Bonum Certa Men Certa

Media Reactions to the EPO Coming to Grips With Fake Patents That It Granted (Spoiler: the Media is Controlled by Lawyers of Monopolists and EPO Partners)



Invalid Patents (IPs) or European Patents (EPs)? Let the spin begin...


'Free' propaganda



Summary: Appalling quality of reporting and truly awful bias in the media, primarily owing to the fact that it is dominated/manned not by actual reporters but the firms looking to patent life itself; they use their lawyers and operatives who are literally funded by these lawyers (wearing "journalist" badges to mislead)

TODAY'S European Patent Office (EPO) repeats all the same mistakes made by the U.S. Patent and Trademark Office (USPTO), which celebrates reduced patent quality this week (it's all over the news and in our Daily Links too).



Non-scientists like António Campinos and Battistelli want us to believe that "success" means more patents and vice versa, neglecting -- perhaps intentionally -- to take account of what patents actually are. Iancu flagrantly snubs 35 U.S.C. €§ 101 and Campinos happily violates the EPC when he lobbies judges to allow software patents in Europe.

"When they say "inventions in the field of AI" they mean algorithms. They mean code with some logic in it."World Intellectual Property Review (WIPR), a mouthpiece of the EPO (it wasn't always like that, but staff changed), has just parroted the puff piece of Campinos, Iancu and others. They're pushing the "hey hi" (AI) nonsense. To quote: "The aim is to pinpoint which areas can most benefit from joint IP5 responses, ranging from employing AI to improve the patent grant process, to applying the patentability requirements to inventions in the field of AI, and handling applications for inventions created by machines."

When they say "inventions in the field of AI" they mean algorithms. They mean code with some logic in it.

But let's brush aside the whole controversy about those abstract patents and focus on what happened in Munich Haar last week. Many EPO patents that had been illegally granted on nature and life came under scrutiny. A large portion of these patents and all CRISPR ones have just been rendered worthless and the EPO still says nothing about it. It is a lying institution that deserves no respect.

Did it speak about it yesterday? Nope. Instead this: "Want to know what can be patented in #biotech? Join us for this event in Zurich" (it did the same around the time of the above decision).

So the EPO is happy to lie when it needs to distract from its law-breaking. When law-breaking becomes more visible the EPO says nothing. As we noted earlier this week, this CRISPR patent battle was only covered by monopolists and their mouthpieces. There has been virtually no journalism about this. Quickly came IAM out of the gate, with its Life [sic] sciences [sic] reporter [sic] Adam Houldsworth, basically a lobbyist for the monopolisers of life and nature (they pay him for it).

Then there was BioNews (UK), where Dr Yvonne Collins wrote:



The European Patent Office (EPO) announced that it will uphold an earlier ruling to retract a key CRISPR/Cas9 genome editing patent held by the Broad Institute of Harvard and MIT, Massachusetts.

The EPO Board of Appeal reversed its earlier decision to refer the case to a higher panel, and stated that it would uphold the 2018 ruling of the EPO's Opposition Division to cancel the Broad Institute's patent for failing to prove novelty and a valid priority claim.

The EPO panel concluded that:

'This prior art became relevant because the opposition division did not acknowledge the patentee's claim to priority from a US provisional application naming more applicants than the subsequent PCT application [Patent Cooperation Treaty application- this is the application that was made to the EPO] from which [the patent] is derived. Since the omitted applicant had not transferred his rights to the applicants of the PCT application the priority claim was considered invalid.'


Mondaq, a propaganda outlet of law firms (connected to IAM), is still posting nothing balanced at all. Aside from this latest litigation jingoism from Francois Pochart, Elodie Bardon and Lionel Martin (August Debouzy) it posted "Broad's CRISPR/Cas9 Patent EP2771468 Revoked By The European Patent Office" by Lisa A. Haile. Check affiliation. To quote:

In the ongoing CRISPR patent battle, after four days of oral arguments, it was announced today that the European Patent Office's (EPO) Technical Board of Appeal (Board) upheld the earlier EPO Opposition Division ruling from January 2018, stating that Broad Institute's European patent EP2771468 is not novel and therefore fully revoked.

The Board confirmed the prior decision, finding that all claims of the Broad Institute's patent for gene editing were invalid because the Broad Institute was not entitled to its earliest priority dates and therefore the claims lacked novelty in light of prior art. Thus, all claims of the Broad Institute's patent remain fully revoked and the Opposition Division's decision to revoke the patent is now final.


Where are the non-lawyers? This whole thing was mentioned by almost no scientists. The case was followed closely and subjectively by an attorney from AstraZeneca at IP Kat and yesterday we saw this article about AstraZeneca leveraging dubious European Patents against generics:

AstraZeneca is the holder of European Patents EP1250138 (EP'138) and EP2266573 (EP'573), which claim an intramuscular formulation of fulvestrant for the treatment of breast cancer. EP'573 is a divisional of EP'138 and both patents will expire on 8 January 2021.

AstraZeneca is also the holder of Patent EP1272195 (EP'195), which claims the use of fulvestrant for the treatment of a sub-type of breast cancer patients. This patent expires on 2 April 2021.

In July 2017 AstraZeneca sued Teva for alleged infringement of the formulation patents EP'138 and EP'573. It also requested and was granted an ex parte preliminary injunction. In January 2018 AstraZeneca sued ratiopharm for infringement of the same patents, plus use patent EP'195.

In parallel, in May 2017 the European Patent Office (EPO) Opposition Division revoked the divisional EP'573 due to lack of inventive step; AstraZeneca's subsequent appeal was pending.


We're still trying hard to find an actual investigation of what's at stake, but it's Googlebombed to death by lawyers of monopolists striving to 'own' all lives and nature. Misfiled under "European Union" was this piece by Christopher Wilkins (Dehns, Team UPC) entitled "CRISPR Patent Portfolio Edited: The Broad Institute Has Lost Its Appeal On A Key CRISPR Patent In Europe..."

"As I have discussed previously here," he said in a blindly promotional fashion, "CRISPR-based techniques have revolutionized the field of gene editing in recent years. The Broad Institute is at the forefront of this technology and holds many of the original patents. However, the validity of some of those patents has been challenged at the European Patent Office (EPO) and developments this week are a blow to the Broad Institute's patent coverage in Europe."

So what? Are they your client? Or similar to them?

Speaking of the misfiling under "European Union", this morning Benjamin Henrion wrote: "Still no answer on why the EPO, who will grant the Unitary Patent, is still not following the "rule of law" principle, and cannot be taken to court for maladministration."

How come the EU's rules are being ignored by the EPO? Need it be mentioned that the Unitary Patent is an EU system?

Can the EPO persist in this existence without any oversight whatsoever? This morning the EPO tweeted about its close connections to the EUIPO (EU), but later they tell us that the EPO has nothing to do with the EU.

It might also not help the EPO that the title "SeaTwirl Gets EU Patent" has just been published (along with "European Patent Office Nods to SeaTwirl"). Too many still think that EPO is EU (even applicants and journalists). The EU had already said "no" to such patents (patents like CRISPR) a long time ago, including last summer, but the EPO carried on ignoring it.

Recent Techrights' Posts

EPO's Central Staff Committee (CSC) Scrutinises the Man Who Illegally Grants (and Forces Others to Illegally Participate in Granting) Software Patents in Europe
EPO compels examiners to break the law in the name of obeying illegal "rules" or "orders"
The Latest Rumour Says The Next (as Correctly Predicted Before) Wave of Layoffs at Microsoft is 3 Weeks Away, "Larger Than the First Wave"
Step 2
TV Licensing Used to SPAM Your Postbox, Now It Does the Same to E-mail
First they ask for your E-mail address; then they start nagging you via E-mail
Our Priority is Still Tackling Software Patents and Corruption in Patent Offices
Meanwhile we got compliments on our recent articles, which means that they are effective
Slopwatch: Another Day, Another Slopfest, LLM Slop Scrapers Slow Down Our Site
We too have some slop issues; this past day this site and the sister site had to answer about 2.5 million requests (not counting Gemini Protocol) and it's slowing things down for everybody
Abuse Inside the Polish Patent Office (UPRP) - Part IX: Minimum Wages For You (Experienced Scientist), Alicante/EU Paydays For Me (Unproductive, Corrupt Official)
Does UPRP maladministration extend to the false belief that qualified and experienced scientists can play the role of circus clowns?
 
Who Imitates Who? Plagiarist as Client (From Microsoft), 'Plagiarism' at the Law Firm?
let's revisit the subject
EPO's Gareth Lord Asked About "Quality and Productivity" or, Put Another Way, Why the EPO Keeps Granting So Many Invalid/Illegal Patents
letter to Lord
The Toxic Playbook
Either you support Prince Mohammed bin Salman or you're a nazi
It's Possible That BetaNews Got Cracked, But Nobody Talks About It, The Site Contains an Outdated Old Image, No Activity
It's possible that they will never explain what happened to the site and users' accounts
Links 12/06/2025: Beach Boys’ Brian Wilson Dies
Links for the day
Gemini Links 12/06/2025: Video Game Diegesis and Steam Next Fest
Links for the day
"The Liberating Power of Simply Telling People the Truth."
'polite' bullying
Why the Militants Have Lost Every Battle Since 2022 (When Attacking My Wife and I in Various Ways, Even Attacking Our Employers)
This takes patience, sure, but at the end most evildoers face the consequences for their actions
Politics Will Impact Software Choices
Will those systems respect users' freedom?
EPO: Neglecting Children to Promote American Monopolies by Shielding Them From European Competition
Yesterday the Central Staff Committee at the EPO spoke about another "reform" at the Office
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 11, 2025
IRC logs for Wednesday, June 11, 2025
Links 11/06/2025: More Vulnerabilities Found in 'Smart' Phones, China Extends Reach in the Pacific
Links for the day
Gemini Links 11/06/2025: Grain and Steam Next Fest
Links for the day
Links 11/06/2025: "Quantum" Hype From IBM, US Closer to Martial Law, and “The Nation” Celebrates Milestone
Links for the day
IBM's CEO Roasted, Sizzled and Grilled for Dumb and Inconsistent Vapourware Promises
It looks like being a chronic liar is what it takes to lead the company once synonymous with computing
IBM's Goal Is Not (and Never Was) Computer Users' Freedom
More than 1.5 decades ago I found IBM to be an "ally of convenience" because of OpenDocument Format (ODF)
Wayland Shows the IBM/Red Hat Way of Doing Things
IBM is trying to 'kill' X
GitHub is Proprietary, Controlled by Microsoft, and GPL Violation Warehouse
"IRS tax filing software [will be] released to the people as free software" ... In general this is good news
Slopfarm Catastrophe
Seems like BetaNews (or BetaNoise) has just suffered a major data loss and restored the site from a week-old backup
Abuse Inside the Polish Patent Office (UPRP) - Part VIII: Illegal Working Conditions
How many people need to die for these people to get their massive salaries?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 10, 2025
IRC logs for Tuesday, June 10, 2025
Links 10/06/2025: Apple Hype and Physical Attacks on Bloggers
Links for the day
Gemini Links 10/06/2025: Loon Lake, Farming, and Forth
Links for the day
Links 10/06/2025: Jaws at 50 and US Democracy Crushed Very Rapidly (Martial Law Seems Imminent)
Links for the day
Abuse Inside the Polish Patent Office (UPRP) - Part VII: Washing Their Hands After Corruption and Abuse
"Tragedy or comedy?"
Culling Bad RSS Feeds of Bad Sites
Not throwing out the baby with the bathwater
If 'Microsoft v Techrights' is Dealt With by a 'Microsoft Court' (or a Court Outsourced to Microsoft)
More on that later
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 09, 2025
IRC logs for Monday, June 09, 2025
Gemini Protocol Turns Six in 10 Days From Now
If you haven't tried it yet, then give it a go today
Live as You Preach
technology is fast becoming dysphoric