Bonum Certa Men Certa

EPO is Fast Becoming the Office of Invalid Patents (IPs)

AI hype at EPO



Summary: The rush to grant lots and lots of patents irrespective of the underlying laws (which govern the Office and the courts) is guaranteed to lead to a collapse or an avalanche of invalid patents (IPs)

WHAT if Europe became one of the world's worst venues for patents? What if European standards for patenting were so low while at the same time courts insisted on much higher standards (whereupon these patents got rejected, albeit only after lengthy legal battles)?



Gene Quinn (Watchtroll) uses the European Patent Office (EPO) as a propaganda model for software patents right now, having just published some nonsense titled "Software May be Abstract, But a Computer-Implement Invention Produces a Technical Effect" (we don't link to Watchtroll anymore, but eager readers can find the nonsense shall they wish). It says that it covers "computer implemented inventions, particularly in the field of artificial intelligence (AI), and how the EPO system compares with the U.S. patent examination system."

"What if European standards for patenting were so low while at the same time courts insisted on much higher standards (whereupon these patents got rejected, albeit only after lengthy legal battles)?"Notice the buzzwords, including "hey hi" (AI). We're meanwhile seeing the most vocal lobbyists for software patents in Europe tweeting this link, adding: "There's a new entry in the EUROPEAN SOFTWARE PATENTS knowledge base" (more like marketing).

They too use terms like "Technical Effect" or "Technical". They don't speak in terms such as "eligibility" or "validity" or (legal) "certainty", knowing perhaps that a lot of European courts would reject such patents, citing the EPC, which António Campinos and Benoît Battistelli blatantly and consciously violate. The violation of the EPC is one of the main reasons the UPC will never materialise. But Team UPC is of course in denial about it; linking to a tweet from an erratic person (as if Twitter contains actual information), Team UPC is still desperate to make UPC seem like a "matter of time" (denying its demise/death/stagnation). Yesterday it tweeted: "It is fair to assume that the German Constitutional Court will take note and that Prof. Huber will hardly be incentivised by these news to decide the #UPC complaint prior to 31st October 2019."

They allude to Brexit, but Brexit is one among at least four considerations for denial of ratification. Never mind or let aside the fact that not only Germany is a barrier (there are several more countries which reject UPC-like schemes, even on purely constitutional grounds).

"...from this gross violation of constitutions and laws several people will emerge as millionaires (Battistelli, Campinos and their close associates, who are also their mates). They're like vampires sucking the EPO's blood and they don't care about the consequences."Over at Kluwer Patent Blog, a site of Team UPC, there's this new post published for Alex Calver by Bristows LLP (the same person also published FRAND agenda on the same day). It's about the demise of European Patents (EPs) in the British courts and the latest example of it: "Among the flurry of pre-summer vacation judgments coming from the Patents Court is one from Mr Justice Birss (17 July 2019), concerning the validity of Hoffman-La Roche’s patent EP (UK) 2 007 809. EP’809 is a formulation patent for the monoclonal antibody vedolizumab, marketed as Entyvio€® and used to treat ulcerative colitis and Crohn’s disease. The judgment tackles some complex areas of law. In short, Birss J found the Takeda’s product would infringe EP’809, but for the damning validity assessment that found it lacking novelty, obvious by virtue of a lack of technical contribution and insufficient."

We've sadly come to the point where the collapse in quality of EPs is too visible to ignore and therefore the number of applications for EPs is declining. The EPO is rendering itself moot, endangering the careers of its workers. But from this gross violation of constitutions and laws several people will emerge as millionaires (Battistelli, Campinos and their close associates, who are also their mates). They're like vampires sucking the EPO's blood and they don't care about the consequences. There's no collective responsibility, neither care nor loyalty to the Office they profess to serve.

Recent Techrights' Posts

Taking a Moral Stand Against Strategic Lawsuits Against Public Participation (SLAPPs) and the Worst Offenders/Facilitators
Any other stance would sidle with moral depravity or moral hazard
France: Apple and Microsoft Down, GNU/Linux Up to New Record Levels
How will tariffs against France impact things in the coming months?
Open Source Initiative (OSI) Privacy Fiasco in Detail: What Was Reported to the California Privacy Protection Agency (CPPA)
We hope to finish this whole lot within a week, then move on to election, lobbying etc.
 
Links 06/04/2025: Fake Reviews, Privatisation Heists, and "AI" as Smokescreen for Impoverishing Humans
Links for the day
Links 06/04/2025: Many New Acts of Repression and Elements of Financial Depression
Links for the day
In Qatar GNU/Linux Rose From Under 1% to Over 4% in Two Years (or Over 5% If Counting ChromeOS)
It's a big improvement compared to what we saw last year
LLM Scrapers Are a Nuisance, But They're Also a Reminder It's Time to Make Your Site Static
Perhaps the best protection is the ability to endure surges
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 05, 2025
IRC logs for Saturday, April 05, 2025
Links 06/04/2025: Attacks on Education, Fake Patents, and Fake (Illegal) Patent Courts
Links for the day
Links 05/04/2025: Tariffs Backfiring, YouTuber Arrested, X/Twitter Set to be Fined
Links for the day
Gemini Links 05/04/2025: Offline is For Everyone, Copyright Colonialism, and More
Links for the day
Links 05/04/2025: TikTok Unsold (Still), Royal Society is Dead
Links for the day
Techrights Will Spend the Next Few Years Writing a Lot About Strategic Lawsuits Against Public Participation (SLAPPs)
It's a growing problem
The State of EPO Staff's Health in Rijswijk or The Hague
We're going to cover the EPO some more later in the month
NVIDIA Corp Lost 36% of Its "Value" Since Cheeto Inauguration, But "Gen Hey Hi" (GenAI) is Totally Not a Bubble
Selling loads of unneeded hardware based on hysterical hype; like selling shovels during a Gold Rush
GNU/Linux Growing in East Asia, Windows by Default No More?
GNU/Linux is now on the shelf
Slopwatch: Anti-Linux 'Articles' From Linux-Hostile LLMs
It is almost always negative things and nobody can be held responsible for it except the charlatans prompting the LLMs
Links 05/04/2025: Fentanylware (TikTok) "Sale Looks Highly Imminent" (US), Stock Market Drowning in Panic
Links for the day
Gemini Links 05/04/2025: Moving Plants, No to Smartwatches, RAID Hygiene
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 04, 2025
IRC logs for Friday, April 04, 2025
Techrights Has Dealt With More Potent SLAPPs Than Violent Microsofters Begging to Hide What They Did to Women
I became accustomed to SLAPPs
Links 04/04/2025: Fury in South Korea, Flight MH370 Remains Mystery
Links for the day
Gemini Links 04/04/2025: Anger and Raspberry Pi CM4
Links for the day
Links 04/04/2025: LLM Slop Bubble Bursting and Korea Music Copyright Association Bans Slop 'Music'
Links for the day
Traf-O-Data, the Company That Jeffrey Epstein's BFF (Bill Gates) (Co)Founded 53 Years and Went Out of Business Due to Heavy Losses
Who will die first, Bill or Microsoft?
Why Microsoft's Shares Sank Almost 20% in Recent Months (the Bubble is Imploding)
verified press reports from the past 24 hours
A Note on SimilarWeb
Or why SimilarWeb is meaningless for more than 99% of the sites on the Web
GNU/Linux Rises to Almost 5% in Algeria While Windows Sinks to All-Time Low
GNU/Linux grew tenfold
Where to Get More Gags
A valued reader recommended that to us
Links 04/04/2025: Tech Stock (Inc. GAFAM) Fall, Google Pretends to Do End-to-End Encrypted Emails (With Google in Control)
Links for the day
IBM Said to be Shutting Down Offices or Sites in the United States
the press can no longer avoid admitting that IBM moves many jobs to India
To Participate in Fedora Diversity You Must Use Proprietary Software
Not for the first time either
LLM Slop as Attack Vector on the Reputation of Linux
The attacks on Linux have escalated to information warfare
Yandex About to Be Three Times Bigger Than Microsoft (Bing) in Asia
That's about 60% of the world's population
Gemini Links 04/04/2025: Decoupling Updates, Elaho as Gemini Client
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 03, 2025
IRC logs for Thursday, April 03, 2025