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

Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
 
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026