Bonum Certa Men Certa

The European Patent Office (EPO) Ought to Lead in Patent Scope, Not Slide to the Bottom of the Pile

What good is patent examination that does not (or cannot, due to lack of time) assess underlying evidence and just rubber-stamps almost everything?

Three monkeys



Summary: The United States is getting tougher on the same sorts of patents that the EPO under Battistelli is extremely eager to grant -- all in the name of so-called (fake) 'production'

HAVING closely watched and written about the patent systems since my early twenties (even before Techrights existed), I'm genuinely worried to see the EPO -- once the world's best patent office (based on several criteria) -- becoming even worse than the USPTO (historically notorious, especially since the Reagan years when policy was changed). The Patent Trial and Appeal Board (PTAB) is a growing force at the USPTO, whereas the EPO's equivalent (the appeal boards) is being marginalised. There are many ways by which to measure this marginalisation. It's more like sabotage by the Office, which is in principle supposed to be completely isolated from the boards; the boards should be untouchable in order to assure independence of judges (and freedom to rule as they see fit, based on underlying laws, evidence/prior art, the EPC and so on).

"The Patent Trial and Appeal Board (PTAB) is a growing force at the USPTO, whereas the EPO's equivalent (the appeal boards) is being marginalised."One of two areas we've always campaigned in is what we refer to as "patents as life" (there are other terms that can be used). Anticipat, a site which markets some products/services by bashing PTAB, has this new post today. It's actually a couple of days old (but only showed up today) and it speaks of the PatCon8 conference, noting that the "State of Patent-Eligibility of Medical Diagnostics [is] Not Good" (in the US).

It's good actually. Very good. No such patents should be permitted and many are indeed being denied. The USPTO has gotten tougher and early assessments suggest that the number of granted US patents -- not to be mistaken for patent applications -- will have declined by year's end (which is not necessarily a bad thing, for constant expansion in monopoly power isn't desirable). "The eighth annual PatCon hosted by the University of San Diego School of Law," Anticipat wrote on Tuesday, "included a wide range of speakers and presentations. Perhaps due to the largely academic audience, participants openly disagreed on various points. But one point had almost universal consensus: patenting medical diagnostics in the US is very bleak due to patent-eligibility. And it’s unlikely to change any time soon."

"The USPTO has gotten tougher and early assessments suggest that the number of granted US patents -- not to be mistaken for patent applications -- will have declined by year's end (which is not necessarily a bad thing, for constant expansion in monopoly power isn't desirable)."Good.

We recently wrote an article about the "cancer" which is patents on treatments (typically mere processes, not an invention) and the concept of "life sciences" as a Trojan horse for patenting things like genetics (nature's 'invention', not a human invention, maybe just an explanation/revelation/reverse-engineering by humans).

The EPO was recently denying patents on CRISPR. These patents on life are laughable and should be voided so as to avoid going down the slippery slope of making DNA as a whole some corporations' 'property'. Hours ago a site dedicated to advocacy of patents on life (or "life sciences") wrote about the ERS Genomics patent (we wrote about this exactly one week ago). This is what it said:

The European Patent Office (EPO) has granted a second CRISPR/Cas9 patent to a specialist genomics company, one month after revoking the Broad Institute of Harvard and MIT’s patent relating to the technology.

[...]

The EPO’s granting of Charpentier’s second CRISPR patent came a month after it revoked a CRISPR patent (2,771,468) owned by the Broad Institute.


Will consistency/clarity come from the appeal boards (Boards of Appeal)? Will they be able to rule independently?

"We have never seen even a single European programmer defending software patents."As we noted this morning, the Boards of Appeal were unable to rule properly (e.g. in lieu with the EPC and European Parliment) on software patents and one of their judges got put on a "house ban" shortly after he had vetoed a software patent of a company close to the EPO.

The "EPO annual report has replaced software patents by "4th Industrial Revolution" buzzword," Benjamin Henrion wrote an hour ago. "4th Industrial Revolution" means software patents, I've reminded him, by IAM's and Battistelli's (almost conjoined) own admission. Where will the EPO put the barrier to patenting? Should we accept that mere concepts (like algorithms, not even code) or code of life are patent-eligible in order to artificially inflate the number of granted monopolies? Where would that leave public health and programmers? At the hands of vicious law firms like pretty much every single European advocate of software patents? We have never seen even a single European programmer defending software patents. Never.

Recent Techrights' Posts

Gemini Links 26/05/2026: A Year of Composting, Fedora Bricks Itself and Infuriates Users With Slop and Wayland (Not What Users Want, What IBM Wants), Crawlers on Geminispace a Nuisance
Links for the day
Good Thing When Home Appliances Are Ancient Antiques
dealing with the alarm has cost only time
The Bloating of the Web Contributes to Global Warming and Causes Burnout (Slowdown, Hardware Erosion, Waste)
This problem isn't limited to weather sites or subsites
Why It's Ludicrous to Call Us "Microsoft Haters"
Even if clustered together, news items still cover a broad spectrum (or spectra) of issues
The Old Ways of Computing Were Objectively Better
Not as fast, but certainly much better
 
Red Hat: Bluewashing by IBM, Followed by RAs (Layoffs)
We could use some hints or evidence related to this
Links 26/05/2026: "Making the Digital Physical"; "The Medical System Abandons Women When They Are Most Vulnerable"
Links for the day
While US Government Greenlights (or Bluelights) Bailouts for IBM Some Foreign Governments Blacklist It
"Albany leadership doesn’t know what they are doing but are damn good at pretending they do."
IBM Bailouts and the IBM People Inside the Administration
It seems possible/plausible that it is bailout money down the drain or that this money will never arrive at all
Links 26/05/2026: Lithium Batteries Causing Fires (Even on Planes), 'Timmy' the Whale Dies
Links for the day
Pursuing Facts in an Age of Lies and 'Hallucinations' (Falsehoods Without Anyone Accountable, They Try Calling Computer-Generated Lies or Forgeries "Intelligence").
Our aim is to relay information while bypassing gossip networks like social control media and slop in "search" clothing
Computer-Generated Legal Filings Get You Reported to the Solicitors Regulation Authority (SRA)
We'll write a lot more about this in the future
EPO "Cocaine Communication Manager" - Part XII - In the Second-Largest Institution in Europe One Can Take Paid 'Sick Leave' for Doing Cocaine, Then Come Back
Cocaine addicts in the management were bullying colleagues. They're still in charge.
Sites in Their Twenties
We currently run concurrently a handful of series and have a lot more in the backlog
SLAPP Censorship - Part 88 Out of 200: Brett Wilson LLP is Defaming Trans People in America Because Garrett Pays Hired Guns to Silence Them
Garrett is scoring many own goals this year
Sloppy "Resource Action," (RA) or IBM Layoff, Leads to Another IBM Lawsuit, Alleging IBM Tries to Pass Liability to Algorithms
IBM is meanwhile resorting to slop to gaslight its remaining shareholders
The Latest IBM Layoff Rumours
What has happened to the company that invented so much of modern computing?
Holy See Recognises the Threat of GAFAM and Slop
Will the Holy See move away from GAFAM?
Social Control Media is a Giant Waste of Time (and There Are No Future Remedies for This)
Social Control Media is considered unhealthy to young people, but it is also collectively unhealthy to nations and nation-building
Codecs and Software Patents - Part X - Florian Müller Still Muddying the Waters for FOSS, Using Software Patents
Some things never change...
Gemini Links 26/05/2026: Slop Bug Reports and Crawlers Considered Evil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 25, 2026
IRC logs for Monday, May 25, 2026
Slop Causes Global Warming
in some parts of the world people die from overheat (heat strokes) as temperatures reach almost 50 degrees as early as May in the northern hemisphere
Vatican Speaks Out Against Slop, Promoting Instead "Truth, Dignity of Work, Social Justice, and Peace."
Religion (no matter which) does not oppose machines, but LLMs aren't useful machines
SLAPP Censorship - Part 87 Out of 200: Access to Justice
this part will be short
A Promise IBM/Red Hat Could Not Keep
"all about control, not so much optics."
Links 25/05/2026: Russia Lobbing Oreshnik Ballistic Missile Again, Slop Comes Under More Fire
Links for the day
Gemini Links 25/05/2026: Injury in Gym and Abusive LLMs DDoSing Software Developers While Misusing Their Code
Links for the day
A 'Bank Holiday' When National Debt Doubles in a Decade
Maybe it's time to rename "Bank Holidays"
Links 25/05/2026: Lingering Environmental Concerns and Domain Registrars Targeted for Unmasking
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 24, 2026
IRC logs for Sunday, May 24, 2026
Gemini Links 24/05/2026: Impressions of Auckland, the Age of Left or Right Extremism, and .zim files
Links for the day
Microsoft's 'Hiring Freeze' (Layoffs) and Salary Freeze (While Inflation Approaches Double-Digit Rates)
If they get replaced by anyone, it'll be low-paid folks in low-salary regions [...] workers' stress levels shoot up, compensation goes down
Slop Will Not End Humanity, The Pushers of It Do (Artificial Scarcities and Global Warming)
Causing hunger and poverty in the name of "computation"
How Can the 'Broligarchs' Love Us When They Don't Even Love Themselves?
Their SLAPPs have their limits
Death at IBM Due to Overwork
Dying for IBM is never worth it
We Publish Less, We Get More Exposure
UbuntuPit is coming to realise that quantity isn't what comes to matter or truly "count", especially when quantity comes at expense of authenticity
Codecs and Software Patents - Part IX - GNU Project Has Chosen to Adopt AV1 for Its Videos, Conversion and Additions Underway
One of our readers is working to help GNU through the maze of software patents and maze of patent lawsuits, which aren't the same thing but are somewhat overlapping issues
SLAPP Censorship - Part 86 Out of 200: The Position of Courts on Computer-Generated Lawsuits and Filings From Another Continent (Made by Two Men Who Work for Slop Companies)
Lawsuits by proxy from California
Links 24/05/2026: SoftBank CEO Getting Conned by Scam Altman, Hotter 2026 and El Nino With Growing Impact
Links for the day
Links 24/05/2026: Ebola Outbreak and "Journalists Identify Murder Victims Of Trump’s Boat Strike Program"
Links for the day
IAM Magazine is in Effect Dead, It's Now Fused Into Microsoft's Patent Troll (Which It Has Promoted All Along)
Microsoft-connected patent trolls in Europe [...] Now, in his new job, Wild can use his 'expertise' to help guide blackmail/extortion to better harm Europe's industry
A Huge Proportion of 'Articles' in The Register MS Are Actually Paid Spam of the Communist Party of China, Selling Compromised (for Wiretapping) Technology
The Register MS is having a go at becoming a marketing company or "B2B"
Top Officials Have Just Left Microsoft, Layoffs in Anything But Name
Microsoft's debt is very fast-growing
Local Staff Committee The Hague (LSCTH) Meets "Alicante Mafia" at the European Patent Office (EPO)
Report on meeting with VP1 and his team on 21 April 2026
UbuntuPit (ubuntupit.com) Has Deleted Slop Pages, Its Slopfarm Experiment Has Failed (Like Always!)
Turning one's site into a slopfarm is a death knell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 23, 2026
IRC logs for Saturday, May 23, 2026