Bonum Certa Men Certa

The EPO is Still Violating the EPC Every Day

It gets away with it because the dictatorship is situated outside the Rule of Law

A dictator



Summary: The dictators of the EPO are routinely violating the law without any consequences to their freedom (or even their careers) and it means that people are rewarded for illegality, not conformity w.r.t. the law

THIS press release, published just before weekend, shows RNA-related patent monopolies from the European Patent Office (EPO), which also grants illegal monopolies on mathematics ("as such") because Benoît Battistelli and António Campinos measure nothing but quantity. To them, "quality" means "grant fast!"



It's all about monopoly with patents first, patients... later (if ever). To quote this press release:

Evox Therapeutics Ltd ('Evox' or the 'Company'), a leading exosome therapeutics company, is pleased to announce that the Company has been granted three key patents by the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO). These three new grants are from one of several foundational patent families held by Evox and further reinforce the Company's leading position within exosome-mediated RNA therapeutics and targeted exosome drug delivery.


We're occasionally seeing similar press releases celebrating EPO grants even though many newly-granted European Patents turn out to be bogus. Courts toss them out. They're not compatible with the EPC -- a fast-growing problem which alarmed examiners. They're aggressively pressured to grant patents against the law or wind up unemployed in a foreign country (which they relocated to just for an EPO job).

"...many newly-granted European Patents turn out to be bogus. Courts toss them out. They're not compatible with the EPC -- a fast-growing problem which alarmed examiners."The EPO is clearly all in favour of these violations of the law. This new tweet is using hype waves to promote software patents and another new tweet uses lame acronyms. "The number of European patent applications related to autonomous driving has grown 20 times faster than that across all technologies," it said. Those are mostly software patents or, in other words, fake patents that are illegal to grant.

"This is the kind of thing that harms the EU's image and gets many people concerned."Just before the weekend the EPO also retweeted (thus quoted) its "jobs" account as saying: "The EPO is proud to be located in such beautiful European cities as Munich, The Hague, Berlin, Vienna and Brussels (Liaison office). At the end of 2018, 95% of our employees were working in either Munich (3,734) or The Hague (2,643)."

EPO actually tarnished the names of these cities because workers are abused and management commits crimes. Some examiners commit suicide. Some have been driven out of Munich as punishment and one judge was sent to The Hague as punishment for doing nothing wrong (courts repeatedly acquitted him). His colleagues too were punished when Office management made a decision on illegally sending all judges to 'exile' and then refusing to even deal with the question of this illegality. What an astounding, large-scale violation of the law. If Europe's second-largest institution is an outlaw institution, then where does it derive the moral authority from? Or the authority to judge innovation? It's more like organised crime. Before the weekend one new 'Kat' recalled:

The EPLaw Patent Blog reports on a decision of the German Supreme Court on the sufficient disclosure requirement under Article 83 EPC. It finds that the EPO and German practice on the interpretation of this Article are different, and the consequence of this difference is that opposition proceedings before the EPO should be considered in case a revocation relies on the grounds of sufficient disclosure.


So the EPO's and German practice on the interpretation of Article 83 EPC are different, finds Germany's highest court! The EPO basically stopped following or obeying the EPC. This post (the new one above) cites an older post from EPLAW that said:

Art 83 EPC (= sufficiency of disclosure) before the German Courts and the EPO: (still) no harmonization, by Dr. Hans-Peter Felgenhauer (Former Technical Member of the Boards of Appeal) and Dr. Tobias Wuttke (Meissner Bolte)

In the recently published decision of the German Supreme Court dated 8 January 2019 (docket no. X ZR 58/17), it was decided that the European patent EP 1 070 223 (“patent in dispute”) discloses the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art (= Art 138 (1) b) EPC). This finding might likely have been different if the patent in dispute had not been challenged with a nullity action but with opposition proceedings at the EPO.

[...]

However, under the EPO practice, it is necessary but not sufficient to meet this requirement in order to meet the requirements of Art 83 EPC (= Art 138 (1) b) EPC). According to governing EPO practice, it is further required that this one way to carry out the invention allows the invention to be performed in the whole range claimed, see CLBA II.C.4.4.

According to the decision T1223/15 “for assessing the second condition, that the above disclosure allows the invention to be performed in the whole range claimed, it must first be ascertained what the scope of the claimed range is. The latter involves in the present case an issue of claim interpretation.

“In particular, that pursuant to established case law, the skilled person, when considering a claim, should rule out interpretations which do not make technical sense, and should try to arrive at an interpretation of the claim that takes into account the whole disclosure of the patent, see CLBA, II.A.6.1”.


The decisions above are reached not by independent jurors but ones who are terrorised, in violation of the EPC, by Office management (i.e. those who are accused of breaking the law/rules). It's a classic constitutional crisis wherein one branch squashes all the others. There's no oversight at all, only an illusion of it.

We continue to observe a large European institution which flagrantly ignores court rulings and routinely violates many of the laws that govern it. This is the kind of thing that harms the EU's image and gets many people concerned.

Recent Techrights' Posts

Tesla's Debt More Than Doubled in 2 Years and the Company Will Operate in the Red (at a Loss) Quite Soon
If your first-quarter net income is $409 million and you borrow billions from banks, plus interest to pay on those loans, then you're not far from returning to losses
Microsoft and Windows Have Many Back Doors, But LLM Slop Keep Claiming That Linux Has "Backdoor"
It's another example of LLM slop as FUD amplifier, via slopfarms as well
 
Rumours of Mass Layoffs at Red Hat Next Week (August 11th, 2025)
The eleventh means next Monday
IBM is Shutting Down (Piecewise)
IBM is basically being liquidated
The Debian Language Police Department (PD)
"there has never been complaints about anyone that was offended by this -off package"
When The Register MS Says "Linux Backdoor" It Actually Talks About Malware
The leading story in The Register US/MS this morning is Microsoft
Microsoft Windows Fell to 19% "Market Share" in Montenegro
Microsoft must be well aware of this trend
Why We Also Include Gopher Links in Our Gemini (Protocol) Links
There are still many people who use Gopher to relay their messages (like blog posts). They're mostly technical people.
Shouting is an Indication of a Lack of Convincing Argument
Beware what they are attempting to distract from
Mongolia: Microsoft Windows at All-Time Low
in 2009 when Windows was at 99.45% in Mongolia the company was "worth" less than 200 billion dollars
About a Quarter of Today's "linux" News in Google News Came From One Domain and It's a Slopfarm
Not kidding!
Gemini Links 05/08/2025: Zombie Threat and Switching to NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 04, 2025
IRC logs for Monday, August 04, 2025
ChatGPT in Trouble
Watch out for the newer buzzwords
The Register MS Links to the Wrong statCounter Page
They link to older data
Dr. Andy Farnell Explains How Google Turned From "Librarian" Into "Oracle", Telling Us What to Think Instead of Where to Look
Google was always a lousy librarian
Microsoft Layoffs Continue in August 2025
If Microsoft is doing so well, how come about 10 rounds of layoffs in about 7 months in 2025?
In Many Countries Vista 11 Adoption Stalled or Became Negative
Not just because people move to GNU/Linux
Microsofters' Lawyers Are Name-calling and Insulting Microsoft Critics, Even Their Spouses
How not to win arguments
Flagging or Tagging Slop That We Find Online
Right now we use ImageMagick
Links 04/08/2025: Very Bad Weather and Travel Restrictions in China
Links for the day
Gemini Links 04/08/2025: Misiamisia and Mobile Linux
Links for the day
Microsoft's Stock is Like a Religion, Microsoft Goes Into 'Hiding' (From Shareholders)
like a religious person or devout believer, the media just parrot anything Microsoft says
Links 04/08/2025: 80 Years Since Last Nuclear War, IPv6 in China
Links for the day
Groklaw Static Site Relaunches With New Theme, But Many Pages and All the Comments Are Missing
We suppose that's still a lot better than the site being offline, as it was for several months
"For Five decades; For freedoms; For all users" (Original EMACS Turns 50 Next Year)
Linus Benedict Torvalds was only 6 when EMACS started
In Spain, Microsoft's Search Engine Market Share Fell to 2%
16 years have passed since Bing was introduced
Protecting GNU/Linux-Centric Journalism From Serial Sloppers
Unoriginal slop is taking away traffic from the people who did all the real work
It Looks Like Managers at Oracle Now Use LLM Slop to Write Blog Posts
Did he cheat by prompting LLMs for mindless text "filler"?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 03, 2025
IRC logs for Sunday, August 03, 2025
Gemini Links 04/08/2025: Qubes OS and Curious crypto case of certificates (CCCC)
Links for the day
They Tell Us That "Cloud Storage" is Safe and Robust to Incidents Like Fires
Do you have backups? Where are they and who controls them?
"Allowing SDL to default to Wayland caused a number of customer issues so keep the default at X11 for now"
2025 is another year of Wayland ambitions. It's also a year of self-fulfilling prophecies.
In The United Kingdom (UK), Microsoft Search (Bing) Falls to All-Time Low
Grow? What grow??? It's collapsing.
GNU/Linux Reaches 5% in Oman
Some GNU/Linux distros are made in Oman
Google's "AI Mode" is a Pathetic Joke Prematurely Introduced in the UK (Like "Bard", Which Sank the Company's Shares)
what Google "thinks" about PCLinuxOS
What the Free Software Foundation Started Four Decades Ago is Becoming Mainstream
"Four decades; Four freedoms; For all users"
Doing a Better Job at Labelling Slop Images
we'll label screenshots that contain slop, typically with red-coloured text overlay
Social Control Media is Out of Style
What's your excuse for wasting time on (or in) it?
Maldives: GNU/Linux at All-Time High, Windows at New Lows
data from statCounter shows a reassuring trend
Efficiency is Good, So Why Won't Governments Cull LLM Companies Using Stronger, Stringent Policies?
Like every bubble that ever existed, including some recent ones, an end will come
The Defunct Site LinuxConfig Has Published a Fake Article About Richard Stallman Using LLM Slop, Which Stallman Calls "Bullshit Generator"
Worse yet, it is writing using a "Bullshit Generator" (the term used by Stallman) about Stallman's health
Microsoft Windows Falls to All-Time Lows in Morocco and Algeria
About 70% or even less
StopGenAI in the Cyber Show (C|S)
covering a theme that we too covered a lot lately
Gemini Links 03/08/2025: Once-a-Decade Couch Shopping and Blessings in Disguise
Links for the day
Links 03/08/2025: Political Catch-up, Global Warming, and Hunger
Links for the day
Brittany Day Entered LLM Slop Into LinuxSecurity.com and Something Hilarious Happened: The Site is "Exploited"
The brainless, effortless copypasta of "slop artists" shows its limits
Links 03/08/2025: Microsoft Exchange 0-day Exploited and Avoidable Nuclear Escalation
Links for the day
Next Month 'New Techrights' Turns Two
Next month, on the fourth week, it'll be 2 years since the migration
Definitely Not a Ponzi Scheme
Bitcoin v Microsoft
Online Safety Act Tries to Accomplish the Impossible
All I can say is, "good luck with that!"
The Electronic Frontier Foundation (EFF) is a Billionaires' Lobby
Billionaires that control tech companies
Microsoft Borrows 3 Billion Dollars Per Month, a Company Truly Worth Trillions Would Not Do This
if Windows (and Office) "market share" fell from about 90% to barely 30%, how come Microsoft is now "valued" at 20 times more?
It's Even Worse Than Microsoft Lunduke Puts It; GNOME is SLAPPing Journalists
In our experience, GNOME is so malicious - some elements of it in particular - that it would launch multiple simultaneous SLAPP campaigns not only against journalists but also their spouses
GNU/Linux Adoption Reaches All-Time Highs in Chile, statCounter Indicates
This month marks 4 years since Vista 11 came out (as a fake "leak") and some surveys still measure its adoption at less than 40%
Slop Will Not Change the World
Some of us grow up sooner and leave that nonsense behind (or altogether avoid/skip it)
Gemini Links 03/08/2025: Nostalgia and TOFU
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 02, 2025
IRC logs for Saturday, August 02, 2025