Bonum Certa Men Certa

The European Patent Office (EPO) Ought to Lead in Patent Scope, Not Slide to the Bottom of the Pile

What good is patent examination that does not (or cannot, due to lack of time) assess underlying evidence and just rubber-stamps almost everything?

Three monkeys



Summary: The United States is getting tougher on the same sorts of patents that the EPO under Battistelli is extremely eager to grant -- all in the name of so-called (fake) 'production'

HAVING closely watched and written about the patent systems since my early twenties (even before Techrights existed), I'm genuinely worried to see the EPO -- once the world's best patent office (based on several criteria) -- becoming even worse than the USPTO (historically notorious, especially since the Reagan years when policy was changed). The Patent Trial and Appeal Board (PTAB) is a growing force at the USPTO, whereas the EPO's equivalent (the appeal boards) is being marginalised. There are many ways by which to measure this marginalisation. It's more like sabotage by the Office, which is in principle supposed to be completely isolated from the boards; the boards should be untouchable in order to assure independence of judges (and freedom to rule as they see fit, based on underlying laws, evidence/prior art, the EPC and so on).

"The Patent Trial and Appeal Board (PTAB) is a growing force at the USPTO, whereas the EPO's equivalent (the appeal boards) is being marginalised."One of two areas we've always campaigned in is what we refer to as "patents as life" (there are other terms that can be used). Anticipat, a site which markets some products/services by bashing PTAB, has this new post today. It's actually a couple of days old (but only showed up today) and it speaks of the PatCon8 conference, noting that the "State of Patent-Eligibility of Medical Diagnostics [is] Not Good" (in the US).

It's good actually. Very good. No such patents should be permitted and many are indeed being denied. The USPTO has gotten tougher and early assessments suggest that the number of granted US patents -- not to be mistaken for patent applications -- will have declined by year's end (which is not necessarily a bad thing, for constant expansion in monopoly power isn't desirable). "The eighth annual PatCon hosted by the University of San Diego School of Law," Anticipat wrote on Tuesday, "included a wide range of speakers and presentations. Perhaps due to the largely academic audience, participants openly disagreed on various points. But one point had almost universal consensus: patenting medical diagnostics in the US is very bleak due to patent-eligibility. And it’s unlikely to change any time soon."

"The USPTO has gotten tougher and early assessments suggest that the number of granted US patents -- not to be mistaken for patent applications -- will have declined by year's end (which is not necessarily a bad thing, for constant expansion in monopoly power isn't desirable)."Good.

We recently wrote an article about the "cancer" which is patents on treatments (typically mere processes, not an invention) and the concept of "life sciences" as a Trojan horse for patenting things like genetics (nature's 'invention', not a human invention, maybe just an explanation/revelation/reverse-engineering by humans).

The EPO was recently denying patents on CRISPR. These patents on life are laughable and should be voided so as to avoid going down the slippery slope of making DNA as a whole some corporations' 'property'. Hours ago a site dedicated to advocacy of patents on life (or "life sciences") wrote about the ERS Genomics patent (we wrote about this exactly one week ago). This is what it said:

The European Patent Office (EPO) has granted a second CRISPR/Cas9 patent to a specialist genomics company, one month after revoking the Broad Institute of Harvard and MIT’s patent relating to the technology.

[...]

The EPO’s granting of Charpentier’s second CRISPR patent came a month after it revoked a CRISPR patent (2,771,468) owned by the Broad Institute.


Will consistency/clarity come from the appeal boards (Boards of Appeal)? Will they be able to rule independently?

"We have never seen even a single European programmer defending software patents."As we noted this morning, the Boards of Appeal were unable to rule properly (e.g. in lieu with the EPC and European Parliment) on software patents and one of their judges got put on a "house ban" shortly after he had vetoed a software patent of a company close to the EPO.

The "EPO annual report has replaced software patents by "4th Industrial Revolution" buzzword," Benjamin Henrion wrote an hour ago. "4th Industrial Revolution" means software patents, I've reminded him, by IAM's and Battistelli's (almost conjoined) own admission. Where will the EPO put the barrier to patenting? Should we accept that mere concepts (like algorithms, not even code) or code of life are patent-eligible in order to artificially inflate the number of granted monopolies? Where would that leave public health and programmers? At the hands of vicious law firms like pretty much every single European advocate of software patents? We have never seen even a single European programmer defending software patents. Never. ⬆

Recent Techrights' Posts

Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
 
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs