Bonum Certa Men Certa

EPO Defying Patent Restrictions/Limits From the European Parliament, the European Commission and the European Countries It Claims to Represent

The European Patent Convention (EPC) does not matter to the European Patent Office (EPO) anymore

European Parliament



Summary: The departure from the EPC (and from the rule of law) at the EPO still means that patents are being granted on things that, as per the constitutions, should never have been patentable

THERE is that boring old saying/canard, "the revolution won't be televised..." (or similar; along those lines)



At the moment, so-called 'IP' blogs (patents are not property) aren't saying much, if anything, about the EPO. IP Kat continues to intentionally overlook the rapidly-declining quality or lowered patentability bar at the EPO. Instead, in writing about the EPO/EPC a couple of days ago, it said this: "In order to satisfy the sufficiency requirement of the European Patent Convention (EPC), it is necessary for the applicant of a European patent application directed to a medical use to show that the claimed therapeutic effect is credible. However, when an patent application is filed, human clinical trial data are often not available. The claimed effect must therefore be demonstrated by data from in vitro experiments and animal models that are representative of the human disease. This practice reflects that of academic science, in which potential treatments are first tested and published using animal models before they are translated to the clinic. However, an applicant can face an uphill battle in convincing the European Patent Office (EPO) examiner that animal model data credibly demonstrate the claimed effect."

"Many patents are nowadays being painted as "medical" or "clinical" even though they're not..."There were similar articles (similar to the above) lately and usually the comments are a lot more informative. Many patents are nowadays being painted as "medical" or "clinical" even though they're not; it's that same old strategy of pretending denial of a patent would "cost lives..."

The EPO meanwhile angers everyone by granting patent monopolies on fruit and vegetables, plants and seeds, or basically nature itself. A few days ago an article was published to bemoan this; it turns out that the backlash foreseen before Christmas is already materialising, however slowly:

In June 2017, the European Patent Office (EPO) decided that no more patents would be granted on vegetables and fruit that originate from classical breeding techniques. However, the Technical Chamber of Appeal of the EPO concluded that this prohibition is in conflict with the European Patent Convention. According to current regulations, patents may still be granted on plant properties.

This is a huge setback, according to Dutch MEP Jan Huitema, since the European Parliament, the European Commission and the European countries have spoken out against this in order to prevent fruits and vegetables from falling into the hands of a small number of large companies and stifling innovation.


We've long opposed patents on such things; even many EPO insiders recognise the dangers of such patents. Then there's the threat of patents on algorithms or on mathematics -- something that wasn't envisioned in the days of the EPO's inception. How far down can the patent bar go?

"Courts' rejection of such patents will, in the long run, devalue European Patents and harm the reputation of this whole system.""You can watch the recordings of the EPO's #PatentingBlockchain conference," the EPO wrote at the end of the week, citing an event that advocated software patents in Europe; invited to the panel/keynotes were literal patent trolls, notably the patent troll most notorious in this domain. This seems to be happening a lot under António Campinos, whose management team converges with trolls' front groups.

Remember that patents on computer vision (my research area) are also software patents and the EPO promoted these as recently as days ago, citing an "EPO study"...

It's worrying to see the EPO getting away with this intentional and reckless degradation of patent quality. Courts' rejection of such patents will, in the long run, devalue European Patents and harm the reputation of this whole system. This is exactly what happened to patents granted by the U.S. Patent and Trademark Office (USPTO).

Recent Techrights' Posts

Things Will Only Get Better (as We Go Backwards)
It only gets better. If you go back in time.
UK High Court Shows SRA is Totally Useless in Curbing SLAPPs, This Has Impact on Our Reporting on the SRA Next Week
We'll carry on our coverage and soon finish the current series that so we can get on with more time-sensitive ones
SLAPP Censorship - Part 192 Out of 200: The Hired Guns of Garrett and Graveley Sent Us USB Sticks (One to Me, One to My Wife) Showing Lozza Talking to Garrett About Censoring/Deplatforming Techrights the Same Time Graveley Was Copy-Pasting Garrett's Lawsuit
Next year we plan to bring this matter to the Court of Appeal
Linux Kernel Becoming a Slopfest - Part 6 - Seeing Who Contaminates Linux With Slop (And Also Admits It)
Today we begin looking at some culprits
 
SLAPP Censorship - Part 193 Out of 200: Breaks GNU and Linux, Tries to Silence Critics, Loses All Money, Looks for Microsoft Allies and Sponsors
The latest emotional knee-jerk reactions serve to confirm what we have long said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 21, 2026
IRC logs for Monday, September 21, 2026
Links 21/09/2026: "Lies of the Hey Hi (AI) Industry" and Solar Power Is Getting Cheap
Links for the day
Gemini Links 21/09/2026: Equinox and Beginner's Guide to Gemini
Links for the day
Links 21/09/2026: "Back On My Bicycle" and American Regime's War on Media Escalates Further
Links for the day
2026: The Year Galleries Realised the Need to Flag or Cull Slop Images
Society needs to shun slopfarms, people who use LLM slop (for anything at all), companies that use bots (which they dub "agents"), and so-called 'coders' who volley garbage into project and software hubs
Software Freedom Day Celebrated in 5 or 6 Continent
Software Freedom Day (SFD) 2026 was big this year
SLAPP Censorship - Part 191 Out of 200: Garrett, Graveley and Lozza
They talk to and coordinate with one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 20, 2026
IRC logs for Sunday, September 20, 2026
Gemini Links 21/09/2026: Digital Hoarder, GTD, Minimalism vs Digital Minimalism, Rejection of LLMs
Links for the day
Links 20/09/2026: "Google Now Asking For Users’ Video Selfies" and Energy Prices Set to Rise
Links for the day
Enjoy the Giving/Sharing, Not Taking
We've long supported what we believed in, even with the little money we had
Links 20/09/2026: Amazon Layoffs, Flock 'Buyouts' (Silent Layoffs)
Links for the day
USCIS and Microsoft Rumours: Curbs on Lowering Salaries by Importing Cheaper Replacements?
It seems like Microsoft's mass layoffs and efforts to cheapen the workforce face obstacles
Gemini Links 20/09/2026: "Music While Working" and Radio Silence
Links for the day
Clownflare Data From Canada
We've like to think many people are attempting to install GNU/Linux over the weekend
SLAPP Censorship - Part 190 Out of 200: Plagiarism, Back Doors, and Sabotage of Linux
This can go on for a decade or longer
Linux Kernel Becoming a Slopfest - Part 5 - Kernel Dependency on Plagiarism Giant Microsoft is a Death Blow to Any Kernel
Microsoft is bringing copyright-infringing slop into Linux
GNU/Linux Has Grown a Lot Lately
Based on Clownflare
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 19, 2026
IRC logs for Saturday, September 19, 2026