Bonum Certa Men Certa

EPO 'Results' Are, As Usual, Not Measured Correctly

EPO treating itself like a for-profit corporation that manufactures and delivers goods/physical items

EPO fragile parcel



Summary: The supranational monopoly, a monopoly-granting authority, is being used by António Campinos to grant an insane amount of monopolies whose merit is dubious and whose impact on Europe will be a net negative

LONGTIME READERS KNOW THAT TECHRIGHTS is not against patents but against patent maximalism (where patents have become like a religion, albeit motivated by interest in legal fees rather than scientific advancement). If patents are a case of "the more, the merrier" (they're not), why not assign computer algorithms to generate billions of patents every hour, examine these by the billions per hour, and then put these online somewhere? Wouldn't that take us to other galaxies? Or improve people's lives?

The number of patent applications declined at the U.S. Patent and Trademark Office (USPTO) last year, the first year of Director Iancu, who is nowadays trying to signal that the Office will become a lot more lenient because quality of patents or merit of a monopoly is "not his department". But this post isn't about the US and we'd rather not focus on it. Let's focus on Europe.

"If patents are a case of "the more, the merrier" (they're not), why not assign computer algorithms to generate billions of patents every hour, examine these by the billions per hour, and then put these online somewhere?"EPO 'Results' (they use this term) are akin to financial results of corporations. They fail to actually measure something meaningful. We wrote many rebuttals (literally dozens) in 2017 and 2018 (about 2016 and 2017 'performance', respectively). In past years we responded to or rebutted many press articles, but it can be an exercise in futility. They're not really trying to report facts but to repeat what the PR department of the European Patent Office (EPO) tells them to print. Some media organisations had reported the results before the EPO announced these, so there was clearly a degree of prior coordination (if not "collusion"). That's also true this year (earlier this week), as we noted two days ago. The EPO has been granting bogus software patents, dubbing these "AI" etc. in order to overcome the fact they're against the EPC. Lots of fake patents have in general been granted, not just software patents. Seeing dozens of shallow, fact-free 'articles' about EPO 'Results', we're hardly surprised. See the EPO's Belgium slant from yesterday (as usual, cherry-picking countries to highlight only favourable figures) and this misleading propaganda (“UK pharma sector continues to grow” is the headline). The EPO has lowered the patenting bar, this does not mean that the sector is growing (never mind how awful a measure of growth patents are).

IP Watch and IAM also participated in relaying the EPO's texts (even figures!) and IAM has just published this advice for software patents in Europe, courtesy of Carpmaels & Ransford LLP again. The EPO has made it easier to pursue software patents, more so under Campinos, with buzzwords like "AI" that nowadays just refer to "algorithm" or "computer" (nothing more sophisticated than an if-else statement). To quote:

As the law develops, the EPO updates its Guidelines for Examination in order to help patent applicants decide whether their inventions are likely to be considered patentable. Recently, the EPO has added a specific section to the guidelines on AI.

In addition, the guidelines now include clarification on how inventions directed towards graphical user interfaces are assessed. In summary, if a graphical user interface credibly assists the user in performing a technical task, then the invention is more likely to be patentable. However, if the invention merely provides an improvement from an aesthetic point of view, the EPO will take a negative stance.


That's just ridiculous! But given what insiders are saying, this has gone on for a while.

"The EPO's adoption of patent maximalism is going to cost Europe billions in damages; it may, as a side effect, also undermine the very existence of the Office."We'll continue to observe press coverage. We're also seeing some press releases about patent grants, e.g. to HyperSolar [1, 2] and to Checkpoint Therapeutics. Earlier this week the former said:

HyperSolar, Inc. (OTCQB: HYSR), the developer of a breakthrough technology to produce renewable hydrogen, using sunlight and any source of water, today announced that it has received the European Patent Office (EPO) decision to grant the patent entitled “Multi-junction artificial photosynthetic cell with enhanced photovoltages”.


The latter said:

European Patent No. 3035936 specifically covers the compound CK-101 and a broad range of related compounds, salts and pharmaceutical compositions, including various dosage forms of such pharmaceutical compositions. It also covers certain uses of such compounds or salts in treating cancer or a disorder mediated by EGFR or NSCLC, either alone or in combination with an additional anti-cancer and/or cytotoxic agent.


Unlike software, this isn't really my area/domain, so I can't reliably comment on novelty. Having said that, one major concern to have is that legitimate patents get mixed with a lot of fake ones and the reputation of European Patents is, in general, eroding. The same goes for presumption of validity.

The EPO's adoption of patent maximalism is going to cost Europe billions in damages; it may, as a side effect, also undermine the very existence of the Office.

Recent Techrights' Posts

LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
 
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026
Links 13/05/2026: Sudan War Enters Fourth Year and Strait of Hormuz Leaves Safe Passage a Gamble
Links for the day
Gemini Links 13/05/2026: Useless Protests and Foofaraw on Geminispace
Links for the day
Mainstream Media: Microsoft Says No Layoffs. Microsoft: OK, There Are Layoffs.
Where is Waggener Edstrom/Frank Shaw now?
IBM's Kyndryl Down Almost 20% in 5 Days, IBM Down 35% in About 6 Months, Further 'Staff Reductions' at Red Hat (Problems Paying Salaries!)
Will this year's festivities be Krishna's last?
More Mass Layoffs at Microsoft, Only Weeks After the "Buyout" Nonsense (Glorified Severance to Highest-Paid American Staff)
Next up it is LinkedIn
IBM is in a Freefall, When Will IBM's CEO Fall on His Sword?
Since he controls the Board, is anyone in a position to fire him?
At GitLab, "AI" is "All India"
It says "as much as 30%," but they also hire and it's clear what demography is targeted
Verified Accounts of Microsoft Offering 'Retirement' (Layoffs) to People in Their 40s, Over Two Decades Earlier Than Retirement Age
It's not even about performance, it's about age (or "cost" as well as location; they cheapen the labour)
Links 13/05/2026: Slop Turns Into 2008-Style Subprime Bubble, Mass Layoffs at Starbucks
Links for the day
They Don't Like the Layoffs, So They Are Rebranding Them
Layoffs are layoffs
IBM Downgraded as the Shares Sink to New Lows
The current strategy of IBM is financial engineering, wage reductions, and mass layoffs that the corporate media refuses to even write about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 12, 2026
IRC logs for Tuesday, May 12, 2026
Gemini Links 13/05/2026: TUIs and Internet Radio
Links for the day
How the European Patent Office Became a Crime and Corruption Hub, One of Europe's Biggest
incomplete outline