Bonum Certa Men Certa

When They Run Out of Things to Patent They'll Patent Nature Itself...

No patents on life and nature? You must have missed the news!

Some blooming trees



Summary: The absolutely ridiculous patent bar (ridiculously low) at today's EPO means that legal certainty associated with European Patents is at an all-time low; patents get granted for the sake of granting more patents each year

HAVING just covered software patents in Europe and UPC issues, we now look at the broader picture in the European Patent Office (EPO).



It's so sad that in less than a decade the EPO managed to earn a reputation worse than that of the USPTO not just because of the scandals but also decline in patent quality. Those two things are of course closely linked. Examiners that Battistelli has not managed to drive away António Campinos either drives to 'retirement' or replaces with private companies. It's as if it's an actual goal to get rid of experienced examiners and turn their job into a business venture with the likes of Serco, which already do business for the USPTO.

"It's so sad that in less than a decade the EPO managed to earn a reputation worse than that of the USPTO not just because of the scandals but also decline in patent quality."When EPO founding documents were crafted and refined half a century ago architects of the system envisioned a system that would serve scientists, be inclusive (not in the nepotism sense), and not be run like a greedy corporation. The EPC was routinely violated in recent years and nobody was held accountable. This is why we end up in such a sordid mess. It's utterly grotesque.

Check out who's hammering the news wires this week [1, 2] with stuff like this, in effect self-promotional words for an event that berates quality control:

Many patent applications and patents are lost before the EPO, either before Opposition Divisions or before Appeal due to incorrect original drafting, and added subject matter is a recurrent problem. Learn advanced drafting techniques for successful EPO patent applications.

Many patent applications and patents are lost before the EPO Boards of Appeal due to incorrect original drafting. Added subject matter is a recurrent problem: Amendments made during grant procedure, to take account or new prior art, amount to added subject-matter, often fatal in opposition procedure before the EPO, and national courts.


Giving tips for getting patents from the EPO -- even if fake patent monopolies -- by employing tricks to exploit deliberate loopholes. Is this what we've come to? Also published yesterday was this piece behind the Agrow paywall:

Submissions urge EPO not to patent conventional plants



The European Patent Office (EPO) has been urged not to patent conventionally bred plants in separate submissions from the European Commission and a group of farming and environmentalist organisations.


Such patents should never have been granted in the first place; patents on nature don't make sense, neither morally nor legally. Anyone who's granting them does a disservice to common sense and the planet. Similar patents literally cause the death of a lot of people. Back in February we wrote about patents on cancer treatment -- the latest of many articles on the subject. Here's a new press release about another such European Patent:

Onxeo S.A. (Euronext Paris, NASDAQ Copenhagen: ONXEO), (“Onxeo” or “the Company”), a clinical-stage biotechnology company specializing in the development of innovative drugs targeting tumor DNA Damage Response (DDR) in oncology, in particular against rare or resistant cancers, today announced having received a communication from the European Patent Office (EPO) informing the Company of its intent to grant a new patent strengthening the European protection of compounds sourced from its platON™ platform.

[...]

This patent will provide a term of protection valid until mid-2031, which could be further extended until 2036 via the supplementary protection certificate (SPC) system. It completes the already robust set of 9 patent families securing the protection of AsiDNA™ and its related compounds.


Instead of tackling cancer, as it should, the EPO grants monopoly through patents so as to limit who can treat cancer!

Here's another new statement, coming from esoteric sites like "Golden Casino News":

Scandion Oncology A/S (“Scandion Oncology”) today announces that the European Patent Office (“EPO”) has granted the company’s patent application for SCO-101 when combined with chemotherapy. Patent is valid until May 2037.


The headline says "Scandion Oncology A/S receives EU-patent for SCO-101," but that's just wrong. EPO is not EU. Notice what's being granted here; the EPO now treats cancer as "business opportunity" rather than something to be cured; the same goes for global warming. If only more people grasped the seriousness of it...

Rose Hughes (working for companies like the above) has meanwhile covered T 1003/19) -- a case concerning intention to grant European Patents:

Recent Board of Appeal decision T 1003/19 poses a riddle: when is it not the intention of the EPO to grant the "text-intended for grant? Before the Examining Division (ED) grants a patent application, they send the applicant a copy of the text-intended for grant (“Druckexemplar”) (Rule 71(3) EPC). The text-intended for grant is normally considered to be, as the name suggests, the text that the ED plans on granting. In response to the Rule 71(3) communication, the applicant approves the text-intended for grant by filing translations of the claims and paying the appropriate fees. If the applicant approves the text-intended for grant, the patent is granted.

T 1003/19 related to an appeal from a decision of the ED to grant an application based on a text-intended for grant in which all but one of the drawings pages were missing. The applicant had approved the text-intended to grant. In most circumstances, it is difficult for a patentee to correct mistakes in a granted patent based on a text-intended for grant that they have approved. As stated in the Guidelines for Examination: “Since the final responsibility for the text of the patent lies with the applicant or patentee, it is his duty to properly check all the documents making up the communication under Rule 71(3)” (H-VI-3.1). It is difficult to argue, for example, that it was not the intention of the ED to grant a patent containing a mistake introduced and approved by the applicant themselves (G 1/10, IPKat post here).

[...]

The BA concluded that the applicant had not approved a text-intended for grant. The BA therefore set aside the decision to grant the patent.


There are serious autonomy problems at the EPO as the appeals process is lacking independence and suffering massive backlogs as well.

"Trips to Cambodia and Ethiopia don't exactly present the EPO as a world leader."Alex Frost, writing the first reply to this post, said: "We have tried to escalate this problem with the EPO as it is causing huge problems with disgruntled applicants who are being told that they cannot rectify a problem that is in no way of their making."

Here's the full comment from Alex:

A welcome decision given the exponential rise we are seeing in the number of errors being introduced by Examining Division at the moment. So far in 2019, just of my own cases, I have come across 5 with significant errors (description pages missing or duplicated; drawings missing etc), all of which were the fault of the EPO (either the Primary Examiner or his/her Formalities officer, presumably). Goodness only knows how many such cases there have been across the whole firm/profession.

This is against a backdrop of, I guess, a similar number (5 or 6 ) such cases of mine with this sort of ED introduced error over the whole previous 25 years of practice. No doubt a part of the problem is the unseemly haste to examine and grant applications at the moment. We have tried to escalate this problem with the EPO as it is causing huge problems with disgruntled applicants who are being told that they cannot rectify a problem that is in no way of their making.


It's nice to see so lucidly expressed (and publicly recognised) issues aired in IP Kat again, even if only in the comments. The decline in patent quality will accompany a collapse in legal certainty. And then what? Who would then be willing to apply for European Patents or at what cost? What does EPO even know of patent quality? The EPO, in external communications, brags about spreading its lowered patent quality and invalid patents to other continents! "In order to avoid duplication of efforts and provide services on time and at a high level of quality, IP offices need to work together," the EPO wrote yesterday. Judging by which patent offices today's EPO takes photos with, the future doesn't seem promising. Does the EPO try to adapt to the standards of countries with not a single European Patent? Trips to Cambodia and Ethiopia don't exactly present the EPO as a world leader.

Recent Techrights' Posts

Reddit is Corporate Propaganda
To make matters worse, Reddit ousted many original moderators
Jeff Geerling Shocked to Discover Many Metrics in YouTube Are Fake (His Audience Turns Out to be Much Smaller)
Maybe self-host all videos, don't rely on Google's "FOMO" cheating (addiction based on false assumptions)
EPO Workers Point Out that the EPO is Destroying the Planet Under the Guise of "Hey Hi" (It Also Grants Many Invalid Patents Illegally
On 12 March and 16 June 2025, staff representation met with the administration in the Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in Munich
How the European Union (EU) Fell Out of Love With Free/Libre Software
Lots of bribery
 
Rumour: Second Wave of Microsoft Mass Layoffs in September to Commence Third Week of September
That basically answers questions like, "Any specific date or time of the month?"
If Your Machine Still Has "Secure Boot" Enabled, Then Microsoft Has a de Facto Kill Switch (Even If Your Machine Doesn't Have Windows and Never Had Windows)
It is not incorrect to call UEFI 'secure boot' a "kill switch"
Gemini Links 08/09/2025: Reality, ROOPHLOCH 2025, and Writing Another Gemini Client
Links for the day
Updating Firmware is Not the Solution But Only Additional Risk, Disable "Secure Boot" Today
firmware blobs are buggy, secret, impossible to audit, and barely tested
Microsoft Tim's DevClass (Part of The Register MS/Situation Publishing) is Full of Slop
Looking at many sites that are full of slop images is becoming an eye sore and hallmark of text too likely generated by LLMs or 'assisted' (tainted) by them
Microsoft Trying to Fake Demand for Slop. At What Cost?
That's a giant demotion and broken promises
Sunlight is the Best Disinfectant and Kryptonite/Garlic to Vampires
Transparency (sometimes described by words like "Sunlight" or "Truth") is paramount
The Register MS Uses Slop in Articles About Slop
we are fairly certain it's slop or CG based on other people's work
Visiting a Web Page or a Public URL Should be Safe, Predictable, and Benign
It's probably too late to "fix" the Web
The Register MS (Situation Publishing) is Paid to Spread Mindless Hype for the "Hey Hi" Ponzi Scheme and That's a Serious Problem
"Sponsored by Zoom."
Links 08/09/2025: Burger King Cracked, Cox v. Sony Analysed
Links for the day
Gemini Links 08/09/2025: Socialist Computer Museum and GAFAM/ByteDance/TikTok-Dominated Net
Links for the day
Links 08/09/2025: Tim Crook Disappoints Apple Faithfuls and Zuckerberg Lies (Financial Fraud) for Cheeto King
Links for the day
Turn Off Microsoft's Restricted Boot ("Secure Boot")
We're still running a series on this issue
Social Control Media Sites Have Become Bot Farms (Not Limited to LLMs and Automation)
linkedin.com was nothing but trouble and losses for Microsoft
Deep in Debt With the Magnitude of Losses Quickly Growing, Microsoft "Open" "Hey Hi" Now Uses Broadcom for Vapourware, Pretending It'll Do OK Next Year
At some stage it'll collapse
You Can Tell Microsoft is in Trouble When Its Own Fans and Staff Blast it
"Microsoft sinks billions into chasing artificial intelligence fads to hype up its share price."
Multiple Undersea Cable Cuts and We're Still OK
Microsoft customers experience problems
Lawyers Who Think They Are Online Assassins Don't Deserve a Licence to Operate
they've become a laughing stock in their "sector"
Microsoft Windows Fell to 3.9% "Market Share" in Bahamas
Based on statCounter
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 07, 2025
IRC logs for Sunday, September 07, 2025
Gemini Links 07/09/2025: Scanner, Slop, and Chadobear
Links for the day
The UEFI 9/11 is 3 Days Away
Nobody denies that bad things will happen
Google Versus Journalism
Google played a big role in the demise of news sites
Gemini Links 07/09/2025: Advertising, Decentralized Archival, and Outsourcing to Bezos
Links for the day
Certificate Authority Let's Encrypt Has Almost Gone Down to Zero, Nearly Totally Extinct in Geminispace, the Few Capsules Still Using It Are Spam/Dead/Stagnant
This represents another decrease for Let's Encrypt; the last decrease was last week
Not Much Left in News Cycles
To be very clear, this does not describe "Linux" anything; it's true in just about every facet of news, except the paid-for fake "journalism" about "hey hi" (sites getting paid explicitly to maintain or rekindle hype)
Trying to Silence Techrights Was a Huge Mistake
Peter Thiel attacked a publisher for asserting, correctly, that he was gay. Now everyone knows it.
Throwing Away "Old" Computers (Mozilla and Other Climate Deniers)
Mozilla is not leftist
The UEFI 9/11 - Part VIII - Denial of Service and Selling Us WSL (Windows) Instead of "Risky" (Prone by Breakage by Microsoft) GNU/Linux
Restricted Boot (so-called 'SecureBoot') does not improve security. It is nothing but trouble. It's meant to trouble non-Windows users. In dual-boot setups, SecureBoot is a recipe for disaster because Microsoft keeps erasing or tampering with the boot sector, to paraphrase an associate
Slop is Extremely Rare in Geminispace, Slop Images Are Unheard Of (Despite Images Being Supported)
As long as Geminispace grows in terms of domains it's safe to predict the protocol will still be used in 2029 and hence Geminispace will turn 10
Links 07/09/2025: Robodebt Class Action, Fines, and Copyright Settlement
Links for the day
Links 07/09/2025: Yle Impersonated in Social Control Media, Boat-Attacking Orcas, Midjourney Sued Again
Links for the day
Slopwatch: LinuxSecurity, Linux Journal, and the Serial Slopper
Google won't tackle the issue because Google participates not only in relaying slop but also in generating lots of it
Links 07/09/2025: Google Fines in EU and "Your Internet Access Is at Risk"
Links for the day
Gemini Links 07/09/2025: Little Brother and Corporate Theatre
Links for the day
Links 07/09/2025: More Harms of Slop and Anthropic's Nightmare Scenario (Huge Legal Liabilities for Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 06, 2025
IRC logs for Saturday, September 06, 2025
Microsoft Sites Now Talking About September's Mass Layoffs at Microsoft
It's noteworthy that even Microsoft's MSN now covers the latest revelations about mass layoffs
Gemini Links 06/09/2025: SpellBinding Moving and "The Cloud" Ridiculed
Links for the day
Slopwatch: On "the Apology Industry", Chatbots (Punchbag for Customers), and Fake Articles About "Linux"
"news reporting priorities changed"
Links 06/09/2025: "Covid Incidence on the Rise" and Many Attacks on the Press Worldwide
Links for the day
The Register Bill
The Register MS - putting the "MS" in your centre of the universe
Analogies for "Memory Safety" in Rust
Don't worry, it's Rust! It can do anything!
Nobody Denies That SecureBoot Will Cause Problems After September 11
Not even Microsoft
Gemini Links 06/09/2025: Infinite Scrolling and Posting from Emacs
Links for the day
Links 06/09/2025: GitHub Meltdown Over Slop, "U.S. Jury Says Google Should Pay $425 Million in Privacy Lawsuit"
Links for the day
Despite Its Severe Financial Problems Gnome Foundation Inc Paid Rosanna Yuen Over 100,000 Dollars Last Year
maybe relocation should be considered
The "Left" and the Right"
It poisons everything
Mozilla and Rust Are Not Leftists
they're part of the mass consumerism machine
Disposable to Microsoft
There is an extensive set of people who got used by Microsoft, only to be thrown away a month later or a year later or a decade later
The UEFI 9/11 - Part VII - This Coming Week Many PCs Will Refuse to Boot "Linux" (Because of Microsoft's Expired Certificate)
The real solution is, disable "secure boot" or "SecureBoot" while it's still possible. [...] Just like submarine patents, a lot of this problem was "hibernating" for a while
The Thing Nobody in Red Hat Wants to Talk About Openly
There is a real sentiment or worry among Red Hatters, Europeans and Americans in particulars (because of higher salary expectations)
Slopwatch: Small Parade of Fake News About "Linux" and Scams Borrowing the Name (or Word) "Linux"
In practice, LLMs are a risk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 05, 2025
IRC logs for Friday, September 05, 2025