Bonum Certa Men Certa

The Quality of European Patents Likely Declined Even Further in 2018

The EPO saw change of President, but patent examination continues to exacerbate in Europe (and it's not examiners' fault)

Reference (Wikipedia): Human capital flight



Summary: Bad leadership and loss of talent are dooming the European patent system, where the sole goal right now seems to be granting as many patents as possible, irrespective of underlying rules and economic analyses

THE American patent system (especially the courts) seems to have improved in the sense that it becomes a lot stricter; patents on software, for example, are harder to get/enforce in the US, but the system in Europe is all backwards. The European Patent Office (EPO) changed a lot -- obviously for the worse -- after 8 years of Battistelli; we aren't even talking about all the abuses and corruption but about purely technical things. Examiners and stakeholders both complain -- something that has not happened at any moment in history. The EPO makes the US Patent and Trademark Office (USPTO) look like a model organisation.



"The EPO makes the US Patent and Trademark Office (USPTO) look like a model organisation."The year is about to end and we want to minimise writing while we migrate to another datacentre (data synchronisation being of concern); but before Christmas kicks in (marking about a month since SUEPO last said anything) let's quickly look at what the patent trolls' lobby wrote some days ago. Adam Houldsworth, promoter of patents on life, spoke about the EPO's opening to patents on life again:

EPO announcement signals prohibited plant patents may be back on the cards – The EPO’s Technical Board of Appeal stated that a recently adopted rule of not granting rights for plants produced exclusively by an essentially biological process contradicts the European Patent Convention, suggesting that the office will now begin to grant patents for such inventions again. Following years of uncertainty about the patentability of the products of essentially biological processes under Article 53(b) of the EPC, the EPO Administrative Council provided clarification in 2017 by amending the Implementing Regulations to include Rule 28(2): “Under Article 53(b) European patents shall not be granted in respect of plants or animals exclusively obtained by means of an essentially biological process.” However, in early December the Technical Board of Appeal issued a notice saying that: “At the oral proceedings, which took place on 5 December 2018, Technical Board of Appeal 3304, in an enlarged composition consisting of three technically and two legally qualified members, held that Rule 28(2) EPC (see OJ 2017, A56) is in conflict with Article 53(b) EPC as interpreted by the Enlarged Board of Appeal in decisions G 2/12 and G 2/13. The Board referred to Article 164(2) EPC, according to which the provisions of the Convention prevail in case of conflict with the Implementing Regulations, and decided to set the decision under appeal aside and to remit the case to the examining division for further prosecution.”


Cooley LLP's Colm Murphy and Steve Cuss [1, 2] and HGF Ltd's Ellie Purnell also wrote about it some days ago. The latter was titled "EPO Technical Board Of Appeal Considers Plants Produced By Essentially Biological Process Are In Fact Patentable," but it's likely far from over. The management of the EPO is acting in violation of directives and the EPC, i.e. both the authorities and its founding 'constitution'. There's likely parliamentary (or public interests' groups) opposition on the way, but it's too near to Christmas, so none has been waged yet. Wolters Kluwer has meanwhile announced this new (2018) edition of "Visser's Annotated European Patent Convention" [1, 2, 3]. Those are paid press releases (or copies thereof). Does the EPC even matter anymore? It certainly isn't being respected.

As always, what worries us most is software patenting in Europe; seeing that the EPO is willing to even grant patents on life/nature is a very bad sign. Consider this new article (Dentons' Sara Massalongo and Giangiacomo Olivi) that says "Artificial intelligence mainly consists of software—that is why it is also referred to as “super software”—which is typically protected by copyright."

So stop right there. Stop promoting "AI" patents or calling it "IP" (even in the headline). Here's the part about the EPO:

Programs for computers and mathematical methods as such are excluded from patentability; however, it is possible to patent the so-called “computer-implemented inventions” (CII), i.e. the inventions that have features realized wholly or in part by means of a computer program and which provide a technical effect.

Therefore core-AI, e.g. the algorithm as such, is not patentable, whereas only AI-related inventions which have a technical character are eligible for patent protection.

The European Patent Office has recently issued guidelines on the patentability of AI-related inventions, moving from the discussions carried out during the EPO conference on “Patenting Artificial Intelligence” held on May 30, 2018.


The EPO just ignores the EPC. It is violating basic rules in order to fake 'growth' and this inspires some others. DANIEL Legal & IP Strategy's Gustavo Sartori Guimarães and Rana Gosain, for example, have just published this article about Brazil and it mentions EPO programmes like PACE, Early Certainty, PPH and other accelerators. They may be missing the point that speed must never be the goal of patent offices but accuracy or validity only. "Despite a reputation for being slow to grant patents, Brazil’s IP office has introduced a number of programmes to expedite examination," they said. Even the EPO's applicants have complained about too fast a process, seeing this was sometimes done hastily, sloppily, and shoddily. Speeding up the process and then conflating speed with "quality" is a hallmark of the EPO's deception. The price for this will be paid over the years (the long run) as the certainty associated with European Patents is diminishing, defeating the purpose of examination.

Recent Techrights' Posts

Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
 
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025