Bonum Certa Men Certa

A Retreat From Patent Quality Means a Retreat of Patent Applicants

They would not spend a fortune pursuing patents that courts would likely invalidate/reject for the same reason students would not apply for colleges and universities whose degrees aren't respected by employers

Walking feet



Summary: Walking away from patent offices that grant patents too easily (even patents that have no legal standing) is an existential threat to these offices; by tarnishing a reputation of patents which they grant patent offices can soon thereafter perish, as the EPO demonstrates (ongoing 'shadow' layoffs)

EARLIER THIS WEEK Romania Insider published "Only five out of a million Romanians own European patents," referring to European Patents (EPs) granted by the EPO. It's not so crazy to argue that EPs just aren't worth the money anymore because the EPO got corrupted by a bunch of self-serving crooks and as a result examination cannot be properly and thoroughly performed (as it ought to). There's not enough time to do the work, as insiders keep telling us, and veteran examiners are quietly being laid off. They're not even being replaced as there's a longterm hiring freeze and those with greater experience are being pushed out. This is a major scandal like nothing we've ever seen at the USPTO (the EPO actually makes the USPTO look very, very good and ethical in comparison).



Jakob Pade Frederiksen's new guest post at Managing Intellectual Property deals with "checking [of] patent text" by applicants. A poorly quality-controlled examination meant that a lot of work (such as researching prior art) had been offloaded to applicants; examination by the Office was killed by Battistelli anyway; he doesn't seem to have had an interest in anything other than speed or pace (or P.A.C.E.) because it's just 'printing' patents as fast as possible that counts as "success" based on his yardstick (so-called 'productivity'). The article in question cites the European Patent Convention (EPC) -- a fundamental document (like a Constitution) that long ago lost its relevance because the EPO stubbornly deviated and violated it ever so routinely. Battistelli treated it like toilet paper -- something which never bothered Jesper Kongstad, who actively participated in violating the EPC until his government (based on rumours we heard) effectively fired him. To quote:

Pursuant to Rule 71(3) of the European Patent Convention (EPC), towards the termination of the examination proceedings, the Examining Division of the European Patent Office (EPO) shall inform the applicant of the text in which it intends to grant the European patent. Following Rule 71(5) EPC, if the applicant subsequently pays the grant and publishing fees and files the required translations of the claims, he shall be deemed to have approved the text intended for grant.

[...]

The applicant's attempt to reinstate the missing parts of the claims did not thus succeed, despite the fact that it was the EPO's Examining Division that included an incomplete set of claims in the text intended for grant.


Examiners barely have time to deal with underlying texts; they read the texts and some are experienced/qualified enough do more and go further (it gets worse over time due to brain drain).

"The European Patent Organization (EPO) has issued an “Intention to Grant” for Europharma’s SuperSmolt FeedOnly," The Fish Site said yesterday. "EPO has reached its conclusion after an extremely thorough assessment process," but we doubt that! Based on what insiders have told us and based on leaked material, there's simply no time for an "extremely thorough assessment process" because one risks losing one's job for doing the job properly (i.e. proper examination, which can take time and effort). From the article:

The European Patent Organization (EPO) has issued an “Intention to Grant” for Europharma’s SuperSmolt FeedOnly, which offers feed-based smoltification of salmon, eliminating the need for the growth-inhibiting winter photo period associated with traditional hatchery smoltification.

[...]

“The decision will not change much in terms of our daily work and focus but we are pleased to have achieved the recognition from the EPO for our innovation. We have worked on smoltification over many years and put significant resources into developing SuperSmolt FeedOnly. The EPO has reached its conclusion after an extremely thorough assessment process and its decision is an acknowledgment of the innovative qualities of this product.


They would be deeply disappointed if they took someone to court only to discover that this patent is void and thus worthless (e.g. due to prior art or the fact that they arguably patent nature -- probably an impermissible thing in Europe).

Beata Khaidurova (FB Rice, i.e. the patent microcosm in Australia) is meanwhile whining and crying because it has gotten harder to get patents on life in Australia. Managing Intellectual Property gave her the platform to say that the "Change to Patent Examiners Manual creates uncertainty" (as readers may recall, Australia recently narrowed patent scope):

It is a long-standing principle of Australian patent law that determining whether or not a patent application is directed towards patentable subject matter should be done separately to determining issues of novelty and inventive step. However, amendments to the Australian Patent Examiners Manual late last year introduced a new practice, encouraging consideration of prior art when assessing subject matter eligibility, which in Australia includes the requirement that the invention be a manner of manufacture. A year on, it seems that this supposed clarification to the Manual has only resulted in confusion and uncertainty about what role prior art plays in determining the existence of patentable subject matter.

[...]

While the recommendation remains in place, it seems that the issue of patentable subject matter for software-related inventions in Australia has become more problematic than ever for patent applicants. There is a glimmer of hope, however, in the form of a number of appeals currently afoot in the Australian courts, which seek to overturn some recent Patent Office decisions regarding patentable subject matter, and hopefully steer the law in a more reasonable direction. With many members of the Australian patent attorney profession being in agreement as to the lack of legal support for the Manual's recommendation, the outcomes of the appeals are eagerly awaited.


What Khaidurova calls a "reasonable direction" is actually lawyers' direction. They want more and more patents; it is, after all, their bread and butter. They'd probably want bread and butter patented as well! Patent Docs, another site of patent maximalists, has meanwhile published another "Life Sciences Court Report" (the term "Life Sciences" is misleading for reasons we've named before). Bryan Helwig reiterated: "We will periodically report on recently filed biotech and pharma litigation."

They typically just promote patents on life and nature -- something which Australia grapples with. How can life and nature be considered "inventions"?

Recent Techrights' Posts

Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
 
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026
Don the Con Meets the Conman From IBM, Shares of IBM Continue Sliding Some More
The "Quantum" hype did not last long [...] PIPs are the new layoffs
Retaliatory Whistleblowing Expected at Microsoft During or After the Mass Layoffs
Retaliatory behaviour by Microsoft will backfire
Gemini Links 24/06/2026: Heatwave, Steam Next Fest, and Year of Buying Guitar Pedals
Links for the day
Links 24/06/2026: China Tops "TOP500", Impact of Microsoft’s Massive Layoffs Extends Further, Internet Society's Community Snapshot
Links for the day
While Thousands at IBM Lose Their Jobs ("Silent Layoffs") IBM's CEO Goes Begging the Dictator for Bailouts, Based on Deliberate Lies About "Quantum"
Many who claim to be retiring are only in their 40s and 50s. They're too proud to publicly admit what IBM did to them.
European Patent Office (EPO) Series: London Calling...
EPO Vice-President in charge of the "Patent Granting Process" is likely to have been a pay-off for the support which the UK gave to Campinos in 2017
Faking Productivity With Slop and Wasting Money on Faking 'Productivity': A Microsoft Story
If the quality of everything at Microsoft goes down
IBM Sends Workers 'Packing', Sometimes With the "Low Performer" Label That Imperils Their Future
To many people out there, IBM correlates with deceit
Links 24/06/2026: Four-Day Workweeks, GM Cut 1,000 Workers at Its EV Plant, 21,000+ Oracle Layoffs
Links for the day
A Step in the Right Direction (EU) in the Fight Against LLM Slop From GAFAM (US)
We've already mentioned this in Daily Links, but let's discuss this a little further
SLAPP Censorship - Part 117 Out of 200: Libel Tourism or Defamation Forum-Shopping in the United Kingdom Condemned by the European Union (EU)
Last week we reminded readers that the EU had criticised UK defamation law
Demonstration Next Week at the European Patent Office (EPO), Administrative Council Seen as Complicit
Corruption in Europe hurts all of us
IBM is Now Hinged on False Accounting and False Promises
This is the legacy of the current CEO
"PARTNER CONTENT" or 'Content Farms' That Promote Slop and Misinformation (The Register MS)
The Register MS represents a big part of the problem we all face
Wikipedia - Like Some Free Software Projects Infiltrated and Bribed - Bans Its Own Founder
Over the years we've named (not shamed) some projects and organisations that got corrupted by money and ended up banning their own founders
Turn Off the Slop, It's Wasting Energy and Destroying the Planet (the Only Planet We Have)
Right now we see lots of headlines about energy shortages and drained-up reserves
Lessons From Almost 30 Years of Site-Building Activities
We still strive to become faster and lighter
Do Not Outsource (the Seductive Mirage)
Abandoning so-called 'conventional wisdom'
Media Complicit in IBM Fraud Meant to Prop Up the Share Price Based on Lies, Fabrications
Even IBM insiders are fuming at this
The “Aktion T4” at the European Patent Office (EPO) Saves Money for the President's Own Purse
Call for parents of children with special needs
In Some Countries, Windows Has Lost Its Monopoly
Windows fell to an all-time low globally this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 23, 2026
IRC logs for Tuesday, June 23, 2026
Gemini Links 24/06/2026: Motivation, PostScript Printer, and Why Hyperscalers and the Smolnet are Compatible
Links for the day