Bonum Certa Men Certa

The Biased EPO Does Not Want to Hear From Anyone Except Those Who Pay the EPO

The EPO nowadays resembles the worst of cults [1, 2]

Wikileaks on Scientology



Wikileaks on Scientology and DNC



Summary: The EPO's corruption and violations of the law are a threat to everyone in the world; the EPO only ever listens to those who pay for "access" or those who embrace the "religion" of the EPO

THE EPC does not matter to the European Patent Office (EPO); it is routinely being violated or 'danced around', just like 35 U.S.C. €§ 101 in today's USPTO. António Campinos hasn't blogged in months, but his most recent blog posts advocate software patents in Europe. They disguise that using familiar buzzwords. In addition, Campinos is ignoring clear directions from European politicians by allowing patents on nature and life, not just maths. It's outrageous.



Patent quality (or scope of patenting) does not seem matter when offices knowingly grant so many patents which they know to be fake patent monopolies (not in compliance with the EPC) that merely attack the innocent and enrich lawyers. Today's EPO has gotten so badly-behaved and so utterly out of touch with the law (it breaks many laws routinely and casually) that it is granting patents on plants, seeds (yes, it's as bad as that sounds) and algorithms.

"ZBM Patents & Trademarks" (i.e. the patent microcosm) published "EPO Plant patentability" in Lexology the other day. It's the same old controversy:

Decisions G2/12 and G2/13 of the Enlarged Board of Appeal (EBA) of the EPO (Tomatoes II and Broccoli II) allowed the protection of plants per se…


EBA is not independent (from the Office President), unlike those other rulings that tackled this issue. Over at Mondaq, another site of patent maximalists, Matthew Handley (Venner Shipley LLP) has just spoken of the EPO "President's decision to refer the matter to the EBA," saying it "is highly controversial and has been widely criticised."

By who? It's not as controversial as patents on nature. To quote Handley's article:

The President of the European Patent Office (EPO) has submitted questions to the Enlarged Board of Appeal (EBA) which relate to the patentability of plants exclusively obtained by essentially biological processes and to T1063/18, a Technical Board of Appeal decision of December 2018.

In T1063/18, the Appeal Board disregarded an amendment to Rule 28(2) EPC, thereby undoing what was effectively an amendment to the Implementing Regulations to the Convention on the Grant of European Patents initiated by the European Union (EU). This decision has been widely seen as underlining the independence of the EPO's Boards of Appeal from the EU, an important and timely reminder for everyone grappling with the impact of Brexit on IP in Europe.

The President's decision to refer the matter to the EBA is highly controversial and has been widely criticised. The referral is described by the President as being necessary to restore legal certainty, but commentators have argued that rather than alleviating uncertainty, the President is adding to it by asking the EBA to revisit a question that they have already considered.

The decision issued in T1063/18 was an appeal against an Examining Division objection under amended Rule 28(2) EPC. The amendment to Rule 28(2) EPC was deemed void and the application, relating to pepper plants with improved nutritional value, was remitted to the Examining Division for further prosecution.

[...]

Nevertheless, the decision of T1063/18 was very warmly received by applicants in this field and news of the President's referral will be of concern to companies that filed European patent applications based on the G2/12 and G2/13 decisions, and generally to patent applicants in the European agricultural sector. In the meantime, however, the EPO has returned to granting patents in respect of plants or animals exclusively obtained by means of an essentially biological process. It is also worth emphasising that plants and plant material obtained by a technical process are unquestionably patentable.

It is not clear when the EBA will decide on the President's referral, but in the meantime it is worth noting that the decision in T1063/18, and the President's subsequent referral to the EPO's Enlarged Board of Appeal, sends a clear signal that it is the EPO's Appeal Boards that decide how to interpret the European Patent Convention for the purpose of granting patents, and not the EU or individual national governments.


Handley's colleague, also in Mondaq, has just promoted patents on maths. Paul Misselbrook (Venner Shipley LLP) uses ridiculous buzzwords like "Smart Patents" and latches onto another buzzword/phrase, "4IR" (sometimes "Industry 4.0" instead), which EPO made up, spread (e.g. by paying large German publishers), then exploited in order to grant illegal European patents on software. As if a "revolution" is upon us, hence we must welcome abstract patents.

To quote:

The patent system is credited as the crucial legal foundation from which the first industrial revolution was built. Milestone inventions such as the steam engine, power looms, the Cotton Gin and many more were all granted patent protection and by providing manufacturers with legal rights to prevent copying, innovation and industry flourished.


Using words like "revolution" he's equating/associating software with things like "the steam engine". This is the kind of propaganda the EPO likes to see.

Yesterday the EPO published this nonsense (warning: epo.org link) titled "Search Matters 2019: Insight for searchers and patent information professionals focuses on AI" (when the EPO says "AI" it typically means software patents which are not legal but are granted anyway, even in clear defiance of the laws of Europe). To quote:

The EPO has held its annual Search Matters conference at its headquarters in Munich. The three day event, which has run for 31 consecutive years, offered training to patent search professionals from around the world. The programme focussed heavily on search strategies and techniques used by the Office.

The event was multi-faceted and comprised various learning formats, including at-the-desk sessions, interactive workshops as well as plenary lectures provided by EPO examiners and external experts. For the first time in the history of Search Matters, the programme featured a panel discussion that delved deeper into artificial intelligence (AI) and its implications in searching.


This echo chamber focused on "AI" in the context of search rather than patenting, but usually -- as per prior events -- they intentionally conflate the two.

We have meanwhile learned that the EPO isn't really interested in what the public has to say. And as this leak proved 4 years ago, you need to be a billionaire for the EPO to change the whole system for you.

"Trying to submit a contribution to the public consultation which ends today," Benjamin Henrion (FFII) wrote yesterday after the EPO had stated: "It's your last chance to give us your feedback on our draft Strategic Plan 2023. Take the opportunity to share your thoughts with us..."

"EPO's 2023 consultation is already biased," Henrion wrote, "simply in the list of categories, there is no space for a simple "company", I am forced to pick the box "other", as they maybe consider that all companies are "patent applicant: company" [...] Last day to participate in the EPO public consultation, who is pushing for the extension of its toxic software patents to other parts of the globe..."

The EPO "does not want your opinion unless you're biased," I told him. It is literally paying people for opinions that favour its agenda and blocking critical voices. The EPO has blocked Techrights (since 2014 we believe) because it provides true, accurate information which the EPO does not want people to have access to. It's like a cult. Scientology warns people to not even consider opinions other than its own (or be punished for it). The very act of reading/assessing/searching for refutation is treated as an offense.

"When a multiple "choice" sheet feels like you're in the GDR," he wrote, "it's the @EPOorg."

Here's what he showed:

Biased EPO



He has meanwhile added: "It seems the "Open Source Ecology eV" is gone now from the template of EPO's public consultation..." (a day after we mentioned it)

Recent Techrights' Posts

Machine-Generated Legal Documents, Over 2,000 Pages Sent to Us Today Alone
We now know that the papers we receive are produced using bots (algorithms)
 
EPO and "Equivalent to More Than 100 Days of Strike"
The industrial actions continue and already have a positive effect
Streisand Effect, the Microsoft Way
Microsoft has once again proven the Streisand Effect
Keeping Track of IBM Layoffs in March 2026
IBM depends on bribery
GNU/Linux Measured at 7% in Yemen
Windows is too hostile and dangerous
Links 03/03/2026: Security Breaches, Iceland Wants EU Membership, and "Wall Street–Backed Lawmakers Want to Help Banks Gouge You"
Links for the day
Queensland Health Payroll System: IBM billion-dollar-blowout inquiry
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 02, 2026
IRC logs for Monday, March 02, 2026
Gemini Links 03/03/2026: GrapheneOS and Keyboard Shortcuts
Links for the day
Tomorrow should be sunny (at long last!) and a generally productive dayProductive Week Ahead
Tomorrow should be sunny (at long last!) and a generally productive day
Only One Slopfarm Seems to Have Targeted "Linux" Today
It certainly does feel like the slop hype is reaching the "late life crisis" and companies that benefited from this bubble are overdue for a day of reckoning
Microsoft Mass Layoffs: Being Sacked at 1AM in the Morning
Watch what happens to Microsoft employees who get pregnant
Links 02/03/2026: More Social Control Media Bans, Climate Change Woes, and "Journalist With Germany's Deutsche Welle Arrested in Turkey"
Links for the day
Gemini Links 02/03/2026: Small Phones, "I 3D Printed My Brain", and "Managing 5 Servers at Once with tmux"
Links for the day
IBM is Trying to Hide Mass Layoffs, Not Only With NDAs and 'Scripted' LinkedIn Posts
From what we can gather (screenshot above), today many people leave IBM and Red Hat
Richard Stallman is Giving a Public Talk This Week (Friday in Lucerne School of Computer Science and Information Technology)
His birthday is just around the corner.
Windows Falls to New Low in World's Largest Population (India)
Windows is now down to 7%
Never Miss a Good Opportunity to Shut Up and Drink Coffee
Threats come at a cost; each time you issue a threat you stigmatise yourself as a bully
Last Month Matthew Garrett Said Ridiculous Things After His Spouse Had Called Him a "Rapist", Now He's Trying to Take the Site Offline and Put My Family in Prison
The real issue of concern to him (and his alleged reputation) is the spouse and the matter is to be dealt with in America, not the UK
Reporting to Our Politicians/MPs the Failure of the SRA to Stop Hired Guns Who Help Americans (Men Who Attack Women and Nowadays Also Attack British Reporters)
About a month ago my wife wrote to politicians to get the ball rolling
The Topic Many People Don't Want to Talk or Write About
"DEI" is inherently about making racial and gender patterns better reflect society's
XBox is Virtually Dead Already, What Next Will Die at Microsoft?
Now that there are mass layoffs at Microsoft datacentres it is not premature to speculate about what dies after XBox
For the First Time, statCounter Measures Internet Explorer at 0.01% "Market Share"
What Microsoft replaced it with is just a Chrome clone with extra spyware
Was a Lot of "Windows" and "Unknown" in Iran Just GNU/Linux in Disguise?
more than 1 in 10 desktop/laptop requests is estimated to be GNU/Linux
"Here in the UK, GNU/Linux rose to all-time high at Windows' expense"
Will this entail Software Freedom as well? This depends on all of us
Links 02/03/2026: Claude Code Causes a Mexican Government Cyberattack, "London Repair Week" Noted
Links for the day
2026 Microsoft Mass Layoffs in So-called 'AI' Datacentres, Why Doesn't the Mainstream Media Cover The News?
What does this tell us about the state of the media?
Don't Fall for "Top X Law Firms" in "Discipline Y", They Pay $Z to Get False Endorsement/s
It's a scheme, a scam, an elaborate fraud
More Publishers Have Turned From Slop Boosters Into Slop Sceptics and Critics
There's a "hidden cost" when one participates (for profit) in "pump and dump" schemes
TeX Live Has New Release, But Planet Debian Won't Tell You That
It 'unpersoned' the developer
LLM Slop Does Not Know People (It Knows Nothing) and Cannot Distinguish Between People. It's a Recipe for Disaster.
no way of knowing who's who
"Over 1,100 Law Firms Gone in Five Years" in the United Kingdom (UK) Alone
There are basically way too many lawyers (looking for "business", e.g. threats and lawfare) and not enough positions to fill
Microsoft FUD From Microsoft Site Helps Distract From Actual Microsoft Back Doors
Published on a Sunday
Free Software Foundation Needs to Become More Active in Europe to Avoid Impersonation by Microsoft-Sponsored Groups
So far we've hardly seen the FSF saying anything at all about the US president
Links 02/03/2026: "Not Envious of Billionaires" and Palantir SLAPPs "Swiss Magazine For Accurately Reporting That The Swiss Government Didn't Want Palantir"
Links for the day
There Has Never Been a Better Time to Quit Social Control Media
Those networks are selling something. And that something is not peace because peace does not sell "attention".
Microsoft Users Drowning in Slop, If They Complain Microsoft Censors Them
Like an authoritarian regime
IBM is Killing Red Hat's Portfolio - Including Linux - to Prop Up Ponzi Scheme ("AI")
IBM is killing Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 01, 2026
IRC logs for Sunday, March 01, 2026
Speed of Sites Matters
Being easily accessible all the time matters to us
Gemini Links 02/03/2026: Weird Phone Calls, Small Phones, and Exploring Racket
Links for the day
Dr. Andy Farnell on "Good Tech"
in the age of "rent everything" and "own nothing"
Gemini Links 01/03/2026: Simpler Software and Announcing OFFLFIRSOCH (OFFLine-FIRst SOftware CHallenge) 2026
Links for the day
EPO "Cocaine Communication Manager" - Part V - Jobs at the EPO for Those Connected to Cocaine Addicts (Skills Not Required)
EPO management is trying to shoot the messenger
Booz Allen Hamilton, the Former Employer of Edward Snowden (NSA Contractor), is Drowning in Debt
Can Supreme Leader Cheeto bail it out like he does slop companies?
On the Concept of "Protected Class" (or Race) at IBM
It's self-harming as in practice it imperils the company and harms the reputation/brand
The Mass Layoffs at Microsoft That Nobody in the "News Industry" Wants to Talk About (and TheLayoff.com Censored, Then It Censored the Evidence of the Censorship)
They basically cover up how they censored the news about Microsoft layoffs
Richard Stallman to Give at Least Three Talks in Switzerland, Starting This Week
No mention (yet) of the Bern talk
On Who 'Speaks for' Techrights
typically a case of misrepresenting the site
'FSFE' an Imposter in Europe, Paid by GAFAM to Represent GAFAM Interests
The Microsoft-sponsored 'FSFE', which violates the terms of use of its name, is causing confusion [...] formally-recognised institutions got tricked into thinking that the Microsoft-sponsored 'FSFE' is the FSF
Lots of Lies From the Slop Industry
The slop industry relies on fake news to give a notion or fake demand
Links 01/03/2026: American Plutocrats Buy American Media While American Constitution Shredded
Links for the day
Teaser: The Next Series About the SRA, Which Would be Just as Effective as It Is Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part I - Introduction
The SRA is a sham. Many people know this already, but we want to document our own experiences with it.
Live Simply, Live Better
Life isn't about "collecting" possessions; it's about doing things that matter and accumulating knowledge so as to make better choices
Now That XBox is Pretty Much Dead and There Are Mass Layoffs at Microsoft
This means our predictions about Microsoft (and XBox) are "falling into place"
Gemini Links 01/03/2026: "In the Spirit of OFFLFIRSOCH" and "Delete Patreon"
Links for the day
ACM Lowers Its Standards for Age of Autocracy
IBM is more than happy to work with autocracies
The term FUD (fear, uncertainty, doubt) was created to describe IBM's tactics and IBM is doing it again
Rob Thomas or "RT"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 28, 2026
IRC logs for Saturday, February 28, 2026