Bonum Certa Men Certa

EPO Defying Patent Restrictions/Limits From the European Parliament, the European Commission and the European Countries It Claims to Represent

The European Patent Convention (EPC) does not matter to the European Patent Office (EPO) anymore

European Parliament



Summary: The departure from the EPC (and from the rule of law) at the EPO still means that patents are being granted on things that, as per the constitutions, should never have been patentable

THERE is that boring old saying/canard, "the revolution won't be televised..." (or similar; along those lines)



At the moment, so-called 'IP' blogs (patents are not property) aren't saying much, if anything, about the EPO. IP Kat continues to intentionally overlook the rapidly-declining quality or lowered patentability bar at the EPO. Instead, in writing about the EPO/EPC a couple of days ago, it said this: "In order to satisfy the sufficiency requirement of the European Patent Convention (EPC), it is necessary for the applicant of a European patent application directed to a medical use to show that the claimed therapeutic effect is credible. However, when an patent application is filed, human clinical trial data are often not available. The claimed effect must therefore be demonstrated by data from in vitro experiments and animal models that are representative of the human disease. This practice reflects that of academic science, in which potential treatments are first tested and published using animal models before they are translated to the clinic. However, an applicant can face an uphill battle in convincing the European Patent Office (EPO) examiner that animal model data credibly demonstrate the claimed effect."

"Many patents are nowadays being painted as "medical" or "clinical" even though they're not..."There were similar articles (similar to the above) lately and usually the comments are a lot more informative. Many patents are nowadays being painted as "medical" or "clinical" even though they're not; it's that same old strategy of pretending denial of a patent would "cost lives..."

The EPO meanwhile angers everyone by granting patent monopolies on fruit and vegetables, plants and seeds, or basically nature itself. A few days ago an article was published to bemoan this; it turns out that the backlash foreseen before Christmas is already materialising, however slowly:

In June 2017, the European Patent Office (EPO) decided that no more patents would be granted on vegetables and fruit that originate from classical breeding techniques. However, the Technical Chamber of Appeal of the EPO concluded that this prohibition is in conflict with the European Patent Convention. According to current regulations, patents may still be granted on plant properties.

This is a huge setback, according to Dutch MEP Jan Huitema, since the European Parliament, the European Commission and the European countries have spoken out against this in order to prevent fruits and vegetables from falling into the hands of a small number of large companies and stifling innovation.


We've long opposed patents on such things; even many EPO insiders recognise the dangers of such patents. Then there's the threat of patents on algorithms or on mathematics -- something that wasn't envisioned in the days of the EPO's inception. How far down can the patent bar go?

"Courts' rejection of such patents will, in the long run, devalue European Patents and harm the reputation of this whole system.""You can watch the recordings of the EPO's #PatentingBlockchain conference," the EPO wrote at the end of the week, citing an event that advocated software patents in Europe; invited to the panel/keynotes were literal patent trolls, notably the patent troll most notorious in this domain. This seems to be happening a lot under António Campinos, whose management team converges with trolls' front groups.

Remember that patents on computer vision (my research area) are also software patents and the EPO promoted these as recently as days ago, citing an "EPO study"...

It's worrying to see the EPO getting away with this intentional and reckless degradation of patent quality. Courts' rejection of such patents will, in the long run, devalue European Patents and harm the reputation of this whole system. This is exactly what happened to patents granted by the U.S. Patent and Trademark Office (USPTO).

Recent Techrights' Posts

IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
Plot Twist: Microsoft MSN Relays Articles Hinting at or Pointing to Mass Layoffs Soon, Other Gossip
the narrative from Microsoft's "PR bunny" (Shaw) is showing mold already
'Vibe Coding' is Not "AI", It's a Sewer, It is Junk
Linus Torvalds was wrong. 'Vibe coding' isn't good for anything.
GNU/Linux May be Approaching 10% "Market Share" in Montenegro
The surge started around 2021
More IBM Layoffs in India
If IBM cannot afford to retain workers in India, then something is truly "out of control" at IBM
Dr. Richard Stallman Has Done No Harm to the GNU Project or the FSF (He Had Benefited Both, Always, Even After the Attacks on Him Began)
Some people try to prevent Dr. Stallman from speaking or having a platform where many people can hear him
Microsoft Isn't Denying the Mass Layoffs
Still silence from Microsoft
In Western Africa GNU/Linux Flirts With 5% Market Share
there's a gradual increase in GNU/Linux usage there
Gemini Links 09/01/2026: Pro1 X Repair and the Mercury Protocol
Links for the day
No, Microsoft Did Not Deny the Q1 Mass Layoffs (Microsoft Can Delay These)
Maybe they disperse or delay the layoffs (changing plans), but the layoffs are going to happen
 
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day
Links 09/01/2026: Google and Character.AI Implicitly Accept Chatbots Kill Kids and GLP-1 ‘Slimming Pens’ Turn Out to be a Lot Worse Than Advertised
Links for the day
At IBM, "Employee Reviews" (or Appraisals in the UK) Are a "Trojan Horse" for RAs (Mass Layoffs), a Waste of Time
comments from IBMer serve to suggest that appraisals can be precursors
Links 09/01/2026: Technical Blogging Lessons Learned and Google's Gmail Getting a Lot Worse
Links for the day
Escaping GAFAM Colonialism Requires Homegrown Free Software
GNU/Linux now measured at 3% in Zambia
GNU/Linux at 4% in Saudi Arabia, Says statCounter
Some years ago Windows fell to a "market share" of just 11% there
Links 09/01/2026: Cambodia and China Extradition, "NATO’s High-risk Patrols Near Ukraine"
Links for the day
Only One Person in Charge of Fedora is Not IBM Staff
This is not a community project, it's just a way for IBM to onboard unpaid volunteers
This Is Not a Drill, GNU/Linux is Really Going 'Mainstream' on Laptops (and Desktops)
It is important to explain to people software freedom
IBM Albany Layoffs
not only did many in the site lose their job; there's more to come "and likely another one in February" (weeks from now)
EPO Workers' Industrial Action to Include Many Strikes, to Last Several Months
In some ways, The Hague and Bavaria are becoming almost indistinguishable from Moscow
EPO People Power - Part XXIX - Getting DER SPIEGEL, FAZ, Deutschlandfunk and Sueddeutsche Zeitung (SZ) to Cover EPO Scandals
We kindly ask our readers to contact their local media and urge it to cover the scandals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 08, 2026
IRC logs for Thursday, January 08, 2026
Gemini Links 08/01/2026: "New Year, Old Plans" and Alex's "Butlerian Jihad"
Links for the day
LLM Slop About "Linux" Scarce and of Very Low Quality
At this rate, we reckon there may be one (or zero) per day by year's end
IBM's "Forever Layoffs" (to Bypass Warnings or Notices as Required by WARN Act)
There is a bunch of speculations about when the next "major round" of RAs will be
Attempts to Undermine This Site's Latest Series Using Intimidation, Threats, and Presumptuous Accusations
threatening language is less effective when everyone is an alibi
Links 08/01/2026: "Golden Smartphone" Scam and Riseup Account Issues
Links for the day
Links 08/01/2026: Possible "Collapse of NATO Over Greenland"; Journalistic Malpractice and "US Voters Hate Slop"
Links for the day
EPO People Power - Part XXVIII - A Sensitive Issue for Germany and The Netherlands
If Germans who read this series can communicate this to public officials or to their media, maybe they can strike a nerve and get the ball rolling
Age Discrimination at IBM Discussed Amid Mass Layoffs (Especially in the United States)
Workers are anxious. Are they next to face the axe?
Gemini Links 08/01/2026: Potentiometer Calculator, Power Outages, Why You Should Abandon Discord for IRC (e.g. Ergo), and Formatting Gopher Posts
Links for the day
Links 08/01/2026: More Software Patents Squashed, White House Repeats Misinformation From the Kremlin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 07, 2026
IRC logs for Wednesday, January 07, 2026