Bonum Certa Men Certa

Declining Patent Quality and Lies About Software Patents at the EPO

Decreasing credibility, improved PR

António Campinos FTI



Summary: The quality of patents -- and the legal certainty associated with them -- has collapsed even further under the new management; even insiders can recognise the difference, but they just can't speak about it publicly (for fear of retaliation)

WE REGRET to say and to see that nothing has changed for the better under António Campinos, except the whitewashing. As insiders can attest/say anonymously -- as some do -- things have gotten even worse in some aspects.



"The relationship may nowadays seem symbiotic because the EPO is also publicly supporting patent trolls."Yesterday we saw the European Patent Office (EPO) once again associating with patent extremists who attack courts and attack judges, having already attacked a technical Director of the U.S. Patent and Trademark Office (USPTO) until she was replaced by Iancu, who serves law firms and patent trolls, not science and technology. The relationship may nowadays seem symbiotic because the EPO is also publicly supporting patent trolls. This wasn't always the case. Far from it...

Not too long ago the EPO set up a conference that invited patent trolls to lead a discussion (as lead panelists, not just conferees), promoting illegal software patents in Europe under the guise of "blockchain". The EPO brought that up again yesterday when it asked: "How does CNIPA deal with #blockchain patents?"

"Well, the EPO even granted patents on chewing gums."The EPO also retweeted this nonsense which said: "There are 5,050 #patents related to #skiing in the @EPOorg database ... #IntellectualProperty is everywhere..."

Well, the EPO even granted patents on chewing gums. EPO insiders are joking at this; they're upset to see the rapidly-declining quality of European Patents these days. Judges too seem to be realising that there's an issue.

A new press release, pinned in Associated Press and elsewhere, speaks of a patent being revoked. To quote:

Today the European Patent Office revoked Pacific Biosciences patent EP3045542 with claims to a single molecule sequencing process wherein two strands of DNA are linked by a connecting nucleic acid. The validity of the patent had been challenged by Oxford Nanopore.

The EPO ruled that the claims to a single molecule sequencing process were unsupported in the application and that the application only supported a template-directed synthesis sequencing method. As Pacific Biosciences were unwilling to accept this change, the patent was revoked.


Life Sciences Intellectual Property Review, which promotes patents on life, soon caught up and wrote about the EPO's granting of invalid European Patents (and then taking these away):

The European Patent Office (EPO) has revoked a patent held by a US biotechnology company, Pacific Biosciences, after its UK-based rival Oxford Nanopore Technologies challenged the validity of the patent.

Oxford Nanopore announced the news in a press release today, January 23. The EPO granted Pacific Biosciences the now-invalidated patent (EU number 304552) in 2016 for “methods for nucleic acid sequencing”.


This has also just happened at the UK High Court (at great cost). As this press release [1, 2] put it, "Regen Lab had attempted to enforce its European Patent No. 2073862 against Estar Medical who, in turn, counter-claimed that the patent was invalid."

Here's more, with some context:

Regen Lab's patent was challenged by Estar Medical. This UK judgment adds to the recent German court's decision denying Regen Lab's patent infringement claim against Estar Medical, the European Patent Office preliminary opinion which found the same Regen Lab patent to be invalid on multiple grounds and the venue judgment in New York in which Regen Lab lost its case against Estar Medical.

[...]

Regen Lab had attempted to enforce its European Patent No. 2073862 against Estar Medical who, in turn, counter-claimed that the patent was invalid. The UK Court agreed with Estar Medical's position and revoked the patent. In its ruling, the UK Court stated that the Regen Lab patent "is invalid for lack of novelty and inventive step. Regen's application to amend the Patent is refused on the ground that the amended Patent would still be invalid". The court also found Regen Lab's owner and CEO, Mr. Antoine Turzi, to be "not a reliable witness". Estar Medical is pleased that the UK Court ruled in its favor, agreeing that the Regen Lab patent lacks both novelty and inventive step. Estar Medical has remained confident throughout the case of its ability to sell its leading products in the UK and elsewhere and is gratified to see that confidence affirmed by the UK Court.


It ought to be clear by now that there's a severe patent quality problem and the public pays for it; who profits? Lawyers.

Isobel Finnie (Haseltine Lake LLP) has just commented on a subject which is often discussed these days:

Second medical use claims are used before the European Patent Office (EPO) for inventions involving additional or improved treatments using already known drugs. For example, using a known drug to treat a different disease or changing the dosage regimen of a known drug to provide a better effect or to treat a different patient group. In the context of second medical use claims the EPO has made it clear that the therapeutic effect must be made plausible...


The problem, however, is that there's no potent body to enforce rules; the appeal boards, for instance, are about 10,000 cases behind and there's no recruitment, there's no pretense that this kind of backlog the EPO's management wants to bother with. Moreover, the appeal boards still lack independence.

In the meantime, as usual, more software patents are being granted; they're just disguised using fashionable buzzwords. Yesterday the National Law Review published for a law firm (as usual, as the site serves their agenda) an article from Michael T. Renaud. "As previously discussed," he wrote, "the European Patent Office (EPO) issued new guidelines for the patentability of artificial intelligence (AI) and machine learning (ML) inventions. These guidelines create a seemingly insurmountable threshold for patentability of AI and ML inventions. However, patenting AI and ML inventions within this framework is possible and even predictably likely with historical knowledge of the EPO’s examination practice coupled with creative strategies for the new patentability challenges."

"Until or unless the EPO takes patent scope and patent quality seriously (those two things are intertwined and related) it does not work for Europe but for law firms and patent trolls."These are just software patents. The EPO has just tweeted: "How does the EPO deal with the challenges of AI in patent applications? Find out here: http://bit.ly/AIpatents"

There is no such thing as "AIpatents"; those are just software patents where algorithms are spun as "AI". As usual, however, the Office keeps granting software patents in clear defiance of its own rules, the EPC, EP, courts and common sense. Why does it get called "European Patent Office" if it's there just to harm Europe? That's what I told the FFII's President after he had pointed out this new article from Rose Hughes of IP Kat, in which she promoted European software parents. Here's one example:

WO2018064591 (Generating video frames using neural networks, see full file here) has now entered the EP regional phase, i.e. it is now in the hands of the European Patent Office. DeepMind took the unusual step of entering the EP regional phase early (5 months before the January 2019 deadline). The majority of applicants wait until the deadline for entering the EP regional phase. Applicants generally request early entry when they wish to achieve a quick grant. Given that DeepMind has purportedly indicated that their patent strategy is defensive, why the hurry?


"EPO Examiner observed that the claimed method had the technical effect of decreasing the computational requirements to generate audio waveform," Benjamin Henrion quoted and then added: "it is a computer program dude..."

Until or unless the EPO takes patent scope and patent quality seriously (those two things are intertwined and related) it does not work for Europe but for law firms and patent trolls. It's a sad but real reckoning to some insiders -- that realisation that joining the EPO did not mean helping to advance science but to sabotage it.

Recent Techrights' Posts

Links 16/06/2026: UK to Restrict Access to Social Control Media; The FCC Wants to Eliminate Burner Phones
Links for the day
Microsoft May Already Be Shutting Down More Gaming Studios
the writings are on the wall: XBox is in disarray.
 
OECD Carries Water for Microsoft, Targets Schools and Children With Slop Agenda
Peel off a layer or two to find GAFAM
Microsoft "Xbox braces for sweeping studio closures before June 30."
Microsoft's control of the damage-limiting narrative has clearly slipped
In Africa's Largest Nation Windows Has Fallen From 100% to a Lot Less, Now All-Time Lows
Let's see what happens or will happen in Algeria in 2027
Richard Stallman's Talk Due in One Hour, Here's What People Say
To Stallman, what matters is control by users and collective control
SLAPP Censorship - Part 108 Out of 200: Moving On and Moving Up
an explanation of our rich history and commitment to courageous whistleblowers
Why We Call Him Dr. Stallman
He got at least 15 such titles
United States of America: GNU/Linux Hovering Around 5% (It Started There)
GNU/Linux is turning 43 this year (in a few months), Linux will turn 35
Microsoft Promises Made to be Broken
It's a real problem and it is not limited to XBox
IBM Down $61 in Two Weeks, The Lies About Quantum Computers Didn't Last Long
IBM is an unsafe employer, not a good place to work
You Probably Don't Want to "Go Viral" in Toxic Social Control Media
Good news sites do not strive to go "viral" but to be consistently good, irrespective of "traffic"
New 'Article' in The Register MS Has Mentioned "AI" 44 Times. The Register MS Got Paid to Publish It.
Bear this in mind when seeing "hey hi" all over the news
18-Year Anniversary of Our IRC Community
As noted some months ago, trolling and abuse in our IRC network is very rare these days
Microsoft - Like IBM - is Leaving a Legacy is Emptied/Abandoned Buildings
Microsoft's LinkedIn had many layoffs recently
Richard Stallman's (RMS) Speaking Tour in Europe Coincides With Abandonment of Microsoft Windows
The message applies to all governments
Gemini Links 16/06/2026: Nazi Law of Mental Abuse and Lewis Aburrow's 3D-Printed Slider
Links for the day
Links 16/06/2026: Windows TCO and Fedora Finding Serious 20-Year-Old Holes in Microsoft Outlook
Links for the day
European Patent Office (EPO) Series: An Advisor to the President
he had recently advanced to membership of the "inner circle" of Team Campinos.
Two Weeks Ahead of July Three Studios Microsoft Plans to Shut Down Already Named
This is what happens when companies try to establish themselves on a mountain of promises and false assumptions, kicking the can down the road until payroll becomes hard to complete
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 15, 2026
IRC logs for Monday, June 15, 2026
IBM Works for Microsoft
Hours ago in IBM.com
European Patent Office (EPO) Series: The EPO's Brussels Liaison Officer
It would appear that in January 2020, Pellegrino was induced by Campinos to jump ship from the EUIPO and take up his current position as Brussels Liaison Officer for the EPO
European Patent Office (EPO) Receiving Section (RS) and Elimination of Many Roles
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO) [...] Does the EU leadership intend to tolerate this?
Microsoft's XBox is Disintegrating, Executives Are Quitting
We're basically witnessing the slow-motion "end of XBox"
Gemini Links 15/06/2026: Slop Code Benchmarked, Wireguard on NixOS and Guix
Links for the day
Links 15/06/2026: More Own Goals for the Slop Industry, Palantir Trouble in UK
Links for the day
Apple Wants Everybody to Forget About "Vision Pro" Because It Was a Giant Flop
worthless gadgets with no obvious use case/s
The Cyber Show is Adopting 'Book Form' (or Long Form Publications)
Andy and Helen nowadays invest more time in making their site faster
Richard Stallman's Software Freedom/Digital Sovereignty Tour in Europe
As things stand at present, the vast majority of people have their interactions controlled/policed by GAFAM
Estimates of Scale of Microsoft Layoffs, Will Likely Happen "in Batches"
"Heard 10 to 15 percent eventually but idk date."
IBM Has Put Red Hat on a Poor Diet of Slop, Now Fedora and Red Hat Suffocate or Choke on It
Over the weekend we saw more people leaving the company
Estimates of Microsoft Layoffs: 3,000 Staff to be Culled Just in Gaming, How Many in Other Divisions?
Now the XBox division has its own "fall guy", but it is a woman
Straw Man Arguments Against Rust
If anything, it teaches the importance of auditing packages
Tesla Debt Rose Sharply, Sales Declined, Wall Street's Claim of Tesla "Value" is Merely a Fairytale (and Not Just Tesla)
We would gladly sell land on Mars to anyone who honestly believes a company that loses money is somehow "worth" trillions in Wall Street
Stop Calling Losses "Investment"
XBox is losing money, it is a sinkhole
For Justice We Need More Speech, Not Less Speech
When you attack something you are just giving that something a bigger platform
SLAPP Censorship - Part 107 Out of 200: Keeping Law Accessible to Everybody
We'll have stories related to this in the future
Links 15/06/2026: Slop "Beg Bounties", Wall Street Fakes 'Worth', and Arkansans Saved PBS
Links for the day
Gemini Links 15/06/2026: Dating Oaks, Simulation, and Theremin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 14, 2026
IRC logs for Sunday, June 14, 2026
Links 14/06/2026: Energy Cost and Reality Strikes at Heart of Slop Bubble, 75 Data Center Build-outs "Successfully Blocked"
Links for the day
Microsoft CEO Says XBox is Not a Sustainable Business
"Now, we have to turn this into a sustainable business," he said about XBox
MElon (MUSK, Elon) is a Trillionaire Like Penguins Are Mammals
Have media outlets told the truth?
Unlikely Heroes
One personal hero who is not alive (anymore) is Navalny
Bruce Schneier Was Probably Wrong About Slop
Right now politicians who openly speak in favour of slop are committing "political suicide"
SLAPP Censorship - Part 106 Out of 200: 100 Kilograms of Legal Papers
When one party's communications and filings weigh at about 3 KG of paper and another's... at about 100 KG of paper
Links 14/06/2026: More Google Layoffs, Wall Street Deems Companies That Lose Money "Worth" Trillions
Links for the day
Gemini Links 14/06/2026: "The Universe is a Hologram", "Matrix Brain Download", and "Happy 0th Year"
Links for the day
European Patent Office (EPO) Series: Battistelli's "Baltic Crusader"
Gilles Requena, Battistelli's erstwhile "Baltic Crusader" and the loyal servant of his successor Campinos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 13, 2026
IRC logs for Saturday, June 13, 2026