Bonum Certa Men Certa

The Biased EPO Does Not Want to Hear From Anyone Except Those Who Pay the EPO

The EPO nowadays resembles the worst of cults [1, 2]

Wikileaks on Scientology



Wikileaks on Scientology and DNC



Summary: The EPO's corruption and violations of the law are a threat to everyone in the world; the EPO only ever listens to those who pay for "access" or those who embrace the "religion" of the EPO

THE EPC does not matter to the European Patent Office (EPO); it is routinely being violated or 'danced around', just like 35 U.S.C. €§ 101 in today's USPTO. António Campinos hasn't blogged in months, but his most recent blog posts advocate software patents in Europe. They disguise that using familiar buzzwords. In addition, Campinos is ignoring clear directions from European politicians by allowing patents on nature and life, not just maths. It's outrageous.



Patent quality (or scope of patenting) does not seem matter when offices knowingly grant so many patents which they know to be fake patent monopolies (not in compliance with the EPC) that merely attack the innocent and enrich lawyers. Today's EPO has gotten so badly-behaved and so utterly out of touch with the law (it breaks many laws routinely and casually) that it is granting patents on plants, seeds (yes, it's as bad as that sounds) and algorithms.

"ZBM Patents & Trademarks" (i.e. the patent microcosm) published "EPO Plant patentability" in Lexology the other day. It's the same old controversy:

Decisions G2/12 and G2/13 of the Enlarged Board of Appeal (EBA) of the EPO (Tomatoes II and Broccoli II) allowed the protection of plants per se…


EBA is not independent (from the Office President), unlike those other rulings that tackled this issue. Over at Mondaq, another site of patent maximalists, Matthew Handley (Venner Shipley LLP) has just spoken of the EPO "President's decision to refer the matter to the EBA," saying it "is highly controversial and has been widely criticised."

By who? It's not as controversial as patents on nature. To quote Handley's article:

The President of the European Patent Office (EPO) has submitted questions to the Enlarged Board of Appeal (EBA) which relate to the patentability of plants exclusively obtained by essentially biological processes and to T1063/18, a Technical Board of Appeal decision of December 2018.

In T1063/18, the Appeal Board disregarded an amendment to Rule 28(2) EPC, thereby undoing what was effectively an amendment to the Implementing Regulations to the Convention on the Grant of European Patents initiated by the European Union (EU). This decision has been widely seen as underlining the independence of the EPO's Boards of Appeal from the EU, an important and timely reminder for everyone grappling with the impact of Brexit on IP in Europe.

The President's decision to refer the matter to the EBA is highly controversial and has been widely criticised. The referral is described by the President as being necessary to restore legal certainty, but commentators have argued that rather than alleviating uncertainty, the President is adding to it by asking the EBA to revisit a question that they have already considered.

The decision issued in T1063/18 was an appeal against an Examining Division objection under amended Rule 28(2) EPC. The amendment to Rule 28(2) EPC was deemed void and the application, relating to pepper plants with improved nutritional value, was remitted to the Examining Division for further prosecution.

[...]

Nevertheless, the decision of T1063/18 was very warmly received by applicants in this field and news of the President's referral will be of concern to companies that filed European patent applications based on the G2/12 and G2/13 decisions, and generally to patent applicants in the European agricultural sector. In the meantime, however, the EPO has returned to granting patents in respect of plants or animals exclusively obtained by means of an essentially biological process. It is also worth emphasising that plants and plant material obtained by a technical process are unquestionably patentable.

It is not clear when the EBA will decide on the President's referral, but in the meantime it is worth noting that the decision in T1063/18, and the President's subsequent referral to the EPO's Enlarged Board of Appeal, sends a clear signal that it is the EPO's Appeal Boards that decide how to interpret the European Patent Convention for the purpose of granting patents, and not the EU or individual national governments.


Handley's colleague, also in Mondaq, has just promoted patents on maths. Paul Misselbrook (Venner Shipley LLP) uses ridiculous buzzwords like "Smart Patents" and latches onto another buzzword/phrase, "4IR" (sometimes "Industry 4.0" instead), which EPO made up, spread (e.g. by paying large German publishers), then exploited in order to grant illegal European patents on software. As if a "revolution" is upon us, hence we must welcome abstract patents.

To quote:

The patent system is credited as the crucial legal foundation from which the first industrial revolution was built. Milestone inventions such as the steam engine, power looms, the Cotton Gin and many more were all granted patent protection and by providing manufacturers with legal rights to prevent copying, innovation and industry flourished.


Using words like "revolution" he's equating/associating software with things like "the steam engine". This is the kind of propaganda the EPO likes to see.

Yesterday the EPO published this nonsense (warning: epo.org link) titled "Search Matters 2019: Insight for searchers and patent information professionals focuses on AI" (when the EPO says "AI" it typically means software patents which are not legal but are granted anyway, even in clear defiance of the laws of Europe). To quote:

The EPO has held its annual Search Matters conference at its headquarters in Munich. The three day event, which has run for 31 consecutive years, offered training to patent search professionals from around the world. The programme focussed heavily on search strategies and techniques used by the Office.

The event was multi-faceted and comprised various learning formats, including at-the-desk sessions, interactive workshops as well as plenary lectures provided by EPO examiners and external experts. For the first time in the history of Search Matters, the programme featured a panel discussion that delved deeper into artificial intelligence (AI) and its implications in searching.


This echo chamber focused on "AI" in the context of search rather than patenting, but usually -- as per prior events -- they intentionally conflate the two.

We have meanwhile learned that the EPO isn't really interested in what the public has to say. And as this leak proved 4 years ago, you need to be a billionaire for the EPO to change the whole system for you.

"Trying to submit a contribution to the public consultation which ends today," Benjamin Henrion (FFII) wrote yesterday after the EPO had stated: "It's your last chance to give us your feedback on our draft Strategic Plan 2023. Take the opportunity to share your thoughts with us..."

"EPO's 2023 consultation is already biased," Henrion wrote, "simply in the list of categories, there is no space for a simple "company", I am forced to pick the box "other", as they maybe consider that all companies are "patent applicant: company" [...] Last day to participate in the EPO public consultation, who is pushing for the extension of its toxic software patents to other parts of the globe..."

The EPO "does not want your opinion unless you're biased," I told him. It is literally paying people for opinions that favour its agenda and blocking critical voices. The EPO has blocked Techrights (since 2014 we believe) because it provides true, accurate information which the EPO does not want people to have access to. It's like a cult. Scientology warns people to not even consider opinions other than its own (or be punished for it). The very act of reading/assessing/searching for refutation is treated as an offense.

"When a multiple "choice" sheet feels like you're in the GDR," he wrote, "it's the @EPOorg."

Here's what he showed:

Biased EPO



He has meanwhile added: "It seems the "Open Source Ecology eV" is gone now from the template of EPO's public consultation..." (a day after we mentioned it)

Recent Techrights' Posts

Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
 
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025
Slopwatch: Fake Articles, Fake Text, Fake Images, Negative Slant on "Linux"
Google News has lost its value; the signal-to-noise ratio has fallen off a cliff
Gemini Links 17/09/2025: Relax-and-Recover on Proxmox and New Smolweb File Transfer Service
Links for the day
Fact: EFF Got Corrupted by Corporate Money. Microsoft Lunduke (Political Noise): The Issue With EFF is, It Kills Babies.
Microsoft Lunduke - as usual - finds a way to make it about abortions
Pacing Publication Up a Bit
The news cycles have gotten rather light and slow
Links 17/09/2025: Power Outages, Digital Controls, and Attacks on the Mainstream Media (by Insecure and Corrupt Dictators)
Links for the day
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day
Slopwatch: Google News is Slop, Google News is Plagiarism, Google News is Dying
Google is off the rails
Links 16/09/2025: "The Censorship Alarm Is Ringing in the Wrong Direction" and ASRock Does Microsoft E.E.E. on GNU/Linux
Links for the day
Serious "Breach of Confidentiality of Personal Data" in Europe's Second-Largest Institution, the EPO
Yes, the same EPO that routinely uses "data protection" and "GDPR" as a pretext for hiding or covering up its corruption and white-collar crimes (it even uses that as an excuse for refusing to obey courts' orders)
Adrienne Rockenhaus Says Her Husband Was Arrested for Running Tor and Denied Basic Rights in the United States
the US seems to be getting "russified" in its approach towards Tor
This is What Happens When Microsoft Canonical Lets Decisions on Ubuntu be Made by a Youngster From the British Army (Where He Did Mass Surveillance)
"Is Ubuntu Compromised?"
Back Doored Windows Giving GNU/Linux a Hard Time (Under the Guise of 'Security')
Is this complication intentional? Most likely, yes
Links 16/09/2025: Science, Security, and Conflicts
Links for the day
Gemini Links 16/09/2025: Command-line Options in POSIX Shell and Introducing Acre 0.9
Links for the day
Microsoft 'Secure' Boot Versus Dual Boot With GNU/Linux
they're meant to assume everything is OK
Links 16/09/2025: While Oracle Pretends to be Rich It's Firing About 70 MySQL Workers, "Oracle's Revenge" (Faking Demand With "AI")
Links for the day
Microsoft Has Just Published a New Web Page About "Secure Boot Update Process" (Microsoft Also Admits Issues; PCs Can Stop Booting)
Why was this page issued and published only hours ago?
Microsoft Lunduke: I Spread Hate and Then I Receive Hate
Cry us a river, Microsoft Lunduke
"Use Wayland" Isn't a Bugfix for X (X11 is Still Necessary)
They tell us X is "dead" and we must all be herded into Wayland ASAP
"Disable Secure Boot and Fast Boot. Wipe and Start Over."
At least they didn't say, buy a new computer...
The Oracle Ponzi Scheme
Oracle isn't doing well, but it's nowadays fashionable to say "clown" and "hey hi" to prop up one's stock, even based on nothing at all
The New Head of OSI is an "Hey Hi" (AI) Obsessed Person
when Bryant says "AI" that doesn't mean AI
Taking Out the Battery, Opening Up Your Computer, Just Like a "Normie" Would
At this stage, any person who still says "enable Secure Boot" is misguided or persuaded by companies that sell rootkits
Slopwatch: Serial Sloppers and Slopfarms Still Infesting Google News (Fake 'Articles' About "Linux" Spreading FUD)
searching for "Linux" today yields a lot of FUD
"Governments, local authorities, schools and hospitals can lead by example by procuring only Free Software"
Crossposted from Tux Machines
Cindy Cohn Leaving the Electronic Frontier Foundation While Its Co-founder John Gilmore, Whom She Apparently Helped Oust, Will Celebrate 40 Years of the Free Software Foundation, Inc.
EFF has been busy hoarding GAFAM money, whereas the latter is where all the real activism is done
The Reach of Techrights Has Broadened
We nowadays cover a broader range of issues
"Google is Googlebombing KDE's Project Banana"
So is Google googlebombing KDE's Project Banana? You decide.
Complicating Things for No Actual Benefit, Just Added Risk and More Difficulties Adding GNU/Linux and BSDs
Watch what it's like for people who wish to use BSDs
Some Very Large IRC Networks Are Growing
IRC will turn 38 next year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 15, 2025
IRC logs for Monday, September 15, 2025
Links 16/09/2025: Autumn Party, RPG Planet, and Optical ROOPHLOCH
Links for the day