Bonum Certa Men Certa

Today's EPO is an Illegal Institution Promoting and Granting Illegal Patents

The EPC is violated every time, rendering it meaningless or irrelevant

You must grant software patents! Oh yeah? The EPC says not! Now grant! I killed the EPC!



Summary: With patent courts or tribunals or boards (panels) that enjoy as much 'independence' as patent examiners -- i.e. none at all -- the EPO continues to grant and then authorise patents in direct and clear violation of the EPC, never mind public interest, directions from public representatives, external (to the EPO) courts and so on

"I am just wondering, the UK is bent to leave the EU, why not the European Patent Office. We both know that it is no EU institution but... probably there are better reasons to leave the EPO than the EU..."



So said a reader of ours, who is actually a high-profile person who opposes software patents in Europe. It has become pretty clear that EPO tyranny didn't end with Battistelli's departure because António Campinos is even worse in certain aspects. This is why EPO staff protested last week.

"I am just wondering, the UK is bent to leave the EU, why not the European Patent Office. We both know that it is no EU institution but... probably there are better reasons to leave the EPO than the EU..."
      --Anonymous
Looking at the official words of the EPO itself, those have nothing whatsoever to do with staff's positions. It's clear that press releases and tweets are composed by people highly loyal to high-level managers (or else they would not endure in these positions).

"Looking at the official words of the EPO itself, those have nothing whatsoever to do with staff's positions. It's clear that press releases and tweets are composed by people highly loyal to high-level managers (or else they would not endue in these positions."Here are some examples from yesterday.

The EPO is clearly hiding the collapse in patent quality while focusing on other things instead ("level of satisfaction related to the European Patent Register & future needs"). This is what it did this week in EPOPIC, which we wrote about yesterday. The following day (not the opening day) they had fewer high-profile speakers, but the nonsense kept on coming. Take this bunch of "tweets" for example [1, 2, 3]: "A new IPC subclass “G16Y” for IoT-related technologies will enter into force in January 2020 #EPOPIC cc @JPO_JPN [..]. ZIT is the world’s first #classification for #IoT-related technologies #EPOPIC cc @JPO_JPN [...] Opening the next session at #EPOPIC on classification, Toshiki Yamaguchi at @JPO_JPN is going to give us the latest information on new J-PlatPat & #IoT-related classifications."

So in EPOPIC too they misuse these words; Many bogus, invalid, bunk software patents have been 'dressed up' as "IoT" -- a rather meaningless or at least vague marketing buzzword. Here's more: "Automatic Classification: There is likely a data deficiency challenge ahead – we need human investment! One of the take-aways from Alexander Klenner-Bajaja's insights into #AI & #patentclassification #EPOPIC"

"Hey hi" is pure magic. You just say out loud those two letters, A and I, and the audience will be wowed. Are software patent not valid? A I! Hakuna matata.

"It means no worries

"For the rest of your days

"It's our problem-free philosophy"

Just grant, grant, grant. Do it for Grant Philpott. The poor sod will only get promoted if he artificially inflates the number of grants by consciously violating the EPC, compelling examiners below him to break the law for him.

The EPO's propaganda partner IAM has meanwhile published "AI technology – the pitfalls of protecting inventions" and promoted that in Lexology.

Aled Richards-Jones (Carpmaels & Ransford LLP) is admitting these so-called "AI" patents are just software patents, almost right from the outset: "The current situation in the United States presents uncertainties when it comes to patenting AI-related technology, following the Supreme Court’s decision in Alice Corp v CLS Bank, while the law covering other aspects of AI is equally complex. In the United Kingdom, protecting AI-related technology involves a range of considerations, from EPO case law relating to computer-implemented inventions, to UK domestic laws involving other forms of protection such as copyright and trade secrets. With innovation currently outpacing the law, where does this leave innovators? This article uses a hypothetical example to shed some light on the landscape."

So what? They grant anyway. Let the courts deal with the resultant mess.

This is as much of a problem in the US as it is in Europe and HTIA has just mentioned it in relation to this article from Dave Jones. We'll put it again in Daily Links as it's not about Europe. "David W. Jones is a former IP Counsel to the Senate Judiciary Committee and currently executive director of the High Tech Inventors Alliance," says the bio and his employer quotes him as saying: “The solution to poor quality isn’t to lower the bar. We need to address quality head on by making it less likely invalid patents are granted and by strengthening the ability to challenge them when they do."

The same is true in Europe. "How to fix the patent quality crisis" is his headline and he wishes to raise patent quality, not lower it. The EPO has been constantly lowering the patent bar in recent years and that became very visible -- to the point where EPO management panicked and sought to silence the messengers.

The problem isn't limited to software. Big Pharma blogger Rose Hughes (litigation industry for monopolies) has just published "BREAKING: Board of Appeal provides some initial thoughts on the Broad Institute’s CRISPR appeal (T0844/18)" (we covered this case many times before).

Well, the EPO is not allowed to grant patents on life. So on the surface this whole appeal may seem like a waste of time (or non-starter). It's not legal. That much should be obvious, but the EPO is so inherently corrupt and the law does not matter to it. Judges aren't rewarded for enforcing the law (EPC) but for doing the Office President's biddings. Watch that comment from an attorney:

Looking forward to the appearance of the summarized TBA Communication on the EPO public file. Meanwhile, thanks to the IPKat for sharing this news that is "breaking" in more senses than one.

Reading through the Board's summary of the pro's and con's of stepping back from the current established practice, two thoughts occur.

First, getting more into line with "the intention" of the Paris Convention strikes me as outweighing most, if not all, other considerations.

Second, can anybody here recall a case of many years ago, in which a UK patent attorney firm (U&L) was caught in the middle of an ownership dispute, between rival parties, that went to litigation during the Paris year. The facts of the case were quite mundane really. Such ownership disputes can arise quite easily. The two sides were giving that patent attorney firm (which had filed the priority application) opposite and irreconcilable PCT filing instructions. Thus it was, that U&L entered the litigation as an "interpleader". I should like to re-read any published case report in the context of the present dispute before the TBA. Can anybody supply the case report reference?


We already know, based on prior cases such as G 2/19 (Enlarged Board of Appeal), that these rulings aren't compliant with the EPC -- so much so that the EPO aggressively lobbied to not even deal with a query about it (deeming it inadmissible). The EPO is an outlaw institution where the concept of lawfulness ceased to exist some years ago. Something must be done.

Recent Techrights' Posts

FOSSY (SFC) Platforming GAFAM, Sells Endorsement
Houston, we have a problem here
IBM's Age Discrimination Leads Workers to Contemplate Suicide While the CEO Becomes Billionaire for Lying to the Press and Faking Performance (Fraudulent Accounting)
IBM avoids issuing WARM notices
 
Paying With Cash in 2026
Cash isn't going away. Not any time soon.
Blocking Tor Is Not a Solution, It's Paranoia
Tor is not a crime
Oligarchs and Their Footsoldiers Are Most Enthusiastically Loud About the Things They're Attacking
Like "Microsoft loves Linux"
Not Allowing Misogyny and Misogynists to Run the World
We stand with (and for) equality, justice, and freedom
"SPONSORED EXPLAINER" at The Register MS is Just More SPAM "Sponsored by HPE."
This is a great example of crap 'journalism'
IBM Won't Hire (or Hardly Hire) This Year
IBM is bluffing with buzzwords while shrinking out of existence and reducing salaries
SLAPP Censorship - Part 146 Out of 200: An Industry of Plagiarism, 'Normalised'
they pursue personal enrichment by stealing from Free software developers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 10, 2026
IRC logs for Monday, August 10, 2026
5.1k Capsules Known to Lupa, Gemini Protocol Crawler
If no limits (e.g. 10k max per capsule) were imposed on crawling, there would likely be millions of pages in the database
Gemini Links 11/08/2026: Waking Up Earlier, Whining About LLMs as Destructive Plagiarism
Links for the day
Links 11/08/2026: "The Enemy Is the Platform" and 'Vibe' 'Coding' Shown to be Little But Plagiarism
Links for the day
If Your Software Project Welcomes Bots, Then All You'll Have Left at the End Is Bots (Same for Sites Which Permit LLM Slop; They End up as Slopfarms and No Human Wants to Contribute Anymore)
A "slippery slop."
Clownflare Affirms Disturbing Trend of Web Monoculture (Which Extents to Clownflare Itself)
Clownflare itself is another layer of the same problem
The Open Web Is Not Coming Back
the open Web going out of control
Tell Me Something I Don't Know
Those who have a stake in the secrecy would do anything to maintain secrecy
Gemini Links 10/08/2026: Recollections and Washing Machine That Only Last a Few Years
Links for the day
Claims of Mass Layoffs at IBM (in Finance)
IBM tries hard to maintain an illusion of normality - to the point of viciously censoring critics and whistleblowers.
The Slop Bubble (Pyramid Scheme) is Becoming Bigger and Everyone Should be Terrified (Its Implosion Will Cause More Damage)
there's no plan for a turnaround
Microsoft and Apple Lose Ground to GNU/Linux in the United States
This contributes a lot to the international curve
Escaping Ads
When users do not want ads, then no ads should show up, period
For Second Year in a Row Software Freedom Conservancy (SFC) Loses Money (Over $3,000,000 Lost in 2 Years), Bradley M Kuhn Steps Down as Treasurer
lost almost $600,000 last year
Microsoft/GAFAM Operating at a Loss
Microsoft has financial problems
Nigel Farage crisis: Taylor Swift & Jeffrey Epstein both shunned cryptocurrency bosses
Reprinted with permission from Daniel Pocock
statCounter Now Sees GNU/Linux "Market Share Worldwide" at 9.21%, Soon 10%
If this data is more or less accurate, it's time for panic at Microsoft
Rumours of Impending Mass Layoffs in IBM's Yorktown Office, Impacting the LLM (Slop) Staff
Bubbles never last forever, hence their name
Links 10/08/2026: "Long COVID Linked to Lasting Damage in The Brain's Dopamine System", Microsoft’s Weather App Uses Over 1,000 Megabytes of RAM
Links for the day
Software Freedom Conservancy (SFC) Does Not Support Women, It Imitates Authentic Organisations, Embraces Misogynists, Then Projects
They try to monetise for personal gain at the expense of unpaid volunteers
When You're Evil and You're Publicly Attacking Something, That Something Will Become More Popular
when an oppressor becomes openly oppressive and does anything to squash/censor critics, the outcome will typically be detrimental to the oppressor
Links 10/08/2026: "Against Oligarch" and "The Invisible Women"
Links for the day
Social Control Media Deathwatch: After Nearly a Million Posts Sent EchoFeed Shuts Down
EchoFeed is hardly unique
When the LLM Chatbots Industry (Trillions in the Red) Quits Paying the Media for FOMO
fear of missing out, or FOMO for short
Microsoft Killing Morale
branding the process “inhumane” and “demoralizing”
Google's "AI Overview" as Proprietary Censorship Engine and Gatekeeper
People do not choose to use this, Google is just shoving that in people's faces, encouraging laziness and misinformation
SLAPP Censorship - Part 145 Out of 200: They Tried Hard to Hide the Fact Their Client Had Been Sued, Twice Even
A month ago Brett Wilson LLP tried to take my wife "to the side" (in effect isolated) to make her an offer
statCounter: GNU/Linux Up to 8.95% Globally
So the estimates are being "corrected" upwards, not downwards
Explaining How Someone Attempted to Cancel RMS This Year (and Failed)
The process itself involved debunking some falsehoods
Microsoft's "XBOX Ranks Last", IBM is Headed for Extinction
If Microsoft cannot dominate its own "home turf", what prospects are there elsewhere?
DebConf6 fight denied by Google artificial intelligence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 09, 2026
IRC logs for Sunday, August 09, 2026
Gemini Links 10/08/2026: A Mild Monday, Sleepy Saturday, OUYA, and Moving to GNU/Linux
Links for the day
Links 09/08/2026: US Blackouts (Energy Wasted), Slop to Evade Accountability, and Software Patents Framed as "Hey Hi"
Links for the day
Gemini Links 09/08/2026: Parakeets in Britain and Rant About 'Modern' Washing Machines
Links for the day
Links 09/08/2026: Social Control Media Weaponises Immigration, Europe Suffers Severe Drought, and "Internet of Stuff" Explained
Links for the day
SLAPP Censorship - Part 144 Out of 200: The "Hired Guns" ("Media" at BW) Shrank Almost Three-Fold Since They Sued Us in 2024
No wonder they're so visibly outnumbered
10 Days Ago Red Hat Formally Terminated Employment of About 500 Technical Workers (the Media Didn't Mention This)
IBM has nothing left to do except fire people (in secret) whilst attacking sites that give these people a voice
Freenode Continues to Shed Off Servers and Users, Good Thing We Abandoned It
you cannot sell communities. It leads to chaos
Daniel Pocock in the Sunday Times (Today)
Expect the attacks (from Pocock's haters, motivated by envy) to intensify
Controlling One's Platform
We need to strive for or actively pursue a Web where everyone has their own platform/s and where censors ("moderators") have no direct control over these platforms
Improving the Static Site Generator (SSG), Fixing Bugs
Next month the site's SSG turns 3
Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026