Bonum Certa Men Certa

The European Patent Office Has Assaulted Patent Quality While Trying to Distract From That

German Tornado



Summary: The EPO's lack of interest in the merit of patents that it is granting poses a grave threat to Europe; the 'patent lust' of EPO management is helping nobody, definitely not patent examiners (who are the very core and heart of the Office)

MANAGEMENT of the European Patent Office (EPO) -- like the new Director of the USPTO -- has lost sight of the importance of patent quality and patent judges. Judges are treated like enemies because they guard patent quality (they refuse to accept wrongly-granted patents, based on the respective laws).



"Examiners constantly complain that they can no longer perform their job like they’re supposed to (as per the EPC)."Buried under a load of puff pieces, like the UPC nonsense we've just mentioned, is press coverage about decrease in patent quality. SUEPO has just cited one article to that effect (list updated yesterday). "New EPO messages reveal quality decline and ‘confuse’ staff," the headline says. The EPO's management would prefer nobody to see this. Instead, see the JD Supra press release that's an EPO puff piece from Barley Snyder. From his opening paragraphs:

During my time in Germany, I have learned and discussed with colleagues differences between American and European patent laws ranging from the nuanced to the more pronounced, and the differences in argument strategies corresponding to these legal distinctions.

But one of the commonalities between the patent laws and processes has recently become especially clear.

The patent process, by its nature, requires a patent examiner to conduct legal analyses regarding technology, including proverbially stepping into the shoes of a person “with ordinary skill in the art” at the time the patent application was filed, to determine whether written claim language of the present application is sufficiently different from the prior technology to issue a patent. This determination necessarily involves varying degrees of judgment based on experience. Critical points of understanding can depend on small variations in language. An examiner’s decision in a patent application is necessarily colored by his or her own opinions, personality and understanding of both the application and prior art.


Or, as things stand at the moment, demands and 'targets' from above. Examiners constantly complain that they can no longer perform their job like they're supposed to (as per the EPC).

Hogan Lovells has a new essay on the EPO allowing software patents in Europe (so-called 'computer-implemented inventions' or 'CII') through misuse of broad and vague buzzwords like "AI". Published on Friday, it said this:

Earlier this year the European Patent Office (“EPO”) held its first ever conference on patenting artificial intelligence (“AI”). Following intensive discussions on the impact of AI in the patents sector, the EPO promised to update its Guidelines for Examination, to provide specific guidance on the examination of AI applications under existing computer-implemented inventions (“CII”) practice and case law.

The EPO has delivered on its promise. A preview-version of the new Guidelines is now available on its website. These Guidelines are set to take effect on 1 November 2018. Plot spoiler alert – the new section on AI and machine learning now appears in section 3.3.1 of Part G of the Guidelines. Those of you who are familiar with the Guidelines will immediately spot that this new section on AI and machine learning has been inserted under the part of the guidelines that deals with mathematical methods.


We wrote about this as recently as yesterday when we also mentioned patents on life in light of this hearing, as covered yesterday by IPPro Patents. Ben Wodecki (of IPPro Patents) called these patents on nature "unlawful" in the headline (quoting those who judged them):

The European Patent Office (EPO) has reduced the scope of a patent granted to Carlsberg and Heineken related to conventionally-bred barley.

The decision was made during a public hearing in Munich, where examiners found that the patent, which covered conventionally-bred barley, its usage in brewing and the resulting beer, is now restricted to plants with a specific mutation which can influence the content of these flavours.

Originally, the patent covered all plants with a reduced content of some undesirable flavours.

The No Patents on Seeds pressure group said that it plans to appeal the decision as it is “only a partial success” and has called on politicians to take action.

The group had called on European politicians to speak out against companies abusing the patent system so that the EPO “will once again be reminded of their continuing responsibility to protect the common good”.


The EPO's Web site has not said a word about it. The Twitter account of the EPO did not mention it either. Yesterday the EPO instead chose to belatedly post this nonsense: (warning: epo.org link)

The 58th series of Meetings of the Assemblies of the member states of the World Intellectual Property Organization (WIPO), which took place from 24 September to 2 October 2018, provided a unique opportunity to take stock of the progress in co-operation activities, and to define future directions. The EPO agenda included over 45 official meetings with national patent offices from other regions.

The meetings aimed to further strengthen relations with a number of strategic partners; these take the form of comprehensive co-operation plans which aim to streamline patenting procedures while building up national capacities, and to deliver high-quality training and assistance to the partner offices.

IP Australia officially joined the Cooperative Patent Classification (CPC) family by signing Memorandum of Understanding (MoU) on the CPC together with a comprehensive biannual work plan. This brings to 28 the number of offices classifying their patent documentation using this highly refined system. Other important developments were the signing of MoUs on co-operation with the National Institute for the Defense of Free Competition and the Protection of Intellectual Property of Peru (INDECOPI), the Gulf Cooperation Council (GCC), and the Eurasian Patent Office (EAPO). The EPO also renewed its MoU on co-operation with the Superintendence of Industry and Commerce of Colombia, a user of EPOQUE Net.


Seeing the European Patent Office in bed with WIPO (whose abuses can be similar at times) is hardly surprising. Both institutions are patent maximalists who more or less disregard science for the sake of lawyers. Patent offices were never meant to be pipelines for litigation; that kind of changed when a patent lawyer was put in charge of the USPTO, whereas the EPO got itself a politician in charge (and now a former banker).

Recent Techrights' Posts

Firefox in Trouble in the US, Down to Lowest Level in 20+ Years
more sites will stop or intentionally neglect Firefox support
Clownflare: More Than 1 in 5 Laptops or Desktops in El Salvador Run GNU/Linux or ChromeOS
Clownflare Radar reckons it's more like 20%+ now
Omarchy is Already Dying
Same as the life cycle of slopfarms
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
 
Gemini Links 19/08/2026: "Big Boost in Autonomy" and "Answer of E-Mail"
Links for the day
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026