Bonum Certa Men Certa

EPO: Give Us Low-Quality Patent Applications, Patent Trolls Have Use for Those

The race to the bottom continues at the EPO, which is happy to grant loads of invalid (i.e. fake, bogus) patents in defiance of the law (EPC)

EPO delivery



Summary: What good is the EPC when the EPO feels free to ignore it and nobody holds the EPO accountable for it? At the moment we're living in a post-EPC Europe where the only thing that counts is co-called 'products' (i.e. quantity, not quality).

THE number of applications for European Patents is decreasing. We took note of it earlier this year. Maybe there's a growing number of businesses and individuals who realise that European Patents are nowadays overpriced and overvalued. A lot of them are bogus. They're worse than worthless and it wasn't always like that.



"It's very clear that the EPO's management is nowadays in bed with patent maximalists; it works for these parasitic firms and opportunists instead of for science and technology. It doesn't even work for Europe!"Misleading and bad advice from the European Patent Office (EPO) said this earlier this week: "Even minor technical improvements can meet a market need and be worth patenting. That's one conclusion of our SME case studies."

They're still googlebombing the term "SME" (or "SMEs") every other day, on average. Also notice the use of the word "minor". They just want lots of applications and grants (of fake patents). On the same day the EPO again advertised its partnership with patent trolls' front groups. "How do you implement a sustainable IP management system? Our experts will tell you at this event," it wrote about its event with LESI. Shameful. It's very clear that the EPO's management is nowadays in bed with patent maximalists; it works for these parasitic firms and opportunists instead of for science and technology. It doesn't even work for Europe!

"This is sadly becoming rather common and it’s very expensive."The abundance of fake European Patents is becoming a serious peril and a stain on Europe. IP Law Galli's Cesare Galli had this article promoted/disseminated through Lexology the other day, under the headline "Supreme Court of Cassation reverses patent limitation decision," and it said that "Supreme Court of Cassation [France, where António Campinos and Benoît Battistelli are from] recently reversed a Milan Court of Appeal ruling on patent limitation." Wikipedia says it is "one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system, and is the supreme court of appeal in these cases. It has jurisdiction to review the law, and to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in Paris."

Here's what happened (added emphasis/highlight is ours):

On 14 August 2019 the Supreme Court of Cassation (Decision 21402) reversed a Milan Court of Appeal ruling on patent limitation. The Supreme Court of Cassation found that although the Milan Court of Appeal had held the patent at issue to be valid, it had not granted the patentee's claims for infringement because the patent had been subject to a limitation procedure and the acts of infringement had been carried out before the application for limitation had been filed. As a result, the Supreme Court of Cassation granted the appeal and ruled as follows:

[...]

The same reasoning applies – as the Supreme Court of Cassation made clear in the grounds for its ruling – considering that the pronoun 'it' at the beginning of the last sentence refers unequivocally to the noun 'decision' in the previous sentence. This clarifies that only the European Patent Office's (EPO's) decision takes effect from the publication of a decision, whereas the subject matter of a decision (ie, the limitation) and, therefore, the text of the claim as amended in the limitation procedure under Article 105b of the European Patent Convention, produces its effects from the beginning of a patent's life, which is logical, because it is a limitation (ie, a measure that reduces rather than extends the scope of a patent's protection).

In view of these rules, it is therefore unquestionable that the Milan Court of Appeal's ruling (which the Supreme Court of Cassation reversed) had not been decided in accordance with the law, as the court of appeal had held that, until the date of acceptance of the EPO's proposed limitation, the patent in question was null and void in its entirety, even for the scope of protection confirmed by the limitation itself.


This is sadly becoming rather common and it's very expensive. Law firms pocket a lot of money from these needless disputes. They just want patents on everything. Why? Not because it's just or because it's good for science; it's just good for lawyers, it causes chaos and incurs legal bills. These crazy people have gone as far as actively promoting patents on thoughts, maths, life and nature. Chemical giants (poison/toxins such as pesticides and herbicides) nowadays claim to have a monopoly on plants and seeds!

Incidentally, replying to something said the other day and quoted here in the context of patents on nature/life, "Save the world" then commented to say he/she "agreed on the idea of not 'banning' CRISPR, but the relationship between regulations, science and allowing patents on something is a complex one, which to an extent has to be driven by restraint and caution, and not allowing huge agro companies doing whatever they want to. All the potential abuses and things that can go wrong need to be considered beforehand. All major technology has unforeseen consequences, and one great thing about the EU position on CRISPR is that it forces a debate on why it should be considered safe. The 'certain scenarios' you talk about could be wiping out indigenous species, changing the economics of local agriculture, and furthering the interests of Western companies in the developing world. How to balance these risks is complicated and must require caution..."

"Law firms pocket a lot of money from these needless disputes."Debate about patents on life has become one about the harms of GMO -- a subject we covered here regularly about a decade ago. "SlightlyDoubtful" then added: "Which confirms my initial thinking that the technology is not as precise as is made out by the article, to the extent that off-target nuclease mediated mutations are part and parcel of the technology, but then to what extent do these events occur in plants, and which known effects (beneficial or nefarious) of such off-target modifications have been described ? Whilst I agree that it seems highly unlikely that joe public will go around injecting itself with transformed plant DNA (although these days, one never knows), it is undeniable that the release of transformed regenerated plant lines into the wild using a genetic manipulation tool that has the capability to create unwanted genetic side effects is no different to the current issues with GMO plants in general, and the article glosses over this point. The question then, is whether the GM plant industry has shown itself to be better capable of explaining, and being transparent, to the public (including commissioners, MEPs and regulators) with regard to all of the potential downsides linked to the usage of this particular tool. When I worked in that industry, it simply wasn't up to the job in general, with the result that no matter how good the molecular tool or production platform a given entity might have, if the industry can't communicate correctly to the public and the authorities, then sentiment will turn against it and adoption will remain the preserve of academics."

Patents on life have long motivated people to protest in front of the EPO. There are also protests against patents on life-saving medicine, which brings about ethical dilemmas. Yesterday we saw Auris Medical bragging about patents up your nose in a paid press release that said "a clinical-stage company dedicated to developing therapeutics that address important unmet medical needs in neurotology and central nervous system disorders, today announced that the United States Patent and Trademark Office (USPTO) has issued a notice of allowance for its patent application entitled “Pharmaceutical Composition Comprising Betahistine” (U.S. Patent Application No. 15/887,388). In addition, the Company received an “Intention to Grant” notice from the European Patent Office (EPO) for its related patent application entitled “Intranasal Composition Comprising Betahistine” (European Patent Application 18 703 749.4). Upon issuance, the patents are expected to expire no earlier than February 2038 and will provide key intellectual property protection for the Company's intranasal betahistine program."

"This is what happens when the EPO wrongly pursues the goals of patent maximalists."SWNS Stories wrote about the EPO grappling with the "hey hi" hype (and computer/automatically-generated patent applications). To quote: "A team of academics from the University of Surrey has filed the first ever patent applications for AI-created inventions. That means no human inventor contributed to the development of the invention, and the patent applications are under the name of the AI inventor – DABUS. DABUS (Device for Autonomous Bootstrapping of Unified Sentience) is the creation of Stephen Thaler, a pioneering AI researcher based in Missouri. According to the Financial Times, Mr Thaler taught DABUS to produce ever more complex items using words and images. [...] Both the UKIPO and the European Patent Office (EPO) accept that the inventions made by DABUS are eligible to receive a patent. In simple terms, this means that the light device and the container are considered to be industrially applicable and brand-new inventions. However, the fact that the inventions are not the product of human development opens up a whole new world for patents. For example, it remains unclear who (or what) will be credited as the owner or holder of the patent, should it be granted. There are no laws in any country in the world to specify how cases like this should be dealt with. And while AI has been on the global radar for decades as the future of creativity, there is no precedence for an AI machine to be granted a patent or to be credited as an inventor."

This is what happens when the EPO wrongly pursues the goals of patent maximalists. Maybe one day the number of these computer-generated patent applications will exceed that of legitimate (human-made) applications, whereupon the whole legitimacy of this system can collapse. Just like in the financial markets where algorithms nowadays account for the lion's share of transaction volume. It's gamed and rigged.

Recent Techrights' Posts

Last Week's EPO Strike Was the Biggest (Highest Participation Rate), Hours Ago General Assembly Discussed Next (Growing) Intensity of Strikes
Well done and well attended
 
Gemini Links 23/03/2026: "Mandatory" Bad Things and Dangers of Perfection Aspirations
Links for the day
SLAPP Censorship - Part 20 Out of 200: All Roads Lead to Rome and to GAFAM Funding
Now about 10% into this series
Mass Layoffs at HashiCorp, IBM Hid Them
The media did not mention those layoffs
Microsoft Downgraded on Concerns (Lack of Growth) Amid Silent Layoffs in 2026
The press isn't functioning anymore
Links 23/03/2026: Gulf Water at Risk, Heatwave in Malaysia
Links for the day
Slop Means False, New Article by Cybershow
"We are living in a world that is rapidly divesting from reality."
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026
Streisand Effect and Justice
This weekend this site has served over 8 million Web requests
Gemini Links 22/03/2026: "Woman of Tomorrow" and "First Steps in Geminispace"
Links for the day
SLAPP Censorship - Part 19 Out of 200: They Were Ill-prepared for Tough Questions in Cross-Examination
Very ill-prepared for the deteriorating situation caused by their clients' past behaviour towards many people, including high-profile figures who offered to testify
The Media Sold Out to Slop Bros
If you wish for the hype to stop, then stop participating in it
EPO Strike a Week From Now, After That Strikes Can Become Permanent
A week from tomorrow there will be another strike
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026
SLAPP Censorship - Part 18 Out of 200: Third Parties Funding Attacks on the Messengers, Lawsuits Against GAFAM-Critical Voices That Uphold Real National Security
Women are like kryptonite to them
Never Trust People Who Write Their Own Wikipedia Pages (Vanity Pages About Themselves) or Ask Friends to Do So. Also: Jono Bacon is Married to Microsoft.
We'd hardly be the first to point out Wikipedia isn't what it seems
No Tolerance for Attacks on Family Members
Being a Free software activist ought not lead to "collateral damage" like attacks on family members, including doxing
Sirius Open Source is Just a Zombie Firm With Shell Entities
Many companies fake their health and their size
Communities Can Only Survive When Trust Prevails
PCLinuxOS is still a vibrant and authentic community
Techrights Was Always a Community Site
The harder we're attacked, the more people participate in the site
Maintenance Reminder
We'll carry on publishing
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026