Bonum Certa Men Certa

Companies That Collapse Because the European Patent Office (EPO) Gave Them Fake Patents in a Hurry



When you're being granted a monopoly that later turns out to have been invalid all along

Hurry



Summary: False hopes and false promises won't do any favours to European Patents, whose legal certainty suffers because Campinos and Battistelli measure nothing but 'production' (quantity) rather than quality of patents

THE European Patent Office (EPO) cannot carry on pretending that it values patent quality. On Friday night we wrote about decline in patent quality and around the same time came out this report entitled "Here's Why Pacific Biosciences Is Tumbling Today" from Microsoft's network (Motley Fool). In short, it happened because the EPO had granted a fake patent; we saw similar stories before (see last year's A Danish Company Has Just Collapsed Due to Patent Quality Issues at the EPO). As long as the EPO keeps granting software patents and patents on life/nature oppositions will come and courts will shoot down European Patents, discrediting the very concept of such patents.



The latest:

Shares of Pacific Biosciences (NASDAQ:PACB) fell over 14% today as investors grappled with more bad news for long-read DNA sequencing power. The latest twist comes courtesy of the European Patent Office (EPO), which revoked a second patent for the company pertaining to its ability to read long, uninterrupted strands of DNA with its machines. More specifically, the EPO found that the patent in question made too broad a claim to "single molecule sequencing," which is central to the company's entire technology platform.

A shrinking patent portfolio isn't ideal, but it's compounded by recent news from the United Kingdom's Competition and Markets Authority (CMA). The trade body has referred the company's pending acquisition by Illumina (NASDAQ:ILMN) for an in-depth investigation after the parties failed to address the CMA's concerns raised from an initial inquiry that began in April, as first reported by The Motley Fool. Turns out both the patent dispute and the antitrust investigation have a similar root cause: Oxford Nanopore, a start-up based in the United Kingdom.


We're going to see more and more stories like that. If not for the oppositions and appeal boards, it will be actual courts (outside EPOnia and Haar, which is technically outside of EPOnia in overt violation of the EPC) deeming such patents invalid. Over the past few months, more so than the past few years, we've seen examples of this every week. We shall cover such examples (that become known to us) and repeatedly stress the need for quality.

"It's like there's a very deliberate 'blackout' and key platforms that used to criticise the EPO are nowadays very much complicit."Last month we covered the EPO’s “Collaborative Quality Improvements” (CQI), formerly known as “Team Collaboration Project” (it's the opposite of the name). Notice how no European media, not even so-called 'IP' blogs, touched the subject. It's like there's a very deliberate 'blackout' and key platforms that used to criticise the EPO are nowadays very much complicit.

Recent Techrights' Posts

Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024