Bonum Certa Men Certa

The GMO Loophole Prevails at EPO Though Allowing People to Patent Life and Nature (or Even Mathematics) Harms Europe For the Sake of Litigation Euros

The EPO's tribunal has determined that "plants and animals exclusively obtained by means of an essentially biological process are excluded from patentability under the European Patent Convention," but that leaves up to artistic interpretation genetic manipulation spun as "technical"

Pimped-up ride: Generic, Patented
Change it a little, get a patent



Summary: The Enlarged Board of Appeal decides that many patents granted by the EPO on nature/life (a bit like Mayo at SCOTUS) are fake patents; is the 'European Alice' up next (tossing out many hundreds of thousands of bogus software patents)?

THE European Patent Office (EPO) continues granting software patents in Europe in clear and direct defiance of the EPC while JURI -- as we've noted earlier this week -- lends a hand with buzzwords and "technical" nonsense. Even the US is less likely to grant such patents after 2017 of thereabouts (35 U.S.C. €§ 101/Alice) although that too seems to be changing, owing in part to the loopholes constructed by the EPO across the Atlantic.



"It's not to hard to just grant loads and loads of patents; without quality control it's just anarchic monopolism."Hours ago the EPO tweeted: "Between 2018 and 2019, we recorded a 29% overall increase in European patent applications in #MachineLearning [algorithms] and #PatternRecognition [algorithms] . Read more here: https://bit.ly/DigitalisationIndex …"

They're basically celebrating illegal patents, having bent the law to fake 'production' and harm Europe. And who for? Litigation firms, trolls and monopolists (usually not European at all). It's not to hard to just grant loads and loads of patents; without quality control it's just anarchic monopolism.

Early this morning the EPO revealed a decision regarding patents on life, expressing a sort of regret that it had violated the EPC.

"Enlarged BoA issues opinion on EPO President’s referral on plant and animal patentability exception," the EPO wrote. They don't even state the outcome and the full statement here (warning: epo.org link), with its vague title, says nothing about the outcome.

"EPO probably still gives a greenlight to patenting genetically modified organisms (GMOs)," Henrion opined, quoting. the "EPO technical blackhole: 'technical toppings' such as those describing random mutations, can be used to claim plants and animals as ‘inventions’. Companies can escape the current prohibitions, e.g. European patents on barley and beer, melons or lettuce https://www.no-patents-on-seeds.org/en/node/638 ..."

It's that same old waffle to excuse their illegal patents on algorithms. They give guidance to applicants, urging them to work around the rules, relying on unlawful guidelines for examiners (unhinged and incompatible with the EPC). The EPO's statement goes like this:

Today the Enlarged Board of Appeal, the highest level of judicial authority at the European Patent Office (EPO), issued its opinion G 3/19 on questions related to the patentability of plants and animals.

The opinion, triggered by a referral from the President of the EPO in April 2019, concludes that plants and animals exclusively obtained by means of an essentially biological process are excluded from patentability under the European Patent Convention.

Speaking on the case, António Campinos said, ‘I strongly welcome the opinion of the Enlarged Board of Appeal. It will bring greater legal certainty for patent applicants, and the general public, on what is a sensitive and complex issue that has legal, societal and economic implications.'

The Office will act in accordance with the clarifications provided in the Enlarged Board's opinion and implement them in its examination practice in close consultation with stakeholders. Proceedings in examination and opposition which were stayed while the referral was pending will be gradually resumed.


Next they will need to toss out all software patents (or "simulation" patents) in defiance of the Munich bully António Campinos, who in violation of the EPC pressures Haar judges on this matter (people at the EPO never forgot about Benoît Battistelli bullying judges).

Rose Hughes (AstraZeneca) comments on today's decision in Litigation Kat, a blog of patent maximalists:

The Enlarged Board of Appeal (EBA) today issued their opinion in the controversial referral G3/19 (Pepper). The full text of the opinion can be read here. Contrary to what many predicted, the EBA not only found the referral admissible, but also changed their previous interpretation of Article 53(c) EPC to being that plants and animal products produced by essentially biological processes are not patentable.

G3/19 relates to a referral to the EBA by the President following the Board of Appeal decision in T 1063/18 (Pepper). In T 1063/18 (Pepper) the Board of Appeal found that Rule 28(2) EPC (amended by the Administrative Council (AC)) was in conflict with the prior interpretation of Article 53(c) EPC by the EBA in G 2/12 and G 2/13 (Broccoli/Tomato). The Board of Appeal in T 1063/18 (Pepper) thus found that the AC Rule amendment was void. The Board of Appeal also did not feel it necessary to refer the issue to the EBA, reasoning that the EBA had already decided on the question in G 2/12 (Broccoli/Tomato II). The President subsequently referred the question of the patentability of plants produced by essential biological processes to the EBA following a meeting of the AC.


The decision likely invalidates many EPO-granted patents on life and on nature. How many exactly? Hard to tell...

Some EPO examiners likely have a rough estimate; those papers pass their desks.

Let's hope that software patents are next on the 'chopping block'. It's well overdue; over decade "as such".

Recent Techrights' Posts

Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
 
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back
A Lot Less GAFAM in Scandinavia
Are they reacting to geopolitics and risks from the US?
IBM Kills Companies It Bought (Neudesic Seems Like Latest Casualty)
Why isn't even a single publisher investigating those things?
Fake "Linux" Articles
Just because some platform has "Linux" in the domain name and/or site name does not imply that it is a news/Linux site
Gemini Links 31/01/2026: "Proof Without Content" and "Technology Connections"
Links for the day
Links 31/01/2026: Microsoft "OpenAI Representatives Are Going to Critics’ Houses With Threats and Demands", Its Proprietary Chaffbot Faces More Lawsuits
Links for the day
Links 31/01/2026: "Introducing Encrypt It Already" and "Huge Cache of Epstein"
Links for the day
A Can of WORMS - Part I - Trying to Throw RMS Under the Bus at MIT and Everywhere Else
This series won't give air to online 'trolls'
Mobbing at the European Patent Office (EPO) - Part I - An Introduction
When the series ends, some time around the second or third EPO strike of this year, we'll contact the relevant authorities and plead for intervention
The Solicitors Regulation Authority (SRA) Delusion - Part I - Who Regulates This Regulator? (Only Itself!)
We won't self-censor or prematurely terminate this series
Norway Almost Trusts Russia More Than the Bill Gates (Sleeping With Young Russian Girls) Company, Microsoft
Microsoft represents crime
Riddle Us This... (Jim Zemlin and Bill Gates)
Do these people even understand the literal meaning of "safe space"?
Is "Nobel Prize for Peace" a Sick Person's 'Code Word' for Gangbanging Now? Ask Bill Gates.
Watch all the Gates apologists getting all silenced/silent
BBC Gaslights Women Sexually Exploited (Many Under Legal Age) for Its Rich Sponsor, Bill Epsteingate (Gates)
Is this a national broadcaster or a propaganda tool "For Rent"?
Microsoft 'Open' 'AI' Reportedly About to Become Bankrupt, Seeking Emergency Cash Infusion (Loans)
the money promised to Microsoft 'Open' 'AI' failed to arrive
Gemini Links 31/01/2026: Deep Ice and Slide Rules
Links for the day
Writing About Abuse
Never ever allow misogynists to get their way if you strive to live in a decent society
MIT DEDP MicroMasters online learner's blog post about cover-up linked to resignation of Swiss financial regulator
Reprinted with permission from Daniel Pocock
Salary Erosion Procedure (SAP) as the Primary Reason for EPO Strikes
They focus on financials, as the corruption aspects are un-sayable or unspeakable, except in private
IBM Bluewashing: Feels Like IBM is Scuttling Neudesic (and Some of Red Hat)
We recently saw some Red Hat staff joining a Microsoft proxy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 30, 2026
IRC logs for Friday, January 30, 2026
Microsoft Stock Collapsing Due to the Slop Bubble and Microsoft is Hiding Budget 'Black Holes'
Microsoft does not perform like it tells "the media" and "the market"