Bonum Certa Men Certa

The EPO's Low Patent Quality is Not Just Suicidal; It is Illegal

The attack on judges is also illegal

We increased production by 80%. You increased production? You mean you destroyed patent validity.



Summary: With help from the besieged Boards of Appeal (BoAs), which complain that they can no longer judge cases (appeals/referrals) autonomously and independently, the Office in Munich continues to grossly violate the EPC and mimic China's ridiculously low patent bar, which even formally permits patents on algorithms

LAWLESSNESS is the norm in EPOnia. We're expected to think that it's OK for the EPO to violate the law every day. We're also expected to think we're so much better than China when it comes to tackling corruption, accountability and so on. The EPO has caused some of these myths to shatter, leaving some of us growingly disillusioned. What is the EPO trying to become? What is its role model?



Well, look no further than this latest EPO announcement. (warning: epo.org link) (promoted via Twitter as well)

"We're also expected to think we're so much better than China when it comes to tackling corruption, accountability and so on."The EPO nowadays gets close to the patent printing machine that is CNIPA (formerly SIPO) -- the patent office where quality is a joke nowadays! Is Europe as well going down the route of assessing millions of applications per year? Yes, millions....

There aren't millions of inventions per year and those that exist rarely merit a patent. But does today's EPO understand this simple fact? Does it care? Perhaps like WIPO it won't sleep peacefully until there are millions of patent applications per day. Yes!! Innovation!!!

"This is typical 'Battistelli operandi'.""At their annual meeting in Suzhou today," EPO wrote, "EPO President António Campinos and the Commissioner of the China National Intellectual Property Administration (CNIPA), Shen Changyu, agreed to enhance their bilateral co-operation in the framework of the Patent Cooperation Treaty (PCT). The aim is to give patent applicants filing an international patent application in English at the CNIPA as Receiving Office the choice to opt for the EPO as their International Searching Authority (ISA)."

Yes, there are photo ops as usual. This is typical 'Battistelli operandi'.

It didn't take longer than a day for World Intellectual Property Review (WIPR) to remind us that it's not a news site but a propaganda outlet of the EPO and other litigation lunatics. They used to have one or two good writers (who covered EPO corruption), but not anymore. Nowadays they're copy-pasting from the EPO, almost as though the EPO sends over 'prepared' articles for so-called 'editors' to just mildly edit. It's no secret that the PR department of the EPO is corrupt; they have 'back channels' at WIPR, so they actively intervene in the editorial work. The problem isn't limited to EPOnia by the way. Earlier this week News Corp. promoted the lie that patents and ideas are the same thing; the author 'measured' the wrong thing, as usual (when the media is owned by billionaires it looks this bad). The EPO was also mentioned:

The number of domestic patents issued to British companies and entrepreneurs declined by 8 per cent last year, the biggest dip in five years, as Japan, China and the United States forged ahead in the global innovation race.

The 3,001 patents granted to British inventors by the UK’s intellectual property office in 2018 represents the most significant year-on-year decline since 2013, when there was a 17 per cent fall.


So what? Maybe they just don't bother applying. Maybe they realise that many granted patents aren't worth anything; the EPO too saw a decline in the number of patent applications and it's trying to fake 'demand' by lowering the bar. Does this bother large law firms? Of course not, it's a temporary boon for them.

Earlier this week we saw Sanam Habib and Maeve O’Flynn (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP) celebrating the EPO lowering the patent bar to grant illegal software patents (in violation of the EPC) under the guise of "AI", alongside "mathematical methods" (because all of these things are just maths).

In Mondaq they published:

Mathematical methods, artificial intelligence and machine learning

Guidelines: G-II 3.3 and G-II 3.3.1

Last year, to be in line with the ever growing area of artificial intelligence (AI), the Guidelines added a brand new section for AI. This year the EPO has updated the section relating to patentability of AI and machine learning, and mathematical methods to clarify that "term such as 'support vector machine', 'reasoning engine' or 'neural network' may, depending on the context, merely refer to abstract models or algorithms and thus do not, on their own, necessarily imply the use of a technical means. This has to be taken into account when examining whether the claimed subject-matter has a technical character as a whole (Art. 52(1), (2) and (3))".

Classifying text documents solely in respect of their textual content is not regarded as per se a technical purpose, but a linguistic one. Care needs to be taken in the presentation of the technical purpose of semantic AI systems.


So for two weeks now examiners at the EPO have been put under pressure -- formalised in words -- to grant software patents that call themselves "AI". The EPO has just tweeted: "Artificial Intelligence presents the patent system with a number of challenges & opportunities. Find out more about them here..."

"Surely these people know that the Boards of Appeal (all of them) lack independence, but large firms like Finnegan and Kilburn & Strode couldn't care any less about the law; all they measure is money, just like EPO management. They're even breaking the law to accomplish this.""You exploit this buzzword to grant illegal software patents courts would toss out," I responded. And people generally agree with me on this. Even examiners! Are they being reduced to buzzword interpreters?

Here's a new comment by "Quality, what do you expect", who says that if "it is thus to make money by granting useless patents, I think this is a distortion of what the granting procedure should be."

The full comment:



I have to disagree as betting that no opposition will come is a mind set up which I cannot consider wise or as an example of good practice.

If it is thus to make money by granting useless patents, I think this is a distortion of what the granting procedure should be.

It is difficult to believe that all applications looked at by an examiner end up with a grant. If it is to close both eyes in order to achieve a given production target, I might show some understanding in view of the present situation at the EPO, but I cannot consider this a being correct.


The problem of patent scope isn't limited to software. We've long complained about patents being granted on nature and life too (it's like Alice and Mayo at SCOTUS).

Kilburn & Strode LLP's Jamie Atkins has just promoted in third party sites his new article about the EPO wasting time by dealing with patents that are obviously invalid and fake, even illegal. By sending the case to a tribunal the Office terrorises in violation of the EPC!

The Board of Appeal (BoA) recently issued its preliminary comments in preparation for Oral Proceedings in, arguably, the most high profile appeal at the EPO in recent years (T 0844/18).

The only issue for the Oral Proceedings is whether the priority claim of the patent, namely EP2771468 is valid. Patent EP2771468 is one of the early foundational CRISPR cases, jointly held by the Broad Institute, MIT and Harvard. In a Decision in March 2018, the Opposition Division (OD) found that the priority claim is not valid and revoked the patent for lack of novelty. The Patentees appealed the OD Decision and the Oral Proceedings before the Board of Appeal on this critical issue are scheduled for 13-17 January 2020.

The outcome of this Oral Proceedings could significantly change the patent landscape at the EPO.


Surely these people know that the Boards of Appeal (all of them) lack independence, but large firms like Finnegan and Kilburn & Strode couldn't care any less about the law; all they measure is money, just like EPO management. They're even breaking the law to accomplish this.

Recent Techrights' Posts

EPO Strike a Week From Now, After That Strikes Can Become Permanent
A week from tomorrow there will be another strike
Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
 
Streisand Effect and Justice
This weekend this site has served over 8 million Web requests
Gemini Links 22/03/2026: "Woman of Tomorrow" and "First Steps in Geminispace"
Links for the day
SLAPP Censorship - Part 19 Out of 200: They Were Ill-prepared for Tough Questions in Cross-Examination
Very ill-prepared for the deteriorating situation caused by their clients' past behaviour towards many people, including high-profile figures who offered to testify
The Media Sold Out to Slop Bros
If you wish for the hype to stop, then stop participating in it
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026
SLAPP Censorship - Part 18 Out of 200: Third Parties Funding Attacks on the Messengers, Lawsuits Against GAFAM-Critical Voices That Uphold Real National Security
Women are like kryptonite to them
Never Trust People Who Write Their Own Wikipedia Pages (Vanity Pages About Themselves) or Ask Friends to Do So. Also: Jono Bacon is Married to Microsoft.
We'd hardly be the first to point out Wikipedia isn't what it seems
No Tolerance for Attacks on Family Members
Being a Free software activist ought not lead to "collateral damage" like attacks on family members, including doxing
Sirius Open Source is Just a Zombie Firm With Shell Entities
Many companies fake their health and their size
Communities Can Only Survive When Trust Prevails
PCLinuxOS is still a vibrant and authentic community
Techrights Was Always a Community Site
The harder we're attacked, the more people participate in the site
Maintenance Reminder
We'll carry on publishing
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026