Bonum Certa Men Certa

A Retreat From Patent Quality Means a Retreat of Patent Applicants

They would not spend a fortune pursuing patents that courts would likely invalidate/reject for the same reason students would not apply for colleges and universities whose degrees aren't respected by employers

Walking feet



Summary: Walking away from patent offices that grant patents too easily (even patents that have no legal standing) is an existential threat to these offices; by tarnishing a reputation of patents which they grant patent offices can soon thereafter perish, as the EPO demonstrates (ongoing 'shadow' layoffs)

EARLIER THIS WEEK Romania Insider published "Only five out of a million Romanians own European patents," referring to European Patents (EPs) granted by the EPO. It's not so crazy to argue that EPs just aren't worth the money anymore because the EPO got corrupted by a bunch of self-serving crooks and as a result examination cannot be properly and thoroughly performed (as it ought to). There's not enough time to do the work, as insiders keep telling us, and veteran examiners are quietly being laid off. They're not even being replaced as there's a longterm hiring freeze and those with greater experience are being pushed out. This is a major scandal like nothing we've ever seen at the USPTO (the EPO actually makes the USPTO look very, very good and ethical in comparison).



Jakob Pade Frederiksen's new guest post at Managing Intellectual Property deals with "checking [of] patent text" by applicants. A poorly quality-controlled examination meant that a lot of work (such as researching prior art) had been offloaded to applicants; examination by the Office was killed by Battistelli anyway; he doesn't seem to have had an interest in anything other than speed or pace (or P.A.C.E.) because it's just 'printing' patents as fast as possible that counts as "success" based on his yardstick (so-called 'productivity'). The article in question cites the European Patent Convention (EPC) -- a fundamental document (like a Constitution) that long ago lost its relevance because the EPO stubbornly deviated and violated it ever so routinely. Battistelli treated it like toilet paper -- something which never bothered Jesper Kongstad, who actively participated in violating the EPC until his government (based on rumours we heard) effectively fired him. To quote:

Pursuant to Rule 71(3) of the European Patent Convention (EPC), towards the termination of the examination proceedings, the Examining Division of the European Patent Office (EPO) shall inform the applicant of the text in which it intends to grant the European patent. Following Rule 71(5) EPC, if the applicant subsequently pays the grant and publishing fees and files the required translations of the claims, he shall be deemed to have approved the text intended for grant.

[...]

The applicant's attempt to reinstate the missing parts of the claims did not thus succeed, despite the fact that it was the EPO's Examining Division that included an incomplete set of claims in the text intended for grant.


Examiners barely have time to deal with underlying texts; they read the texts and some are experienced/qualified enough do more and go further (it gets worse over time due to brain drain).

"The European Patent Organization (EPO) has issued an “Intention to Grant” for Europharma’s SuperSmolt FeedOnly," The Fish Site said yesterday. "EPO has reached its conclusion after an extremely thorough assessment process," but we doubt that! Based on what insiders have told us and based on leaked material, there's simply no time for an "extremely thorough assessment process" because one risks losing one's job for doing the job properly (i.e. proper examination, which can take time and effort). From the article:

The European Patent Organization (EPO) has issued an “Intention to Grant” for Europharma’s SuperSmolt FeedOnly, which offers feed-based smoltification of salmon, eliminating the need for the growth-inhibiting winter photo period associated with traditional hatchery smoltification.

[...]

“The decision will not change much in terms of our daily work and focus but we are pleased to have achieved the recognition from the EPO for our innovation. We have worked on smoltification over many years and put significant resources into developing SuperSmolt FeedOnly. The EPO has reached its conclusion after an extremely thorough assessment process and its decision is an acknowledgment of the innovative qualities of this product.


They would be deeply disappointed if they took someone to court only to discover that this patent is void and thus worthless (e.g. due to prior art or the fact that they arguably patent nature -- probably an impermissible thing in Europe).

Beata Khaidurova (FB Rice, i.e. the patent microcosm in Australia) is meanwhile whining and crying because it has gotten harder to get patents on life in Australia. Managing Intellectual Property gave her the platform to say that the "Change to Patent Examiners Manual creates uncertainty" (as readers may recall, Australia recently narrowed patent scope):

It is a long-standing principle of Australian patent law that determining whether or not a patent application is directed towards patentable subject matter should be done separately to determining issues of novelty and inventive step. However, amendments to the Australian Patent Examiners Manual late last year introduced a new practice, encouraging consideration of prior art when assessing subject matter eligibility, which in Australia includes the requirement that the invention be a manner of manufacture. A year on, it seems that this supposed clarification to the Manual has only resulted in confusion and uncertainty about what role prior art plays in determining the existence of patentable subject matter.

[...]

While the recommendation remains in place, it seems that the issue of patentable subject matter for software-related inventions in Australia has become more problematic than ever for patent applicants. There is a glimmer of hope, however, in the form of a number of appeals currently afoot in the Australian courts, which seek to overturn some recent Patent Office decisions regarding patentable subject matter, and hopefully steer the law in a more reasonable direction. With many members of the Australian patent attorney profession being in agreement as to the lack of legal support for the Manual's recommendation, the outcomes of the appeals are eagerly awaited.


What Khaidurova calls a "reasonable direction" is actually lawyers' direction. They want more and more patents; it is, after all, their bread and butter. They'd probably want bread and butter patented as well! Patent Docs, another site of patent maximalists, has meanwhile published another "Life Sciences Court Report" (the term "Life Sciences" is misleading for reasons we've named before). Bryan Helwig reiterated: "We will periodically report on recently filed biotech and pharma litigation."

They typically just promote patents on life and nature -- something which Australia grapples with. How can life and nature be considered "inventions"?

Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
 
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
"But Corruption is Everywhere"
"We'll always have Polio..."
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025