Bonum Certa Men Certa

Today's EPO is an Illegal Institution Promoting and Granting Illegal Patents

The EPC is violated every time, rendering it meaningless or irrelevant

You must grant software patents! Oh yeah? The EPC says not! Now grant! I killed the EPC!



Summary: With patent courts or tribunals or boards (panels) that enjoy as much 'independence' as patent examiners -- i.e. none at all -- the EPO continues to grant and then authorise patents in direct and clear violation of the EPC, never mind public interest, directions from public representatives, external (to the EPO) courts and so on

"I am just wondering, the UK is bent to leave the EU, why not the European Patent Office. We both know that it is no EU institution but... probably there are better reasons to leave the EPO than the EU..."



So said a reader of ours, who is actually a high-profile person who opposes software patents in Europe. It has become pretty clear that EPO tyranny didn't end with Battistelli's departure because António Campinos is even worse in certain aspects. This is why EPO staff protested last week.

"I am just wondering, the UK is bent to leave the EU, why not the European Patent Office. We both know that it is no EU institution but... probably there are better reasons to leave the EPO than the EU..."
      --Anonymous
Looking at the official words of the EPO itself, those have nothing whatsoever to do with staff's positions. It's clear that press releases and tweets are composed by people highly loyal to high-level managers (or else they would not endure in these positions).

"Looking at the official words of the EPO itself, those have nothing whatsoever to do with staff's positions. It's clear that press releases and tweets are composed by people highly loyal to high-level managers (or else they would not endue in these positions."Here are some examples from yesterday.

The EPO is clearly hiding the collapse in patent quality while focusing on other things instead ("level of satisfaction related to the European Patent Register & future needs"). This is what it did this week in EPOPIC, which we wrote about yesterday. The following day (not the opening day) they had fewer high-profile speakers, but the nonsense kept on coming. Take this bunch of "tweets" for example [1, 2, 3]: "A new IPC subclass “G16Y” for IoT-related technologies will enter into force in January 2020 #EPOPIC cc @JPO_JPN [..]. ZIT is the world’s first #classification for #IoT-related technologies #EPOPIC cc @JPO_JPN [...] Opening the next session at #EPOPIC on classification, Toshiki Yamaguchi at @JPO_JPN is going to give us the latest information on new J-PlatPat & #IoT-related classifications."

So in EPOPIC too they misuse these words; Many bogus, invalid, bunk software patents have been 'dressed up' as "IoT" -- a rather meaningless or at least vague marketing buzzword. Here's more: "Automatic Classification: There is likely a data deficiency challenge ahead – we need human investment! One of the take-aways from Alexander Klenner-Bajaja's insights into #AI & #patentclassification #EPOPIC"

"Hey hi" is pure magic. You just say out loud those two letters, A and I, and the audience will be wowed. Are software patent not valid? A I! Hakuna matata.

"It means no worries

"For the rest of your days

"It's our problem-free philosophy"

Just grant, grant, grant. Do it for Grant Philpott. The poor sod will only get promoted if he artificially inflates the number of grants by consciously violating the EPC, compelling examiners below him to break the law for him.

The EPO's propaganda partner IAM has meanwhile published "AI technology – the pitfalls of protecting inventions" and promoted that in Lexology.

Aled Richards-Jones (Carpmaels & Ransford LLP) is admitting these so-called "AI" patents are just software patents, almost right from the outset: "The current situation in the United States presents uncertainties when it comes to patenting AI-related technology, following the Supreme Court’s decision in Alice Corp v CLS Bank, while the law covering other aspects of AI is equally complex. In the United Kingdom, protecting AI-related technology involves a range of considerations, from EPO case law relating to computer-implemented inventions, to UK domestic laws involving other forms of protection such as copyright and trade secrets. With innovation currently outpacing the law, where does this leave innovators? This article uses a hypothetical example to shed some light on the landscape."

So what? They grant anyway. Let the courts deal with the resultant mess.

This is as much of a problem in the US as it is in Europe and HTIA has just mentioned it in relation to this article from Dave Jones. We'll put it again in Daily Links as it's not about Europe. "David W. Jones is a former IP Counsel to the Senate Judiciary Committee and currently executive director of the High Tech Inventors Alliance," says the bio and his employer quotes him as saying: “The solution to poor quality isn’t to lower the bar. We need to address quality head on by making it less likely invalid patents are granted and by strengthening the ability to challenge them when they do."

The same is true in Europe. "How to fix the patent quality crisis" is his headline and he wishes to raise patent quality, not lower it. The EPO has been constantly lowering the patent bar in recent years and that became very visible -- to the point where EPO management panicked and sought to silence the messengers.

The problem isn't limited to software. Big Pharma blogger Rose Hughes (litigation industry for monopolies) has just published "BREAKING: Board of Appeal provides some initial thoughts on the Broad Institute’s CRISPR appeal (T0844/18)" (we covered this case many times before).

Well, the EPO is not allowed to grant patents on life. So on the surface this whole appeal may seem like a waste of time (or non-starter). It's not legal. That much should be obvious, but the EPO is so inherently corrupt and the law does not matter to it. Judges aren't rewarded for enforcing the law (EPC) but for doing the Office President's biddings. Watch that comment from an attorney:

Looking forward to the appearance of the summarized TBA Communication on the EPO public file. Meanwhile, thanks to the IPKat for sharing this news that is "breaking" in more senses than one.

Reading through the Board's summary of the pro's and con's of stepping back from the current established practice, two thoughts occur.

First, getting more into line with "the intention" of the Paris Convention strikes me as outweighing most, if not all, other considerations.

Second, can anybody here recall a case of many years ago, in which a UK patent attorney firm (U&L) was caught in the middle of an ownership dispute, between rival parties, that went to litigation during the Paris year. The facts of the case were quite mundane really. Such ownership disputes can arise quite easily. The two sides were giving that patent attorney firm (which had filed the priority application) opposite and irreconcilable PCT filing instructions. Thus it was, that U&L entered the litigation as an "interpleader". I should like to re-read any published case report in the context of the present dispute before the TBA. Can anybody supply the case report reference?


We already know, based on prior cases such as G 2/19 (Enlarged Board of Appeal), that these rulings aren't compliant with the EPC -- so much so that the EPO aggressively lobbied to not even deal with a query about it (deeming it inadmissible). The EPO is an outlaw institution where the concept of lawfulness ceased to exist some years ago. Something must be done.

Recent Techrights' Posts

Omarchy is Already Dying
Same as the life cycle of slopfarms
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
 
Firefox in Trouble in the US, Down to Lowest Level in 20+ Years
more sites will stop or intentionally neglect Firefox support
Clownflare: More Than 1 in 5 Laptops or Desktops in El Salvador Run GNU/Linux or ChromeOS
Clownflare Radar reckons it's more like 20%+ now
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026