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

Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
 
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Sophie Brun, Raphel Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock