Bonum Certa Men Certa

EPO Management is Knowingly and Consciously Granting Invalid European Patents, Including Patents on Life and Nature

Anything to fake so-called 'production'

3 pears



Summary: A "patents on everything, just apply today at the EPO!" attitude has tarnished the reputation of the EPO; it's abundantly clear that the EPC is being routinely violated because all that matters to the EPO is money from applications and renewals (milking cows)

IT IS everything but amusing to see the attitude of Iancu at the U.S. Patent and Trademark Office (USPTO) and António Campinos at the European Patent Office (EPO). They disregard the law, they mock judges. They grant software patents which they know would not be upheld in courts. As a patent maximalist put it yesterday in relation to the USPTO: "the agency was refusing to issue patents that it saw as crossing-the-eligibility-line. However, the new statements by Dir. Iancu go the other-way, with the USPTO creating a policy of issuing patents that the courts would find invalid (if given the opportunity). The statement from the court here is important although buried in a non-precedential opinion. One reason for its importance is its clear tension with the Federal Circuit’s recent decision in Natural Alternatives that called for Skidmore deference to be given to the PTO statement on eligibility."



The subject is important enough that, even though we refuse to cover pertinent US patent cases, we wrote about it yesterday. The same thing is going to happen in Europe. To a certain degree, it is already happening. We wrote about it last week and the week before that after the UK Supreme Court had dealt with such a matter (after they had thrown out yet another European Patent). At Lexology, Gowling WLG's Gordon Harris and Paul Inman wrote about the UK Supreme Court in relation to the EPO as recently as yesterday ("The UK Supreme Court review of the law of obviousness"), so people aren't forgetting just yet. There's a growing sense of tension between courts/judges and the EPO -- similar to what we see in the Federal Circuit and SCOTUS (US).

"There's a growing sense of tension between courts/judges and the EPO -- similar to what we see in the Federal Circuit and SCOTUS (US)."We keep exploring various new decisions and grants, only to find a rather consistent pattern. Those who are inside the EPO are inclined to do what Campinos wants (maybe fearing for their livelihood), whereas outside the EPO we keep seeing European Patents invalided aplenty. Is the Opposition Division free to rule as it sees fit? Without fear from management, which is a pack of patent maximalists? Is the Opposition Division any more independent than the Boards of Appeal? No, neither is independent. So here's one newly-announced outcome which pertains to mass litigation in Düsseldorf:

Visual technology market leader RealD Inc. announced today that the European Patent Office's (EPO) Opposition Division has upheld the validity of another one of the Company's key patents for light-doubling 3D cinema projection systems. As a result, RealD's European patent that covers triple-beam 3D cinema projection systems (EP2846180) remains in full force.

RealD announced on December 18, 2017 the filing of a complaint with the District Court in Düsseldorf, Germany, alleging that Volfoni SAS, Volfoni GmbH and CinemaNext Deutschland Gmbh have infringed three of RealD's European patents by the importation, sale, or offer for sale of the Volfoni SmartCrystal Diamond cinema systems in Germany. In the complaint, RealD requested an injunction banning the sale of the infringing devices and sought financial damages.


By the sound of it, the patents might still not be valid, but it remains to be decided by someone outside the EPO, which is managed by patent maximalists. Watch what they wrote yesterday about "medtech" (their new buzzword and hashtag for algorithms that are used in a medical context). They also used the hashtag "biotech" and the term "life sciences" (bogus nonsense, used more often than not to describe life and nature as patent-worthy man-made 'inventions'). To quote yesterday's tweet: "Do you work in life sciences? Eight of the EPO’s top ten applicants for #biotech #patents came from Europe."

Like what, patents on genetics? Vegetables? Seeds? Pigs?

The EPO is granting patents on life. Patents on nature, too. When do we get to see patents on religions and superstition too? Is "God" patented yet? All the "Gods"?

Global Banking And Finance Review has this new press release about genetics being patented in spite of the CRISPR controversy (Opposition Division). In their own words:

ERS Genomics Limited announced today that the European Patent Office (EPO) has issued a new patent to Dr. Emmanuelle Charpentier, The Regents of the University of California and University of Vienna. EPO Patent No. 3,401,400 claims methods and compositions of using CRISPR/Cas9 to modify DNA and regulate gene activity in eukaryotic cells, including kits to carry out such work. ERS Genomics provides broad access to these and other foundational CRISPR/Cas9 patents co-owned by Dr. Emmanuelle Charpentier.


Great! European Patents on genetics! Yet again.

EPO management keeps pretending that it'll tackle the legality of it with respect to the EPC, but watch what Jim Robertson has just said:

The only legally "clean" way for this to be resolved is for the Biotech Directive 98/44/EC to be amended - at that point the AC could use Art 33(1)(b) EPC to amend Art 53(b) EPC to bring it into line with the amended Biotech Directive. That does, however, requires unanimity of all EPC contracting states.

This is a political issue, and the big question is: why it is happening this way? If *all* EPC contracting states (therefore also implying all EU member states) wanted the EPC to be amended then it would be relatively simple and easy to make the necessary changes to the Biotech Directive and the EPC.

Do the events at the EPO imply some kind of political problem? A lack of unanimity? As ever, it would be fascinating to find out exactly what is actually going on behind the scenes...


“Do the events at the EPO imply some kind of political problem? A lack of unanimity? As ever, it would be fascinating to find out exactly what is actually going on behind the scenes...”
      --Jim Robertson
Robertson was responding to Mike Snodin, who on Tuesday quoted from CIPA's position paper (we had made a local copy [PDF] and remarked on it earlier this week). His quote from CIPA's publication : "Our position is that there are presently are no valid grounds upon which the EBA could accept a referral the President under Article 112(1)(b) EPC with respect to the interpretation of Article 53(b) EPC. The EBA has already provided a binding interpretation of Article 53(b) EPC, meaning that there are no “different” (i.e. conflicting) decisions of Boards of Appeal that might form the basis of a referral under Article 112(1)(b) EPC"; and

"in our view, there are no valid grounds for disputing the Board of Appeal’s conclusion that the above-mentioned EC Notice (i.e. the Notice upon which Rule 28(2) EPC was based) has no legal authority under the EPC".

The EPO is clearly and unreluctantly still granting patents in defiance of the EPC. SUEPO estimated, as per its two-days-old publication, that 30,000 such invalid European Patents were granted last year alone. It is extremely expensive (legal fees) to clean up such a mess. It's almost impractical.

Recent Techrights' Posts

It's Friday Night Again, So Microsoft is Again Shelving (Under Weekend Lull) Nightmare News for XBox Staff
It did the same thing when the chiefs of XBox got canned
Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
 
The Register MS Has Just Published Fake Article That Mentions "AI" 23 Times. "Sponsored by Arm." It Does This Every Day.
A lot of the time we see this term everywhere in "the news" simply because slop pushers are paying for it
SQLite Under DDoS Attack by Slop Reports or Fake 'Bugs' (Just Like cURL and Many Other Projects)
Even Linus Torvalds is starting to talk about this
IBM: The B Turns From "Business" to "Bailouts" to "Buybacks" ("IBM is the Next Intel")
Trying to shore up the falling share price/stocks while veteran workers and Vice President (with high salaries) are cut off
Links 30/05/2026: More GAFAM (Amazon) Mass Layoffs, Peter Schiff Warns of Trillion-Dollar Slop Bubble Waiting to Implode
Links for the day
Slop is Plagiarism
Trillions of dollars down the drain, invested in a dud
Gemini Links 30/05/2026: Rehabilitation and Taming Emacs Cache and Temporary Files
Links for the day
Richard Stallman (RMS) Talks and Secure Transmission of Private Communications in Formats Everybody Can Access With Free Software
Maybe the FSF should step up a bit the campaign to use Free software to communicate with one another
General Consultative Committee (GCC) Discusses Working Conditions of Employees of the European Patent Office (EPO)
On the agenda: Salary Erosion Procedure, Breastfeeding Policy, New Amicale Framework, Public Holidays 2027
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 29, 2026
IRC logs for Friday, May 29, 2026
Links 29/05/2026: "Spyware Economy" and Cuba's Energy Crisis
Links for the day
Gemini Links 29/05/2026: Rap Rant and LLMs Criticised
Links for the day
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026
Links 28/05/2026: Pakistan and Afghanistan Are Still Fighting, Iranians Back Online
Links for the day
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026