Bonum Certa Men Certa

Europe's EPO Has Become France’s INPI

No examination necessary (almost)

EPO incest



Summary: The patent office of Europe disregards laws pertaining to patent scope; the sole goal is to grant as many patents as possible

PUBLISHED BY Watchtroll yesterday was an article entitled "Latest CAFC [Federal Circuit] Ruling in Cleveland Clinic Case Confirms That USPTO’s 101 [35 U.S.C. €§ 101, based on SCOTUS] Guidance Holds Little Weight" and it's about that old stunt from the Director of the U.S. Patent and Trademark Office (USPTO), who got 'dissed' by judges for his efforts to work around them. There's an analogy here -- one that ought to be made and emphasised. The European Patent Office (EPO) has long ignored if not attacked judges. Donald Trump appointed an ‘American Battistelli’ and it leads to friction between the Office and the courts. What matters more? Profits or the law? Can profit be made at the expense of the law? Put another way, can the law be violated in order to increase profits (for the Office)?



"Donald Trump appointed an ‘American Battistelli’ and it leads to friction between the Office and the courts."Antonella Gentile, over at IP Kat, cited Watchtroll the same day when dealing with software patents in Europe (disguised as "AI" under the António Campinos administration). To quote: "The IPWatchdog [Watchtroll] analyses the European Patent Office's new guidance for examination for AI and ML patent applications (issued in November 2018) and the U.S. Patent and Trademark Office's revised guidance directed to what constitutes patent eligible subject matter under 35 U.S.C. €§101 (issued in January 2019) and considers how these guidance will shape the examination of Artificial Intelligence Inventions."

IP Kat, in an earlier post, also mentioned the violation of the EPC for the sake of patent maximalists:

In Purity can be unconventional, a new position for the EPO boards of appeal (T 1085/13), GuestKat Rose Hughes takes a look at a recent decision by the EPO Technical Boards of Appeal which departs from previous boards on how the novelty of the increased purity of a known compound is to be assessed. Rose also discusses the technical board of appeal’s decision following the decision T-1063/18 and concerning the power of the EPO’s Administrative Council to amend the EPC using the Rules. Finally, Rose reports on a new question of double-patenting being referred to the Enlarged Board of Appeal (EBA).


We are saddened to see what the EPO as a whole (as in the Organisation) has turned into. It became a sad comedy (or even satire) of duplicate patents and patents on humans and animals. See this press release which has just resurfaced in the news. Patents on "Human and Animals Cells". Similarly, in the United States, take note of this shameless self-promotion from yesterday. McDonnell Boehnen Hulbert & Berghoff LLP (the people behind Patent Docs) are rabid promoters of patents on life and nature (because they profit from pillage of what’s natural!), so how can this event be regarded as balanced? It’s propaganda/lobbying.

"The situation in INPI really mirrors the EPO's mentality, where patents now boil down to a numbers "game" (or "competition") irrespective of underlying quality/validity."In an effort to bypass the courts (external to the EPO) Team Battistelli hoped to prop up the UPC. It failed. 4 years ago in the EPO's PR stunts (warning: epo.org link) of Benoît Battistelli they said: "It is hoped that the first unitary patent could be seen as early as the second half of 2016."

It never happened. Never will (probably). What Battistelli hoped for is a sort of "leap" above justice. Patents would be granted without proper scrutiny and then asserted without a proper legal process. Good for plaintiffs, surely, but not for anybody else. Think of INPI in France. There's no patent examination there; everything that applicants file gets registered as patents (as long as basic standards are adhered to).

A few days ago we spotted this puff piece about Valeo. It says that "Valeo remains France’s leading patent filer for third year in a row," but with no patent examination this is such a meaningless number. To quote:

For the third year running, Valeo has taken first place in France’s INPI industrial property institute rankings, with 1,355 patents published in 2018, versus 1,110 in 2017, consolidating its position as the most innovative company in France.


So it is "most innovative company in France" for filing a bunch of papers nobody even scrutinised? Really?

The situation in INPI really mirrors the EPO's mentality, where patents now boil down to a numbers "game" (or "competition") irrespective of underlying quality/validity.

Recent Techrights' Posts

How We Process Screenshots of Slop to Suitably Tag Them as Slop
everything is a single command
Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
 
The Register MS Takes Money From Companies Banned by the Biden and Trump Administrations (National Security Risk)
today's sponsor
Sabotaging GNU/Linux PCs (and Users) is Not a 'Joke'
maybe cruelty is the very objective
Links 11/08/2025: Data Breaches, Politics, and Climate
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 10, 2025
IRC logs for Sunday, August 10, 2025
Gemini Links 11/08/2025: Tea Caffeine Hot and Super ZZ Zero
Links for the day
Slopwatch: LinuxSecurity, Brian Fagioli, and Other Serial Sloppers
Maybe Microsoft wants to dub this "Web5"
Gemini Links 10/08/2025: Residents Management Company, Automation, and Politics
Links for the day
Links 10/08/2025: AOL Ending Dial-up
Links for the day
Links 10/08/2025: Webrings, “AI Sunglasses” and “AI Eyeglasses”, US Administration Intensifies Attacks on Science and Research
Links for the day
Sometimes Newer is Worse
We generally need to reject this dumb notion that "old" means bad
The Code Used to Make Techrights Fits on a Seventh of a Floppy Disk (or 100KB When Compressed)
For the sake of comparison I've just downloaded the latest version of WordPress. The ZIP file is 27.2MB in size, or ~27,200KB.
What They Tell Young Programmers
Coding in 2025
Simpler is Better When Simple is Enough
Over-complicating things to "sell" new versions is so 1990s
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
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
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
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
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