Bonum Certa Men Certa

Media Reactions to the EPO Coming to Grips With Fake Patents That It Granted (Spoiler: the Media is Controlled by Lawyers of Monopolists and EPO Partners)



Invalid Patents (IPs) or European Patents (EPs)? Let the spin begin...


'Free' propaganda



Summary: Appalling quality of reporting and truly awful bias in the media, primarily owing to the fact that it is dominated/manned not by actual reporters but the firms looking to patent life itself; they use their lawyers and operatives who are literally funded by these lawyers (wearing "journalist" badges to mislead)

TODAY'S European Patent Office (EPO) repeats all the same mistakes made by the U.S. Patent and Trademark Office (USPTO), which celebrates reduced patent quality this week (it's all over the news and in our Daily Links too).



Non-scientists like António Campinos and Battistelli want us to believe that "success" means more patents and vice versa, neglecting -- perhaps intentionally -- to take account of what patents actually are. Iancu flagrantly snubs 35 U.S.C. €§ 101 and Campinos happily violates the EPC when he lobbies judges to allow software patents in Europe.

"When they say "inventions in the field of AI" they mean algorithms. They mean code with some logic in it."World Intellectual Property Review (WIPR), a mouthpiece of the EPO (it wasn't always like that, but staff changed), has just parroted the puff piece of Campinos, Iancu and others. They're pushing the "hey hi" (AI) nonsense. To quote: "The aim is to pinpoint which areas can most benefit from joint IP5 responses, ranging from employing AI to improve the patent grant process, to applying the patentability requirements to inventions in the field of AI, and handling applications for inventions created by machines."

When they say "inventions in the field of AI" they mean algorithms. They mean code with some logic in it.

But let's brush aside the whole controversy about those abstract patents and focus on what happened in Munich Haar last week. Many EPO patents that had been illegally granted on nature and life came under scrutiny. A large portion of these patents and all CRISPR ones have just been rendered worthless and the EPO still says nothing about it. It is a lying institution that deserves no respect.

Did it speak about it yesterday? Nope. Instead this: "Want to know what can be patented in #biotech? Join us for this event in Zurich" (it did the same around the time of the above decision).

So the EPO is happy to lie when it needs to distract from its law-breaking. When law-breaking becomes more visible the EPO says nothing. As we noted earlier this week, this CRISPR patent battle was only covered by monopolists and their mouthpieces. There has been virtually no journalism about this. Quickly came IAM out of the gate, with its Life [sic] sciences [sic] reporter [sic] Adam Houldsworth, basically a lobbyist for the monopolisers of life and nature (they pay him for it).

Then there was BioNews (UK), where Dr Yvonne Collins wrote:



The European Patent Office (EPO) announced that it will uphold an earlier ruling to retract a key CRISPR/Cas9 genome editing patent held by the Broad Institute of Harvard and MIT, Massachusetts.

The EPO Board of Appeal reversed its earlier decision to refer the case to a higher panel, and stated that it would uphold the 2018 ruling of the EPO's Opposition Division to cancel the Broad Institute's patent for failing to prove novelty and a valid priority claim.

The EPO panel concluded that:

'This prior art became relevant because the opposition division did not acknowledge the patentee's claim to priority from a US provisional application naming more applicants than the subsequent PCT application [Patent Cooperation Treaty application- this is the application that was made to the EPO] from which [the patent] is derived. Since the omitted applicant had not transferred his rights to the applicants of the PCT application the priority claim was considered invalid.'


Mondaq, a propaganda outlet of law firms (connected to IAM), is still posting nothing balanced at all. Aside from this latest litigation jingoism from Francois Pochart, Elodie Bardon and Lionel Martin (August Debouzy) it posted "Broad's CRISPR/Cas9 Patent EP2771468 Revoked By The European Patent Office" by Lisa A. Haile. Check affiliation. To quote:

In the ongoing CRISPR patent battle, after four days of oral arguments, it was announced today that the European Patent Office's (EPO) Technical Board of Appeal (Board) upheld the earlier EPO Opposition Division ruling from January 2018, stating that Broad Institute's European patent EP2771468 is not novel and therefore fully revoked.

The Board confirmed the prior decision, finding that all claims of the Broad Institute's patent for gene editing were invalid because the Broad Institute was not entitled to its earliest priority dates and therefore the claims lacked novelty in light of prior art. Thus, all claims of the Broad Institute's patent remain fully revoked and the Opposition Division's decision to revoke the patent is now final.


Where are the non-lawyers? This whole thing was mentioned by almost no scientists. The case was followed closely and subjectively by an attorney from AstraZeneca at IP Kat and yesterday we saw this article about AstraZeneca leveraging dubious European Patents against generics:

AstraZeneca is the holder of European Patents EP1250138 (EP'138) and EP2266573 (EP'573), which claim an intramuscular formulation of fulvestrant for the treatment of breast cancer. EP'573 is a divisional of EP'138 and both patents will expire on 8 January 2021.

AstraZeneca is also the holder of Patent EP1272195 (EP'195), which claims the use of fulvestrant for the treatment of a sub-type of breast cancer patients. This patent expires on 2 April 2021.

In July 2017 AstraZeneca sued Teva for alleged infringement of the formulation patents EP'138 and EP'573. It also requested and was granted an ex parte preliminary injunction. In January 2018 AstraZeneca sued ratiopharm for infringement of the same patents, plus use patent EP'195.

In parallel, in May 2017 the European Patent Office (EPO) Opposition Division revoked the divisional EP'573 due to lack of inventive step; AstraZeneca's subsequent appeal was pending.


We're still trying hard to find an actual investigation of what's at stake, but it's Googlebombed to death by lawyers of monopolists striving to 'own' all lives and nature. Misfiled under "European Union" was this piece by Christopher Wilkins (Dehns, Team UPC) entitled "CRISPR Patent Portfolio Edited: The Broad Institute Has Lost Its Appeal On A Key CRISPR Patent In Europe..."

"As I have discussed previously here," he said in a blindly promotional fashion, "CRISPR-based techniques have revolutionized the field of gene editing in recent years. The Broad Institute is at the forefront of this technology and holds many of the original patents. However, the validity of some of those patents has been challenged at the European Patent Office (EPO) and developments this week are a blow to the Broad Institute's patent coverage in Europe."

So what? Are they your client? Or similar to them?

Speaking of the misfiling under "European Union", this morning Benjamin Henrion wrote: "Still no answer on why the EPO, who will grant the Unitary Patent, is still not following the "rule of law" principle, and cannot be taken to court for maladministration."

How come the EU's rules are being ignored by the EPO? Need it be mentioned that the Unitary Patent is an EU system?

Can the EPO persist in this existence without any oversight whatsoever? This morning the EPO tweeted about its close connections to the EUIPO (EU), but later they tell us that the EPO has nothing to do with the EU.

It might also not help the EPO that the title "SeaTwirl Gets EU Patent" has just been published (along with "European Patent Office Nods to SeaTwirl"). Too many still think that EPO is EU (even applicants and journalists). The EU had already said "no" to such patents (patents like CRISPR) a long time ago, including last summer, but the EPO carried on ignoring it.

Recent Techrights' Posts

Hard to Find a Job After Working for Microsoft (Back Doors Giant, Bribery Hub)
It generally looks like people who chose to serve Microsoft's agenda don't end up too well
Altering Perceived Reality to Make It Seem Like Microsoft is Thriving, Not Failing
pretend XBox did not die
Confluent Insiders: IBM Laid Off Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
Where and How to Spot LLM Slop
Many people correctly perceive LLMs as a site's downfall, a step towards the abyss
 
Links 26/03/2026: Tor Relay at National Taiwan Normal University, Copyright Hammers Fall
Links for the day
Gemini Links 26/03/2026: "The War of the Worlds" and "sometimes science is just the dumbest thing"
Links for the day
The World Wide Bots
The shape of the Web is so bad that bots exceed humans in some places
Links 26/03/2026: Solicitors Regulation Authority (SRA) Closes 101 Law Firms in 2 Years, "Please Compensate the Work You Appreciate"
Links for the day
Regaining Software Freedom Means Regaining Control Over Programs That Run on Our Devices
Richard Stallman will speak in Italy
Microsoft Secure Boot Removes Users' Choice
Has Greenland banned Microsoft and 'secure' boot yet?
IBM Pushes Workers Out, It Does Not Count Them as "Layoffs"
The number of IBM layoffs can be as large as tens of thousands per year
Microsoft Lost 31% Of Its Alleged "Value" in Five Months, Then It Got Downgraded
In 2026 Microsoft focuses on keeping the layoffs silent
SLAPP Censorship - Part 24 Out of 200: The Failed Effort by Brett Wilson LLP to Strike Out My Lawsuit and My Wife's Lawsuit Against Garrett (the Master Allowed Our Lawsuits to Proceed)
This is lawfare
Official New Figures Show That Solicitors Regulation Authority (SRA) Sees Rise in Dishonesty Among Law Firms Forcibly Shut Down ('Euthanised' Due to Misconduct)
It's rather if in our little country as many as 16 law firms were found to be so dishonest that they needed to be shut down
Back to Normalcy
In our datacentre at least
IBM is "Increasing Its Temporary and Part-time Headcount" While Net Headcount Falls (Despite Buying Many Companies and Their Workforce)
Headcount is a rather superficial yardstick.
EPO Union Decides to Continue Industrial Actions, Next Strike in Four Days
The latest strike had the highest participation rate
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 25, 2026
IRC logs for Wednesday, March 25, 2026
Microsoft's "Silent Layoffs" in Slop Clothing
"AI-powered transformation" is just a euphemism for mass layoffs
Public Talk by Richard Stallman in Half a Day "at the Engineering and Architecture Campus of Cesena of the University of Bologna"
He'll probably attract a fairly large crowd
Gemini Links 26/03/2026: Buying a House, Stargazing, OFFLFIRSOCH 2026
Links for the day
Links 25/03/2026: Nations Return to Russian Oil and Burning Wood
Links for the day
Gemini Links 25/03/2026: Resisting Authoritarianism and Why Slop Needs to Go Away
Links for the day
Fedora Maintainer-ship Using Slop (Mistakes) Would Make Fedora Less Reliable
It won't produce reliable code or stable systems one can rely upon
IBM's "Legacy Employees" (Experienced Workers, IBM Management Dubs Them 'Dinobabies')
This notion of "legacy employees" seems like something overlapping with "expensive" (well paid) staff, even if not entirely equivalent
EPO's "Current Industrial Actions Are Likely to Intensify Further."
There is another strike in 5 days
This Morning The Register MS Published Slop Promotion With the Term "AI" 15 Times In It. The Register MS Was (As Usual) Paid to Do This
This is not a serious publisher
SLAPP Censorship - Part 23 Out of 200: We Were Right All Along (for 2 Years) About Third Party Funding and Willingness to 'Break the Bank' in Pursuit of "Revenge"
How much damage can a person do to oneself in pursuit of cover-up of legitimate technical concerns?
Gnome Foundation Inc is in Trouble
the agenda is set GAFAM and IBM rather than donors
Links 25/03/2026: Airports Further Militarised, "Slopification and Its Discontents", Microsoft 'Open' 'Hey Hi' Shutting Things Down
Links for the day
Gemini Links 25/03/2026: Blogging Fright and Absolutely Useless 'Apps' Made by Slop Machines
Links for the day
Rise in Energy Prices Will Significantly Accelerate the Death of So-called "AI Companies"
It should be noted that fake news about Microsoft OpenAI doubling workforce (mere words, not actions) can serve as a nice distraction from the death of Sora due to divestment
It's Always a Question of Trust
There's a widespread stigma of lawyers being manipulative and chronically dishonest
Solicitors Regulation Authority (SRA) Must More Carefully Investigate or Assess the Financial State of Law Firms in the UK
We'll cover this in depth in the future
GAFAM Mozilla Removes Theora Support, Now GNU Needs to Re-encode Videos
Mozilla used to mean something to Free software advocates
An Open Admission Profits Depend on Addiction
Proprietary software tends to be like this
IBM Americas President Ayman Antoun Comes to OpenText, Weeks Ahead the Mass Layoffs Begin
Is that what IBM will be good at?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 24, 2026
IRC logs for Tuesday, March 24, 2026
SLAPP Censorship - Part 22 Out of 200: When You Complain People Impersonate You in IRC (But You Yourself Impersonate People in IRC and Lock Them Out of Their IRC Handles)
We'll cover this with direct evidence some time soon
Gemini Links 24/03/2026: Junk Drawer Time Capsule and Building Outside Alire
Links for the day
Not Much LLM Slop About "Linux" Lately, It Only Ever Comes From the Same Few Sites
As long as only few such sites use LLM slop we can skip and avoid them
Links 24/03/2026: "Epic Lays Off Over 1000 Employees" and US in Financial Trouble According to the Fed
Links for the day
The "Media" Does Not Only 'Miss' Mass Layoffs
"The Treasury just declared the U.S. insolvent. The media missed it"
The Empty Suits of IBM Managers (NIH or "Nothing Invented Here")
IBM's management adopted the business model of parasites
2012: 'Secure' (Microsoft-Controlled) Boot Has Not (Yet) Been Made Obligatory. 2026: systemd Has Not Implemented Age Verification
should we stop calling "nazi" everyone we don't agree with?
More Threats (Including Physical Threats) Against Us Are a Dumb Move
It's like a "hit list" (targets list) and I shall keep the police duly informed
New Example of Pentagon in "Feminist" Clothing Inside Fake News of Publishers Paid to Promote Outsourcing to US ("Clown Computing") and American Slop
Google now pays money to promote Google as a friend of women
Hating Techrights is a Career
but is it good for civil society?
Dr. Stallman’s Work Will Never be Considered 'Mainstream' Because He Rejects and Works Against the So-called 'Mainstream'
Try to be more like Stallman
The New Layoffs: 'Silent Layoffs', 'Secret Layoffs', 'Quiet Layoffs', 'Passive Layoffs' 'Stealth Layoffs', and Unannounced Layoffs Disguised as Return-to-Office (RTO Mandates)
The US needs to revisit and fix the WARN Act
EPO "Cocaine Communication Manager" - Part IX - Cocaine Addicts in Charge of the EPO Attacking Families of EPO Staff
Things like being high-profile and being a serious drug addict aren't opposites
What Feminism in Science Means (Codes of Conduct Don't Tackle the Real Issues)
Universality matters, more so in a project or community that's said to build the "universal operating system" (Debian)
SLAPP Censorship - Part 21 Out of 200: It's About Behaviour Online, Not How Much Money From Shadowy Third Parties Gets Spent on Lawyers and Two Barristers
75+ KG of legal papers, 2 cases, 2 barristers (one hiding in the metadata) and maybe two law firms (also hiding in the metadata) against two modest people in Manchester seems disproportionate and vindicative
Links 24/03/2026: "Airports on ICE" and "Have You Paid Your “Intuit Tax”?"
Links for the day
Gemini Links 24/03/2026: Slop Interview and Why Slop Makes Lousy Code
Links for the day
Richard Stallman to Give Public Talk This Thursday at the University of Bologna (Italy)
Hardly the first time he speaks in Bologna
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 23, 2026
IRC logs for Monday, March 23, 2026