in Europe and maybe a death blow to the EU (eventually), not just the EPO
Another Very Productive Year Commences
"a total of over 17,000 pages in a year"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 31, 2025
IRC logs for Wednesday, December 31, 2025
Fiji: GNU/Linux Has Risen From Almost Nothing to Almost 5% in Recent Years
It's not as small as people are led to believe
Gemini Links 31/12/2025: Blogosphere is Growing and New Year Begins
Links for the day
Recruiters Don't Use Microsoft LinkedIn, Spammers Use LinkedIn
One of my best friends, a university professor, lost all of his life's savings due to Microsoft LinkedIn
You've Only Wasted Your Life in Social Control Networks
In a sense, social control media is a giant delusion
2025 Was a Very Bad Year for Social Control Media
statCounter sees a gradual demise in Social Control Media access
Don't "Go Paperless", Go Paperful [sic] (for What Really Matters)
Why should we favour paper use sometimes? Well, many reasons.
Complexity Considered Harmful: We Used to Run an Operating System on 64KB of RAM, Not 64GB of RAM (a Million Times More)
"Initially confined to single-tasking on 8-bit processors and no more than 64 kilobytes of memory"
The Slop Industry is Failing So Badly (Mountains of Debt, Losses) That It's Merging With the SPAM Industry
we reckon that Google will eventually delist all slopfarms, recognising they're just a form of SPAM
Links 31/12/2025: Cheeto Pushing for More Wars, ‘Security is a Shared Responsibility’
Links for the day
Enshittification of Postal Services Isn't Technological Advancement
Societies that say the aim is to "go digital" and eliminate paper trail aren't advanced; they're moving backwards
IBM Starts 2026 a Much Smaller Company (Not Homage to Gerstner)
People who get bluewashed out of their job (or bluewashed into unemployment) are gagged by NDAs
XBox is Likely Dead Already, But the Threat It Posed to Us All for Two Decades Isn't Over
"the Xbox was never about gaming and merely served as a test bed for DRM in commodity systems."
Ahead of 2026 Mass Layoffs at Microsoft the Tree Gets Shaken to See Who 'Falls' (Resigns/Retires)
"We had a quiet meeting last week about budget realignment. No one said layoffs, but it’s clear where the focus is shifting."
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025