03.09.19

Gemini version available ♊︎

From Patents on Chewing Gum to Toothpaste Patents: How the EPO Came to Focus on Speed and Volume, Not Quality

Posted in Deception, Europe, Patents at 12:56 pm by Dr. Roy Schestowitz

“The people who are running the Office are to patents what the Trump administration is to climate science.”

Canine dental hygiene

Summary: There’s still no proper quality control in place for European Patents — a severe problem which will only further exacerbate the legal uncertainty associated with all European Patents

THE European Patent Office (EPO) continues to intentionally dodge a debate about patent quality and instead focuses on speed, which is meaningless (by this yardstick, instant grant is “best”, involving no examination whatsoever). An article was published yesterday to highlight a problem with the EPO’s so-called ‘study’ (number of respondents also relatively low). To quote:

Only 627 EPO users answered the survey; more than 300 said they would be in favour of a procedural option for postponing examination.

He noted that the comments against a system for postponing examination “highlighted the downsides for third parties and the public at large that would be caused by prolonging the pendency of applications”.

In this regard, any results would need to be “viewed with care” according to Watson as “third parties would be less likely to comment on a change to patenting procedures than regular patent applicants”.

Watson concluded that he was “not convinced” the data showed an overwhelming need for an overhaul.

Well, the pendency of patent applications isn’t really the main problem; it should hardly be a problem at all as it’s accuracy and precision that matter. Making the wrong judgment is the real problem — a problem that the EPO is unwilling to address, let alone entertain. It denies that a quality problem even exists. The people who are running the Office are to patents what the Trump administration is to climate science.

Sadly for António Campinos and ‘chums’, people are noticing the decline in quality and expansion of scope that now vastly exceeds what’s allowed as per the EPC (e.g. software patents which are basically mathematics and patents on life, both tackled in 35 U.S.C. § 101 at the U.S. Patent and Trademark Office (USPTO) after SCOTUS ruled on Alice and Mayo half a decade ago).

“Making the wrong judgment is the real problem — a problem that the EPO is unwilling to address, let alone entertain. It denies that a quality problem even exists.”UDL Intellectual Property’s [sic] Simon Mitchell has just mentioned a subject we wrote about yesterday. If the EPO falsely asserts it can grant patents on life and nature in defiance of its founding document and European Parliament, courts will just throw out these patents and reduce confidence in European Patents, in turn reducing “demand” for them (yesterday the EPO actually used the word “demand” as though it is a corporation selling something).

We have meanwhile found out, based on a pair of press releases [1, 2] (one a correction), that not only did the Office recently grant a laughable patent on chewing gum; now there’s toothpaste. Next on the menu: patents on food recipes?

To quote the company: “Patent No. 2563316 [is] entitled, “Toothpaste for Allergic Desensitization via the Oral Mucosa.” The patent includes claims to the approach of combining allergenic proteins with toothpaste.”

“That’s the same kind of thing Theranos said after the USPTO had given it patents and EPO hailed/lauded the founder, a literal fraud, as champion of innovation.”So they are blending a couple of chemicals. Innovation!

The CEO of this company is quoted as saying: “The grant of this key patent further validates the novelty of the OMIT platform and enables us to accelerate the development of new options for allergy sufferers.”

That’s the same kind of thing Theranos said after the USPTO had given it patents and EPO hailed/lauded the founder, a literal fraud, as champion of innovation.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Sunday, September 26, 2021

    IRC logs for Sunday, September 26, 2021



  2. Links 27/9/2021: Librem 14 Reviewed, Linux 5.15 RC3 is Out

    Links for the day



  3. Links 26/9/2021: GNU Wget2 2.0.0 and MenuLibre 2.2.3 Released

    Links for the day



  4. How Basic Laws and Fundamental Rights Got Crushed in the European Patent Office

    Our next series will show the sheer hypocrisy of the EPO, hiding behind the veil of (patent) law while so shamelessly violating just about every law in the books without facing any form of accountability



  5. Regrettable Acts of Self-Harm: OpenMandriva and Mozilla Being Outsourced to Microsoft Proprietary Software and Monopoly

    In another blow to software freedom, OpenMandriva and Mozilla decide to abandon their own systems and use proprietary software from Microsoft instead



  6. Links 26/9/2021: Mozilla Spends on PR, OpenMandriva Outsourcing to Microsoft

    Links for the day



  7. IRC Proceedings: Saturday, September 25, 2021

    IRC logs for Saturday, September 25, 2021



  8. Links 25/9/2021: GNU/Linux Recognition in Mainstream Media and Wine-Staging 6.18

    Links for the day



  9. Reminder: GNU Turns 38 This Monday Around Midday (When GNU's Founder Gives Talk in Poland)

    With media and Torvalds speaking again about anniversaries (this has gone on for the past week because Torvalds wrote about it yet again), it is important to recall the announcement that got the ball rolling and basically started it all (the GNU/Linux operating system) because it was in 1983, not 1991. We reproduce in full the announcement.



  10. Links 25/9/2021: Wine 6.18 and Chromium Complier Woes

    Links for the day



  11. [Meme] When the EPO Watches Everything ('Dissidents', Media, Etc.) and Isn't Being Watched by Anybody

    The EPO is taking Europe for a wild ride; Everything is a vehicle for the very same agenda, with nobody left to hold it accountable or ask any tough questions… (even the media is in the EPO’s back pocket or back seat)



  12. Virtual Oversight

    “eMeetings” that simulate an impression of oversight are like ‘ViCo’ to simulate access to justice; will that ever change and will oversight be restored at EPOnia, Europe’s second-largest institution?



  13. The Corporate Coup Against the Soul of the Free Software Community Is Not Over

    The erosion of community role in the development of GNU/Linux is a growing problem; part of the problem is that large corporations target technical and philosophical (perceived) leaders in coordinated smear campaigns, led by media they own



  14. IRC Proceedings: Friday, September 24, 2021

    IRC logs for Friday, September 24, 2021



  15. Links 24/9/2021: GNU Coreutils 9.0, BattlEye GNU/Linux Support

    Links for the day



  16. [Meme] 'Linux' Foundation is Greenwashing Microsoft Again, Misusing the Linux Brand Like Nobody's Business

    Microsoft has weaponised the Linux brand to dub a toxic company like itself (helping notoriously polluting companies and generating lots of waste, both directly and through planned obsolescence, inefficient software, DRM, etc.) as "green"



  17. Richard Stallman to Speak (in Person) in Poland, Dedicate the Talk to Medical Professionals

    Days after his talk in Ukraine Richard Stallman plans to do the same in Poland (just announced)



  18. Links 24/9/2021: 30 Years of Europe’s First Root Name Server, Repairability of Laptops Discussed

    Links for the day



  19. ZDNet Has Failed

    ZDNet is on the decline and its demise appears to have greatly accelerated in recent months; we take a quick look at this month's coverage and explain the conflict of interest (it's PR, not news, and it's far too shallow/blatant to simply overlook)



  20. [Meme] Some People Are Just Above the Law

    A lot of people are still flabbergasted or at least baffled/miffed to discover that some people are in effect above the law; not even Europol and Interpol can apprehend and hold them accountable; that needs to change. Had Benoît Battistelli worked for France Télécom S.A. (not the EPO), would he be arrested? What about António Campinos and his drunk son?



  21. NPR and PBS, Both Funded by Bill Gates, Try to Save Him

    Bill Gates continues to corrupt the media and corrupt social control media (such as Twitter) using his money



  22. The EPO Must Forsake Its Diplomatic Immunity and Quit Pretending It's About Patent Law (or Any Law)

    There's no sign of the EPO actually trying to obey the law and correct the mistakes of the past; to make matters worse, the existing administration adds yet more corruption to an already-massive pile while dismissing any form of oversight



  23. IRC Proceedings: Thursday, September 23, 2021

    IRC logs for Thursday, September 23, 2021



  24. Links 24/9/2021: Ubuntu 21.10 Beta, Istio 1.11.3, and More Milestones for Steam Deck

    Links for the day



  25. [Meme] President Campinos Addresses the Legacy of Battistelli's “Strike Regulations”

    A sequence of four EPO memes about those infamous and unlawful “strike regulations” that Benoît Battistelli and António Campinos have exploited to abuse thousands of workers



  26. [Meme] Bill Gates Keeps Digging Himself Deeper in the Grave Each Time He Speaks

    These sorts of ‘interviews’ with Gates’ own propaganda mills (he also pays Twitter now) aren’t going to improve his image; people aren’t infinitely gullible (Source)



  27. Linux Foundation and Other 'Diploma Mills' Say There's Demand for Their Products in Their New 'Research' (Marketing)

    The so-called ‘Linux’ Foundation (LF), together with edX, are basically marketing their services and products, but this is disguised as 'research' (a false narrative widely parroted by shallow and paid-for media partners of theirs), piggybacking brands like “Linux” and buzzwords like “Open Source” (even when they promote proprietary things, e.g. memorisation of proprietary GUIs)



  28. [Meme] The EPO's Carte Blanche and 'Diplomatic Immunity' Card

    EPO staff is being taken for another ride by António Campinos and his cohorts, whose popularity among staff has likely gone down to sub-zero levels already (even faster than Benoît Battistelli)



  29. As Expected, Minimal Pseudo Compliance From EPO Management, Adding Insult to Injury

    SUEPO Central, the core of the staff union of EPO staff (almost 7,000 workers at the EPO, most of whom are SUEPO members), has strong words about the EPO's attitude and stance, which is perhaps unsurprising but still extremely disappointing



  30. Links 23/9/2021: PostgreSQL 14 RC 1 and MidnightBSD 2.1

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts