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

The Slop Industry is Failing So Badly (Mountains of Debt, Losses) That It's Merging With the SPAM Industry
we reckon that Google will eventually delist all slopfarms, recognising they're just a form of SPAM
IBM Starts 2026 a Much Smaller Company (Not Homage to Gerstner)
People who get bluewashed out of their job (or bluewashed into unemployment) are gagged by NDAs
Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
 
2025 Was a Very Bad Year for Social Control Media
statCounter sees a gradual demise in Social Control Media access
Don't "Go Paperless", Go Paperful [sic] (for What Really Matters)
Why should we favour paper use sometimes? Well, many reasons.
Complexity Considered Harmful: We Used to Run an Operating System on 64KB of RAM, Not 64GB of RAM (a Million Times More)
"Initially confined to single-tasking on 8-bit processors and no more than 64 kilobytes of memory"
Links 31/12/2025: Cheeto Pushing for More Wars, ‘Security is a Shared Responsibility’
Links for the day
Enshittification of Postal Services Isn't Technological Advancement
Societies that say the aim is to "go digital" and eliminate paper trail aren't advanced; they're moving backwards
XBox is Likely Dead Already, But the Threat It Posed to Us All for Two Decades Isn't Over
"the Xbox was never about gaming and merely served as a test bed for DRM in commodity systems."
Ahead of 2026 Mass Layoffs at Microsoft the Tree Gets Shaken to See Who 'Falls' (Resigns/Retires)
"We had a quiet meeting last week about budget realignment. No one said layoffs, but it’s clear where the focus is shifting."
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
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
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"
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
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
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
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
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