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

Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
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
 
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
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
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
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