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

Only a Matter of Time Before IBM Drops to $199 or a Lot Lower Than That
How long can IBM overload empty shells?
Lots of Microsoft Just Loses Money, Not Earning Money
Due to profitability challenges it's hard to believe Microsoft will ever find a buyer for XBox
Touch Grass
Happiness involves what humans have evolved to appreciate, not what humans create to sedate the mind (like skinnerboxes)
The Cyber Show on Technology Having Become a Tool of Mass Psychosis, Not Enablement or Emancipation
Technology as mass psychosis
The Rumour Said That a Second Wave of Microsoft Layoffs Would Come This Week (Ahead of Fake 'Results'), Maybe Tomorrow
Let's wait and see how "MSM" unfold
 
Gemini Links 21/07/2026: Nostalgia, Shogi, and New Gemlog System
Links for the day
Guyana: GNU/Linux Rises to New High, 7%
Guyana is part of the trend
Oman: GNU/Linux Up to 7%
It was 5% last year
The Solution is Never 'Free Hosting' in Proprietary GitHub (Microsoft), the Solution is Self-Hosting
Third parties never care about your projects as much as you (yourself) care about them
From GAFAM's Perspective, Jeremy Bicha Did Nothing Wrong
All is OK as long as he does not criticise monopolists and billionaires
Bluesky Was Such an Utter Failure That After 18 Months Mozilla Goes Hug a Nazi Platform That Produces Child Porn
What compels Mozilla to come back there? The child pornography scandal? The adorable leader?
GNU/Linux at Grenada Measured at 14% This Month
GNU/Linux was stuck at 0% for a long time
In WordPress, Newer is Not Better (Maybe Better Off With No WordPress at All)
To Hell with bloat and feature churn
As Slop Bubble Implodes (Inevitable), the Dishonest, Corrupt, Compromised Media Tries to Blame "China" Again (Like it Did With "DeepSeek" in Past Years)
Here we go again. We've been there before. Same spin, this time not "DeepSeek" though.
Red Hat (IBM) Has Long 'Reassigned' (Bluewashed) Red Hat Staff to Ruin Fedora, Now It Does the Same to GNOME
What next from IBM's Krishna?
Links 21/07/2026: Google Stagnating, Slop 'Apps' Are "Flooding Apple’s App Store"
Links for the day
Gemini Links 21/07/2026: OPNSense Upgrade Problems, Zilog Z80 at 50, and Lessons From Terminator
Links for the day
IBM Lawsuits Over Alleged Fraud Are Piling Up
We'll keep an eye on the lawsuits
Arianna Taite on Odds of Australian (Daniel Pocock) Winning Clacton By-Election
His detractors somehow try to twist or frame him (Pocock) as an impediment to women while the exact opposite is true
This Coming Weekend Marks 4 Years Since We Dumped Content Management Systems (CMSs) in Favour of Static Site Generators (SSGs)
the first page dated July 25
Slop's Latest Casualty: The Credibility of Linus Torvalds
If you care about millionaires and billionaires, follow Torvalds (he is already in that "club")
Techrights Will Become More Productive (More Output) Over Time
Big stories about to land
To Wikipedia, "Notability" is Just an Excuse to Hail People Who Serve Billionaires While Marginalising or Defaming the Rest
Wikipedia is an advertising space
Our Series About Solicitors Regulation Authority (SRA) and SLAPPs Will Resume Soon
Originally, in 2025, we gave ourselves 6 years (until 2031) to cover these issues, but we've seen since extended that to 10 years (until 2036) because of the amount of material we have
European Patent Office (EPO) Series: The EPO Transparency Gap
Despite the "European" tag in the organisation's name, the European Union has no jurisdiction over the European Patent Organisation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 20, 2026
IRC logs for Monday, July 20, 2026
Links 20/07/2026: Lashes for Songs in Iran, Kurdish Language at Risk
Links for the day
Gemini Links 21/07/2026: The Boss Baby (2017) and 2026 Old Computer Challenge Epilogue
Links for the day
Canonical Staff Acting Like They Aim to Receive Job Offers From Microsoft
There are moreover allegations that Debian will do the same, in the same way Mono boosters infected both distros in tandem or in turn.
Worsening Staff Affairs at Microsoft
Microsoft is managing to piss off many of its own workers
Czech Mate for GNU/Linux on the Way
Czechoslovakia is having none of that "peace for our time" with Microsoft
Nobody Will be Left Who Trusts IBM Anymore
The common theme is, the management must be completely replaced as soon as possible and truth needs to come out
Wall Street is a Bubble and No Company is Worth 5 Trillion Dollars
It's not hard to see which stocks will crash the hardest (or fastest)
The Corrupt Have Historically Tried to Paint Their Exposers as the Real Problem
As usual, there are efforts to shoot or muzzle the messenger
Search Engine Market Share in Italy: Microsoft Falls to Third in Many Countries Including Italy
Expect more layoffs in Bing
Links 20/07/2026: Spotify Drowning in Slop, Expiry of Software Patents in MPEG-4
Links for the day
Gemini Links 20/07/2026: Another Step Towards Owning Personal Data and Gemtext2 Envisioned
Links for the day
European Patent Office (EPO) Series: Public Missions and Private Ambitions
Despite the French government's strong formal pushback, the lobbying momentum generated by Campinos and Negrão proved unstoppable
"DOOM" and "Bloodbath": the State of Microsoft and XBox
Way to piss off fans
Karen Melchior Fought the Good Fight
stay tuned for Part 29
Links 20/07/2026: Notes on E-mail Encryption, Torvalds and His Employer Paid a Lot to Promote Slop (Pyramid Scheme)
Links for the day
What a Difference Six Years Make...
We are also beta-testing a new feature for the site; we plan to announce it some time soon
When It Comes to Slop, Richard Stallman is Opposite of Linus Torvalds
When it comes to computing, Dr. Stallman has long been a voice of reason
Daniel Pocock is in Mainstream Media This Week
Pocock's haters will absolutely hate this
In His Departure Post, Poul-Henning Kamp (phk) Explains Why Linus Torvalds is Full of "Hot Air" and Slop Bubbles
Having lived through previous bubbles as a UNIX geek, phk cannot be ignored
Whistleblowers Keep Flowing
Later today a police investigator should phone us regarding death threats we've received
We Need Less Gadgets, More Humanity
If people are being honest with themselves, many of the gadgets they claim they "cannot live without" are just excesses and distractions they could definitely leave behind
Technology and Gadgets Got Obese, Just Like Their Users
They now sell us so-called 'phones' for slop
Daniel Pocock in The Guardian This Morning
There is an opportunity here to spread a message, even if Pocock won't win a seat
"Samsung Recently Projected a 19-fold Surge in Second-Quarter Operating Profit", Now There Are Mass Layoffs
In a 9-month period Samsung's debt rose by about 80%
Gemini Links 20/07/2026: Dungeon Meshi/Undertale Crossover, "The Hitchhiker’s Guide to the Dark Web and Beyond"
Links for the day
IBM's Control of the Media "Just Showed What Taking Accountability Does Not Look Like"
It is no secret that IBM pays the media
Microsoft Loses XBox Lawsuit, But There Are More
The collapse of studios continues
GNU/Linux Approaching International Average in Djibouti
One can envisage further gains for GNU/Linux, seeing Microsoft is in such a bad shape
Daniel Pocock "[t]he Australian Taking on Nigel Farage — from Down Under"
This can help raise awareness of some issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 19, 2026
IRC logs for Sunday, July 19, 2026
Misleading Coverage in Slashdot Promotes and Openwashes Slop
Piggybacking RMS for the headline seems like a PR stunt of sorts
As Envisioned, a Rebellion and Many Whistleblowers at Microsoft
Whistleblowers ensure Microsoft has totally lost control of the "narrative" (face-saving PR)
Microsoft is a Right-Wing Company
Just remember that when people call Microsoft "woke"
GNU/Linux "Market Share" Rises to About a Quarter in Sudan
Can anyone explain to us why?
Gemini Links 19/07/2026: Visiting Ethiopia, Two Dreams, and Price of Skinnerboxes
Links for the day
Tears in IBM, Company Falls Apart While Management Fakes "Performance" to Take Bonuses
Wall Street is a naked emperor
Telling Our Story
In the coming years we'll have some high-impact stories to share and generally tell without fear of reprisal
Microsoft XBox Studio Leaders Upset at What the New CEO Did
From what we can gather, in 2024 XBox was already entering what's known as a "death spiral". Now it's literally moving down the drain/pipe.
IRC Started in Finland, GNU/Linux Did Not
History is like that
GNU/Linux Rises to 8% in Bhutan, Same as the International Average
Taking note of estimated GNU/Linux share in that country, we see it hovering around the international median/average this month
Links 19/07/2026: "The Voice of Google" and "Chinese Surveillance Tech a Threat to Privacy"
Links for the day
Keep Both Eyes on the Ball
At the moment we have six series running in parallel; two of them concern the EPO
'Journalists' Who Help IBM Cover Up Fraud
Journalistic malpractice
The "Modern Linux" Song
Join us now, make the kernel
XBox Layoffs Vastly Bigger Than Microsoft Told the Press, Microsoft Keeps Trying to Change the Subject
Many so-called "XBox fans" are no more
Microsoft Lost 1,200 Billion Dollars in "Market Value", Take a Look at What Happened to Windows
while Windows continues to fall unstoppably GNU/Linux is surging
Links 19/07/2026: People in China Are Buying Feelings and 404 Media Has Third Anniversary
Links for the day
Gemini Links 19/07/2026: Camping, Health, and Hardware
Links for the day
The State of Slopfarms
Slopfarms or LLM slopfarms are a menace and a problem on the Web
GNU/Linux Rising to 6% in Brunei
seventh in the world for GDP (PPP) per capita
Free Software is Like an 'Activist Movement'
People who argue strongly in favour of something (even very good things) will attract the wrath of those whom they oppose
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 18, 2026
IRC logs for Saturday, July 18, 2026