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

The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
The Register MS: Don't Use Linux
That really says a lot about The Register MS
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Sounds Like Microsoft 'Open' 'AI' (Slop) Ran Out of Money to Borrow
Maybe in 2026 slop will be scarce enough that eventually, maybe by year's end, we'll manage to just ignore it.
Links 24/12/2025: US TACOs on "China Chip Tariffs Until 2027", Russian Snickers in U.K. Convenience Shops
Links for the day
 
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025
Gemnini Links 25/12/2025: Hibernation and TV detox
Links for the day
In India, Staff Works on Christmas Eve, Becomes Unemployed (Last Day)
The company fires based on how "expensive" workers are more often than based on their productivity
Links 24/12/2025: Cheeto President "Accused of Rape in Jeffrey Epstein Files", Windows to be Replaced by Slop?
Links for the day
Gemini Links 24/12/2025: Tea, Love During Pain, and Gaming This Year
Links for the day
GAFAM is a Bubble, Nothing is Free in This World
Nothing is free in the world
My New CD Player/Stereo Didn't Even Last a Year, My CD Player/Stereo From the Early 1990s Still Works
That helped reaffirm what I said in recent years about production/manufacturing standards of "modern" things
GitHub Isn't Free, Microsoft Subsidises It (Losses) to Entrap You Inside Proprietary Software, Now Come the Fees
GitHub was never free
XBox Console is Dead, "Microsoft is Rethinking What XBox is"
So XBox is now "cloud"
IBM SkillsBuild: Teaching Slop to People
What skills does that give? Making more slopfarms?
Maybe 2026 Will be the Last Year of António Campinos
Europe's patent system is run by thugs and it serves thugs
2025: The Year LLM Slop Rose to Prominence and Then Fell
the slop hype is bound to end
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 23, 2025
IRC logs for Tuesday, December 23, 2025
Links 24/12/2025: Spotify Surveillance and Shadow Over Rule of Law in Hong Kong
Links for the day
A Good End for a Fine Year
Today we saw some pleasant news online about the growth of GNU/Linux and more perils impacting Windows and XBox
Serial Sloppers Lost Momentum, Sites With "Linux" in Their Name Barely Bother Anymore
Will 2026 be the year slopfarms jump the shark?
Gemini Links 23/12/2025: Hydraulic Pressure Balance and mercury://
Links for the day
Gemini Links 23/12/2025: "The sun is shinning" and "problem in the Butlerian Jihad setup"
Links for the day
Links 23/12/2025: "Over 8,700 News Articles Censored in Turkey in 2024" and "Photos Are Being Deleted From the Epstein Files"
Links for the day
Techrights as 'Regulator' Against Runaway Trains
"Runaway trains" never scared us because we know that they, unlike us, don't think rationally
Links 23/12/2025: That ‘Satisfying Click’ and Security Lapses, Car Bomb Kills Russian Lieutenant General Fanil Sarvarov
Links for the day
Links 23/12/2025: GNU Taler 1.3, US Regime Censors Television Again
Links for the day
Valve Can Bring More Users to GNU/Linux, But It Won't Bring Freedom
Steam is DRM
Social Control Media is Bots (Fake Traffic, Fake 'Engagement')
As per FORTUNE, 76% of Twitter is alleged to be bots now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 22, 2025
IRC logs for Monday, December 22, 2025
How the Slop (So-called 'AI') Bubble Will Burst Next Year
There are already talks about mass layoffs in January
"Generative AI Bubble Has Begun to Pop", Nvidia Rides “Circular Financing... a Strategy That Hearkens Back to the Dot-com Crisis”
For companies like Microsoft this may mean another 30,000+ layoffs next year
Microsoft-Connected Media Talking About XBox Division "Profit Margins" is Distraction From XBox Sales Collapsing 70% in One Year
The simple fact is, Microsoft's console is dead in the water
The Reality is "Vibe Code" (Slop) is That It's Worthless
“Confidently Wrong”