Bonum Certa Men Certa

EPO 'Results' Are, As Usual, Not Measured Correctly

EPO treating itself like a for-profit corporation that manufactures and delivers goods/physical items

EPO fragile parcel



Summary: The supranational monopoly, a monopoly-granting authority, is being used by António Campinos to grant an insane amount of monopolies whose merit is dubious and whose impact on Europe will be a net negative

LONGTIME READERS KNOW THAT TECHRIGHTS is not against patents but against patent maximalism (where patents have become like a religion, albeit motivated by interest in legal fees rather than scientific advancement). If patents are a case of "the more, the merrier" (they're not), why not assign computer algorithms to generate billions of patents every hour, examine these by the billions per hour, and then put these online somewhere? Wouldn't that take us to other galaxies? Or improve people's lives?

The number of patent applications declined at the U.S. Patent and Trademark Office (USPTO) last year, the first year of Director Iancu, who is nowadays trying to signal that the Office will become a lot more lenient because quality of patents or merit of a monopoly is "not his department". But this post isn't about the US and we'd rather not focus on it. Let's focus on Europe.

"If patents are a case of "the more, the merrier" (they're not), why not assign computer algorithms to generate billions of patents every hour, examine these by the billions per hour, and then put these online somewhere?"EPO 'Results' (they use this term) are akin to financial results of corporations. They fail to actually measure something meaningful. We wrote many rebuttals (literally dozens) in 2017 and 2018 (about 2016 and 2017 'performance', respectively). In past years we responded to or rebutted many press articles, but it can be an exercise in futility. They're not really trying to report facts but to repeat what the PR department of the European Patent Office (EPO) tells them to print. Some media organisations had reported the results before the EPO announced these, so there was clearly a degree of prior coordination (if not "collusion"). That's also true this year (earlier this week), as we noted two days ago. The EPO has been granting bogus software patents, dubbing these "AI" etc. in order to overcome the fact they're against the EPC. Lots of fake patents have in general been granted, not just software patents. Seeing dozens of shallow, fact-free 'articles' about EPO 'Results', we're hardly surprised. See the EPO's Belgium slant from yesterday (as usual, cherry-picking countries to highlight only favourable figures) and this misleading propaganda (“UK pharma sector continues to grow” is the headline). The EPO has lowered the patenting bar, this does not mean that the sector is growing (never mind how awful a measure of growth patents are).

IP Watch and IAM also participated in relaying the EPO's texts (even figures!) and IAM has just published this advice for software patents in Europe, courtesy of Carpmaels & Ransford LLP again. The EPO has made it easier to pursue software patents, more so under Campinos, with buzzwords like "AI" that nowadays just refer to "algorithm" or "computer" (nothing more sophisticated than an if-else statement). To quote:

As the law develops, the EPO updates its Guidelines for Examination in order to help patent applicants decide whether their inventions are likely to be considered patentable. Recently, the EPO has added a specific section to the guidelines on AI.

In addition, the guidelines now include clarification on how inventions directed towards graphical user interfaces are assessed. In summary, if a graphical user interface credibly assists the user in performing a technical task, then the invention is more likely to be patentable. However, if the invention merely provides an improvement from an aesthetic point of view, the EPO will take a negative stance.


That's just ridiculous! But given what insiders are saying, this has gone on for a while.

"The EPO's adoption of patent maximalism is going to cost Europe billions in damages; it may, as a side effect, also undermine the very existence of the Office."We'll continue to observe press coverage. We're also seeing some press releases about patent grants, e.g. to HyperSolar [1, 2] and to Checkpoint Therapeutics. Earlier this week the former said:

HyperSolar, Inc. (OTCQB: HYSR), the developer of a breakthrough technology to produce renewable hydrogen, using sunlight and any source of water, today announced that it has received the European Patent Office (EPO) decision to grant the patent entitled “Multi-junction artificial photosynthetic cell with enhanced photovoltages”.


The latter said:

European Patent No. 3035936 specifically covers the compound CK-101 and a broad range of related compounds, salts and pharmaceutical compositions, including various dosage forms of such pharmaceutical compositions. It also covers certain uses of such compounds or salts in treating cancer or a disorder mediated by EGFR or NSCLC, either alone or in combination with an additional anti-cancer and/or cytotoxic agent.


Unlike software, this isn't really my area/domain, so I can't reliably comment on novelty. Having said that, one major concern to have is that legitimate patents get mixed with a lot of fake ones and the reputation of European Patents is, in general, eroding. The same goes for presumption of validity.

The EPO's adoption of patent maximalism is going to cost Europe billions in damages; it may, as a side effect, also undermine the very existence of the Office.

Recent Techrights' Posts

SUEPO Central Made a Strike (or Striking) Success
Europe has more than enough qualified patent officials
 
Companies That Have Nothing Except Buzzwords and Promises Will Perish
Dishonest media will perish along with the companies it is covering up for
The Solicitors Regulation Authority (SRA) to be Grilled in Two Weeks' Time by the British Government for "Recent Regulatory Failures"
we escalated to our politicians
GNU/Linux Will Thrive as Long as It's Modular, Not Monolithic
To IBM, it's all about money. Nothing else matters.
EPO "Cocaine Communication Manager" - Part X - People Are Leaving
"I was happy to be at the EPO in the beginning, but since I realized it's all a big mafia"
IBM's 33 Years as a "Financial Engineering" (Accounting Tricks) Company
In relation to Red Hat, this "financial engineering" involves culling many workers and trying to replace them with slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 30, 2026
IRC logs for Monday, March 30, 2026
Links 31/03/2026: Rising Costs, Cyberattacks, Novo Patent Expiry
Links for the day
Gemini Links 31/03/2026: American Spring, Distributed Systems Simulator, and Calculus for Electronics
Links for the day
IBM Layoffs and Their Expected Scope in April 2026
Such layoffs impact not only IBM "proper"
SLAPP Censorship - Part 28 Out of 200: Facing Consequences for Impersonation and Worse
It's not "funny". It is moreover libellous.
Links 30/03/2026: South Korea Next to Curb Social Control Media Addiction and Manipulation, Notorious Patents in the US Challenged
Links for the day
Gemini Links 30/03/2026: Going Back to Wrist Watches and Why LLMs in Programming Suck
Links for the day
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026