Bonum Certa Men Certa

The Race to the Bottom of Patent Quality at the EPO

They PACE the race

NASCAR sponsorsSummary: The EPO has become more like a rubber-stamper than a patent office -- a fact that worries senior staff who witnessed this gradual and troublesome transition (from quality to raw quantity)

THE quality of patents granted by the European Patent Office (EPO) is a growing problem. Battistelli's departure did not improve anything in that regard because António Campinos continues to promote software patents in Europe, just like the new Director of the U.S. Patent and Trademark Office (USPTO), who is trying to work around 35 U.S.C. €§ 101/Alice (more on that in our daily links). They try 'creative' new buzzwords and revived buzzwords, such as "AI". Kate Gaudry, over at Watchtroll in a post dated yesterday, was promoting software patents under the guise of "Artificial Intelligence Industry" (it means algorithms). What next? That's part of a series that uses all sorts of hype waves to rebrand software patents. "CII" is so yesterday.



"This isn't the way to make a solid patent office but a mere pipeline of bad patents."Yesterday we saw patent maximalists from J A Kemp commenting on abstract European Patents (incompatible with the EPC) such as software patents. As we last noted yesterday (with a new example), such patents are still being granted -- soon to be revoked in courts. Such patents must never be granted in the first place, right?

To quote J A Kemp:

Two recent decisions of an EPO Technical Board of Appeal emphasise the need for a proper technical context to be set out in claims to render an abstract idea patentable. The two appeals, by Ab Initio Technology LLC, related to inventions in the field of parallel processing, a field that seems on the face of it highly technical. However, the inventions were claimed as processes for converting computation graphs into a form better adapted for parallel processes but without specifying any steps of performing any processing, parallel or otherwise. At this level of generality the Board considered the inventions to be non-technical as merely mathematical methods. Claims to methods involving actual execution of the converted graphs were not sought, possibly because of lack of good basis in the applications as originally filed, but ought to have saved the day. This emphasises the need for detailed consideration of issues of technicality at the drafting stage.

T 1125/17 (Parallelizing computation graphs/AB INITIO) of 2.4.2019 and T 1337/17 (Sort value indicator/AB INITIO) of 2.4.2019 were heard by Technical Board of Appeal 3.5.06 on the same day, a common practice for related cases, in this instance a parent and divisional respectively. Although various requests in the two cases were refused for lack of clarity or the presence of added matter, the interesting parts of the decisions relate to inventive step of the 5th Auxiliary Request in T 1125/17 and obiter comments in T 1337/17.

[...]

Thus the applicant was forced to rely on the potential for a technical effect if the outputs of the claimed methods were executed. The Board however took the view that the claimed advantage required execution on a specific platform, which was not explicit in the claim, hence the technical effect is not inherent in the program. The Board did however imply that in some cases it might be possible that the "required execution platform was implicit in the program claim" but otherwise the hardware platform necessary to achieve any advantage must be explicit.

The possibility of hardware being implicit in a program claim seems likely to be rare but is consistent with T 0163/85 (Colour television signal) of 14.3.1989 which held that the structure of a television receiver was implicit in a claim to a colour television signal.


It is no secret that the Boards of Appeal, including this Technical Board of Appeal, lack independence from the Office. Unlike courts external or peripheral to the EPO, the Technical Board of Appeal rules under the shadow of Campinos, i.e. there's an element of fear.

We continue to worry that the EPO is unwilling and incapable of accepting its own failure. It recently buried findings about low validity rates of its newly-granted European Patents. Office management is very well aware of this problem, but it's just trying really hard to hide it. Under the surface, however, things gradually worsen. Remember that the number of granted European Patents doubled in about half a decade because patent quality rapidly collapsed. Maybe that means some extra cash for the EPO (minus Battistelli's scam, which cost a tenth of a billion in less than a year), but at whose expense? Patents are not a real, physical product. They're a man-made monopoly with intricate associated economics.

Does Ascension still think that a grant of a European Patent (over 100,000 of them per year) is something to brag about in a press release? Apparently so. This is what it wrote this week:

Patent EP20100742250 covers the key technology and composition of matter behind Ascension’s market disrupting Sequessome Technology that is used in the unique biolubricating Flexiseq gel. Flexiseq is clinically proven to provide a long-term, entirely drug-free solution to chronic joint pain such as osteoarthritis.


This is not my area, hence hard to critically assess, but examiners certainly lack time to properly examine applications and pressure from above (line managers and directors) compels examiners to grant if in doubt (or if prior art cannot be found very quickly). They tell us so explicitly. This isn't the way to make a solid patent office but a mere pipeline of bad patents. It's hardly surprising that many examiners lost interest in the job. SUEPO (the EPO's staff union) has just linked to another set of articles about suicides and yesterday it added this article in French [PDF]. It's from the same publisher that led much of the Benalla investigations (investigative journalism).

Recent Techrights' Posts

IBM is Becoming "Garbage In, Garbage Out" (GIGO) "Just like Arvind and Krabanaugh." (CEO and CFO, Respectively)
There are some decent new comments about IBM this morning
If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs
 
IBM's Accounting Claims Don't Add Up
IBM is an enigma. To Wall Street is claims to be doing extremely well, but insiders tell the complete opposite.
Links 13/02/2026: "Cofounders Fleeing MElon’s xAI" and IOC Opposes Solidarity With Ukraine's Fallen
Links for the day
Gemini Links 13/02/2026: Square Function with Diode Network and Calls Against Discord
Links for the day
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Mainstream Media Intentionally Ignoring EPO Strikes
“EPO on Strike!”
Jeffrey Epstein crypto disclosure: uncanny timing, Bitcoin demise, pump-and-dump, ponzi schemes
Reprinted with permission from Daniel Pocock
Gemini Links 12/02/2026: Avoiding Coffee, Trying Ubuntu, and "Open Source Robot"
Links for the day
Microsoft Slop CEO Speaks of Layoffs
They will go along with the "replaced by AI" baloney
In Systematic Contempt of the British High Court, Brett Wilson LLP Spent Two Years Lying to Courts and Breaking Rules Against Us
We criticise Brett Wilson LLP quite lot because of its conduct
IBM Kyndryl as "Aggressive “Enron” Accounting"
IBM Kyndryl continues to nosedive today
Relationships evidence: Tiago, Tassia, Thais, Antonio & Debian favoritism, nepotism
Reprinted with permission from Daniel Pocock
Debian pregnancy cluster: why it is public interest
Reprinted with permission from Daniel Pocock
IBM Bubble Deflating After James Kavanaugh's Accounting Trick With 'Toxic Assets' Comes Under SEC Scrutiny
If something goes up based on false speculations, bonus numbers and self-serving lies, then it'll come back down, eventually...
The EPO's Corruption and Violation of Rules is Spreading to the United Kingdom (Software Patents)
Yesterday a letter was sent to the chief regarding salaries while reminding him of the next strike, which is only 11 days away
State of the Slop, Slopfarms Containment
Slopfarms still exist this year, but their visibility is limited
IBM Continues Tanking Today, Already $58+ Lower Than Recent High, Insiders Explain Why
The same CFO from the inception of Kyndryl is still the CFO at IBM
Links 12/02/2026: Pushback Against, "NATO Is Expected to Step Up Arctic Security"
Links for the day
Links 12/02/2026: "Microsoft Just Forked Windows" and Windows Notepad is a Giant Security Hole
Links for the day
Put Criminals in Prison, Not People Who Report the Crimes
Can people be sent to prison for opposing crime?
Windows Has Become Increasingly Irrelevant
There's a very massive wave of layoffs coming Microsoft's way
Our Most Successful Year Ever
The hired guns in London are eager to turn the UK into another China
Slopfarms Waning, But Not Extinct Yet
Metrics show that usage of LLMs is declining
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 11, 2026
IRC logs for Wednesday, February 11, 2026
IBM's Stock is Crashing
If it follows the trajectory of its satellite Kyndryl, it can fall and reach as low as $75
Gemini Links 11/02/2026: Sunny Morning and "KiCad Aims to Ease Linux Installation"
Links for the day
Microsoft Loses Ground in Switzerland
One issue is, Google and Apple seem to gain at Microsoft's expense
Microsoft Layoffs Must be Very Near (and Very Large)
just like IBM
Bringing Attention/Awareness of EPO Corruption and Cocaine Use to the Mainstream Media
What has Europe become? Prey to vultures?
The Solicitors Regulation Authority (SRA) Delusion - Part V - Everyone Seems to Agree That SRA is a Sham
We're going to start a new series soon
A Can of WORMS - Part V - Up Next: The Comeback of RMS in the United States
Guess who funds the cancellers
Threats From 'Former' Red Hat (Now IBM) Staff While IBM's Likely Accounting Fraud Attracts Public Scrutiny
We must be getting "warm"
Matthew J. Garrett Has Just Sent a Threat to Put My Wife and I in Prison Because His Own Spouse Says He's a Rapist
What really intimidates him is his own spouse
Gemini Links 11/02/2026: Terminator Trilogy and Lagrange in the Apple App Store
Links for the day
Links 11/02/2026: Fentanylware (CheeTok) for ICE, Jimmy Lai Shows Journalism Became 'Crime' in Hong Kong
Links for the day
With Firefox Measured at 2% in the United Kingdom Time is Running Out for Web Site Support for Gecko/Servo Users
The open Web is rapidly dying while Mozilla celebrates and champions slop
Lawsuit reactions: EFF behaviour reveals zombification, censorship
Reprinted with permission from Daniel Pocock
Links 11/02/2026: $700 Billion Slop Bill, Social Control Media Under Political Fire for Deliberate Health Harms
Links for the day
Amended Input From Software Freedom Institute for EU Consultation on Free Software
"On 3 February 2026 Software Freedom Institute lodged a submission with the European Commission's inquiry into Open Digital Ecosystems"
Mobbing at the European Patent Office (EPO) - Part VI - Attacks on Staff and Attacks on the Law Merit Another New Series
new series coming shortly
Nadella's Mindless PR Spam Ahead of the Layoffs 'Snowball' (Adding Up Batches) Turning Into an Avalanche
Based on recent observations, the more puff pieces we see about Nadella, the closer we get to Microsoft "pulling the trigger" on mass layoffs
When Happens to Red Hat If (or When) IBM Collapses
IBM is in flux because its CFO is now implicated in what seems like accounting fraud
IBM's Financial Engineering (Accounting Fraud) Shell, Kyndryl Holdings Inc, is Insolvent
If this was done by the very same people who still run IBM, can we expect any better from "Sugar Daddy" IBM?
2026 a Very Productive Year and We Have Many Big Stories to Tell
maybe we'll produce 8,000 new articles/pages by year's end
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026