Bonum Certa Men Certa

The Quality of European Patents Likely Declined Even Further in 2018

The EPO saw change of President, but patent examination continues to exacerbate in Europe (and it's not examiners' fault)

Reference (Wikipedia): Human capital flight



Summary: Bad leadership and loss of talent are dooming the European patent system, where the sole goal right now seems to be granting as many patents as possible, irrespective of underlying rules and economic analyses

THE American patent system (especially the courts) seems to have improved in the sense that it becomes a lot stricter; patents on software, for example, are harder to get/enforce in the US, but the system in Europe is all backwards. The European Patent Office (EPO) changed a lot -- obviously for the worse -- after 8 years of Battistelli; we aren't even talking about all the abuses and corruption but about purely technical things. Examiners and stakeholders both complain -- something that has not happened at any moment in history. The EPO makes the US Patent and Trademark Office (USPTO) look like a model organisation.



"The EPO makes the US Patent and Trademark Office (USPTO) look like a model organisation."The year is about to end and we want to minimise writing while we migrate to another datacentre (data synchronisation being of concern); but before Christmas kicks in (marking about a month since SUEPO last said anything) let's quickly look at what the patent trolls' lobby wrote some days ago. Adam Houldsworth, promoter of patents on life, spoke about the EPO's opening to patents on life again:

EPO announcement signals prohibited plant patents may be back on the cards – The EPO’s Technical Board of Appeal stated that a recently adopted rule of not granting rights for plants produced exclusively by an essentially biological process contradicts the European Patent Convention, suggesting that the office will now begin to grant patents for such inventions again. Following years of uncertainty about the patentability of the products of essentially biological processes under Article 53(b) of the EPC, the EPO Administrative Council provided clarification in 2017 by amending the Implementing Regulations to include Rule 28(2): “Under Article 53(b) European patents shall not be granted in respect of plants or animals exclusively obtained by means of an essentially biological process.” However, in early December the Technical Board of Appeal issued a notice saying that: “At the oral proceedings, which took place on 5 December 2018, Technical Board of Appeal 3304, in an enlarged composition consisting of three technically and two legally qualified members, held that Rule 28(2) EPC (see OJ 2017, A56) is in conflict with Article 53(b) EPC as interpreted by the Enlarged Board of Appeal in decisions G 2/12 and G 2/13. The Board referred to Article 164(2) EPC, according to which the provisions of the Convention prevail in case of conflict with the Implementing Regulations, and decided to set the decision under appeal aside and to remit the case to the examining division for further prosecution.”


Cooley LLP's Colm Murphy and Steve Cuss [1, 2] and HGF Ltd's Ellie Purnell also wrote about it some days ago. The latter was titled "EPO Technical Board Of Appeal Considers Plants Produced By Essentially Biological Process Are In Fact Patentable," but it's likely far from over. The management of the EPO is acting in violation of directives and the EPC, i.e. both the authorities and its founding 'constitution'. There's likely parliamentary (or public interests' groups) opposition on the way, but it's too near to Christmas, so none has been waged yet. Wolters Kluwer has meanwhile announced this new (2018) edition of "Visser's Annotated European Patent Convention" [1, 2, 3]. Those are paid press releases (or copies thereof). Does the EPC even matter anymore? It certainly isn't being respected.

As always, what worries us most is software patenting in Europe; seeing that the EPO is willing to even grant patents on life/nature is a very bad sign. Consider this new article (Dentons' Sara Massalongo and Giangiacomo Olivi) that says "Artificial intelligence mainly consists of software—that is why it is also referred to as “super software”—which is typically protected by copyright."

So stop right there. Stop promoting "AI" patents or calling it "IP" (even in the headline). Here's the part about the EPO:

Programs for computers and mathematical methods as such are excluded from patentability; however, it is possible to patent the so-called “computer-implemented inventions” (CII), i.e. the inventions that have features realized wholly or in part by means of a computer program and which provide a technical effect.

Therefore core-AI, e.g. the algorithm as such, is not patentable, whereas only AI-related inventions which have a technical character are eligible for patent protection.

The European Patent Office has recently issued guidelines on the patentability of AI-related inventions, moving from the discussions carried out during the EPO conference on “Patenting Artificial Intelligence” held on May 30, 2018.


The EPO just ignores the EPC. It is violating basic rules in order to fake 'growth' and this inspires some others. DANIEL Legal & IP Strategy's Gustavo Sartori Guimarães and Rana Gosain, for example, have just published this article about Brazil and it mentions EPO programmes like PACE, Early Certainty, PPH and other accelerators. They may be missing the point that speed must never be the goal of patent offices but accuracy or validity only. "Despite a reputation for being slow to grant patents, Brazil’s IP office has introduced a number of programmes to expedite examination," they said. Even the EPO's applicants have complained about too fast a process, seeing this was sometimes done hastily, sloppily, and shoddily. Speeding up the process and then conflating speed with "quality" is a hallmark of the EPO's deception. The price for this will be paid over the years (the long run) as the certainty associated with European Patents is diminishing, defeating the purpose of examination.

Recent Techrights' Posts

Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
 
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day
Links 07/08/2025: US Punishes India Instead of Russia, Attacks Law Firms to Prevent Scrutiny
Links for the day
Read Us in Geminispace as Well
it's definitely a lot simpler than using a Web browser
Once a Site About BSD and GNU/Linux, and After Months of Silence, LinuxBSDos.com Comes Back Only as a Slopfarm
very frustrating
Links 07/08/2025: Hardware Wars, Mass Recall of Colgate Total Clean Mint, More Microsoft Holes Found
Links for the day
Gemini Links 07/08/2025: "Right To Manage" and LoRa Analysis
Links for the day
For the First Time in a Month OSI's "OpenSource.org" Blogs and It's Basically a Microsoft Blog Post (Microsoft Controls OSI)
For the first time in a month OSI writes something and it is Microsoft propaganda composed by a Microsoft-salaried operative
Microsoft, Already Borrowing 3 Billion Dollars a Month, is Trying to Cause Many People to Resign
MSN (i.e. Microsoft) and others openly admit it
GAFAM 'Says' is Front Page "News"
The point of journalism is to check and assess facts, not parrot what people and companies merely claim
Links 07/08/2025: Apple Makes False Promises, More Trouble for Microsoft
Links for the day
OSS Didn't Always Mean Open Source Software
"oligarchs all the way down"
The Register MS Does More Microsoft Sez or GitHub Sez (Says) Pieces
60 minutes ago
They Want Activists to Just Barely Walk and Eat, Not Do Activism Anymore
It's sort of like the ending of '1984'
Quit Perpetuating the Narrative of Gemini Protocol 'Dying' (It's False)
The "whisper campaign" against Gemini Protocol
Criticising Social Control Media in Social Control Media
Many people are quitting Social Control Media (fewer of them announce this in public)
Non-Free JavaScript Programs in Banks Aren't Even the Biggest Problem
Technology was supposed to make life easier; in practice, however, for most of us the opposite effect can be observed
Slopfarms Are Typically Fake News
Slopfarms typically relay falsehoods
Gemini Links 06/08/2025: Replacing a Pocket Watch and Buying in Bulk
Links for the day
IBM is Obliterating Fedora
"Fedora releases were shipping with an increasing number of bugs on launch day even while I was using it for a several year stretch."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 06, 2025
IRC logs for Wednesday, August 06, 2025