Bonum Certa Men Certa

The Race to the Bottom of Patent Quality at the EPO

They PACE the race

NASCAR sponsorsSummary: The EPO has become more like a rubber-stamper than a patent office -- a fact that worries senior staff who witnessed this gradual and troublesome transition (from quality to raw quantity)

THE quality of patents granted by the European Patent Office (EPO) is a growing problem. Battistelli's departure did not improve anything in that regard because António Campinos continues to promote software patents in Europe, just like the new Director of the U.S. Patent and Trademark Office (USPTO), who is trying to work around 35 U.S.C. €§ 101/Alice (more on that in our daily links). They try 'creative' new buzzwords and revived buzzwords, such as "AI". Kate Gaudry, over at Watchtroll in a post dated yesterday, was promoting software patents under the guise of "Artificial Intelligence Industry" (it means algorithms). What next? That's part of a series that uses all sorts of hype waves to rebrand software patents. "CII" is so yesterday.



"This isn't the way to make a solid patent office but a mere pipeline of bad patents."Yesterday we saw patent maximalists from J A Kemp commenting on abstract European Patents (incompatible with the EPC) such as software patents. As we last noted yesterday (with a new example), such patents are still being granted -- soon to be revoked in courts. Such patents must never be granted in the first place, right?

To quote J A Kemp:

Two recent decisions of an EPO Technical Board of Appeal emphasise the need for a proper technical context to be set out in claims to render an abstract idea patentable. The two appeals, by Ab Initio Technology LLC, related to inventions in the field of parallel processing, a field that seems on the face of it highly technical. However, the inventions were claimed as processes for converting computation graphs into a form better adapted for parallel processes but without specifying any steps of performing any processing, parallel or otherwise. At this level of generality the Board considered the inventions to be non-technical as merely mathematical methods. Claims to methods involving actual execution of the converted graphs were not sought, possibly because of lack of good basis in the applications as originally filed, but ought to have saved the day. This emphasises the need for detailed consideration of issues of technicality at the drafting stage.

T 1125/17 (Parallelizing computation graphs/AB INITIO) of 2.4.2019 and T 1337/17 (Sort value indicator/AB INITIO) of 2.4.2019 were heard by Technical Board of Appeal 3.5.06 on the same day, a common practice for related cases, in this instance a parent and divisional respectively. Although various requests in the two cases were refused for lack of clarity or the presence of added matter, the interesting parts of the decisions relate to inventive step of the 5th Auxiliary Request in T 1125/17 and obiter comments in T 1337/17.

[...]

Thus the applicant was forced to rely on the potential for a technical effect if the outputs of the claimed methods were executed. The Board however took the view that the claimed advantage required execution on a specific platform, which was not explicit in the claim, hence the technical effect is not inherent in the program. The Board did however imply that in some cases it might be possible that the "required execution platform was implicit in the program claim" but otherwise the hardware platform necessary to achieve any advantage must be explicit.

The possibility of hardware being implicit in a program claim seems likely to be rare but is consistent with T 0163/85 (Colour television signal) of 14.3.1989 which held that the structure of a television receiver was implicit in a claim to a colour television signal.


It is no secret that the Boards of Appeal, including this Technical Board of Appeal, lack independence from the Office. Unlike courts external or peripheral to the EPO, the Technical Board of Appeal rules under the shadow of Campinos, i.e. there's an element of fear.

We continue to worry that the EPO is unwilling and incapable of accepting its own failure. It recently buried findings about low validity rates of its newly-granted European Patents. Office management is very well aware of this problem, but it's just trying really hard to hide it. Under the surface, however, things gradually worsen. Remember that the number of granted European Patents doubled in about half a decade because patent quality rapidly collapsed. Maybe that means some extra cash for the EPO (minus Battistelli's scam, which cost a tenth of a billion in less than a year), but at whose expense? Patents are not a real, physical product. They're a man-made monopoly with intricate associated economics.

Does Ascension still think that a grant of a European Patent (over 100,000 of them per year) is something to brag about in a press release? Apparently so. This is what it wrote this week:

Patent EP20100742250 covers the key technology and composition of matter behind Ascension’s market disrupting Sequessome Technology that is used in the unique biolubricating Flexiseq gel. Flexiseq is clinically proven to provide a long-term, entirely drug-free solution to chronic joint pain such as osteoarthritis.


This is not my area, hence hard to critically assess, but examiners certainly lack time to properly examine applications and pressure from above (line managers and directors) compels examiners to grant if in doubt (or if prior art cannot be found very quickly). They tell us so explicitly. This isn't the way to make a solid patent office but a mere pipeline of bad patents. It's hardly surprising that many examiners lost interest in the job. SUEPO (the EPO's staff union) has just linked to another set of articles about suicides and yesterday it added this article in French [PDF]. It's from the same publisher that led much of the Benalla investigations (investigative journalism).

Recent Techrights' Posts

At IBM, Relocation Means Layoffs (Downsizing)
Silent or 'invisible' layoffs?
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
Richard Stallman (RMS) Announced His Talk Less Than 24 Hours Before It Took Place and Still Filled Up the Auditorium at Sapienza Università di Roma
Photos from yesterday evening [...] It looks like it was a very successful event
 
EPO Staff Can Go Listen to Richard Stallman Next Week in Munich (Technical University of Munich, Rudolf-Diesel Hörsaal (MW2001) on Campus Garching at 18:00)
"The talk is open to the public and attendance is free. Registration is not required."
Rhonda D'Vine, Gerfried Fuchs, Pronouns & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Central Staff Committee of the European Patent Office (EPO) Warns That EPO Management is Robbing or Manipulating Pension Funds Again
Faking "growth" is just about as bad as forgery
Probably a Lot Worse Than LLM Slop: GNOME Tying Itself to Divisive Politics, Even Where It's Clearly Not Relevant
Something has gone terribly wrong in GNOME
Links 14/10/2025: Microsoft OneDrive Scanning Faces in Photos (Without Asking First), "OpenAI Says It Will Move to Allow Smut"
Links for the day
They Generally Don't Like Scholars, as They're Less Compelled or Pressured to Repeat What Corporations and Oligarchs Say
People who loathe scholars have an agenda in mind that, unlike that of reasonable people, revolves around controlling people
Belated New Article About Last Thursday's Lecture by Richard Stallman in Helsinki, Finland
there are good reasons to pay with cash, not limited to privacy
Attacking Richard Stallman Has Become 'Career Suicide'
If you're going to viciously attack somebody, make sure your arguments are rock-solid
Microsoft's Failing XBox Business Has Turned Games Into Funerals
How does it feel to depend on Microsoft?
Yesterday's "Distinguished Lecture" by Richard Stallman Possibly Attended by Close to 1,000 People
The capacity of the place is about 900
Slop Poisons Everything
Imagine wanting to find what Torvalds has just said or what has just been released
Taking Software Freedom 'Mainstream'
interest in Software Freedom must have grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 13, 2025
IRC logs for Monday, October 13, 2025
Gemini Links 14/10/2025: Ada Lovelace Day, Sony CLIE PEG-TG50 Review, Why to Avoid Network Solutions
Links for the day
The EPO's War on Techrights Was a Massive Mistake
The EPO started the SLAPPs after we had published a few hundreds of articles; we've since then published close to 6,000 because the attacks on us emboldened insiders to help us
General-Purpose Computers to Become Growing Area of Coverage
Without them, we have little left for controlling our lives
"They missed a great opportunity to shut up." -Jacques Chirac
Brett Wilson LLP has been trying to cheat the legal system many times
Harassment evidence: Switzerland, overcrowded fitness and yoga centers, incompetence and racism in accident response
Reprinted with permission from Daniel Pocock
Vincent Danjean & Debian NXIVM collateral, blackmail risks
Reprinted with permission from Daniel Pocock
In Sweden This Past Friday Richard Stallman Explained Why Copyleft is Important
And he didn't have to 'bash' BSDs, either
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro