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 SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
 
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026
Monday, January 12, Red Hat Layoffs Allegedly Planned
We'll update this post or follow up if or when we get more information
Slop Still Becoming Rare as Another Week Ends
Generally speaking, calm and quiet is desirable, it's what we hope for (an absence of slop, a lack of need to keep abreast of it, ultimately)
Links 10/01/2026: Iran Offline, Venezuelans Decry Civilian Casualties
Links for the day
GAFAM Wants War
Go war! Go bailouts! Go debt! Go Wall Street!
GNOME Foundation's Microsoft Developer Account
"Lately they're teaming up with Mozilla to eliminate middle click paste - something which I use continuously."
GNU/Linux and Chromebooks Rose to Almost 10% in Haiti
What's noteworthy is that this month GNU/Linux is measured at around 8% and ChromeOS at about 2%
Links 10/01/2026: "Abolish ICE or GTFO", Calls to Ban X/Twitter From Apple/Google App Stores (or Implement National Blocks) Over MElon Turning It Into Non-consensual Deepfake Porn Site
Links for the day
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
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
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
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