Bonum Certa Men Certa

Patents on Life and Patents on Software Serve to Show That EPO Patent Quality Fell Well Behind the US (PTO)

The Liar in Chief keeps lying about quality while it sinks to bottom low

Battistelli and IAM



Summary: Anything goes at the EPO, except dissent; any patent application seems to be grantable, provided one uses simple tricks and persists against overworked examiners who are pressured to increase so-called 'production'

I USED TO be proud to say that we have the best patent office, which denies software patents among many other things. But today's EPO is in shambles and it now grants patents on the same things which the USPTO no longer grants patents on. In simple terms, there has been a reversal of roles and right now the EPO looks like 'SIPO Europe'. It's not only sad but also scary to humble companies whose entire operation is now at risk of falling prey to patent trolls.



Yesterday, a high-profile magazine published "Europe says University of California deserves broad patent for CRISPR" and for those who don't know what CRISPR is about, start here. It's one of those areas where the EPO's patent scope has demonstrably gone bonkers. Even patents on life are now permitted (not just plants). To quote:

The European Patent Office (EPO) announced on 23 March its “intention to grant a patent” to the University of California (UC) for its broad-based claims about the genome-editing tool popularly known as CRISPR. UC, on behalf of several parties, has been in a pitched battle with the Broad Institute of Cambridge, Massachusetts, over CRISPR patents, and the new decision marks a sharp departure from the position of the U.S. Patent and Trademark Office (USPTO).

[...]

It’s unclear whether EPO’s actions will have any immediate impact. Companies already pay fees to these warring parties or their affiliates to license CRISPR patents. Some agreements cover international use of CRISPR to make products, and if the UC CRISPR patent stands up to challenges in Europe, companies that banked on the Broad may have to enter more licensing agreements. Companies technically do not need a license until they have a product on the market—that could take a decade for CRISPR-made medicines—but as Cook-Deegan notes, “Licensing is usually smoother and easier while there is still a veil of uncertainty so everyone has a stake in cutting the deal and gets a bit of what they want, even though they don’t know if the license is actually needed in the end.”


Remember that even the USPTO rejects it. Not the EPO...

And the same goes for software patents after Alice. In the US software patents have become rather toothless (more on that later today), but in the EPO they are actively advocated, as we last noted days ago. They even do this publicly. They have no shame about it, in spite of the ban on software patents in Europe. It's like the EPO flagrantly ignores the law and spits on the EPC. Grant Philpott, for instance, promotes this whole "CII" nonsense, bypassing restrictions by semantics. Then there's this long rant from yesterday, courtesy of Rui Seabra. Have a look:

https://twitter.com/RuiSeabra/status/846345323073196032

https://twitter.com/RuiSeabra/status/846366877857316865

https://twitter.com/RuiSeabra/status/846365416578564096

https://twitter.com/RuiSeabra/status/846362715174178817

https://twitter.com/RuiSeabra/status/846359167111761922

https://twitter.com/RuiSeabra/status/846356163889434625

https://twitter.com/RuiSeabra/status/846350874083540995

https://twitter.com/RuiSeabra/status/846349229681524736

https://twitter.com/RuiSeabra/status/846348408361242626

https://twitter.com/RuiSeabra/status/846348057281204224

https://twitter.com/RuiSeabra/status/846347535245594624

https://twitter.com/RuiSeabra/status/846345923307454464

https://twitter.com/RuiSeabra/status/846326332158066688

https://twitter.com/RuiSeabra/status/846323500390535168

https://twitter.com/RuiSeabra/status/846318410132803585

https://twitter.com/RuiSeabra/status/846318018800029696

https://twitter.com/RuiSeabra/status/846317119897845760

https://twitter.com/RuiSeabra/status/846314710089814016

https://twitter.com/RuiSeabra/status/846313972819263488

https://twitter.com/RuiSeabra/status/846313205592936448

https://twitter.com/RuiSeabra/status/846310893784838144

https://twitter.com/RuiSeabra/status/846309753756270592

https://twitter.com/RuiSeabra/status/846308220679458816

https://twitter.com/RuiSeabra/status/846307704813572096

https://twitter.com/RuiSeabra/status/846307409157132289

https://twitter.com/RuiSeabra/status/846306495407046657

https://twitter.com/RuiSeabra/status/846306267199164417

https://twitter.com/RuiSeabra/status/846279644752023552

Maybe it's time for European software developers to write a little less code and write more about what goes on inside the EPO, clearly a pariah organisation. Not even the law can stop it from granting patents that are in defiance of the EPC.

Recent Techrights' Posts

Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
 
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026
Monday, January 12, Red Hat Layoffs Allegedly Planned
We'll update this post or follow up if or when we get more information
Slop Still Becoming Rare as Another Week Ends
Generally speaking, calm and quiet is desirable, it's what we hope for (an absence of slop, a lack of need to keep abreast of it, ultimately)
Links 10/01/2026: Iran Offline, Venezuelans Decry Civilian Casualties
Links for the day
GAFAM Wants War
Go war! Go bailouts! Go debt! Go Wall Street!
GNOME Foundation's Microsoft Developer Account
"Lately they're teaming up with Mozilla to eliminate middle click paste - something which I use continuously."
GNU/Linux and Chromebooks Rose to Almost 10% in Haiti
What's noteworthy is that this month GNU/Linux is measured at around 8% and ChromeOS at about 2%
Links 10/01/2026: "Abolish ICE or GTFO", Calls to Ban X/Twitter From Apple/Google App Stores (or Implement National Blocks) Over MElon Turning It Into Non-consensual Deepfake Porn Site
Links for the day
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day