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

In Reporting, Timing is Everything
If you keep calling people "paedophiles" when you yourself are connected to paedophiles (or are a paedophile), you're attracting a lot of unwanted attention to yourself
Links 25/10/2026: TMZ Revisits Epstein's Connections to Bill Epsteingate, "Italy Hit by New Cost of Living Protests"
Links for the day
 
Intercontinental Brigading - Part XV - Annualised Consequences for Opposing Microsoft Back Doors in Linux Since 2012
a roundup of what we got from GGG
Links 26/10/2026: China’s Communist Party Plenum and Aleksandar Vucic Concedes Defeat
Links for the day
Links 25/10/2026: Microsoft Layoffs and Cuts, Luiz Inácio Lula da Silva Wins Election
Links for the day
Gemini Links 26/10/2026: Brazilian Politics and Leaving Bear Blog
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 25, 2026
IRC logs for Sunday, October 25, 2026
Another Form of Microsoft Silent Layoffs: Workers That 'Expire'
When the media becomes a lapdog, not a watchdog, false narratives gain traction
Carte Blanche for GPL Violations 4 Days Ago (by Torvalds)
Slop disclosure is no longer required for the Linux Kernel
There Are No Women That Are Kernel Developers Sent by Corporations Which Claim to Champion Diversity
As noted the other day
Sites with "Linux" in Their Name Cannot Slop and Retain Readers
if they write about "linux "(or "Linux") using LLMs they will be caught, then shunned
At Microsoft, the Silent Layoffs Impact Executives Also
Microsoft hid the real story of Helen Chiang
Linus Torvalds Defected to Enshittification
Linus Torvalds is betraying a generation of high(er) standards
Microsoft’s Spin About Mass Layoffs and Shutdowns: They "Never Should Have Existed"
Microsoft-sponsored spin
It's Slop
Maybe we'll exclude It's Slop from our curation. It's a Linux Foundation outpost of sorts, an apologist of sloppy code and plagiarism.
Intercontinental Brigading - Part XIV - Six Years of Learning Irish, But the Real Issue Was Microsoft-controlled 'Secure' (Restricted) Boot
Had I not opposed back doors in Linux, not of this would come about
Gemini Links 25/10/2026: Moana (2026) and OpenBSD Updates
Links for the day
The Netherlands Fast to Adopt GNU/Linux, "Market Share" Rises to Two-Digit Value (on Desktops/Laptops)
It peaked at around 20% yesterday
DST Still Needs to Get Abolished
Get rid of DST, efficiency will improve and systems will become more reliable
PHP2Shell as Paid-for FUD Campaign (Intended to Help Sell Slop and Fake "Market Value" of Slop Pushers)
PHP2Shell considered overhyped [...] Remember all the paid-for hype regarding Mythos? What happened to all that?
Microsoft Sort of Tried to Sell XBox Piecewise (Offloading Microsoft)
XBox is in a morbid state
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 24, 2026
IRC logs for Saturday, October 24, 2026
Gemini Links 24/10/2026: Arch Linux Journey and Amin Bandali's Priorities
Links for the day
Bluewashing as a Form of Silent Layoffs
IBM will continue to shed off loads of workers while its debt climbs
Turning 20 in 2 Weeks and Upcoming Network Maintenance
That ought not interrupt our anniversary
Microsoft Shutdowns Accelerating, More Shutdowns Revealed (Not Connected to Gaming)
Silent layoffs disguised as "voluntary" "exits"
Links 24/10/2026: Microsoft Blackmail and Lingering Unrest in France:
Links for the day
Gemini Links 24/10/2026: From Bendigo to Kerang, Enshittification of Radio and Music in the UK
Links for the day
Red Hat Sinks With the Blue (IBM) Ship
As IBM's debt continues to soar so do the silent layoffs
Linux is Not Controlled by Linus (Torvalds)
Torvalds has become "90% marketing hype"
The "No Pain No Gain" Expectations in Publishing
Sometimes truth hurts; but that does not mean it mustn't be told
Intercontinental Brigading - Part XIII - Censorship by All Means Available in a Continent So Far Away, as 'Secure' (Restricted, Restriction by Microsoft) Boot Has a Crisis of Legitimacy
it's about America controlling sites and computers everywhere
Links 24/10/2026: Oligarchs Already Buy US Elections, GAFAM Front Group "EFF" Speaks of "Vulnerability Apocalypse"
Links for the day
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026