Bonum Certa Men Certa

Companies That Collapse Because the European Patent Office (EPO) Gave Them Fake Patents in a Hurry



When you're being granted a monopoly that later turns out to have been invalid all along

Hurry



Summary: False hopes and false promises won't do any favours to European Patents, whose legal certainty suffers because Campinos and Battistelli measure nothing but 'production' (quantity) rather than quality of patents

THE European Patent Office (EPO) cannot carry on pretending that it values patent quality. On Friday night we wrote about decline in patent quality and around the same time came out this report entitled "Here's Why Pacific Biosciences Is Tumbling Today" from Microsoft's network (Motley Fool). In short, it happened because the EPO had granted a fake patent; we saw similar stories before (see last year's A Danish Company Has Just Collapsed Due to Patent Quality Issues at the EPO). As long as the EPO keeps granting software patents and patents on life/nature oppositions will come and courts will shoot down European Patents, discrediting the very concept of such patents.



The latest:

Shares of Pacific Biosciences (NASDAQ:PACB) fell over 14% today as investors grappled with more bad news for long-read DNA sequencing power. The latest twist comes courtesy of the European Patent Office (EPO), which revoked a second patent for the company pertaining to its ability to read long, uninterrupted strands of DNA with its machines. More specifically, the EPO found that the patent in question made too broad a claim to "single molecule sequencing," which is central to the company's entire technology platform.

A shrinking patent portfolio isn't ideal, but it's compounded by recent news from the United Kingdom's Competition and Markets Authority (CMA). The trade body has referred the company's pending acquisition by Illumina (NASDAQ:ILMN) for an in-depth investigation after the parties failed to address the CMA's concerns raised from an initial inquiry that began in April, as first reported by The Motley Fool. Turns out both the patent dispute and the antitrust investigation have a similar root cause: Oxford Nanopore, a start-up based in the United Kingdom.


We're going to see more and more stories like that. If not for the oppositions and appeal boards, it will be actual courts (outside EPOnia and Haar, which is technically outside of EPOnia in overt violation of the EPC) deeming such patents invalid. Over the past few months, more so than the past few years, we've seen examples of this every week. We shall cover such examples (that become known to us) and repeatedly stress the need for quality.

"It's like there's a very deliberate 'blackout' and key platforms that used to criticise the EPO are nowadays very much complicit."Last month we covered the EPO’s “Collaborative Quality Improvements” (CQI), formerly known as “Team Collaboration Project” (it's the opposite of the name). Notice how no European media, not even so-called 'IP' blogs, touched the subject. It's like there's a very deliberate 'blackout' and key platforms that used to criticise the EPO are nowadays very much complicit.

Recent Techrights' Posts

Richard Stallman 'Unveils' His January 20 Talk in Montpellier, France
It's free (gratis)
Links 19/01/2025: Gaza Ceasefire and PR Stunt by Fentanylware (TikTok), Faking It by "Going Dark" to Incite American Addicts (Users)
Links for the day
They Won't Buy Vista 11 PCs or "Hey Hi" Copilot+++++++ PCs of Microsoft (With TPM)
Windows at 8%
No Time Left for President Biden to Pardon Julian Assange
At least they tried
Total Lock-down Ambitions - Part IV - The Latest Examples and the Perils (in Summary)
For further reading take a look at Musial's nice outline
FOSDEM is Called "FOSDEM" Because of Richard Stallman (RMS)
The overlap there seems timely; yesterday RMS spoke in French-speaking (in part) Switzerland where questions in French were accepted
 
Links 20/01/2025: More PR Stunts by ByteDance and MLK’s Legacy Disrespected
Links for the day
Gemini Links 20/01/2025: Magnetic Fields, NixOS, and Pleroma
Links for the day
BetaNews Spreads Donald Trump Propaganda, Promotes Scams, and Publishes Fake 'Articles' About "Linux"
This is typical BetaNews
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 19, 2025
IRC logs for Sunday, January 19, 2025
[Meme] Hardware RAID and Hardware Raid
We're expecting attacks on the press in Trump's second term (no need to impress anyone for another election cycle) to be far worse than the first
What's Running on the Laptops
12 months have passed
[Meme] 404, Not Found
Kuhn: I'd like to interject for a moment, we made an alliance with the Microsoft-dominated LF to outsource projects to Microsoft GitHub and rich people gave us money to do this
Links 19/01/2025: TikTok (Fentanylware) Now Banned in the US, Convicted Felon Talks to Fentanylware CEO and Pooh-Tin About Undoing the Ban Despite the Supreme Court Unanimously Upholding It
Links for the day
FTC Realises Microsoft Buying Fake 'Clients' to Fake "Revenue" (Microsoft 'Buying' Services and Products From Itself!)
Ponzi scheme
Total Lock-down Ambitions - Part III - The Web Browser as DRM Pusher
A lot of "streaming" stuff is DRM
Video: University in Peru Honours Richard Stallman
Tomorrow, January 20, Richard Stallman speaks in France
IBM Termination Story and Information From Microsoft About Mass Layoffs
In 2 weeks of 2025 Microsoft already had 2 waves of layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 18, 2025
IRC logs for Saturday, January 18, 2025
Links 18/01/2025: Restoring the Great Wall of China and Economic Expansion in China
Links for the day
Guardian Digital (linuxsecurity.com) is Spamming the Web With Microsoft's Promotional LLM Slop About UEFI 'Secure' Boot (Which is Against Real Security)
This is an attack on honest journalism
Links 18/01/2025: TikTok's Endgame, "Car Freedom", and Spying in Cars 'Fines' GM (Settlement)
Links for the day
January 20: Richard Stallman Talk in Europe
evening time in Europe, around midday in the United States and Canada
Links 18/01/2025: Apple Getting Out of Hey Hi (AI) Slop (Too Much Misinformation), Chaffbots/Chatbots Try to Settle Copyright Infringement Lawsuits
Links for the day
What Fake News Sites Are Doing to GNU/Linux
The LLM slop about Linux serves two purposes
Links 18/01/2025: Microsofters Upset at Microsoft's Ridiculous Rebrands (Excuse for Massive Price Hikes), Chaffbot Company ('Open'AI) Faces More Lawsuits
Links for the day
Gemini Links 18/01/2025: Surge in Illnesses, ctags, and Gemsync
Links for the day
Slopwatch: Too Lazy to Write Real Articles, Offloading to Chatbots Instead (LLM Slop About "Linux")
The Web was already full of garbage before the LLM frenzy. Now it's even worse.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 17, 2025
IRC logs for Friday, January 17, 2025