Bonum Certa Men Certa

Does the EPO Want Patent Quality to Decline Against the USPTO and Become Akin to SIPO?

Anything goes with crooked management like this...

MoU signed by Bergot



Summary: The EPO, which is trying to convert a patent system into a cash cow rather than a public service, risks losing public support and an applicants base (where it hasn't lost it already)

PATENT quality and scope (inherently similar things) have been a concern of ours predating Battistelli at the EPO. There just doesn't seem to be the same aspiration to quality that there used to be. It got even worse under Battistelli (compared to Brimelow and her predecessors) and the Administrative Council, a bunch of spineless chinchillas, just doesn't seem to genuinely care. It mentions "quality" every now and then, yet it takes no practical steps to assure it. The last meeting of the Administrative Council barely even brought up the subject and the next one, which is just weeks away, seems unlikely to even have it on the agenda. Battistelli continues to rely on his propaganda mill, IAM, to deny the issue with dubious surveys.



“After the US patent office ruled against the University of California in its battle for key patents on the CRISPR-Cas9 genome editing technology last week, UC put on a brave face.”
      --California Healthline
As people who read this site closely enough (not just EPO matters) would have noticed, the USPTO aided by the AIA gifts (notably PTAB) is growingly picky and selective on CRISPR -- essentially patents on life. Read this new article titled "University Of California Faces Uphill Climb In CRISPR Appeal". To quote: "After the US patent office ruled against the University of California in its battle for key patents on the CRISPR-Cas9 genome editing technology last week, UC put on a brave face. It might appeal the decision, it told reporters. It might settle for the patent it originally filed for, in 2012, and live with the fact that the Broad Institute, which prevailed at the patent office, gets to keep crucial patents that UC challenged. Unfortunately for UC, a public institution that could really use royalty and licensing revenues from CRISPR patents, experts in intellectual property suspect that even its fallback positions are no more solid than shaving cream."

"How many more patent applications will the EPO receive in the long run when attorneys need to tell clients that the EPO has gone awry?"Other publications too wrote about it this week [1, 2], as did we. Just see our Wiki and some of the latest things we wrote about the topic, culminating in PTAB's actions against CRISPR [1, 2, 3] (last covered yesterday). A couple of days ago we received an alert about this press release titled "European Patent Office To Grant CRISPR-Cpf1 Patent To Broad Institute, MIT, And Harvard University" (disappointing).

So the USPTO and PTAB make sceptical moves towards or against CRISPR, but the EPO under Battistelli (where examiners are under stress and are urged to reject of grant everything, as fast as possible, without sufficient research) does the opposite. What are applicants supposed to think? Yesterday I spoke to a highly-ranked university professor about this. He seems to be aware of what goes on at the EPO and he has informed his university. How many more patent applications will the EPO receive in the long run when attorneys need to tell clients that the EPO has gone awry? Job applications (and quality thereof) have already nosedived. How many applicants out there already prepare to just pursue patents at the national patent offices (NPOs)? We've heard from a few.

To quote from the press release: "The European Patent Office (EPO) has announced it intends to grant its first CRISPR-Cpf1 patent to the Broad Institute, MIT, and Harvard University, based on a patent application filed in June 2015."

Intention to grant and actual grant are not the same thing. Is this some sort of "early certainty" thing? Where people make decisions before they actually make decisions? Or make semi-official determinations without actually doing the work involved? This is Battistelli's legacy. There are many other bad legacies, including a plethora of abuses and one might say "corruption". Yesterday the EPO wrote about EPO procurement, telling people nothing about dodgy contracts and lack of tenders at the EPO. Also yesterday, the EPO said: "Join us on Wednesday for our free webinar on recent & upcoming law changes in India!"

"If firms take these patents to court and then find out that these patents are worthless (and invalidated on the spot), what good is the EPO's service to them?"Well, India has rejected software patents, whereas the EPO defies EU decisions if not orders to reject them. What does that say about the EPO? An entity above the law, no doubt! What can ever stop it? In Europe, pressure at all levels has perpetually attempted to stop the EPO's software patents (erroneous grants) and where has it gotten us? Battistelli is doing whatever he want. In India, by contrast, the pressure from the politicians and large corporations is to actually grant software patents, but the patent office managed to skirt them off or drive them away (time after time over the years). The Indian patent lobby, writing in IAM right now (a patent maximalist and his colleague Sunil Kumar Tyagi), offers tips for bypassing limitations. We recently wrote how India had adopted a process for speeding up applications of those with deeper pockets (the EPO did this first) and this one says: "Most patent applications in India are granted after amendments are made to the patent claims; there are few cases in which patent applications are allowed with no claim amendments. To speed up the examination process, claims can be amended on a voluntary basis or in response to objections raised in an examination report. This means that applicants can either file a request for voluntary amendment along with the associated fee or wait until the examination report is issued."

We certainly hope that whistleblowers inside the EPO will share stories with us about the decline of patent quality at the Office, with or without intent to make the information public (some people already tell us about this, but we cannot make public any of the details as that might jeopardise these sources). Dissent is strong inside the Office, partly because insiders believe they are being pressured to hastily grant patents they would not otherwise grant. If firms take these patents to court and then find out that these patents are worthless (and invalidated on the spot), what good is the EPO's service to them? For small companies, scenarios such as these can render them insolvent as patents are expensive to pursue and maintain (renewal), never mind the legal fees associated with litigation.

Comments

Recent Techrights' Posts

A Dozen Observations About "UEFI 9/11" Deflections
What we are expected to see, tentatively
The World's Richest Ponzi Scheme (Faking Value Using Net Waste)
The higher they go the harder they fall
We Could Dual-Boot Back in the 1990s, Why Has This Become So Difficult?
And prone to breakage
Slopwatch: Google News is Still Promoting Many Fake Articles About "Linux", in Effect Rewarding Misinformation and Plagiarism
things continue to deteriorate
They Say That People Are Afraid of or Worried About "Hey Hi", But the Worriers Should be the Fools Who Invested in It
At the end of the day nobody should worry more than those who invested their money in this bubble
 
Gemini Links 11/09/2025: Playdate Console, Dichotomy between the Real and the Digital
Links for the day
The Microsoft AstroTurfing and Microsoft-Led Blame-Shifting Tactics Are Ahead of Us
Of course it has nothing to do with security, it's about control, i.e. them controlling everything
Celebrating Assassination is Bad Because It Legitimises Assassination of the People You Like, Too
Condoning or even celebrating political assassinations is bad optics (and taste)
Longtime Red Hat Staff: Maybe Just Disable 'Secure Boot'
A refreshing take from Adam Williamson
Being Conditioned to Accept Unreliable Computer Systems That Fail With Black Screen of Death (BSoD)
Welcome to 2025
New Series: The Coup Against GNU/Linux Has Begun
today, this year in particular, we shall also focus on Secure Boot, which is sold based on a lie and tortures many computer user
New Paper on "BYOVD, but in firmware. Signed UEFI shells, vulnerable modules offer new paths for Secure Boot bypasses."
One might say digital "security theatre"
Links 11/09/2025: Oracle Layoffs, Drunk Pilots in Japan Airlines, US-Korea Tensions Grow
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 10, 2025
IRC logs for Wednesday, September 10, 2025
Xubuntu Site Compromised
Let's hope it is not a security breach
Links 10/09/2025: Retaliation at Facebook and Microsoft Reveals Almost 100 Security Holes
Links for the day
Gemini Links 10/09/2025: Annihilation of Self, The Future Eaters, and Leaving Academia
Links for the day
Harassment evidence: franceinfo's Clara Lainé report on Ubisoft prosecution
Reprinted with permission from Daniel Pocock
Links 10/09/2025: Microsoft Layoffs in "RTO" Clothing and Windows TCO, GitHub TCO
Links for the day
Blaming Everything on China
TikTok works for China. GAFAM works for fascists.
People Get Tired of "Hey Hi" (AI), Unlike the Subservient Money-Obsessed Media That Gets Paid to Pretend This Bubble Still Matters
"crash will be way bigger than dot.com burst in 90s. and that was Internet, actually transformative technology, not this expensive AI toy with direct dependency on the energy input which is not scalable"
Brett Wilson LLP Accepts That the Serial Strangler From Microsoft Filed a Case That Also Implicates My Wife (Everything is Connected)
They used to pretend that there were two separate cases
10 Reasons to Disable (or Enable) UEFI Secure Boot
Tomorrow the "trusted corporation" Microsoft will see a certificate expire
Gemini Links 10/09/2025: Hospital and Large Feeds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 09, 2025
IRC logs for Tuesday, September 09, 2025
The Bluewashing of Red Hat is Being Completed, Many Staff Understand They'll be Made Redundant
Jim AllowHurst (Whitehurst) is meanwhile promoting Microsoft's agenda from within other companies
Throwing Away "Old" Computers (Mozilla and Other Climate Deniers)
Mozilla is not leftist
statCounter Sees GNU/Linux Exceeding 10% in Bulgaria This Month
What can Microsoft still do to stop GNU/Linux?
Dark Patterns
Microsoft saying "security" is like a Convicted Felon in the White House saying "law and order".
It's Almost Fall (Autumn)
To "Facebook prison" you are bound
Bruce Schneier About "Secure Boot"
Bruce Schneier isn't a fan of "Secure Boot"
Links 09/09/2025: Microsoft Mass Layoffs Again and "RTO" (Timed Like It Serves as a Distraction From the Mass Layoffs)
Links for the day
RMS Told Microsoft to Stop 'Secure Boot' (He Even Went There to Say That), But They Didn't Listen
Dr. Stallman (RMS) assumed that speaking to sociopaths would work
What Richard Stallman Told Me About 'Secure' Boot in 2012
"if the user doesn't control the keys, then it's a kind of shackle"
Those Who Helped Microsoft Weaponise "Secure Boot" Against GNU/Linux and BSDs Are Fleeing
Microsofters doing what they do best: they evade accountability
Simple is Better, Simplicity is Power
That is "the advantage of having commodity GNU/Linux systems," an associate notes
Much Ado About Nonsense
Microsoft Lunduke is still all dramatisation and sensationalism
Current Events in France
It needs to dump Microsoft and other GAFAM (US) giants, move to Free software
Further Media Cut-downs
media reporting about the media being cut
Links 09/09/2025: US-Korea Tensions and Meta Whistleblowers
Links for the day
Gemini Links 09/09/2025: Moon Eclipse and ROOPHLOCH Reports
Links for the day
Links 09/09/2025: “Torrents of Hate” and Political Crisis in France
Links for the day
Gemini Links 09/09/2025: "Dedigitizing" and Forgejo on FreeBSD
Links for the day
Google News (Not Just Google Search) Lets Itself by Gamed by One Slopfarm - to the Point Almost Half of "Linux" News is Bot-Produced Plagiarism (LLM Slop With Slop Images)
That says a lot about what Google thinks of quality, even in Google News
Bill Gates-Funded Media Inadvertently Refutes the Microsoft Lie That in 2025 Microsoft Had Just Two Waves of Layoffs
There were about 12 rounds of layoffs so far in 2025
Official SUSE Blog Still Uses LLM Slop (Bots) to Make Fake Articles (Marketing)
The company is all about sound bites
Companies Realise That Slop Doesn't Work as Advertised, Accordingly Dump It
"Hype dims as a country-wide survey of US corporations shows a sudden drop-off in AI use among firms with more than 250 employees."
Microsoft-Funded Lawsuits Against Critics of UEFI 'Secure Boot'
Remember that no company (or law firm) ever survives collaborations with Microsoft
From theregister.co.uk to theregister.com (US) to The Register MS (Run by Microsoft Operatives) and theregister.ai
The best way to break this racket (or cycle of hype and harm) is to break the chains of funding
Open Source Initiative (OSI) Culture of Censorship Necessitates More Speech
The OSI bans dissent or people who merely point out that the OSI is abusive
How to Reach Us Discreetly (Other Than Encrypted E-mail)
We're still managing to maintain a 100% source protection record. We soon turn 19.
LLMs Are Vastly Worse Than a Waste of Energy and the Externalities Are Huge
Worse than just higher power bills for everybody
LLMs Versus Search (Not Replacing Search But Engaging in DDoS Attacks Against Web Sites That Permit Searching)
The state of the Web isn't just bad; it's utterly terrible
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 08, 2025
IRC logs for Monday, September 08, 2025
It's Only the Second Week of September and Already Two Waves of Layoffs at Microsoft, Slopfarms and Microsoft-Funded Sites Spin It as "AI Investments" Rather Than Commercial Failure
A very large third one expected next week
The UEFI 9/11 - Part IX - Shunning Old Computers (in 2023 the Certificate Was Updated/Overridden, Underlying Aim May Be Herding/Forcing People to Get TPM and Other 'Novel' Restrictions)
the "upgrade treadmill"