Bonum Certa Men Certa

EPO is Fast Becoming the Office of Invalid Patents (IPs)

AI hype at EPO



Summary: The rush to grant lots and lots of patents irrespective of the underlying laws (which govern the Office and the courts) is guaranteed to lead to a collapse or an avalanche of invalid patents (IPs)

WHAT if Europe became one of the world's worst venues for patents? What if European standards for patenting were so low while at the same time courts insisted on much higher standards (whereupon these patents got rejected, albeit only after lengthy legal battles)?



Gene Quinn (Watchtroll) uses the European Patent Office (EPO) as a propaganda model for software patents right now, having just published some nonsense titled "Software May be Abstract, But a Computer-Implement Invention Produces a Technical Effect" (we don't link to Watchtroll anymore, but eager readers can find the nonsense shall they wish). It says that it covers "computer implemented inventions, particularly in the field of artificial intelligence (AI), and how the EPO system compares with the U.S. patent examination system."

"What if European standards for patenting were so low while at the same time courts insisted on much higher standards (whereupon these patents got rejected, albeit only after lengthy legal battles)?"Notice the buzzwords, including "hey hi" (AI). We're meanwhile seeing the most vocal lobbyists for software patents in Europe tweeting this link, adding: "There's a new entry in the EUROPEAN SOFTWARE PATENTS knowledge base" (more like marketing).

They too use terms like "Technical Effect" or "Technical". They don't speak in terms such as "eligibility" or "validity" or (legal) "certainty", knowing perhaps that a lot of European courts would reject such patents, citing the EPC, which António Campinos and Benoît Battistelli blatantly and consciously violate. The violation of the EPC is one of the main reasons the UPC will never materialise. But Team UPC is of course in denial about it; linking to a tweet from an erratic person (as if Twitter contains actual information), Team UPC is still desperate to make UPC seem like a "matter of time" (denying its demise/death/stagnation). Yesterday it tweeted: "It is fair to assume that the German Constitutional Court will take note and that Prof. Huber will hardly be incentivised by these news to decide the #UPC complaint prior to 31st October 2019."

They allude to Brexit, but Brexit is one among at least four considerations for denial of ratification. Never mind or let aside the fact that not only Germany is a barrier (there are several more countries which reject UPC-like schemes, even on purely constitutional grounds).

"...from this gross violation of constitutions and laws several people will emerge as millionaires (Battistelli, Campinos and their close associates, who are also their mates). They're like vampires sucking the EPO's blood and they don't care about the consequences."Over at Kluwer Patent Blog, a site of Team UPC, there's this new post published for Alex Calver by Bristows LLP (the same person also published FRAND agenda on the same day). It's about the demise of European Patents (EPs) in the British courts and the latest example of it: "Among the flurry of pre-summer vacation judgments coming from the Patents Court is one from Mr Justice Birss (17 July 2019), concerning the validity of Hoffman-La Roche’s patent EP (UK) 2 007 809. EP’809 is a formulation patent for the monoclonal antibody vedolizumab, marketed as Entyvio€® and used to treat ulcerative colitis and Crohn’s disease. The judgment tackles some complex areas of law. In short, Birss J found the Takeda’s product would infringe EP’809, but for the damning validity assessment that found it lacking novelty, obvious by virtue of a lack of technical contribution and insufficient."

We've sadly come to the point where the collapse in quality of EPs is too visible to ignore and therefore the number of applications for EPs is declining. The EPO is rendering itself moot, endangering the careers of its workers. But from this gross violation of constitutions and laws several people will emerge as millionaires (Battistelli, Campinos and their close associates, who are also their mates). They're like vampires sucking the EPO's blood and they don't care about the consequences. There's no collective responsibility, neither care nor loyalty to the Office they profess to serve.

Recent Techrights' Posts

LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
 
Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day