Bonum Certa Men Certa

EPO is Trying to 'Force-Feed' Europe Some Fake Patents by Hijacking Courts



EPO parking lot
Source: Yesterday's tweet



Summary: Having granted a lot of dubious European Patents (to maintain constant growth despite a decreasing number of applications) the EPO seeks to subvert the court system; so far only the constitutions and the laws are being subverted -- to the point where these ambitions are collapsing in Europe's highest courts

THE U.S. Patent and Trademark Office (USPTO) is nowadays seeing a lot of its patents rejected by American courts at all levels, citing a bunch of sections that greatly limit the scope of patents.



The European Patent Office (EPO) is currently at the phase the USPTO was in a decade or so ago. It's just trying to grant more and more patents each year. António Campinos has similar demands to those of Battistelli (endless growth), so it necessarily means reduction in patent quality to the point of illegally granting patents (noncompliance with EPC). This is why we see patents on life, on plants, on seeds and even classic software patents, nowadays disguised as "IoT" or "4IR" or "AI" or whatever...

"This is why we see patents on life, on plants, on seeds and even classic software patents, nowadays disguised as "IoT" or "4IR" or "AI" or whatever..."This is what happens when a patent office is captured by nontechnical people, including lawyers, politicians and PR agents. There's no integrity whatsoever and now they try to do the same to the court system under the guise of a so-called 'unified' patent court dealing with so-called 'unitary' patents. As Benjamin Henrion put it a couple of days ago: "Capitalize on the Unitary Patent, when "specialized" means "captured"...".

Captured by the litigation zealots who profit from fighting, embargoes, extortion and so on.

It doesn't take a genius to see that it would greatly damage European businesses and cripple the EU economy.

"It doesn't take a genius to see that it would greatly damage European businesses and cripple the EU economy."Notice the calm if not silence surrounding this coup attempt; it wasn't successful. It just wasn't. But only because people fight back.

Yesterday we saw this article from AA Thornton's Rachel Havard promoted by lawyers' media and notice that it does not even comment on the UPC at all because she probably knows it's dead. How could she gloss over it unless she intentionally omits it?

A few days ago we saw the article "Brexit: How Do US And Overseas Investors Take Advantage?" reposted in lawyers' media (we debunked it earlier this month). When these people speak of businesses and investors they think primarily of litigation, not science. Something like the UPC would be a boon to them and 'open up' the litigation 'market'.

"Here we are edging towards the end of 2019 and comments in Kluwer Patent Blog don't exactly predict much progress.""Regardless of whether the UK leaves or remains in the EU, European patents will be unaffected," said the above article. "The European Patent Office is independent of membership of the EU."

Again, no comment at all regarding the UPC. Shades of CIPA. They address the wrong question.

Compare this to articles like this one from almost 3 years ago ("Unitary patent expected this year, despite Brexit").

How foolish do they look now? Here we are edging towards the end of 2019 and comments in Kluwer Patent Blog don't exactly predict much progress. It's all negative (all the comments). The following two comments (almost latest ones) mention the EPC -- not just Brexit -- as a concrete barrier. To quote:

Good thoughts from Concerned Observer. One thing though: who (other than the judges of the BVerfG) cares?

In particular, you write optimistically that a decision of the BVerfG will force the EPC Contracting States to “sit up and take notice”. Really? I don’t believe that for one second. They couldn’t care less.

In these populist times, they all have better things to do, pandering cravenly to voters who have been whipped up by irresponsible rabble-rousers who give them the message that it’s quite OK to ignore anything that an expert has to say on their area of speciality.

The depth of the hole we are in is evidenced by the irresponsible behaviour (and dereliction of their duty to educate and inform) of venerable public TV channels (including the BBC) that depend for maintenance of their funding stream on decisions by politicians.


And the reply:

Max, a BVerfG ruling that the EPC is incompatible with the Basic Law of Germany would surely catch the attention of even the most complacent politicians and civil servants. However, despite the manifest and numerous ways in which the EPC departs from the minimum standards demanded by Germany’s Basic Law, it is not clear whether the BVerfG will be comfortable with reaching the only logical conclusion – namely that Germany must either withdraw from the EPC or ensure that the EPC is amended in a manner that addresses its fundamental flaws. We shall just have to wait and see.


We shall explain in our next post that lack of independence for judges remains a serious problem. It's a lingering barrier that Campinos has done nothing to tackle.

Recent Techrights' Posts

EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
 
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025