Bonum Certa Men Certa

The European Patent Office Will Come to Regret the Fake Patents It Has Granted for Short-Term Financial Gains

These patents harm not only programmers; they also contribute to the deaths of many patients

Floodable keyboard



Summary: The patent trolls-aligned EPO is a massive liability to Europe; staff of the EPO admits this, but management of the EPO ignores the warnings and carries on granting fake patents (not compliant w.r.t the EPC) like there's no tomorrow

IN the United States, 35 U.S.C. €§ 101 undermines a lot of patents on nature and mathematics. It prevents a lot of patent grants but more importantly it's used to dismiss lawsuits that leverage such bogus patents. The lawyers aren't happy. It prevents them making a lot of money from lawsuits, whose number is collapsing.



Watchtroll's new editor (the founder stepped down after two decades) has just used a former Federal Circuit chief judge to pretend patent law is to be made up by bribed politicians, not actual courts ("Judge Paul Michel: Look to Congress, Not Courts, to Fix the U.S. Patent System"). Michel is like a 'retired' lobbyist for software patents that patent trolls leverage (David Kappos does the same thing, often alongside Michel). This is nothing new. He always appears alongside the usual people, mostly former USPTO chiefs who are in bed with the litigation 'industry' (the new USPTO managers too have come from there). Donald Zuhn takes note of "effort by the Office to increase patent examination quality and efficiency through the development of an automated tool for USPTO examiners..."

Sounds familiar? It is more or less the same language we often see in Europe ("quality", "efficiency"...) and the same methodology that failed miserably.

The European Patent Office (EPO) is being copied by the U.S. Patent and Trademark Office (USPTO). They want to grant lots of questionable patents which they know courts would reject (and judges aren't happy with that).

About a week ago we wrote about the Office kidnapping the branch of justice. It even abducts its overseer, the Administrative Council. There's no separation of powers (essential for real justice). So it's getting harder to demonstrate just how appalling patent quality became. The Office hopes to hide the facts and muzzle those who speak about it.

Meanwhile, J A Kemp, a proponent of patents on life, praises the EPO for liaising with nefarious groups. These are not "standards bodies" as the headline claims but more like front groups for patent trolls with their FRAND/SEP thickets which they exploit for anticompetitive blackmail. To quote:

The EPO has announced a cooperation with European Committee of Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC) under which the three organisations will work together to improve and disseminate knowledge about the relationship between standards and patents. The agreement builds on existing co-operation in this area between the EPO, the European Telecommunications Standards Institute (ETSI) and the European Commission.

Whilst the exact nature and intended outcomes of this cooperation are not known, the comments in the EPO's statement suggest a focus on providing further information resources for inventors and researchers in fields which are, or which may be in the future, affected by standards. This can only be welcomed as the increasing growth of Internet-of-Things development causes more and more diverse areas of industry to be impacted by the need to comply with (and potentially licence patents relating to) communications standards.


As we explained at the time, this is the EPO aligning itself with patent trolls and extortion rackets such as MPEG-LA.

Who can stop the EPO doing this? Seemingly nobody. This article which was cited by SUEPO on Thursday (yesterday) speaks of the judges' loss of independence:

Alluding to this pending referral, in the present case T 0403/18 one of the parties present at an oral hearing in Haar requested that this hearing be held in Munich. As can be inferred from the minutes of this hearing (the written decision has not been published yet), with agreement of all parties the oral proceedings were indeed relocated to the former home of the Boards of Appeal in Munich, i.e. the Isar building at the Bob-van-Benthem-Platz


It could be argued that all BoA decisions since 2014 have not been entirely valid because Battistelli eliminated judges' sense of independence and perception of impartiality. They decide with greater caution, having seen what happened to their colleague, Judge Corcoran.

Also cited by SUEPO on Thursday was this new article. Reported by Barney Dixon (IPPro Magazine) was a bunch of stuff based on a document we had published yesterday morning. To quote:

Despite a change of hands at the European Patent Office (EPO), little has changed in terms of social dialogue, representatives from the office’s Central Staff Committee (CSC) have claimed. In an intervention at the EPO’s most recent Administrative Council meeting, staff representatives claimed that while they would have liked to provide positive news about social dialogue and the social situation at the office, “no progress worth noting has been observed”.

During the meeting, EPO president António Campinos gave an update to the council on the development of the EPO’s strategic plan.

Campinos also discussed developments on social dialogue and the need to foster it.

The first goal of the strategic plan is to build an engaged, knowledgeable and collaborative organisation.

This includes looking at ways to attract talent, as well as achieving more harmonious social relations and to ensure there is meaningful dialogue between social partners.

[...]

SUEPO also noted that despite claims of increasing social dialogue, SUEPO—which represents about half of the staff—is still excluded as a negotiation partner.


So the union is too fearful to speak out, judges cannot speak out, and European authorities refuse to intervene. Immunity entails impunity. So the EPO continues breaking the rules by granting CRISPR patents. Not even a pretense of following the rules or consistency in decisions anymore?

Life Sciences Intellectual Property Review, an advocacy front group for patents on life (still disguised as a "news" site), has just covered this latest example. It's not an objective article but agenda-setting jingoism. Too much of that nowadays (decay of journalism). To quote:

The European Patent Office (EPO) has issued a new CRISPR/Cas9 patent to inventor Emmanuelle Charpentier, one of the key figures in the CRISPR landscape.

Today, April 3, ERS Genomics, the company providing access to CRISPR/Cas9 IP owned by Charpentier, announced she had been granted European patent number 3,401,400.


We took note of it earlier this week. Here they are granting patents in violation of the EPC. SUEPO has just estimated that about 30,000 such fake patents (European Patents not compliant with the EPC) may have been granted each year. Forward Pharma should know, having seen its granted patent implode, whereupon its very existence came into jeopardy. Yes, the EPO's abuses are crashing European companies' shares, invoking layoffs. The company has just published these results, taking note of its lost patent:

Research and development costs for the years ended December 31, 2018 and 2017 were $2.7 million and $20.5 million, respectively. The decrease in research and development costs for the year ended December 31, 2018 is the result of lower costs incurred in connection with the EP2801355 patent ("‘355 Patent") opposition in Europe ("Opposition Proceeding"), lower share-based compensation and the wind-down of our development efforts of dimethyl fumarate (DMF)-containing formulations.


The damage caused by the deterioration of the EPO remains to be realised. It can take decades to be fully evaluated. In the US, for example, patent trolls are said to have incurred losses of many tens of billions of dollars (taken out of the productive economy). Researchers such as James Bessen have done work to that effect. This is a lot more than the EPO budget for an entire decade. They just externalise the costs for private profits. The public pays.

Recent Techrights' Posts

Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
 
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025