Bonum Certa Men Certa

Expect an Avalanche of Bad Patents (Including Software Patents) From the EPO to Become Invalid, Shaving Off a Lot of Imaginary Value

Avalanche training



Summary: The crisis of patent quality in Europe is causing uncertainty and invalidation in bulk -- a problem which would likely exacerbate in years to come

ONE THING that the EPO and USPTO have in common is that both have a large number of granted patents deemed invalid. These should never have been granted. It was a massive error.



Clarke Modet & Co's Yolanda Echeverría notes that many EPs (European Patents from the EPO) are now null and void. Yesterday Echeverría wrote: "The amendment of the Regulation on the European Patent Convention (Rules 27 and 28) enters into force, in which plants and animals exclusively obtained by essentially biological processes (such as crossing and selection) are excluded from patentability."

We previously wrote about controversial EPO patents (EPs) on cancer treatments [1, 2] and yesterday a company published this press release:

HAMLET Pharma AB is pleased to announce that we have received a notification from the European Patent Office (EPO) regarding a patent application with claims to the use of HAMLET or HAMLET-like complexes to treat or prevent gastrointestinal cancer.

The patent application is in order for grant and thus fulfills the criteria to be accepted by the EPO examiners.

The patent application, EP13762204.9, includes claims where complexes including HAMLET are used for the treatment of colon cancer.


If the treatment of colon cancer becomes a monopoly, is this something for the public to rejoice? We can't help but wonder if these patents too will one day be rendered invalid.

We have just written about EPOPIC, but we did not take note of these tweets [1, 2, 3] in which the EPO is dropping buzzwords for software patents. "What do you think," one says. "How is the patent searcher profession changing as a result of #industry40 & #artificialintelligence? Tell us!"

These are just surrogate names if not synonyms for some patents on software (CII), for reasons we covered here before.

As it turns out, some legal firms in the UK already openly state that it's easier to get software patents from the EPO than it is from the USPTO.

Yesterday, Alastair Lowe from Haseltine Lake LLP wrote that "for computer-related inventions [CII], it might be wise to consider protection in the UK via the EPO rather than via the UKIPO."

Here's the whole relevant part:

In view of this, for computer-related inventions, it might be wise to consider protection in the UK via the EPO rather than via the UKIPO.

So can we expect to see a softening in policy by the UKIPO?

Looking further back, from 2010 to 2013, at least 88% of UKIPO hearings related to excluded matter were unsuccessful. The rate in 2014 was 73%, though there were a lower than usual number of applications in that year. Overall, though, the success rate has been very low for a number of years.

Looking at 2017 in more detail, even though two recent cases have been found in favour of the applicant, this is still in the context of 27 hearings related to excluded subject-matter being refused in 2017 so far – a rejection rate of over 93%. Therefore, whilst two successful cases this year is encouraging, being twice the number of successes from the previous two years, it is unlikely that this marks a change in the likely outcome for such cases. Therefore, the EPO remains the most promising route for obtaining protection for computer-related inventions.


The EPO is building up a bubble of patents which, according to European law, are not allowed. How long before these patents too are bust (bubble implodes). As somebody told me yesterday: "I'm suddenly brought to wonder if bigcorps see software patents as a form of private fiat currency -- difficult to forge because of all the work required to create them, but legally recognized as a form of property (regardless of any intrinsic value). This would have implications."

Considering the fact that software patents are banned in Europe we expect some major avalanche some time in the coming years. It has already happened in the US (and this avalanche is rapidly accelerating since 2014).

Recent Techrights' Posts

[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
 
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025
Links 14/05/2025: Fentanylware (TikTok) Harms Kids, Russia Refuses to Defuse
Links for the day
Gemini Links 15/05/2025: Poseur Nerds and Mennonites
Links for the day
VS Code Is Not FOSS, And Neither Is the Site "It's FOSS"
VS Code is proprietary spyware of Microsoft, yet this site keeps promoting it like it's FOSS
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025