Bonum Certa Men Certa

Bribes, Lies, Fundamental Violations of the Law and Cover-Up: This is Today's European Patent Office

Cover-up
Reference: Cover-up



Summary: It has gotten extremely difficult to hold the conspirators accountable for turning Europe's patent office into a 'printing machine' of the litigation industry and amassing vast amounts of money (to be passed to private, for-profit companies)

ANOTHER DAY passes and the European Patent Office (EPO) is, as usual, breaking the law. It's also intentionally harming Europe while deflecting. There were no less than two "SME"-themed tweets from the EPO yesterday, citing its own 'sponsored' (bribed-for) 'studies'...



Distracting from EPO leaks again? How much damage does the EPO wish to cause Europe?

Not to worry -- they're cooking the books and manufacturing some more false claims by bribing scholars for 'studies' on so-called 'IP'. For over 3 weeks they're been repeating these lies every single day. They try to make these lies seem "scientific..."

Ménière is a pseudo-scientist of Battistelli (and now António Campinos). He's nowadays pushing for patent maximalism using the pseudoscience they call "economics" along with buzzwords such as "4IR". Yesterday the EPO's Twitter account helped spread this pseudoscience by saying: "Innovation in #AdditiveManufacturing is growing exponentially. Our Chief Economist Yann Ménière presented this data at our recent conference in The Hague, where we also fostered internal knowledge exchange & harmonised best practices."

They added "#3Dprinting #patenting" as if to say it's desirable. Ask anyone who's in 3-D printing just to what extent patents in that domain suspended innovation and how long for (decades!) because it's a very well known case against patent maximalism/maximalists.

We've also just seen in this very dodgy new page and site (Golden Casino News) a statement about "3D-based damage marking technology":

The European Patent Office, EPO, has taken the decision to allow another European patent for Episurf Medical (NASDAQ: EPIS B). The decision was taken at an oral proceeding at the EPO in Munich , Germany. The patent, entitled “System and method for creating a decision support material indicating damage to an anatomical joint” covers Episurf Medical’s 3D-based damage marking technology which constitutes a central part of the Episealer€® implant system as well as the Epioscopy€® joint visualisation system.


Certainly sounds like a software patent and an area I worked in (my Ph.D. thesis is about that).

It's not hard to see that the EPO does exactly the opposite of advancing science in Europe. All it strives to achieve is more litigation in Europe. The EPO's stance on the EPO-connected UPC is an eternal reminder of that.

The UPC is thankfully dead and 'unitary' patents are actually just fiction/fantasy. The EPO had spoken about them for years until a couple of years ago. It stopped mentioning that. Team UPC has been silent for months; it no longer even mentions Milan (as London substitute), which has just been brought up by Hogan Lovells' Riccardo Fruscalzo in relation to other patent matters in Lexology.

IP Kat hasn't mentioned the UPC since summer and the only words/allusions there regarding EPO scandals are in comments. Here's one new comment from MaxDrei, who replies to a comment we quoted here earlier in the week:

As to Alex Frost's "in no way of their own making" I wonder, whether that reminds anybody else but me of a case before Robin Jacob, in which the dispute with the Patent Office was about whether a document had indeed been filed at the Patent Office. Robin Jacob concluded that the representative was the author of Applicant's misfortune, pointing out that there was a good reason why the Patent Office issues receipts for docs filed and if the rep cannot be bothered to check them, any resulting misfortune is his own fault.

Can anybody recall the case reference?


A "patent attorney" said, "I think the EPO has lost sight of the fact it needs to be more 'user-friendly' and it is becoming a place where mistakes have a disproportionate effect." To quote the entire comment (with a later one appended):

Now that we have the EPO post grant limitation proceedings, I really don't know why we cannot have post-grant correction for any error. The EPO has the mechanisms to do this easily, and it should try to be more helpful to applicants/patentees

[...] I think the EPO has lost sight of the fact it needs to be more 'user-friendly' and it is becoming a place where mistakes have a disproportionate effect. We patent attorneys should not need to be professors or be capable of seeing a small error in 400 pages of description to do our routine job. Can we really say that third parties have been substantially disadvantaged by a patent proprietor reinserting pages into a specification which were clearly missing? It should be far simpler to correct errors, and should not need references to 3 or 4 TBA decisions. In particular the system should not be punitive in any way, which it seems to be whenever it says it was up to the applicant to get it right. As I say the EPO has forgotten it is providing a public service, and should be more user-friendly to its users


Kant wrote:

Re substance or composition Since A53(c) refers to "surgery or therapy", it follows that a substance or composition for use in such a method is not required to have a therapeutic effect if used in a method of surgery. The therapeutic effect case law arose under EPC1977 with regard to Swiss Type claims which related to pharmaceutical preparations. Accordingly, the previous case law should not be used to limit the meaning of the EPC after a change in the law.


Notice how they all keep citing the EPC as if the EPC still matters; the EPO violates the EPC every day and then covers that up. Thankfully the examiners are close to another revolt. They're well aware of what's happening and they don't like it.

Recent Techrights' Posts

The End of Red Hat
expect many more layoffs soon
Only Hours Into the New Year People Already Discuss the Next Round of Layoffs at Red Hat/IBM
2026 will be another tough year for Red Hat and IBM
 
Gemini Links 02/01/2026: ThinkPad, SHARP Zaurus, Lagrange Handheld Support
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 01, 2026
IRC logs for Thursday, January 01, 2026
Links 01/01/2026: "Biophobia" and Renewed Effort to Locate MH370
Links for the day
Gemini Links 01/01/2026: Bot Accounts Online and Reading in 2025
Links for the day
IBM’s and Red Hat’s "Operation Evolution initiative" Just Long, Fancy Term for Bluewashing, Redundancies, Layoffs
Gerstner is still alive, but he's shorter and more arrogant
Designing a Better Mousetrap or Tools for the SSG
Static Site Generators (SSGs) - unlike all modern Content Management Systems (CMSs) - are so simple that extending them is easy
Links 01/01/2026: 1930 Works in the Public Domain, Electricity Pricing 'a Mystery'
Links for the day
Firefox is Toast Because It Got Toasted by Mozilla
Firefox cannot keep above 2% and hasn't been able to for quite some time
Ignore the LLM Slop and the Noise, Microsoft is in a Death Spiral
So what does Microsoft have left to sell?
Red Hat is Vanishing Before Our Eyes
With some Red Hat staff "transitioning" we wonder if it's an HR hack, wherein they "reset the clock" on employment duration so as to lessen severance obligations
In 2025 Microsoft Lost Palau
Palau now has GNU/Linux at steadily high levels
Microsoft Mocked UNIX/Linux for Not Handling Dates After 2038, Microsoft Breaks Down on 2026!
Only a truly moronic company would design it that way
Another New Year's Resolution: Public Domain Sources, Credits
In addition to our first one
Combatting Slop Images (and ClownFlare)
we won't use or reuse slop images
A New Year's Resolution: Maximal Transparency
We'll do our very best to be transparent about everything that's going on, even legal matters
Gemini Links 01/01/2026: 2025 Comes to a Close and Capsular Gemlog Manager
Links for the day
Free Software Foundation (FSF) Raised About 1.3 Million Dollars in the Past Couple of Months!
the FSF's Board now has 10 people in it
2026 IBM Phaseout of Red Hat
Red Hat won't fare any better than most IBM acquisitions
Microsoft Budget Issues, XBox Thrown Under the Bus
They're cutting budget. Soon they'll cut the staff.
EPO People Power - Part XXI - Europe's Second-Largest Institution Became a Corrupt For-Profit Company Run by Drug Addicts
it'll be the demise of the Rule of Law in Europe and maybe a death blow to the EU (eventually), not just the EPO
Another Very Productive Year Commences
"a total of over 17,000 pages in a year"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 31, 2025
IRC logs for Wednesday, December 31, 2025
Fiji: GNU/Linux Has Risen From Almost Nothing to Almost 5% in Recent Years
It's not as small as people are led to believe
Gemini Links 31/12/2025: Blogosphere is Growing and New Year Begins
Links for the day
Recruiters Don't Use Microsoft LinkedIn, Spammers Use LinkedIn
One of my best friends, a university professor, lost all of his life's savings due to Microsoft LinkedIn
You've Only Wasted Your Life in Social Control Networks
In a sense, social control media is a giant delusion
2025 Was a Very Bad Year for Social Control Media
statCounter sees a gradual demise in Social Control Media access
Don't "Go Paperless", Go Paperful [sic] (for What Really Matters)
Why should we favour paper use sometimes? Well, many reasons.
Complexity Considered Harmful: We Used to Run an Operating System on 64KB of RAM, Not 64GB of RAM (a Million Times More)
"Initially confined to single-tasking on 8-bit processors and no more than 64 kilobytes of memory"
The Slop Industry is Failing So Badly (Mountains of Debt, Losses) That It's Merging With the SPAM Industry
we reckon that Google will eventually delist all slopfarms, recognising they're just a form of SPAM
Links 31/12/2025: Cheeto Pushing for More Wars, ‘Security is a Shared Responsibility’
Links for the day
Enshittification of Postal Services Isn't Technological Advancement
Societies that say the aim is to "go digital" and eliminate paper trail aren't advanced; they're moving backwards
IBM Starts 2026 a Much Smaller Company (Not Homage to Gerstner)
People who get bluewashed out of their job (or bluewashed into unemployment) are gagged by NDAs
XBox is Likely Dead Already, But the Threat It Posed to Us All for Two Decades Isn't Over
"the Xbox was never about gaming and merely served as a test bed for DRM in commodity systems."
Ahead of 2026 Mass Layoffs at Microsoft the Tree Gets Shaken to See Who 'Falls' (Resigns/Retires)
"We had a quiet meeting last week about budget realignment. No one said layoffs, but it’s clear where the focus is shifting."
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025