Bonum Certa Men Certa

Demand for European Patents Will Continue to Decrease If a Lot of European Patents Turn Out to be Invalid, Worthless



“No man is justified in doing evil on the ground of expediency.”

--Theodore Roosevelt



Theodore Roosevelt



Summary: The EPO's abandonment of patent justice and quality (in pursuit of so-called 'production' targets) is likely to doom the Office as the whole or render it vastly less relevant to the rest of the world

Patent quality has been severely compromised by the EPO -- to the point of being totally detached from the EPC and several other things. The Battistelli-appointed (de facto) António Campinos actively promotes software patents in Europe (using some buzzwords) and there's now this pilot (CQI) to further lower patent quality while the EPO publicly lies about its concerns on the matter.



"We know whose side the law is on, but the EPO quit obeying the law several years ago."The EPO cannot eternally rely on terrorising its judges and then covering it up. Sooner or later more and more European Patents will come under scrutiny outside EPOnia (or Haar, which is obviously outside EPOnia and thus unsuitable a venue, according to the EPC). What happens then? Can the EPO continue until eternity (or its end of life) to disregard judges' precedents (except internal judgments which are constitutionally invalid) and carry on granting fake patents? Applications will decrease in number as soon as applicants spot these trends. This is already happening.

Earlier on this week, or yesterday, Bart van Wezenbeek wrote about a District Court of The Hague case (this case's date is exactly one month ago, June 19th) in which dubious patents were assessed in European courts. To quote:

In the present case, it appeared from the prosecution file that the limitation had been introduced with a purpose, and the patentee had accepted the limiting examiner’s amendments. Taken together with the fact that the patentee could be considered a professional party with sufficient knowledge in the field of patents, this means that the scope of the claim was determined more by the literal interpretation of the claim than by the concept of the invention behind it.


In this particular case it's an American 'pharma vulture' doing the litigation against a Dutch company. Annsley Merelle Ward from a firm that boosts patent predators (Bristows LLP) wrote about it last month, whereupon we also wrote about it, noting that "European Patents are already being leveraged by foreign (US) giants, which claim to be worth hundreds of billions of dollars based on exploitative monopolies, to bully generics out of the market. Courts decide the lawsuits are baseless, frivolous."

It's not a sole example. According to this new report, "European Patent Office Revokes Second Pacific Biosciences Patent" (from GenomeWeb), the EPO has once again admitted that it granted a fake patent and it's only being 'actioned' because someone invested in correcting it:

NEW YORK – The European Patent Office this week revoked another patent held by Pacific Biosciences, according to Oxford Nanopore, the firm's main competitor.


Not even the first time!

Awful patent quality is the direct result of unprecedented pressure being put on examiners, who probably do the best they can under the unreasonable conditions/circumstances. But if this carries on, why would companies still apply for European Patents? Fewer of them would. Juve very recently took note of the decline in demand for European Patents. It's not hypothetical; it's already happening.

We've just spotted this new comment in IP Kat, published about a day ago after some IP Kat puff piece about EQEs (separate thread). To quote:

No-body serious considers the EQEs to be a gold-standard of practice. Since they are time-limited exams they will necessarily not award points in Paper C for novelty/inventive step arguments against claims that are already dealt with as added matter, but this is not real life.

In real life, added matter is included as an objection in probably the majority of oppositions, but the sensible attorney will also make arguments on novelty/inventive step and other grounds if these are viable. In real life only deciding that there is added matter, and not even considering novelty/inventive step in case your decision on added matter is incorrect, will simply waste time in the long run in the majority of cases.

One of the criticisms regularly levelled at both the PEB exams and the EQEs is that they ignore commercial realities. Typcially this is because they require you to do things that the client doesn't normally want. P6/FD4 is criticised for requiring integer-by-integer claim construction analysis that no sane client wants you to do, whilst Paper B requires you to cover-off points that no-one writing a response in real life would think worth the cost of responding to.

However, here we have an example of the exams requiring that you do not do something that the client actually typically wants - to make novelty/inventive step argument just in case your cleverly-drafted added matter arguments fail. Attorneys know that commercial reality demands this - it is only good when courts also realise this in making their decisions.


Courts should disregard this "commercial reality" and instead focus on what underlying laws (e.g. EPC, caselaw) say. The EPO likes to pretend that it is business-friendly, but the only business it's friendly to is the litigation 'industry'. To ordinary European SMEs the EPO became nothing but a liability and a menace. We know whose side the law is on, but the EPO quit obeying the law several years ago.

Recent Techrights' Posts

Our Priority is Still Tackling Software Patents and Corruption in Patent Offices
Meanwhile we got compliments on our recent articles, which means that they are effective
Slopwatch: Another Day, Another Slopfest, LLM Slop Scrapers Slow Down Our Site
We too have some slop issues; this past day this site and the sister site had to answer about 2.5 million requests (not counting Gemini Protocol) and it's slowing things down for everybody
Abuse Inside the Polish Patent Office (UPRP) - Part IX: Minimum Wages For You (Experienced Scientist), Alicante/EU Paydays For Me (Unproductive, Corrupt Official)
Does UPRP maladministration extend to the false belief that qualified and experienced scientists can play the role of circus clowns?
 
The Latest Rumour Says The Next (as Correctly Predicted Before) Wave of Layoffs at Microsoft is 3 Weeks Away, "Larger Than the First Wave"
Step 2
TV Licensing Used to SPAM Your Postbox, Now It Does the Same to E-mail
First they ask for your E-mail address; then they start nagging you via E-mail
The Toxic Playbook
Either you support Prince Mohammed bin Salman or you're a nazi
It's Possible That BetaNews Got Cracked, But Nobody Talks About It, The Site Contains an Outdated Old Image, No Activity
It's possible that they will never explain what happened to the site and users' accounts
Links 12/06/2025: Beach Boys’ Brian Wilson Dies
Links for the day
Gemini Links 12/06/2025: Video Game Diegesis and Steam Next Fest
Links for the day
"The Liberating Power of Simply Telling People the Truth."
'polite' bullying
Why the Militants Have Lost Every Battle Since 2022 (When Attacking My Wife and I in Various Ways, Even Attacking Our Employers)
This takes patience, sure, but at the end most evildoers face the consequences for their actions
Politics Will Impact Software Choices
Will those systems respect users' freedom?
EPO: Neglecting Children to Promote American Monopolies by Shielding Them From European Competition
Yesterday the Central Staff Committee at the EPO spoke about another "reform" at the Office
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 11, 2025
IRC logs for Wednesday, June 11, 2025
Links 11/06/2025: More Vulnerabilities Found in 'Smart' Phones, China Extends Reach in the Pacific
Links for the day
Gemini Links 11/06/2025: Grain and Steam Next Fest
Links for the day
Links 11/06/2025: "Quantum" Hype From IBM, US Closer to Martial Law, and “The Nation” Celebrates Milestone
Links for the day
IBM's CEO Roasted, Sizzled and Grilled for Dumb and Inconsistent Vapourware Promises
It looks like being a chronic liar is what it takes to lead the company once synonymous with computing
IBM's Goal Is Not (and Never Was) Computer Users' Freedom
More than 1.5 decades ago I found IBM to be an "ally of convenience" because of OpenDocument Format (ODF)
Wayland Shows the IBM/Red Hat Way of Doing Things
IBM is trying to 'kill' X
Who Imitates Who? Plagiarist as Client (From Microsoft), 'Plagiarism' at the Law Firm?
let's revisit the subject
GitHub is Proprietary, Controlled by Microsoft, and GPL Violation Warehouse
"IRS tax filing software [will be] released to the people as free software" ... In general this is good news
Slopfarm Catastrophe
Seems like BetaNews (or BetaNoise) has just suffered a major data loss and restored the site from a week-old backup
Abuse Inside the Polish Patent Office (UPRP) - Part VIII: Illegal Working Conditions
How many people need to die for these people to get their massive salaries?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 10, 2025
IRC logs for Tuesday, June 10, 2025
Links 10/06/2025: Apple Hype and Physical Attacks on Bloggers
Links for the day
Gemini Links 10/06/2025: Loon Lake, Farming, and Forth
Links for the day
Links 10/06/2025: Jaws at 50 and US Democracy Crushed Very Rapidly (Martial Law Seems Imminent)
Links for the day
Abuse Inside the Polish Patent Office (UPRP) - Part VII: Washing Their Hands After Corruption and Abuse
"Tragedy or comedy?"
Culling Bad RSS Feeds of Bad Sites
Not throwing out the baby with the bathwater
If 'Microsoft v Techrights' is Dealt With by a 'Microsoft Court' (or a Court Outsourced to Microsoft)
More on that later
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 09, 2025
IRC logs for Monday, June 09, 2025
Gemini Protocol Turns Six in 10 Days From Now
If you haven't tried it yet, then give it a go today
Live as You Preach
technology is fast becoming dysphoric