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

Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day