Bonum Certa Men Certa

The European Patent Office Suffers Quality Crisis, Finally (Belatedly) Agrees to Publicly Comment on It

Succulent



Summary: The patent quality of EPs -- patents granted by the European Patent Office (EPO) -- is declining and so will certainty surrounding EPs and value associated with them

OUR interest in the EPO goes back over a decade ago, back when software patents in Europe were debated and ruled out by Parliament (not that the EPO cared much about what Parliament had decided). With loopholes "as such", the EPO granted a lot of software patents. EPO insiders even admit this to us.



Now that more and more EPs (European patents) are found to be invalid there is risk that applicants will no longer find the EPO all that attractive. Battistelli's accelerated race to the bottom (of patent quality) yielded results like yesterday's press release that speaks of EPs getting repeatedly revoked:

Akebia Therapeutics, Inc. (NASDAQ:AKBA), a biopharmaceutical company focused on delivering innovative therapies to patients with kidney disease through the biology of hypoxia inducible factor (HIF), today announced that the Opposition Division (OD) of the European Patent Office (EPO) has revoked another of FibroGen, Inc.’s HIF-related patents. The patent, EP 1 633 333 (the ’333 patent), claimed various compounds that were purported to stabilize HIFα for treating or preventing various conditions, including iron deficiency and specific forms of anemia. This ruling follows Akebia’s challenge to FibroGen’s earlier European patent, EP 1 463 823, which was revoked in its entirety by the OD earlier this year.


What is the EPO going to do about this obvious failure to guarantee patent quality? Tomorrow the Administrative Council is supposed to bring up this subject, as per intent expressed previously.

Belatedly (years late), and perhaps opportunistically after a lot of pressure (and ahead of the Administrative Council's meeting), the EPO finally claims to obey some laws (for a change) by stating that it will no longer treat the EU Biopatent Directive (98/44/EC) like something to be spat at or ignored. There was a whole "news" item (actually hogwash) about it at epo.org yesterday and it said:

The European Patent Office has decided to stay all proceedings in examination and opposition cases in which the invention is a plant or animal obtained by an essentially biological process.

The decision was taken following the discussion by EPO member states in the Patent Law Committee of the Administrative Council on the recent Notice of the European Commission related to certain articles in the EU Biopatent Directive (98/44/EC).


When will the EPO obey the directive about software patents and stop granting patents on software? When will the Office admit that it messed up and granted many patents in error and/or against the rules? Who will take responsibility/accountability?

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day