Bonum Certa Men Certa

European Patents Losing Their Appeal, Lustre and Glamour

Presumption of validity an elusive dream now

IAM on quality at EPO



Summary: Years of assaults on EPO staff -- including EPO judges -- have taken their toll and the quality of patents is nothing like it used to be

WHETHER it's Iancu (USPTO) or Campinos -- or his predecessor Battistelli -- the trend in Western patent offices isn't encouraging. For a little while, with Michelle Lee at the USPTO for example, there was a glimmer of hope. Will these offices quit their obsession with quantity? Will they focus on quality instead (not just mention the word "quality")?



"Patent maximalists are devaluing the patent pool and harming the perception associated with patents."Ask European patent examiners what they're seeing; they know patent quality is being reduced. Even recent court cases show that many European Patents are 'fake', e.g. SolarEdge. Fewer firms than before are writing a whole press release and paying to spread it just to say that the European Patent Office (EPO) -- with all its issues -- granted a monopoly; over the past few weeks if not month we found only one example of it [1, 2] (4 days ago).

Patent maximalists are devaluing the patent pool and harming the perception associated with patents. This new article ("The Rise Of Patent Wars In Europe's Gene Therapy Space") reminds us that monopolies on genetics are being granted by the EPO (patents that are in violation of the EPC, instructions from Parliament and so on). The part about these patents is behind the paywall and it's preceded by loads of hype and jingoism:

The gene therapy industry is in an exciting phase of growth, undergoing significant mergers and acquisitions activity, product sales and new marketing authorizations that are being issued with increasing regularity globally.

Recent reports have estimated that the market is likely to be almost four times its current value by 2025[1], with up to 20 new product approvals expected every year[2].

This rapid growth brings inevitable challenges. Significant issues relating to regulatory standards in manufacturing plants, establishing acceptable reimbursement policies and antitrust investigations are among a few.


There are now many patent disputes and law firms profit from these. Many of the underlying patents perish in courts (we've given several examples earlier this year). That's not really a problem for law firms because they profit regardless and days ago in Mondaq Marta Kawczynska (Polservice) was trying to 'sell' patent 'services', including at the EPO, citing the EPC which the EPO violates every day:

In accordance with the EPC, a European patent application may be filed by any natural or legal person, or by any equivalent to a legal person by virtue of its governing law. For the purposes of proceedings before the European Patent Office, the applicant is deemed to be entitled to exercise the right to the European patent. The application may be in the name of one applicant or joint applicants. The application may also be filed by two or more applicants designating different contracting states. It is possible that a first applicant may designate one group of contracting states and a second a different group of contracting states, while both applicants jointly designate a third group of contracting states.


It would be useful to be told about the rapidly-declining patent quality and low validity rates this entails. National patent offices (NPOs) likely provide much better services than the EPO, based on people who have worked with both. The way things are going, some time soon European Patents (EPs) will be synonymous with Invalid Patents (IPs). The EPO nowadays grants patents on animals, life, nature, plants, seeds, maths, and statistics. It's really ridiculous.

Incidentally, promoted in Lexology the other day was this article by UDL Intellectual Property's Terence Broderick, noting that "the EPO found that the documents could be passed without any legal barrier" in a case initially mentioned here a few weeks ago (it's regarding a trolling conglomerate with a pile of software patents wrongly granted in Europe). To quote:

This year, the European Patent Office (EPO) considered this exact point, examining the public availability of shared documents in the context of a disclosure which would prejudice the patentability of an invention.

The documents were produced as part of the MPEG standardisation process. Standardisation can often involve collaboration between organisations and the employees involved will often pass documents between each other without stopping to consider the confidentiality implications.

However, in this particular case, the EPO found that the documents could be passed without any legal barrier to individuals not bound by confidentiality. The documents were found to be publicly available as it was possible for them to be accessed by individuals not bound by an explicit confidentiality obligation.

So, if your employees are collaborating with others and sharing confidential information, you must ensure that all of the parties are bound by explicit obligations of confidentiality. Otherwise, you may find that one of your employees has accidentally invalidated one of your patents before it’s filed.


When it comes to lack of confidentiality, there have been vastly worse scenarios over this past year. The EPO just isn't acting like a law-abiding institution; it's hardly even trying.

Recent Techrights' Posts

Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
 
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day