Original European Patent Convention (EPC, 1973), Routinely Violated by the European Patent Office, Now in Geminispace

posted by Roy Schestowitz on Aug 16, 2025

Yesterday and two days ago we looked back at the European Patent Convention (EPC) and showed that it instructed if not mandated a ban on software patents.

We've put the document in Geminispace, where it can be read easily without a PDF viewer ("the part pertaining to the treaty seems to be done," says the person who works/ed on the conversion). There's a lot of text in it; see in particular Article 52 plus also 138. Here's part which the EPO deliberately violates every hour of the day:

Article 52. PATENTABLE INVENTIONS

        (1) European patents shall be granted for any inventions which
        are susceptible of industrial application, which are new and
        which involve an inventive step.


        (2) The following in particular shall not be regarded as
        inventions within the meaning of paragraph 1 :
         (a) discoveries, scientific theories and mathematical methods;
         (b) aesthetic creations;
         (c) schemes, rules and methods for performing mental acts,
             playing games or doing business, and programs for computers;
         (d) presentations of information.

Article 138:

CHAPTER II. REVOCATION AND PRIOR RIGHTS

Article 138. GROUNDS FOR REVOCATION

(1) Subject to the provisions of Article 139, a European patent may only be revoked under the law of a Contracting State, with effect for its territory, on the following grounds:
(a) if the subject-matter of the European patent is not patentable within the terms of Articles 52 to 57;
(b) if the European patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art;
(c) if the subject-matter of the European patent extends beyond the content of the application as filed or, if the patent was granted on a divisional application or on a new application filed in accordance with Article 61, beyond the content of the earlier application as filed;
(d) if the protection conferred by the European patent has been extended;
(e) if the proprietor of the European patent is not entitled under Article 60, paragraph 1.


(2) If the grounds for revocation only affect the European patent in part, revocation shall be pronounced in the form of a corresponding limitation of the said patent. If the national law so allows, the limitation may be effected in the form of an amendment to the claims, the description or the drawings.

This means that hundreds of thousands of European Patents must be immediately revoked.

Benoît Battistelli and António Campinos loved to pretend that their corruption was "OK" as long as it brought money (some of this money was sent to Minsk). Seeing that the media no longer "cares" (no coverage of this), the other day we decided that we should quote Article 52 (especially regarding computers) and part of Article 128. It's not "old news" when the law is being broken every day. █