Bonum Certa Men Certa

Patent Quality Crisis and Unprecedented Trouble at the European Patent Office (EPO) Negatively Affect Legitimate Companies in the US As Well

"Patent monopolies are believed to drive innovation but they actually impede the pace of science and innovation, Stiglitz said. The current “patent thicket,” in which anyone who writes a successful software programme is sued for alleged patent infringement, highlights the current IP system’s failure to encourage innovation, he said."

--IP Watch on Professor Joseph Stiglitz



Summary: The granting en masse of questionable patents by the EPO (patent maximalism) is becoming a liability and growing risk to companies which operate not only in Europe but also elsewhere

THE USPTO isn't perfect, but at least it's improving. We have repeatedly commended its Director for steering the Office in a positive direction which is widely supported by most of the industry, just not the patent microcosm (which is eager to oust her and undo all the progress).



At IP Watch, Steven Seidenberg has just published behind paywall this piece about a SCOTUS decision which he says "will benefit patent trolls and other unscrupulous patent owners, at the expense of companies," citing "few observers" of the SCA Hygiene Prods. Aktiebolag v First Quality Baby Prods case. We wrote about this before.

"...the EPO's inability to operate in a capacity other than rubber-stamping has wide-ranging and long-ranging (beyond Europe) ramifications.""On the positive side," he added, "the ruling brings US patent law more in line with Europe’s patent law."

So what? That in itself is not necessarily a positive thing. Watch what the EPO has become and how flagrantly it disregards European patent law, including its founding document, the EPC. The dysfunctions of the EPO are in fact becoming a headache and a liability even well outside the continent of Europe. This new article, titled "Planning to Request Discovery for a European Patent Office Proceeding? Not So Fast, Rules the District of Massachusetts", says the following:

The Hon. F. Dennis Saylor, IV of the U.S. District Court for the District of Massachusetts recently denied a petitioner’s request under 28 USC €§ 1782 to take discovery related to patent inventorship in connection with an Opposition proceeding pending before the European Patent Office (EPO). The court, in exercising its discretion under the U.S. Supreme Court’s so-called Intel factors set forth in Intel Corp. v. Advanced Micro Devices, Inc., 542 US 241, 264 (2004), denied the petitioner’s request for discovery because the EPO generally does not allow the type of discovery requested by the petitioner in an Opposition proceeding, thus the petitioner’s requested discovery would have no place in an EPO Opposition.


Put in simple terms, based on a x86 case from 13 years ago, it is not possible for US entities to look into the reckless actions (widely known by now) of the EPO, where patents are granted in error.

The author, Alison C. Casey from Nutter McClennen & Fish LLP, says this "illustrates the need for inventors to be familiar with patent laws, procedures, and proceedings in foreign jurisdictions." That's like saying, "come to me! Give me business, I'll advise you."

But between the lines we see that the person affected in his capacity as an attorney is actually European. To quote:

The petitioner, George Schlich, is a European patent attorney who brought this action as an agent of Intellia Therapeutics, Inc., a genome editing company based in the United States. Schlich petitioned the district court to order discovery under 28 USC €§ 1782 in connection with a proceeding before the European Patent Office related to an EPO-issued patent for an invention known as the CRISPR/Cas9 system, which provides scientists with an inexpensive and precise method of editing DNA for biological and medical research. The underlying dispute in the EPO is whether The Broad Institute, Inc., a biomedical and genomic research institute affiliated with MIT and Harvard, can rely on its U.S. provisional applications filing date for priority in its European patents.


We wrote a great deal about this CRISPR fiasco in the US and in the EPO. The above is a reminder that the EPO's inability to operate in a capacity other than rubber-stamping has wide-ranging and long-ranging (beyond Europe) ramifications.

Recent Techrights' Posts

Abuse Inside the Polish Patent Office (UPRP) - Part IX: Minimum Wages For You (Experienced Scientist), Alicante/EU Paydays For Me (Unproductive, Corrupt Official)
Does UPRP maladministration extend to the false belief that qualified and experienced scientists can play the role of circus clowns?
"The Liberating Power of Simply Telling People the Truth."
'polite' bullying
Who Imitates Who? Plagiarist as Client (From Microsoft), 'Plagiarism' at the Law Firm?
let's revisit the subject
EPO's Central Staff Committee (CSC) Scrutinises the Man Who Illegally Grants (and Forces Others to Illegally Participate in Granting) Software Patents in Europe
EPO compels examiners to break the law in the name of obeying illegal "rules" or "orders"
The Latest Rumour Says The Next (as Correctly Predicted Before) Wave of Layoffs at Microsoft is 3 Weeks Away, "Larger Than the First Wave"
Step 2
TV Licensing Used to SPAM Your Postbox, Now It Does the Same to E-mail
First they ask for your E-mail address; then they start nagging you via E-mail
Our Priority is Still Tackling Software Patents and Corruption in Patent Offices
Meanwhile we got compliments on our recent articles, which means that they are effective
Slopwatch: Another Day, Another Slopfest, LLM Slop Scrapers Slow Down Our Site
We too have some slop issues; this past day this site and the sister site had to answer about 2.5 million requests (not counting Gemini Protocol) and it's slowing things down for everybody
 
Links 12/06/2025: Portland Homeless Deaths Quadruple, COVID Cases Surge in Asia
Links for the day
EPO's Gareth Lord Asked About "Quality and Productivity" or, Put Another Way, Why the EPO Keeps Granting So Many Invalid/Illegal Patents
letter to Lord
The Toxic Playbook
Either you support Prince Mohammed bin Salman or you're a nazi
It's Possible That BetaNews Got Cracked, But Nobody Talks About It, The Site Contains an Outdated Old Image, No Activity
It's possible that they will never explain what happened to the site and users' accounts
Links 12/06/2025: Beach Boys’ Brian Wilson Dies
Links for the day
Gemini Links 12/06/2025: Video Game Diegesis and Steam Next Fest
Links for the day
Why the Militants Have Lost Every Battle Since 2022 (When Attacking My Wife and I in Various Ways, Even Attacking Our Employers)
This takes patience, sure, but at the end most evildoers face the consequences for their actions
Politics Will Impact Software Choices
Will those systems respect users' freedom?
EPO: Neglecting Children to Promote American Monopolies by Shielding Them From European Competition
Yesterday the Central Staff Committee at the EPO spoke about another "reform" at the Office
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 11, 2025
IRC logs for Wednesday, June 11, 2025
Links 11/06/2025: More Vulnerabilities Found in 'Smart' Phones, China Extends Reach in the Pacific
Links for the day
Gemini Links 11/06/2025: Grain and Steam Next Fest
Links for the day
Links 11/06/2025: "Quantum" Hype From IBM, US Closer to Martial Law, and “The Nation” Celebrates Milestone
Links for the day
IBM's CEO Roasted, Sizzled and Grilled for Dumb and Inconsistent Vapourware Promises
It looks like being a chronic liar is what it takes to lead the company once synonymous with computing
IBM's Goal Is Not (and Never Was) Computer Users' Freedom
More than 1.5 decades ago I found IBM to be an "ally of convenience" because of OpenDocument Format (ODF)
Wayland Shows the IBM/Red Hat Way of Doing Things
IBM is trying to 'kill' X
GitHub is Proprietary, Controlled by Microsoft, and GPL Violation Warehouse
"IRS tax filing software [will be] released to the people as free software" ... In general this is good news
Slopfarm Catastrophe
Seems like BetaNews (or BetaNoise) has just suffered a major data loss and restored the site from a week-old backup
Abuse Inside the Polish Patent Office (UPRP) - Part VIII: Illegal Working Conditions
How many people need to die for these people to get their massive salaries?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 10, 2025
IRC logs for Tuesday, June 10, 2025
Links 10/06/2025: Apple Hype and Physical Attacks on Bloggers
Links for the day
Gemini Links 10/06/2025: Loon Lake, Farming, and Forth
Links for the day
Links 10/06/2025: Jaws at 50 and US Democracy Crushed Very Rapidly (Martial Law Seems Imminent)
Links for the day
Abuse Inside the Polish Patent Office (UPRP) - Part VII: Washing Their Hands After Corruption and Abuse
"Tragedy or comedy?"
Culling Bad RSS Feeds of Bad Sites
Not throwing out the baby with the bathwater
If 'Microsoft v Techrights' is Dealt With by a 'Microsoft Court' (or a Court Outsourced to Microsoft)
More on that later
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 09, 2025
IRC logs for Monday, June 09, 2025
Gemini Protocol Turns Six in 10 Days From Now
If you haven't tried it yet, then give it a go today
Live as You Preach
technology is fast becoming dysphoric