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 This ruling follows Akebia’s challenge to FibroGen’s earlier European patent, EP 1 463 823, which was revoked in its entirety by the OD earlier this year.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

Morale at Microsoft Sinking, More Layoffs Expected, Stock Buybacks Blasted
controversial because they should really be illegal
 
A CoC Will Destroy Your Free Software Community and Help Imposers of CoC (Like Microsoft)
Abusers like to disguise censorship (of their abuse) as "manners" or good "conduct"
IBM Likely Breaking Several Laws With Latest 'Secret' Mass Layoffs
Never sign an NDA
Gemini Links 19/09/2024: Emacs Wiki and China, IRC Chatting
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 18, 2024
IRC logs for Wednesday, September 18, 2024
Links 18/09/2024: Web Server Survey Shows Microsoft Down Again, Omkhar Arasaratnam Leaves Microsoft-connected OpenSSF
Links for the day
Links 18/09/2024: Gaming Layoffs and New Openwashing by Linux Foundation
Links for the day
Gemini Links 18/09/2024: Home, Ashram, and Markdoc
Links for the day
[Meme] Think. Positive. Saturate the Media.
IBM: Layoffs? What layoffs?
The Kubecost Acquisition Does Not Show IBM is Rich, It Shows It Wants to Distract From Mass Layoffs Happening This Week (Thousands Laid Off in the Dark)
So-called "news deserts" have become a national and international phenomenon (not local/regional)
IBM Has Been Lobbying for Software Patents, It's Not the Free Software Community's Ally
The ancient company has been lobbying for these patents for decades already
Over Half a Day Later the Media Still Doesn't Cover Thousands of Layoffs at IBM
Not even a single news site bothered to investigate and report this? Not even one?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 17, 2024
IRC logs for Tuesday, September 17, 2024
IBM Befriends and Exploits the Biggest Enemy of Software Freedom (Software Patents)
Software Patents and IBM in Today's News
Many Workers Quietly Leave Microsoft, the Company is Running Out of Money (Too Much Debt and Now Massive Buybacks to Keep the Shares From Collapsing While Hiding Humongous Losses)
I've heard of people who just decided to quit Microsoft. They could not handle the anxiety.
Links 17/09/2024: Volkswagen Layoffs May Exceed 15,000, Sean ‘Diddy’ Combs Arrested
Links for the day
Gemini Links 17/09/2024: Re-framing of Priorities and Journalists
Links for the day
The Linux Foundation is Associating Linux With Scams and With Scam Sites Right Now (Like the Wife of Jim Zemlin Did)
they profit from the sellouts
Mass Layoffs at IBM Today, Just Like Prominent Rumours Said Upfront
past couple of hours
Google's YouTube Already Blocking People Who Block Ads
YouTube feels like it's dying
Links 17/09/2024: More on Microsoft Cuts and XBox Backward Compatibility Issues
Links for the day
IBM is Acting No Better Than Patent Trolls, Preying on Smaller Companies by Suing Them With Software Patents
No Red Hat employee should tolerate this aggression by the employer
Something Has Gone Very Wrong at iTWire
"iTWire has descended into marketing spam"
The Hallmark of a Dying Company Running Low on Money (But Still Trying to Hide That)
Microsoft should look into selling red markers
UEFI 'Secure' Boot Has Put Security at Risk, Suggests New Report
We're vindicated once again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 16, 2024
IRC logs for Monday, September 16, 2024
Links 17/09/2024: China Sanctions and Breadth of Latest Microsoft Layoffs Elaborated Upon
Links for the day
Gemini Links 17/09/2024: Small Improvements in Carbon Capture and Pseudo-Productivity In Java
Links for the day