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

[Meme] Reliable Sources
Sooner or later LLMs swallow up their own lies (that they generated), which means that over time those things will only deteriorate further, exacerbating an already-large misinformation pandemic
Free Software Foundation's Miriam Bastian: We Surpassed Our Year-end Goal of $400,000 USD Thanks to You!
Miriam Bastian: We surpassed our year-end goal of $400,000 USD!
 
Status of New Year's Resolutions
3 weeks later
"The AI Bubble is Popping", Now It's Bailout Time
The hype will quietly fizzle, just like "blockchains"
[Meme] When the Government of the Netherlands Participates in Your Crimes It Lacks an Incentive to Hold You Accountable for Crimes
the EPO's corrupt management boasted (on television) that it would ignore rulings against it even if issued by the highest Dutch court
Links 23/01/2025: US Constitution Already Besieged (Impeachable Offences Pile Up), Arrest Warrant for Assad
Links for the day
Microsoft's Head of Business Development Quits (Days After Two Large Waves of Mass Layoffs)
We recently learned that people close to the management are very stressed this month
BetaNews Plagiarising Work in the Linux Space
The originals won't even be listed
Gemini Links 23/01/2025: US Politics and DevOps Career
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 22, 2025
IRC logs for Wednesday, January 22, 2025
Links 22/01/2025: Jeju Air Blame-Shifting (Talk to the Wall), Copyright Maximalism Rebounds
Links for the day
[Meme] The 'Garbage in, Garbage Out' Patent Office
"law of the buzzword"
Clueless and Nontechnical EPO Management Uses the 'Great Scam' (Hey Hi Hype) to Justify Automation Where It's Both Detrimental and Illegal
The EPC has been practically set aflame; thus, the EPO has no legitimacy or reason to exist anymore
Links 22/01/2025: Democratising Tech Initiative and "Bye Bye Meta"
Links for the day
The Japanese translation of the term "free software"
by Akira Urushibata
Links 22/01/2025: "The AI Bubble Is Bursting" and Microsoft's Scam Altman is Already Looking for De Facto Bailout From the Insurrectionist
Links for the day
Dr. Andy Farnell's Latest Article About Software Freedom and Richard Stallman
why Dr. Stallman is being picked on
Geminispace (Gemini Protocol) Offers an Escape From Social Control Networks Owned by Oligarchs and Governments
Gemini capsules that promote fascism and retreat to feudalism are rare and scarce
The Free Software Foundation (FSF) Has Formally Added an Outreach and Communications Coordinator
Maybe the addition happened last year (we mentioned it in passing), but now it's in the "rota"
Electronic Frontier Foundation: Fighting 'for the Poor and Powerless' While Taking Home $336,000 in Annual Salary
nowadays works for or serves not the interests of the masses
Of Note: The Misguided, Infiltrated, Weakened Electronic Frontier Foundation (EFF) Now Operating at a Loss of Over a Million Dollars
Worst since the COVID-19 lockdowns
[Meme] Omit Microsoft When It's a Scandal or a Breach, Whereupon It Becomes Just an 'IT Company'
Microsoft is like a cult. Members of this cult promote the opposite of security, expecting to be financially rewarded for it.
Calling Out Windows (TCO) is Apparently Impermissible in Some News Sites
The online news sites are failing us (and corporate sponsors play a role)
Richard Stallman's Remarks on His Pain
Published two days ago
Focusing on the Issues
we'll do our best to find the news and not talk about "Mr. T"
Only About 3.6% of Web Users in Pakistan Use Vista 11, According to statCounter
It's not hard to see why so far in 2025 Microsoft has already had several waves of mass layoffs - more than any other company
Rumour: In IBM, Impending "25% Reduction in Finance Roles"
25% to be laid off?
[Meme] Fake Articles From linuxsecurity.com (Just Googlebombing "Linux" With LLM Slop)
Google should really just entirely delist that site
RedHat.com Written by Microsoft Staff, Promoting Microsoft' Proprietary Software That Does Not Even Run on Linux!
This is RedHat.com this week...
Links 22/01/2025: Mass Layoffs at Stripe, Microsoft's Illegal Accounting Practices Under Scrutiny
Links for the day
Fake 'Article' by Brittany Day (Guardian Digital, Inc) About Linux Mint 22.1 'Xia'
Apparently they've convinced themselves that this is OK
Red Hat Dumps "Inclusive Language", Puts "Master" In Official Communications and Headlines
Red Hat: you CANNOT say "master" (because it is racist). Also Red Hat: we put in it our headlines.
Red Hat Offers DRM, TPM, and Backed Doored 'Confidential' Containers (CoCo) for Microsoft (Proprietary Spyware)
No kidding!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 21, 2025
IRC logs for Tuesday, January 21, 2025
Gemini Links 21/01/2025: Media Provocations and Nazis Not Tolerated
Links for the day
[Meme] Plagiarism Does Not Eliminate Jobs by Replacing Humans, It Replaces Human Knowledge With False Cruft
We need to boycott sites that fake their output
Slopwatch: BetaNews Plagiarism and LLM Slop by UNIXMen
"state-of-the-art" plagiarism
What Fedora, OpenSUSE, and Debian Elections Teach Us About the State of Weak (or Fake) Communities
They show a total lack of trust in these communities
[Meme] Doing Dog's Job (Not God's Job)
The FSF did not advertise the talk by RMS (its founder), who spoke in France almost exactly 23 hours ago
Links 21/01/2025: Mass Layoffs in "Security" at Microsoft (Despite Microsoft Promising It Would Improve After Many Megabreaches), Skype is Dead (Quietly)
Links for the day
Alternate Version of Daniel Pocock's 2024 Talk, "Technology in European Parliament Election Campaign"
There's loud ovation at the end of the talk
Gemini Links 21/01/2025: London Library, Kobo Sage, and Beyerdynamic DT 48 E
Links for the day
The January 20 Public Talk by Richard Stallman (Around Midday ET), Livestream 'Assassinated' by Google's YouTube
our guess is that the 'cancel mob' sabotaged it, possibly by making a lot of false reports to YouTube
[Meme] Free Software and Socially-Engineered Groupthink (to Serve Big Sponsors Like Google and Microsoft)
They do this to RMS all the time
[Video] Daniel Pocock's Public Talk About Free Software Politics, Social Engineering, Debian Deaths and Suicides, Coercion and Exploitation of Women
took many months to get
BetaNews Cannot Survive If Its Fake Articles Are Just SPAM for Companies Like AOHi and Aren't Even Composed by Humans
This is what domains or former "news" sites do when they die and look very desperately for "another way"
Pocock shot in the face, shot in the back, shot on Hitler's birthday saving France, Belgium and FOSDEM
Reprinted with permission from Daniel Pocock
Dr Richard Stallman in Montpellier, Robert Edward Ernest Pocock in France
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 20, 2025
IRC logs for Monday, January 20, 2025