Bonum Certa Men Certa

European Patents Losing Their Appeal, Lustre and Glamour

Presumption of validity an elusive dream now

IAM on quality at EPO



Summary: Years of assaults on EPO staff -- including EPO judges -- have taken their toll and the quality of patents is nothing like it used to be

WHETHER it's Iancu (USPTO) or Campinos -- or his predecessor Battistelli -- the trend in Western patent offices isn't encouraging. For a little while, with Michelle Lee at the USPTO for example, there was a glimmer of hope. Will these offices quit their obsession with quantity? Will they focus on quality instead (not just mention the word "quality")?



"Patent maximalists are devaluing the patent pool and harming the perception associated with patents."Ask European patent examiners what they're seeing; they know patent quality is being reduced. Even recent court cases show that many European Patents are 'fake', e.g. SolarEdge. Fewer firms than before are writing a whole press release and paying to spread it just to say that the European Patent Office (EPO) -- with all its issues -- granted a monopoly; over the past few weeks if not month we found only one example of it [1, 2] (4 days ago).

Patent maximalists are devaluing the patent pool and harming the perception associated with patents. This new article ("The Rise Of Patent Wars In Europe's Gene Therapy Space") reminds us that monopolies on genetics are being granted by the EPO (patents that are in violation of the EPC, instructions from Parliament and so on). The part about these patents is behind the paywall and it's preceded by loads of hype and jingoism:

The gene therapy industry is in an exciting phase of growth, undergoing significant mergers and acquisitions activity, product sales and new marketing authorizations that are being issued with increasing regularity globally.

Recent reports have estimated that the market is likely to be almost four times its current value by 2025[1], with up to 20 new product approvals expected every year[2].

This rapid growth brings inevitable challenges. Significant issues relating to regulatory standards in manufacturing plants, establishing acceptable reimbursement policies and antitrust investigations are among a few.


There are now many patent disputes and law firms profit from these. Many of the underlying patents perish in courts (we've given several examples earlier this year). That's not really a problem for law firms because they profit regardless and days ago in Mondaq Marta Kawczynska (Polservice) was trying to 'sell' patent 'services', including at the EPO, citing the EPC which the EPO violates every day:

In accordance with the EPC, a European patent application may be filed by any natural or legal person, or by any equivalent to a legal person by virtue of its governing law. For the purposes of proceedings before the European Patent Office, the applicant is deemed to be entitled to exercise the right to the European patent. The application may be in the name of one applicant or joint applicants. The application may also be filed by two or more applicants designating different contracting states. It is possible that a first applicant may designate one group of contracting states and a second a different group of contracting states, while both applicants jointly designate a third group of contracting states.


It would be useful to be told about the rapidly-declining patent quality and low validity rates this entails. National patent offices (NPOs) likely provide much better services than the EPO, based on people who have worked with both. The way things are going, some time soon European Patents (EPs) will be synonymous with Invalid Patents (IPs). The EPO nowadays grants patents on animals, life, nature, plants, seeds, maths, and statistics. It's really ridiculous.

Incidentally, promoted in Lexology the other day was this article by UDL Intellectual Property's Terence Broderick, noting that "the EPO found that the documents could be passed without any legal barrier" in a case initially mentioned here a few weeks ago (it's regarding a trolling conglomerate with a pile of software patents wrongly granted in Europe). To quote:

This year, the European Patent Office (EPO) considered this exact point, examining the public availability of shared documents in the context of a disclosure which would prejudice the patentability of an invention.

The documents were produced as part of the MPEG standardisation process. Standardisation can often involve collaboration between organisations and the employees involved will often pass documents between each other without stopping to consider the confidentiality implications.

However, in this particular case, the EPO found that the documents could be passed without any legal barrier to individuals not bound by confidentiality. The documents were found to be publicly available as it was possible for them to be accessed by individuals not bound by an explicit confidentiality obligation.

So, if your employees are collaborating with others and sharing confidential information, you must ensure that all of the parties are bound by explicit obligations of confidentiality. Otherwise, you may find that one of your employees has accidentally invalidated one of your patents before it’s filed.


When it comes to lack of confidentiality, there have been vastly worse scenarios over this past year. The EPO just isn't acting like a law-abiding institution; it's hardly even trying. ⬆

Recent Techrights' Posts

Microsoft Demands That Staff Keeps Silent About the Mass Layoffs
Way to cause anger and ensure whistleblowers will go to the media
ITwire Became Slop and Spam
The site still exists, but it's not what it used to be
W3C Died 20 Years Ago, Now We Live in a Post-W3C Era. Linux Foundation is 'Slop Bros', Now Linux is Becoming Unfree.
Torvalds is on the same side as Epsteingate
Linux Kernel to Hide the Slop to Avoid Backlash, Suggestion Made by Former Microsoft Employee While Another Former Microsoft Employee is Worst Slopper/Culprit in Linux
Did Torvalds listen to slop antagonists?
Microsoft Shutdowns in Africa, Mass Layoffs Also Reported This Week
further shutdowns
 
IBM's Anderon is Like Theranos, But Will Anybody at IBM or Anderon Be Imprisoned for This Billion-Dollar Scam?
Will anyone ever be held accountable for it?
Microsoft XBox Won't Survive, Microsoft's CEO for This Perishing Business Turns to Slop
What the founder or father of XBox said about Asha Sharma earlier this year turns out to be accurate
Links 14/10/2026: So-called 'AI' Giants Go Bankrupt, "Military Will Hack the Election"
Links for the day
Indoor Season
we have more planned in order to improve navigation, accessibility, and workflows
Microsoft Has Had Mass Layoffs in Azure Every Year Since 2020 and the Bleeding Continues Because It Misreports Earnings There
This is a bad week for Microsoft
Microsoft's International Mass Layoffs (Asia, Europe, Africa), Now Vietnam
A crisis that Microsoft is unable to hide
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 13, 2026
IRC logs for Tuesday, October 13, 2026
Gemini Links 14/10/2026: Ceiling Fan, Fascism, Democracy, and Slop Being a Huge Bubble
Links for the day
Reports of Stress and Layoffs at Microsoft, Some People Laid Off Under the Guise of "Ban" (Gift From the Administration) and Many Sacked in India
"pip and gvsa" layoffs in India
We're Way Past the Point Where Companies Announce or Declare Mass Layoffs
Layoffs are becoming hidden
Solicitors Regulation Authority (SRA) Besieged by Blind Justice UK, Politicians Increasingly Involved
"Today we have written to Members of both Houses of Parliament"
Vance Has Helped Microsoft Implement Secret, Silent Layoffs
Nothing excites Microsoft more than means by which to discard many employees without an obligation to tell shareholders about it
To The Register MS, Microsoft is the Only Brand That's at the Main Menu!
Consider that the Editor of The Register MS is a longtime faithful Microsofter
Microsoft's Collapse Will Continue, It's Drowning in Debt Now
Expect many more mass layoffs
Legal Self-Sufficiency
The more impact our work has, the more legal bullying will come our way
Plans for Winter in Manchester and London
From many perspectives, we're satisfied with the certainty and robustness of UK hosting, it's just that we're not yet robust/resistant enough to DDoS attacks
Customer Support Experience in 2026
Because the customer is never right
Links 13/10/2026: More Plagiarism Lawsuit Over Slop and AirAsia Needs State Help
Links for the day
Intercontinental Brigading - Part II - An Outline of This Series
What's to come
Gemini Links 13/10/2026: Dopamine Nation, Planner and Fatigue, and Moderators
Links for the day
Links 13/10/2026: Norway Fines Microsoft and Cops Can Creep on Airbnb
Links for the day
When Computers "Expire" Because Certificates Expire
People who promote Restricted Boot are liars. They lie for a living.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 12, 2026
IRC logs for Monday, October 12, 2026
Gemini Links 13/10/2026: Modern Science, Joplin, Luddites, and Lots More
Links for the day
Mass Layoffs at Microsoft Again (October 2026), So-Called 'AI' Units Impacted Because Slop ('AI') Has No Real Future
So much for the future of Microsoft being "hey hi" (AI)
European Readers, Please Contact Representatives (in One's Nation) Attending the Administrative Council Meeting
Normalising cocaine in in Europe's largest institutions (the people running these) is a slippery slope
Network Plumbing
We hope it'll help speed things up
For Half a Year the European Patent Office (EPO), Europe's Second-Largest Institution, Has Had Water Problems in the Toilets
And it's not being fixed
Intercontinental Brigading - Part I - The Failed Attempt to 'Swat' Our Series About the Attacks and Crimes Committed Against Us
This coincided with threats to our lives
Links 12/10/2026: Strike on Riyadh and GOP Pays Voters ("Surprise $90 Social Security Payments")
Links for the day
Microsoft's XBox CEO Spoke of a "Return to Growth" Last Week, But XBox Sales Lowest in XBox History (Quarter of a Century)
Microsoft's XBox is dying. It's a countdown to nothingness.
Links 12/10/2026: Shopify (Slop Booster) Has Security Issues, "Russia’s Yandex Says Data Center in Vladimir Shut Down After Drone Attack"
Links for the day
"My Hands Are Shaking While Writing" About IBM's Mass Layoffs at Red Hat (Bluewashing)
Shame, shame, shame on the corporate media for not covering Red Hat's layoffs this year
Taking a Look at the Last Articles of Bob Cringely at Forbes, They Were All About IBM and Its Collapse
It's all about IBM
Microsoft Windows Causes Problems (and Delays) to LibreOffice and The Document Foundation
Nothing would please Microsoft more than Windows curtailing the development of LibreOffice and adoption of ODF
So Far This Year Microsoft Windows Lost a Lot of Ground in China, GNU/Linux Gaining at Its Expense
GNU/Linux will soon exceed 10%
Lessons of Margaret Hamilton (Software Engineer)
Stop abetting men who attack women in the sciences
RIP, Bob Cringely
He was too young to leave us, his articles were still brilliant and his mind as lucid as ever
What is "Computer Science"? It is What Broligarchs Reject.
Nowadays some people call themselves informal terms or made-up titles (with terms like "AI" or "big data" or "data" tossed into the mix)
Linus Torvalds Has a Conflict of Interest Regarding Slop
Linus Torvalds is paid by the slop pushers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 11, 2026
IRC logs for Sunday, October 11, 2026
Africa Sees GNU/Linux Exceeding 5% "Market Share"
It wasn't always like this. It used to be measured at 1 or 2 percent.
Brigading Against Women - Part XXVII - Americans and Public Executions
"People who work for Facebook / Xitter / Bytedance's Tiktok / Microsoft / Oracle / IBM / Apple / Uber / Lyft / Wolt / DoorDash / AirBnB / Bolt / and so on are doing some world-class projection when they have the audacity to call others Bad People(tm)"