Bonum Certa Men Certa

Europe's EPO Has Become France’s INPI

No examination necessary (almost)

EPO incest



Summary: The patent office of Europe disregards laws pertaining to patent scope; the sole goal is to grant as many patents as possible

PUBLISHED BY Watchtroll yesterday was an article entitled "Latest CAFC [Federal Circuit] Ruling in Cleveland Clinic Case Confirms That USPTO’s 101 [35 U.S.C. €§ 101, based on SCOTUS] Guidance Holds Little Weight" and it's about that old stunt from the Director of the U.S. Patent and Trademark Office (USPTO), who got 'dissed' by judges for his efforts to work around them. There's an analogy here -- one that ought to be made and emphasised. The European Patent Office (EPO) has long ignored if not attacked judges. Donald Trump appointed an ‘American Battistelli’ and it leads to friction between the Office and the courts. What matters more? Profits or the law? Can profit be made at the expense of the law? Put another way, can the law be violated in order to increase profits (for the Office)?



"Donald Trump appointed an ‘American Battistelli’ and it leads to friction between the Office and the courts."Antonella Gentile, over at IP Kat, cited Watchtroll the same day when dealing with software patents in Europe (disguised as "AI" under the António Campinos administration). To quote: "The IPWatchdog [Watchtroll] analyses the European Patent Office's new guidance for examination for AI and ML patent applications (issued in November 2018) and the U.S. Patent and Trademark Office's revised guidance directed to what constitutes patent eligible subject matter under 35 U.S.C. €§101 (issued in January 2019) and considers how these guidance will shape the examination of Artificial Intelligence Inventions."

IP Kat, in an earlier post, also mentioned the violation of the EPC for the sake of patent maximalists:

In Purity can be unconventional, a new position for the EPO boards of appeal (T 1085/13), GuestKat Rose Hughes takes a look at a recent decision by the EPO Technical Boards of Appeal which departs from previous boards on how the novelty of the increased purity of a known compound is to be assessed. Rose also discusses the technical board of appeal’s decision following the decision T-1063/18 and concerning the power of the EPO’s Administrative Council to amend the EPC using the Rules. Finally, Rose reports on a new question of double-patenting being referred to the Enlarged Board of Appeal (EBA).


We are saddened to see what the EPO as a whole (as in the Organisation) has turned into. It became a sad comedy (or even satire) of duplicate patents and patents on humans and animals. See this press release which has just resurfaced in the news. Patents on "Human and Animals Cells". Similarly, in the United States, take note of this shameless self-promotion from yesterday. McDonnell Boehnen Hulbert & Berghoff LLP (the people behind Patent Docs) are rabid promoters of patents on life and nature (because they profit from pillage of what’s natural!), so how can this event be regarded as balanced? It’s propaganda/lobbying.

"The situation in INPI really mirrors the EPO's mentality, where patents now boil down to a numbers "game" (or "competition") irrespective of underlying quality/validity."In an effort to bypass the courts (external to the EPO) Team Battistelli hoped to prop up the UPC. It failed. 4 years ago in the EPO's PR stunts (warning: epo.org link) of Benoît Battistelli they said: "It is hoped that the first unitary patent could be seen as early as the second half of 2016."

It never happened. Never will (probably). What Battistelli hoped for is a sort of "leap" above justice. Patents would be granted without proper scrutiny and then asserted without a proper legal process. Good for plaintiffs, surely, but not for anybody else. Think of INPI in France. There's no patent examination there; everything that applicants file gets registered as patents (as long as basic standards are adhered to).

A few days ago we spotted this puff piece about Valeo. It says that "Valeo remains France’s leading patent filer for third year in a row," but with no patent examination this is such a meaningless number. To quote:

For the third year running, Valeo has taken first place in France’s INPI industrial property institute rankings, with 1,355 patents published in 2018, versus 1,110 in 2017, consolidating its position as the most innovative company in France.


So it is "most innovative company in France" for filing a bunch of papers nobody even scrutinised? Really?

The situation in INPI really mirrors the EPO's mentality, where patents now boil down to a numbers "game" (or "competition") irrespective of underlying quality/validity.

Recent Techrights' Posts

SLAPP Censorship - Part 115 Out of 200: Spending the Next Decade Writing About SLAPPs and Trying to Fix the System
It's the same industry that got paid by corrupt EPO officials to try to cover up the corruption
 
Links 23/06/2026: Apple Price Hikes and Technical Debt in Slop
Links for the day
After IBM's Shares Collapsed the CEO is Trying the "Quantum" Trick Again, Bolstered by a Demented Dictator in the White House
from what we can gather IBM's CEO is trying to get the US government to participate in the scam
Greece Ought to Curb the Threat of Social Control Media
its national discourse seems to be run by an American company called Facebook
State of the GNU/Linux Desktop (and Laptop)
The time to advocate GNU/Linux is now
The 'XBox Narrative' Distracts From Destructive Cuts Across the Whole of Microsoft
Microsoft is preparing to lay off a likely record-breaking number of people [...] this isn't just an XBox problem
Microsoft's Stock Fell Nearly $200, But the Real Problems Are Just About to Begin
if they dump slop, what will they tell shareholders?
The Cyber Show on Starmer and Software Freedom
The Cyber Show's Andy has just explained why our departing national leader wasn't all bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 22, 2026
IRC logs for Monday, June 22, 2026
Gemini Links 23/06/2026: Girlrotting, Homeworlds at BGA, Slop Ruins Sites
Links for the day
A Lifetime of Whistleblowing
Ellsberg did not have an easy life, but it was a rewarding life with a rich legacy focusing on justice
European Patent Office (EPO) Series: A Man With Many Missions...
Campinos – accompanied by Gilles Requena and Patrice Pellegrino
Links 22/06/2026: Ubisoft Co-founder Dies, Americans Have Turned Against Slop
Links for the day
Links 22/06/2026: "The Sycophancy Machine" and "Port 22 Open for 54 Days"
Links for the day
When People Who Make the Most Money Are the Best "Boot Lickers" (Sucking Up to Jeffrey Epstein's Circle and the Dictator)
Sucking up to rich people may pay off
The Aim is Not Fame
Reposted from schestowitz.com
"Internally Important, Externally Irrelevant": IBM in a Nutshell
Right now its debt spins out of control and its stock spirals down the drain
SLAPP Censorship - Part 114 Out of 200: Thousands of Long Articles to Come, Properly Covering the SLAPP Industry in the UK and Its Modus Operandi
"Stowell described SLAPPs as ‘a stain on our legal system’."
Finding a Way to Get Paid to Improve LibreJS
So now we have more people resurrecting LibreJS and improving it
Microsoft Can't Even Wait Until July, Shutdowns and Layoffs Already Happening
Mashable speak of "a grim picture for the state of Xbox."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 21, 2026
IRC logs for Sunday, June 21, 2026
Gemini Links 22/06/2026: Appreciating Simple Things, Perfect Summer Evening, IRIX, Vim and so
Links for the day
Chad's Move to GNU/Linux or the Point of Exceeding 5% "Market Share"
experienced centuries of being colonised
Gemini Links 21/06/2026: Dating Oaks, Paying With Cash, and "More on Withered Technology"
Links for the day
GAFAM is Drowning in Debt, GAFAM is Clearly Not Sustainable Anymore (It Runs on Borrowed Money and Bailouts)
The war and surrender in Iran will deepen the debt; we'll see the GAFAM reports in late July
GAFAM Was Never an Ally to Europe
Only 1 in 10 Europeans see US as an ally — study [...] military providers in "tech" clothing cannot be trusted
GitHub, LinkedIn, and XBox Will Finish Like Skype (Sustainability Crisis)
Skype should become a verb. When Microsoft 'Skypes' something it means it basically shuts it down with some temporal excuse/s.
Drowning in Garbage: AUR Shows That Too Much Low-Quality Software (Including Slop) is Bad for Everybody
What happened in AUR had happened elsewhere before and will happen again in the future
Links 21/06/2026: EU on Patented (Monopolised) Crops, Microsoft Software "Narcs on You to Your Boss"
Links for the day
Microsoft at 50 Follows the General Trajectory of Skype
How many years does Microsoft have left before payroll becomes impossible?
A Year After a Microsofter Took Over The Register MS It is Effectively a Content Farm With News as a 'Side Dish'
This is not journalism, this is spam
IBM Pays the Media and Cons Some 'Journalists' Into Participating in "Quantum" Spam
"The Boy Who Cried Wolf"
You Don't Need an 'App' for Your Birdhouse (Slopfondlers Come for Birds)
That they sell those things as "AI" really says a lot about how dishonest slopfondlers really are
SLAPP Censorship - Part 113 Out of 200: The United Kingdom is Not Turkey
Turkey is ranked almost worst in the Western World for press freedom
Cybersecurity Does Not Mean Asking Microsoft for Permission to Boot
There were very good and timely reasons to speak about the matter, including impending antitrust complaints against Microsoft
Links 21/06/2026: Bots from Alibaba Do Harm and Many Xbox Games Are Being Cancelled
Links for the day
5 Years After Release of Vista 11 Not Even One in 5 People Use It (in the US)
It doesn't look like Vista 11 will ever be adopted like prior versions and announcing a Vista 12 will mostly upset companies/organisations that only recently "upgraded" to 11
Gemini Links 21/06/2026: Boca Raton, Perfect Summer Day, and LLM Doing Things Poorly
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 20, 2026
IRC logs for Saturday, June 20, 2026