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

Mainstream Media is Paid to Link "AI" Criticism/Boosting to Jeffrey Epstein Enablers, in Effect Showing How Corrupt This Media Became
Many readers will have noticed what was a paid-for PR campaign of a global scale
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
 
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true
Gemini Links 27/08/2026: Oklahoma, Tennessee, Haiku OS, Digital Resistance, and Staying Offline
Links for the day
Links 27/08/2026: Facebook to Pay Up to $17.1 Billion to Cover Up Known Harms, Nepal Landslide Kills Many
Links for the day
The Register MS Has Just Published Paid Spam That Says "AI" 19 Times
1.5 hours ago
RSS is King: Why Having Subscribers or Followers in Sites You Neither Own Nor Control is Loss of Autonomy and Search is Mostly Slop (Plagiarising Sites, Not Linking to Them)
Because digital connections in third parties aren't assets; they endow another party with tremendous power over people (e.g. MElon getting to decide who can and cannot reach people or what messages to "dim down")
Claims of Tens of Thousands of 'Silent Layoffs' at IBM (and Red Hat)
Looking at recent activity in thelayoff.com, about 80% of the comments and posts are about PIPs
Links 27/08/2026: "Flock’s CEO Is Lying to Cops" and Microsoft's GitHub Actions Breaks Down Again (Too Many Layoffs, Loss of Knowledge)
Links for the day
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day
Links 26/08/2026: Patent Troll InterDigital Utilises Software Patents in Unconstitutional Court, "WikiHow Launches Copyright Infringement Suit Against" LLM Plagiarism
Links for the day
The Register MS Has New Fake Article ("SPONSORED FEATURE") With "AI" 21 Times In It
The Register MS is one among many culprits
Gemini Links 26/08/2026: “Doomsday Clock”, Rwanda Genocide, and Boasting About Using LLMs Instead of Writing Code (Due to Employer's Pressure)
Links for the day
No Allure in Omarchy, the Political Hyenas Only Give it More Free Publicity
To me, Omarchy seems like a weak project because of the slop (an HR problem)
Twitter is Not an API or a Communication Site, It's a Really Bad Site That Forces You to be Enslaved by Its Algorithm (Amplifying Its Owner's Worldviews)
the crackdown on Nitter means we should all avoid accessing or linking to x.com (Twitter)
Don't Let Bastards and Haters Grind You Down
They say "jealousy is the sincerest form of flattery"
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Goodbye, Dolly
This week we say "goodbye, Dolly."
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day