Bonum Certa Men Certa

Media Reactions to the EPO Coming to Grips With Fake Patents That It Granted (Spoiler: the Media is Controlled by Lawyers of Monopolists and EPO Partners)



Invalid Patents (IPs) or European Patents (EPs)? Let the spin begin...


'Free' propaganda



Summary: Appalling quality of reporting and truly awful bias in the media, primarily owing to the fact that it is dominated/manned not by actual reporters but the firms looking to patent life itself; they use their lawyers and operatives who are literally funded by these lawyers (wearing "journalist" badges to mislead)

TODAY'S European Patent Office (EPO) repeats all the same mistakes made by the U.S. Patent and Trademark Office (USPTO), which celebrates reduced patent quality this week (it's all over the news and in our Daily Links too).



Non-scientists like António Campinos and Battistelli want us to believe that "success" means more patents and vice versa, neglecting -- perhaps intentionally -- to take account of what patents actually are. Iancu flagrantly snubs 35 U.S.C. €§ 101 and Campinos happily violates the EPC when he lobbies judges to allow software patents in Europe.

"When they say "inventions in the field of AI" they mean algorithms. They mean code with some logic in it."World Intellectual Property Review (WIPR), a mouthpiece of the EPO (it wasn't always like that, but staff changed), has just parroted the puff piece of Campinos, Iancu and others. They're pushing the "hey hi" (AI) nonsense. To quote: "The aim is to pinpoint which areas can most benefit from joint IP5 responses, ranging from employing AI to improve the patent grant process, to applying the patentability requirements to inventions in the field of AI, and handling applications for inventions created by machines."

When they say "inventions in the field of AI" they mean algorithms. They mean code with some logic in it.

But let's brush aside the whole controversy about those abstract patents and focus on what happened in Munich Haar last week. Many EPO patents that had been illegally granted on nature and life came under scrutiny. A large portion of these patents and all CRISPR ones have just been rendered worthless and the EPO still says nothing about it. It is a lying institution that deserves no respect.

Did it speak about it yesterday? Nope. Instead this: "Want to know what can be patented in #biotech? Join us for this event in Zurich" (it did the same around the time of the above decision).

So the EPO is happy to lie when it needs to distract from its law-breaking. When law-breaking becomes more visible the EPO says nothing. As we noted earlier this week, this CRISPR patent battle was only covered by monopolists and their mouthpieces. There has been virtually no journalism about this. Quickly came IAM out of the gate, with its Life [sic] sciences [sic] reporter [sic] Adam Houldsworth, basically a lobbyist for the monopolisers of life and nature (they pay him for it).

Then there was BioNews (UK), where Dr Yvonne Collins wrote:



The European Patent Office (EPO) announced that it will uphold an earlier ruling to retract a key CRISPR/Cas9 genome editing patent held by the Broad Institute of Harvard and MIT, Massachusetts.

The EPO Board of Appeal reversed its earlier decision to refer the case to a higher panel, and stated that it would uphold the 2018 ruling of the EPO's Opposition Division to cancel the Broad Institute's patent for failing to prove novelty and a valid priority claim.

The EPO panel concluded that:

'This prior art became relevant because the opposition division did not acknowledge the patentee's claim to priority from a US provisional application naming more applicants than the subsequent PCT application [Patent Cooperation Treaty application- this is the application that was made to the EPO] from which [the patent] is derived. Since the omitted applicant had not transferred his rights to the applicants of the PCT application the priority claim was considered invalid.'


Mondaq, a propaganda outlet of law firms (connected to IAM), is still posting nothing balanced at all. Aside from this latest litigation jingoism from Francois Pochart, Elodie Bardon and Lionel Martin (August Debouzy) it posted "Broad's CRISPR/Cas9 Patent EP2771468 Revoked By The European Patent Office" by Lisa A. Haile. Check affiliation. To quote:

In the ongoing CRISPR patent battle, after four days of oral arguments, it was announced today that the European Patent Office's (EPO) Technical Board of Appeal (Board) upheld the earlier EPO Opposition Division ruling from January 2018, stating that Broad Institute's European patent EP2771468 is not novel and therefore fully revoked.

The Board confirmed the prior decision, finding that all claims of the Broad Institute's patent for gene editing were invalid because the Broad Institute was not entitled to its earliest priority dates and therefore the claims lacked novelty in light of prior art. Thus, all claims of the Broad Institute's patent remain fully revoked and the Opposition Division's decision to revoke the patent is now final.


Where are the non-lawyers? This whole thing was mentioned by almost no scientists. The case was followed closely and subjectively by an attorney from AstraZeneca at IP Kat and yesterday we saw this article about AstraZeneca leveraging dubious European Patents against generics:

AstraZeneca is the holder of European Patents EP1250138 (EP'138) and EP2266573 (EP'573), which claim an intramuscular formulation of fulvestrant for the treatment of breast cancer. EP'573 is a divisional of EP'138 and both patents will expire on 8 January 2021.

AstraZeneca is also the holder of Patent EP1272195 (EP'195), which claims the use of fulvestrant for the treatment of a sub-type of breast cancer patients. This patent expires on 2 April 2021.

In July 2017 AstraZeneca sued Teva for alleged infringement of the formulation patents EP'138 and EP'573. It also requested and was granted an ex parte preliminary injunction. In January 2018 AstraZeneca sued ratiopharm for infringement of the same patents, plus use patent EP'195.

In parallel, in May 2017 the European Patent Office (EPO) Opposition Division revoked the divisional EP'573 due to lack of inventive step; AstraZeneca's subsequent appeal was pending.


We're still trying hard to find an actual investigation of what's at stake, but it's Googlebombed to death by lawyers of monopolists striving to 'own' all lives and nature. Misfiled under "European Union" was this piece by Christopher Wilkins (Dehns, Team UPC) entitled "CRISPR Patent Portfolio Edited: The Broad Institute Has Lost Its Appeal On A Key CRISPR Patent In Europe..."

"As I have discussed previously here," he said in a blindly promotional fashion, "CRISPR-based techniques have revolutionized the field of gene editing in recent years. The Broad Institute is at the forefront of this technology and holds many of the original patents. However, the validity of some of those patents has been challenged at the European Patent Office (EPO) and developments this week are a blow to the Broad Institute's patent coverage in Europe."

So what? Are they your client? Or similar to them?

Speaking of the misfiling under "European Union", this morning Benjamin Henrion wrote: "Still no answer on why the EPO, who will grant the Unitary Patent, is still not following the "rule of law" principle, and cannot be taken to court for maladministration."

How come the EU's rules are being ignored by the EPO? Need it be mentioned that the Unitary Patent is an EU system?

Can the EPO persist in this existence without any oversight whatsoever? This morning the EPO tweeted about its close connections to the EUIPO (EU), but later they tell us that the EPO has nothing to do with the EU.

It might also not help the EPO that the title "SeaTwirl Gets EU Patent" has just been published (along with "European Patent Office Nods to SeaTwirl"). Too many still think that EPO is EU (even applicants and journalists). The EU had already said "no" to such patents (patents like CRISPR) a long time ago, including last summer, but the EPO carried on ignoring it.

Recent Techrights' Posts

Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
 
Links 10/08/2025: Webrings, “AI Sunglasses” and “AI Eyeglasses”, US Administration Intensifies Attacks on Science and Research
Links for the day
Sometimes Newer is Worse
We generally need to reject this dumb notion that "old" means bad
The Code Used to Make Techrights Fits on a Seventh of a Floppy Disk (or 100KB When Compressed)
For the sake of comparison I've just downloaded the latest version of WordPress. The ZIP file is 27.2MB in size, or ~27,200KB.
What They Tell Young Programmers
Coding in 2025
Simpler is Better When Simple is Enough
Over-complicating things to "sell" new versions is so 1990s
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day