Bonum Certa Men Certa

EPO Misuses Patent-Granting Powers to Help Litigation, Not Science

Future and present science students won't view the EPO as a friend and might not bother applying for patents

Science students



Summary: The number of patent applications is declining at the EPO; patents run down like water, 'diluting' the very concept of what a patent is and what it takes to get one (courts obviously throw out many of these patents, rendering them less desirable)

THE previous post spoke of how the European Patent Office (EPO) had lost sight of its mission. That's an understatement because "lost sight" sounds too passive, whereas in practice Battistelli and then Campinos actively demolish that mission, rendering the Office nothing but a money-making machine by breaking the law and misusing the authority given to the Office (granting monopolies).



A couple of days ago UKIPO was seen linking to the EPO's site, then (soon) to be retweeted by EPO itself. It said: "Come and join us and the @EPOorg at the @TheCIPA in #London on 27 or 28 Nov. We will be providing an update on our latest and upcoming online service developments. Sign up now via the registration form here: https://www.epo.org/learning-events/events/search/details.html?eventid=13812 … pic.twitter.com/vhFyw22UJY"

"The EPO now travels to another country with few European Patents for some photo ops..."Completely and totally inappropriate. CIPA is a front group of patent litigation, software patents and UPC etc. and if a patents-granting authority is in bed with it -- like the British patent office (UKIPO) might be too -- whose system is it? Who does it exist to serve?

The EPO now travels to another country with few European Patents for some photo ops ("EPO signs reinforced partnership agreement with Indonesia" (warning: epo.org link) was published before the weekend). Indonesia isn't of strategic interest to the EPO; same for Malaysia (recently). They export loads of palm oil to Europe (less so in recent years, perhaps owing to boycotts), but their patents are a drop in the ocean to the EPO. So why this?

EPO President António Campinos and the head of the Directorate General of Intellectual Property (DGIP) of Indonesia, Freddy Harris, signed a Memorandum of Understanding (MoU) on Reinforced Partnership between their two offices at the EPO in Munich yesterday. The agreement is a result of a longstanding and fruitful co-operation between the EPO and Indonesia going back to the 1990s, and builds on previous MoUs on technical co-operation, the last one having been implemented from 2014 to 2018.


That's Battistelli. The EPO soon retweeted some EUIPO nonsense about their so-called 'study' (we wrote many responses to this) and added: "Negotiation is the preferred way to solve potential infringement issues; litigation is regarded as a last resort."

"Does the EPO have real SMEs in mind or just trolls and law firms?"They had the audacity to add #IPforSMEs to it. By granting loads and loads of fake patents, however, the EPO allows offending parties to leverage false claims, resulting in frivolous litigation and the EPO's management is aware of it.

Does the EPO have real SMEs in mind or just trolls and law firms? Maybe the EPO and EUIPO can bribe a few more scholars to issue some lies ("studies") about SMEs -- lies by which to googlebomb the term and wash away the truthful information. As Benjamin Henrion put it: "Tuning the court system for SMEs is useless, as we don't have the finances nor the time to defend ourselves" (with appeals too the prices can reach millions of euros).

"The EPO violates the EPC every day. So why even pretend that it cares about it?"The EPO tweeted: "Ever thought of waiving a further communication under Rule 71(3) EPC? Find out when you might want to..."

The EPO violates the EPC every day. So why even pretend that it cares about it? EPO management views the EPC as nothing but an obstacle, an obstruction to be worked around by cheating.

Rose Hughes (AstraZeneca) has meanwhile remarked on T 1299/15 -- a case that we mentioned here before. It concerned burden of proof and Hughes uses the typical, bogus narrative in which bogus patents being questioned is an "attack" (but not the party suing or blackmailing another). To quote:

The legal reasoning in this decision is similar to that of T 63/06, in which the opponent was able to shift the burden of proof with regards to the sufficiency to the patentee. In T 63/06 the Board found that the patentee was relying on only a weak presumption that the invention was sufficiently disclosed. The opponent was successfully able to shift the burden of proof by arguing that the skilled person would have difficult in putting the invention into practice.

The recent case T 1299/15 is similarly a reminder that insufficiency attacks may be applicable even to the mechanical field. As is often the case with insufficiency disputes, the issue of how much work would need to be done by the skilled person (and whether inventive endeavour would be required) was a key issue. Following on from this, if the patentee has not provided an embodiment of the claimed invention, the burden of proof is shifted to the patentee if there is serious doubt that a skilled person could perform the invention without inventive skill.


Hughes could point out, as IP Kat did before it got corrupted (several notable changes), that EPO Boards of Appeal still lack independence as EPO violates the EPC, rendering these decisions constitutionally invalid or at best questionable. Not the judges' fault by the way; they're besieged by corrupt Office management.

"Not the judges' fault by the way; they're besieged by corrupt Office management."Last but not least, will these boards soon approve yet another type of software patents? The President of the Office already pressures the judges in that direction and he also referred to them the ridiculous question as to whether the EPO can grant fake patents on life and nature in defiance of the law. This is about corporations stealing from nature, claiming a monopoly over our bodies. How far will patent scope bend for the EPO to fake 'production' (essentially by granting invalid patents)? This new press release says that "Cellectis Wins Patent Challenge in Europe for a Method Using CRISPR-Cas9 for Gene Editing in T-Cells" and the EPO's mouthpiece IAM (its main mouthpiece for patents on life, Adam Houldsworth) has published "Shorter EPO opposition process requires new approaches from life sciences patentees" -- the latest in a string of such 'reports' from patent maximalists. This is the patent trolls' lobby celebrating fake patents on life (it's almost certain courts would throw these out), granted only because patent examiners and those responsible for oppositions aren't given enough time to (re)evaluate. They also lack freedom; all they have is "quotas" or "targets".

Recent Techrights' Posts

Yes, Microsoft is the Problem
"I am no MS shill."
Another Failed Use Case for Chatbots (LLM): Legal Advice and Analysis
They're just some self-discrediting toy that costs way too much to operate
Nonfree Software in My Bank, by Richard Stallman
Updated 8 hours ago
 
Someone Should Remind Microsoft Lunduke That Microsoft Hires Many Sexual Criminals and Pedophiles as Well
Microsoft Lunduke on an "expedition" to find one or more perverts, then generalise to everyone in the "community"
Cash Machines (ATMs) Make Mistakes and They're Proprietary Software
Correcting mistakes is a colossal challenge
We Cover Topics Other Sites Are Too Afraid to Cover (Even When They Know the Facts)
It's not that they doubt the truth, they just realise there may be consequences for talking about it
They Try to Tell Us the Free Software Foundation Inc is Dying, But Its Revenue Doubled Since the Dot-Com Bubble Burst
Being in "Activism" is never easy; but it does positive things for society
It's About the Cost of Workers, Not the Fictional Skills Shortage (That Does Not Exist, the Media Spreads False and Sometimes Self-Fulfilling Narratives)
This issue isn't limited to computing, some dub it "globalism"
Links 29/07/2025: More Pushbacks Against Slop and More Praises of Tom Lehrer
Links for the day
Gemini Links 29/07/2025: Purple Yarrow and Understanding Op Amps
Links for the day
This Monday WebProNews Absolutely Flooded the Web With Fake (LLM Slop) 'Articles' About "Linux", Google News Promoted Them as Legitimate
All of the following are fake articles attributed to pseudonyms or authors that don't exist; the images are also slop. Why does Google promote these?
Linuxiac is Not a Slopfarm, But at Least Some of Its Articles Are Machine-Generated Fakes
what we said about it was correct
Expect More Microsoft Layoffs
"Are more job cuts coming?"
Microsoft Behaving Like It's Running Out of Money to Pay Salaries
Does that seem like the behaviour expected from a company which claims it is "worth" trillions?
LWN Downtime Due to Linode, Not LLM Bots
"I’ve received an email letting me know that there is a potential for data loss."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 28, 2025
IRC logs for Monday, July 28, 2025
Links 28/07/2025: Science, Health, and Conflicts
Links for the day
Gemini Links 28/07/2025: Healthy Self-Image With Autism and a "New Life"
Links for the day
Links 28/07/2025: COVID-19 Sped up Brain Aging, "Circumvention is More Popular Than Compliance"
Links for the day
Richard Stallman is Usually Right Because He Thinks "Outside the Box"
he is able to observe society (mores and norms) as somewhat of an outsider
LWN Has Been Down for a Long Time, Another Casualty of LLM Bots?
Time will tell. How much time though?
Slopfarms Versus 'Linux' (and Against People Who Write Real Articles About GNU/Linux)
LLM slop in slopfarms by Brian Fagioli and Redazione RHC
Gemini Links 28/07/2025: Bila Yarrudhanggalangdhuray and Running pkgsrc in a FreeBSD Jail
Links for the day
Microsoft Turns News Sites Into Spamfarms
Is the site The Register MS the next IDG?
The Register MS/The Register US
On Saturday I contacted them for a comment (before issuing criticism)
Hacking revelations at Vatican Jubilee of Digital Missionaries
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 27, 2025
IRC logs for Sunday, July 27, 2025
The Week to Come
Planning ahead
LLM Slop Has Only Been a Boon for Misinformation Online
The very same companies that were supposed to maintain quality (again, not limited to Google with PageRank) are now actively participating in generating and spreading slop
When They Tell You It's Free, Does That Mean No Charges (If So, Who's Paying and Why)?
there's "no free lunch"
We're Going to Focus Less on the Molotov Cocktail-Throwing Microsofters and More on Patents
We can get back to focusing on what we wanted to focus on all along
Just Trying to Keep Web Sites Honest (Journalistic Integrity)
the latest articles in LinuxIac are real
Links 27/07/2025: Political Affairs, Data Breaches, Attacks on Freedom of the Press
Links for the day
Gemini Links 27/07/2025: Hot in Japan and Terminal Escape Codes
Links for the day
Links 27/07/2025: More Microsoft Layoffs Coming, Science and Hardware News
Links for the day
Links 27/07/2025: FSF Hackathon and "Hulk Hogan Was a Very Bad Man"
Links for the day
Gemini Links 27/07/2025: DAW Mixer Chains and Simple Software
Links for the day
The Register MS is Inventing or Giving Air Time to New Conspiracy Theories so as to Distort the Narrative As High-Profile Agencies Fall Prey to Microsoft Holes
But the problem is holes, i.e. Microsoft making bad products; the problem is Microsoft
Most Editors at The Register Are American, Including the Editor in Chief, a Decade-Long Microsoft Stenographer (Writing Prose to Sell Microsoft)
It's not easy to tell where the site is based (we tried) because it's hiding behind ClownFlare and CrimeFlare hasn't been well lately
Pushers of systemd Rewrite History (Richard Stallman Said UNIX "Was Portable and Seemed Fairly Clean")
Unlike systemd
"New Techrights" Soon Turns 2 (A Few Days Before the FSF Turns 40)
We have a lot more to say about LLM bots
When Silence Says So Much
Garrett, a 'secure' boot pusher, will need to defend himself in the UK High Court
The Register in Trouble
There is not much that can be done at this point
Trajectory of The Register: From News Site/s Into "B2B"... and Into Microsoft Salespeople
Something isn't right at The Register
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 26, 2025
IRC logs for Saturday, July 26, 2025
Misinformation in Social Control Media
Social control media passes around all sorts of tropes
Slopwatch: Fake Linux 'Articles' and Slopfarms With "Linux" in Their Names/Domains
throwing bots at "Linux" to make some fake articles