Bonum Certa Men Certa

EPO Management is Knowingly and Consciously Granting Invalid European Patents, Including Patents on Life and Nature

Anything to fake so-called 'production'

3 pears



Summary: A "patents on everything, just apply today at the EPO!" attitude has tarnished the reputation of the EPO; it's abundantly clear that the EPC is being routinely violated because all that matters to the EPO is money from applications and renewals (milking cows)

IT IS everything but amusing to see the attitude of Iancu at the U.S. Patent and Trademark Office (USPTO) and António Campinos at the European Patent Office (EPO). They disregard the law, they mock judges. They grant software patents which they know would not be upheld in courts. As a patent maximalist put it yesterday in relation to the USPTO: "the agency was refusing to issue patents that it saw as crossing-the-eligibility-line. However, the new statements by Dir. Iancu go the other-way, with the USPTO creating a policy of issuing patents that the courts would find invalid (if given the opportunity). The statement from the court here is important although buried in a non-precedential opinion. One reason for its importance is its clear tension with the Federal Circuit’s recent decision in Natural Alternatives that called for Skidmore deference to be given to the PTO statement on eligibility."



The subject is important enough that, even though we refuse to cover pertinent US patent cases, we wrote about it yesterday. The same thing is going to happen in Europe. To a certain degree, it is already happening. We wrote about it last week and the week before that after the UK Supreme Court had dealt with such a matter (after they had thrown out yet another European Patent). At Lexology, Gowling WLG's Gordon Harris and Paul Inman wrote about the UK Supreme Court in relation to the EPO as recently as yesterday ("The UK Supreme Court review of the law of obviousness"), so people aren't forgetting just yet. There's a growing sense of tension between courts/judges and the EPO -- similar to what we see in the Federal Circuit and SCOTUS (US).

"There's a growing sense of tension between courts/judges and the EPO -- similar to what we see in the Federal Circuit and SCOTUS (US)."We keep exploring various new decisions and grants, only to find a rather consistent pattern. Those who are inside the EPO are inclined to do what Campinos wants (maybe fearing for their livelihood), whereas outside the EPO we keep seeing European Patents invalided aplenty. Is the Opposition Division free to rule as it sees fit? Without fear from management, which is a pack of patent maximalists? Is the Opposition Division any more independent than the Boards of Appeal? No, neither is independent. So here's one newly-announced outcome which pertains to mass litigation in Düsseldorf:

Visual technology market leader RealD Inc. announced today that the European Patent Office's (EPO) Opposition Division has upheld the validity of another one of the Company's key patents for light-doubling 3D cinema projection systems. As a result, RealD's European patent that covers triple-beam 3D cinema projection systems (EP2846180) remains in full force.

RealD announced on December 18, 2017 the filing of a complaint with the District Court in Düsseldorf, Germany, alleging that Volfoni SAS, Volfoni GmbH and CinemaNext Deutschland Gmbh have infringed three of RealD's European patents by the importation, sale, or offer for sale of the Volfoni SmartCrystal Diamond cinema systems in Germany. In the complaint, RealD requested an injunction banning the sale of the infringing devices and sought financial damages.


By the sound of it, the patents might still not be valid, but it remains to be decided by someone outside the EPO, which is managed by patent maximalists. Watch what they wrote yesterday about "medtech" (their new buzzword and hashtag for algorithms that are used in a medical context). They also used the hashtag "biotech" and the term "life sciences" (bogus nonsense, used more often than not to describe life and nature as patent-worthy man-made 'inventions'). To quote yesterday's tweet: "Do you work in life sciences? Eight of the EPO’s top ten applicants for #biotech #patents came from Europe."

Like what, patents on genetics? Vegetables? Seeds? Pigs?

The EPO is granting patents on life. Patents on nature, too. When do we get to see patents on religions and superstition too? Is "God" patented yet? All the "Gods"?

Global Banking And Finance Review has this new press release about genetics being patented in spite of the CRISPR controversy (Opposition Division). In their own words:

ERS Genomics Limited announced today that the European Patent Office (EPO) has issued a new patent to Dr. Emmanuelle Charpentier, The Regents of the University of California and University of Vienna. EPO Patent No. 3,401,400 claims methods and compositions of using CRISPR/Cas9 to modify DNA and regulate gene activity in eukaryotic cells, including kits to carry out such work. ERS Genomics provides broad access to these and other foundational CRISPR/Cas9 patents co-owned by Dr. Emmanuelle Charpentier.


Great! European Patents on genetics! Yet again.

EPO management keeps pretending that it'll tackle the legality of it with respect to the EPC, but watch what Jim Robertson has just said:

The only legally "clean" way for this to be resolved is for the Biotech Directive 98/44/EC to be amended - at that point the AC could use Art 33(1)(b) EPC to amend Art 53(b) EPC to bring it into line with the amended Biotech Directive. That does, however, requires unanimity of all EPC contracting states.

This is a political issue, and the big question is: why it is happening this way? If *all* EPC contracting states (therefore also implying all EU member states) wanted the EPC to be amended then it would be relatively simple and easy to make the necessary changes to the Biotech Directive and the EPC.

Do the events at the EPO imply some kind of political problem? A lack of unanimity? As ever, it would be fascinating to find out exactly what is actually going on behind the scenes...


“Do the events at the EPO imply some kind of political problem? A lack of unanimity? As ever, it would be fascinating to find out exactly what is actually going on behind the scenes...”
      --Jim Robertson
Robertson was responding to Mike Snodin, who on Tuesday quoted from CIPA's position paper (we had made a local copy [PDF] and remarked on it earlier this week). His quote from CIPA's publication : "Our position is that there are presently are no valid grounds upon which the EBA could accept a referral the President under Article 112(1)(b) EPC with respect to the interpretation of Article 53(b) EPC. The EBA has already provided a binding interpretation of Article 53(b) EPC, meaning that there are no “different” (i.e. conflicting) decisions of Boards of Appeal that might form the basis of a referral under Article 112(1)(b) EPC"; and

"in our view, there are no valid grounds for disputing the Board of Appeal’s conclusion that the above-mentioned EC Notice (i.e. the Notice upon which Rule 28(2) EPC was based) has no legal authority under the EPC".

The EPO is clearly and unreluctantly still granting patents in defiance of the EPC. SUEPO estimated, as per its two-days-old publication, that 30,000 such invalid European Patents were granted last year alone. It is extremely expensive (legal fees) to clean up such a mess. It's almost impractical.

Recent Techrights' Posts

In Addition to National Delegates, Contact the French or Portuguese Governments (Politicians) Regarding António Campinos
Someone needs to step into the EPO and open up all the closets
EPO People Power - Part IV - Sexism, Chauvinism, and Lines of Cocaine at Europe's Second-Largest Institution
Recently, one reader told us about Berenguer, who made the "mistake" of using cocaine in the open market
The Web Has Become Extremely Rude
If you cannot behave, go offline
Like Clickfraud Spamnil (Swapnil Bhartiya) But for Hate Mongering: What Twitter Has Become
If you still waste time in Social Control Media, consider changing course
EPO People Power - Part II - Talking About Corruption
European media must "grow a pair" and start writing about EPO corruption
Circular Funding
Passing around capital that does not exist (for PR's sake, but there are ramifications)
Y Combinator (YC) Funds Scams, Run by Scammers
Including Scam Altman
 
Those of Us Who Grew Up Playing Doom Must Remember What Microsoft Did to Its Creator
Doomed by Microsoft
At The Register MS, Fake 'Articles' Sponsored by WIntel (Windows+Intel)
We've meanwhile noticed that there's new sponsored spam in at The Register MS and it might be slop
Microsoft-Sponsored Wikipedia Spam About "AI", Added by Microsoft Operatives
When it comes to Wikipedia, follow the money (sponsors)
Keep on Pushing, EPO Management is in a State of Panic This Week
Contact your representatives today
If You Want Freedom, Follow Richard M. Stallman (RMS)
To be clear, I like Linux, I like its founder
EPO People Power - Part III - Challenging Corruption
The media - as in the national press - isn't interested in writing about it
The Flawed Notion of Criticising for Criticism's Sake
People who are highly critical of things are not "toxic"
A Lot More Than Techrights
you probably also want to follow the RSS feed of the sister site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 10, 2025
IRC logs for Wednesday, December 10, 2025
Slopfarms Parrot Any Number That GAFAM Throws at Them, Even Totally Fictional Figures That Merit Fact-Checking
fake from Microsoft
Microsoft Lunduke Tailors His 'Content' for 4Chan
The latest from Lunduke "Journal"
Richard Stallman Was Also Right About Microsoft GitHub (It's Becoming a Botfarm)
trashing the platform
Democracy and Buzzwords
and hype
Five Years in Gemini Protocol
One might say we escaped to Geminispace 2 years before the deluge of slop on the Web
Keeping Up the Pressure on EPO Management
We want to thank our European readers who contacted their representatives
For New PCs and for Old (or Retro) PCs the Increased Cost of System Memory Benefits GNU/Linux and BSDs
GNU/Linux does not have this problem or barely has this problem
Gemini Links 10/12/2025: "Thousand Mile Journey" and The Art Of Chilling
Links for the day
Moving Away From Content Management Systems (CMSs) and Flocking to Static Site Generators (SSGs)
The SSG 'hype' is not based on marketing but a simple reality
IBM is Laying Off Workers in India (While Spending a Fortune Buying a Company for Buzzwords, a Box-Ticking Exercise)
So what is the overall strategy?
Just a Little Slop About "Linux"
Slop about Linux isn't that common anymore
Links 10/12/2025: McDonald’s Latest Slop Gaffe (After Dumping IBM's Slop) and "Scam Altman’s Panic Sweats"
Links for the day
Links 10/12/2025: Ransomware (Windows TCO) Has Crippled Economies, Slop (Fake) "Videos Have Flooded Social (Control) Media"
Links for the day
EPO People Power - Part I - Identifying Corruption
The EPO, at this stage, is a boat full of holes
IBM Has Become a "Plantation"
IBM is basically being destroyed for some cash at this point
It's Not Too Late to Send an E-mail to Your European Representative Regarding European Patent Office Abuses
If you live in Europe and have not done so already, please contact your national delegates, whose job is (at least on paper) to represent you
Almost a Thousand EPO Workers Have Voted for Industrial Action
Mandate given to SUEPO for action plan to stop the salary erosion of EPO staff
Why So Many Software Projects Are Quitting Microsoft and GitHub
Be more like LibreWolf. Move away from Microsoft and GitHub.
Many of the Attacks on Us Apparently Boil Down to Jealousy
Envy is a negative trait that leads people to self harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 09, 2025
IRC logs for Tuesday, December 09, 2025
Valuing One's Work by the Effort or Budget Taken to Undermine It
As long as what we publish is factual, nothing prevents its publication
IBM Says It Buys Another Company for "AI", So Why Does IBM Fire Its Own "AI" Experts?
As people rightly point out, this has nothing to do with "AI"
The Boundaries of Criticism
The harder the EPO will push back, the better the job we must have done
New EPO Series: Mafia Culture, Mobbing, Nepotism, and Illegal Drugs
The series shall start later today
Richard Stallman Was Right About "AI"
"Considering Stallman worked in the MIT AI lab in the era of symbolic AI, and has written GCC (an optimizing compiler is a kind of symbolic reasoner imo), I think he has a deeper understanding of the question than most famous people in tech."
With 3 Weeks Left (Sans Extensions) the Free Software Foundation (FSF) Has Already Raised About Half of the Money Set as Fund-Raising Goal
“Idiots can be defeated but they never admit it.” — Richard Stallman
Gemini Links 10/12/2025: Cranberry Juice and Gramophones
Links for the day
IBM: We Lay Off Tens of Thousands of People the Very Same Week We Spend 11 Billion Dollars (Debt) on "AI" Fantasies, Hiring About 8,000 People at Cost of 1.3+ Million Dollars Per Employee
Seems like IBM is run by fools
Google Still Promotes Plagiarism From WebProNews and Prolific Slopfarms
Google News seems lost and hopeless sometimes
Links 09/12/2025: Tariffs Causing Great Harm and "How to Leave the U.S.A."
Links for the day
Links 09/12/2025: "After the Bubble" (of Slop), "The Internet Forgets"
Links for the day
Gemini Links 09/12/2025: Lunar Observations and Programming
Links for the day
Linux Foundation Has Found a New Business: Pyramid Schemes
Linus Torvalds should have known better
They Won't Tell You This ("Revolution Won't Be Televised"), But the Slop Bubble Already Burst
We already wrote about it twice this morning
UbuntuPIT Started Experimenting With LLM Slop and a Month Ago It 'Died'
This is the typical trajectory of slopfarms
LibreWolf Will Turn Six in March, It Already (Probably) Has Millions of Users
It's not possible to know the number of users LibreWolf has
The Year of the New Dark Age
Something isn't right
Slopwatch May be Doomed
Slop isn't changing the world, certainly not in a good way anyway
BetaNews Still a Dodgy Site, It Seems to be Partly Run by Chatbots
The company that took over apparently tries to "monetise" the domain with slop
Tomorrow the EPO Administrative Council is Meeting to Discuss the EPO, Contact Your National Representative Today
Final versions of the EPO Administrative Council photo gallery
IBM's Total Debt is About to Hit Almost 80 Billion Dollars, the Company Can Only Raise $14.8 Billion Within 3 Months
Route towards insolvency, not just irrelevancy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 08, 2025
IRC logs for Monday, December 08, 2025