Bonum Certa Men Certa

The Patent Microcosm is Really Panicking as European Patents on Life and Other Spurious Junk (Invalid Patents) Are Successfully Rejected



The Boards of Appeal said the N word ("No")

European Patents? No, Invalid Patents



Summary: European Patents (EPs) may be revoked en masse if what we're seeing is the gradual emergence of 'European Mayo' (and maybe soon 'European Alice')

NOT A day goes by without the U.S. Patent and Trademark Office (USPTO) granting software patents. Not a day goes by (OK, maybe except Christmas) without US courts squashing such patents using 35 U.S.C. €§ 101/Alice; we're citing some new examples in our Daily Links almost every day, sometimes several times per day.



When António Campinos came to the top floor in Munich Team Battistelli was ready to tell him that software patents were perfectly fine to grant. That's a lie. It is the sort of lie Team UPC tells us. It's also the same lie that Campinos told the Boards of Appeal some months ago.

"Some applications definitely need to be rejected. What's the point having exams that everyone passes? Or everybody aces?"Watchtroll, which is like a peripheral propaganda arm of Team Battistelli (speaking to their staff to manufacture puff pieces), is at it again this week. Yesterday's "Eight Tips to Get Your Patent Approved at the EPO" by Watchtroll's Gene Quinn is the latest reminder that patent zealots -- notable pushers of software patents in Europe -- push the European Patent Office (EPO) to be a patents-granting machine rather than a decent examination center which values quality (or legal certainty). Quinn says: “Vague descriptions that leave open ambiguities will typically lead the EPO examiner to determine that your application is not satisfactory for grant regardless of the magnitude of the innovation.”

As if the sole problem is rejection. Some applications definitely need to be rejected. What's the point having exams that everyone passes? Or everybody aces?

"There's no "Loss of Patent Rights in EPO on CRISPR" because there were no such "rights" in the first place. It's an error."Anyway, the zealotry extends further this week. David Hricik should know better, for example that patents are not rights and nobody has a "right" to own the concept of life and nature. Yet watch the title he has just published. He then said: "The Board of Appeals at the EPO held on January 17, 2020 that the EPO patent on CRISPR gene editing technology was revoked for lack of novelty because it could not claim priority to a US provisional application."

He actually cites Carl Oppedahl, not those who are patent rationalists. He should know better, he apparently used to work for the Federal Circuit in some clerical position (if memory serves correctly). Well, typically we've seen good posts from Hricik, who focuses on ethical issues. Get well soon, Hricik, and kind regards!

There's no "Loss of Patent Rights in EPO on CRISPR" because there were no such "rights" in the first place. It's an error.

"This will have ramifications worldwide. Expect this decision to be mentioned for weeks if not months to come."The totally one-sided coverage by law firms and patent fanatics (about this decision regarding CRISPR patents -- a subject we covered thrice before) can only contribute to the perception that media is nowadays dead, or a zombie of the PR industry.

Law360 has meanwhile published "European Appeal Board OKs Revoking Broad CRISPR Patent" and it is surprisingly balanced (albeit behind paywall). To quote:

The European Patent Office Board of Appeal has greenlighted a decision to revoke a Broad Institute patent covering the breakthrough gene-editing technology CRISPR.

The EPO's opposition division had revoked European Patent No. 2771468 two years ago saying it wasn't novel, and the appeal board on Thursday dismissed the Broad Institute's appeal of that ruling. The board said a decision with its reasoning will be issued "in due course."

In a statement, the research institute associated with Harvard and the Massachusetts Institute of Technology said the decision was based on a "technical formality" tied to its provisional patent application in the U.S...


This will have ramifications worldwide. Expect this decision to be mentioned for weeks if not months to come.

Hricik's 'boss' at that blog meanwhile persists with the same old nonsense ("This week in Property: Efficient Infringement" is the headline, but it is not "Property"). Dennis Crouch's latest post promotes the slur of patent extremists: "Efficient Infringement"

"Notice they're citing Koch mouthpieces such as Adam Mossoff. What a horrible sight."What does he hope to accomplish? No idea, but it makes Patently-O seem no more moderate than Watchtroll. Maybe Patently-O has jumped the shark as well..

To quote: "Steenburg Homes argued that this is a case of efficient infringement. Although it was trespass, the company should only have to pay for the harm it caused."

Wow. It's being compared to "trespassing"? Or sometimes "piracy"? Why not claim that patent infringement is the moral equivalent of murder and advocate for death penalty (for patent infringement)? Notice they're citing Koch mouthpieces such as Adam Mossoff. What a horrible sight.

"When it comes to patents, sometimes less is more."Speaking of bad media, another EPO mouthpiece, WIPR, is now speaking for patent zealots, amplifying their "global warming is a scam" moment (‘patent troll myth’ -- same line of thing Iancu did about a year ago).

The summary is just megaphone for Mingorance, followed by: "The head of a corporate alliance that includes Nokia and Ericsson has urged the EU to beware the so-called ‘patent troll myth’, which he said has “little basis in fact”."

"Mingorance, or goodbye to freedom of programming" is how Henrion put it.

"An idea," he also joked would be to "flood the patent system with AI generated patents..."

When it comes to patents, sometimes less is more. More quality, more legal certainty and so on.

Recent Techrights' Posts

European Patent Office (EPO) Crisis: Huge EPO Strikes, Profound Corruption, and Cocaine Use by Managers Tolerated
These strikes won't be ending any time soon
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
 
Links 06/06/2026: 'Epstein Problem' in Board of Directors of Microsoft, Surveillance Giant Google Under Legal Threats for Online Misuses
Links for the day
Banning Things Versus Teaching People the Reason/s to Shun/Boycott Those Things
Prohibition has its limits
Software Freedom Takes a Lot More Than Coding
some of the roles in the Free software community that don't receive (m)any grateful words
Ubuntu is Losing to Other GNU/Linux Distros
"Linux Mint"
Old Articles Explaining That Patents - Especially Software Patents - Are Bad for Innovation
We've omitted more than 50% of the articles we had gathered as candidates for inclusion
Why GNU and FSF Will Choose AV1 Over AV2 (It's More Widely Supported)
for the foreseeable future they'll stick with AV1
Mass Layoffs (RAs) and PIPs (Excuses to Sack) at IBM: Insiders Tell No Relation to Actual Performance
If many thousands are impacted by this, then certainly it is newsworthy
Links 06/06/2026: LinkedIn Infested With Spies, Ethernet WiFi Router On Pi Pico 2W
Links for the day
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026
Links 05/06/2026: Lawyers in Trouble for Citing Cases That Don't Exist (Slop Too Bad to Justify Costs; Even It It Did Work, It Would Still be Far Too Expensive)
Links for the day
Gemini Links 05/06/2026: Bears in the Streets, WWII Revisionism, and Westworld
Links for the day
IBM is "Making an Exit". Only the Executives Will Get Rich.
failure disguised as success
Microsoft's LinkedIn Called "Dying Platform" by One Who Worked There
The co-founder of LinkedIn has just stepped down too
GAFAM (Google, Amazon, Facebook, Apple, Microsoft) Layoffs Are Due to Surging Debt, or About 120 Billion Dollars Borrowed in One Year Alone
It's well above 150 billion dollars if one adds Oracle
2026 is the Year of Blockchains, Says IBM's CEO a Decade Ago?
"falling upwards"
After One Jeffrey Epstein Associate 'Leaves' Microsoft's Board Another Jeffrey Epstein Associate Steps Down, Workers Concerned About the Mass Layoffs
How many more loans can Microsoft receive? Those loans are becoming increasingly risky.
IBM Exploits Overambitious, Hungry Young Men to Help the "Great Quantum Hype Campaign" (Pumping the Stock Based on Deliberate Misinformation or Outright Disinformation)
The boot-licking campaign is live...
What Will Likely Happen When the Slop Bubble Pops (and When It'll be Widely Accepted That It Popped)
all the "most successful" slop companies are so deep in debt
The Register MS is Part of the Problem, It's Publishing "AI" SPAM Because it's Paid by Chinese Military-Connected Firms
Given that The Register MS is run by a Microsofter (since last summer), destruction seems inevitable
Most Coders Used to be Women, Not Men (and Men Who Dropped Out of College Now Plunder Everything They Can)
"Ethics For Hackers"
IBM's CEO Does Not Use GNU/Linux, So Why Did He Suggest Buying Red Hat Only to Lay Off Its Workers, Market Slop Instead of Linux, and Sack UNIX Professionals?
Shortly after IBM had bought Red Hat and there were mass layoffs we pointed out that Red Hat's CEO was not using GNU/Linux
If You're Not Focusing on Software Freedom, All You'll Get is Slopware and Buzzwords
If you're not focusing on attaining Software Freedom (and remember "Linux" is just a brand), then you're losing sight of the goals that actually matter
Red Hat/IBM: Microsoft is Our Partner of the Year
Red Hat is a really bad gravy
Gemini Links 05/06/2026: Enshittification of Institutes for Project Management, Codebases Contaminated With Slop, Personal Stories
Links for the day
Communicating With Freedom - Part II - Quibble Breathing New Life Into LibreJS
Notice how work on one thing led to thousands of lines of code added to a mostly dormant (but nevertheless important) project
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
Links 05/06/2026: More GAFAM Layoffs, Google Faces Regulatory Crackdown in UK Over Plagiarism in "AI" Clothing
Links for the day
Rumour That Layoffs at Microsoft Will Kick Off on July 1st, 2026 (Impacting 10,000 or More Workers)
this is what the rumour mill or the word through the grapevine is
Mission:Libre, Which Teaches Young People Free Software Ideals, Needs Financial Backing
plea for assistance with Mission:Libre
The Slop Ponzi Scheme is a Problem and Threat to All of Us (Even Those Who Don't Invest in or Use Slop at All)
This problem is systemic, not contained
"Blind Justice" Examines the Solicitors Regulation Authority (SRA) Turning a Blind Eye to Abuse by British Solicitors
We have some jaw-dropping examples of how the SRA does not do actual regulation - to the point where its staff does not actual work and does not look into any evidence at all!
7 Days From Now the FSF's Founder Gives a Talk in Bern, the FSF Has Just Advertised This
Meanwhile the FSF (or GNU) processes and uploads many recent talks by RMS
European Patent Office (EPO) Series: Down But Not Out – Costa's Comeback
he managed to secure a top-level EU position in June 2024
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 04, 2026
IRC logs for Thursday, June 04, 2026
Links 04/06/2026: Self-hosting Remotely and GemText Emphasis
Links for the day
Links 04/06/2026: Ukraine’s Daily Moment of Silence and Uber Lays off 23% of HR
Links for the day
SLAPP Censorship - Part 98 Out of 200: Microsoft Threatening Real Security Researcher With Criminal Investigation for Talking About Microsoft's Bug Doors/Back Doors
The crime should be the back doors (deliberate attack on every user's data protection), not talking about those back doors
Microsoft Would Get Away Even With Pedophilia
"Microsoft should never be above the law"
Journalists Should be Ashamed for Parroting False Claims From IBM Management About "Quantum Computing", Say IBM Insiders Who Work on "Quantum Computing"
IBM is a buzzwords vendor. International Buzzwords Machines.
Free Software is Nourishment to Software Users, Unlike Proprietary Software
Quit treating "mere users" of software "like animals"
The "Peanut Gallery" of GAFAM Has Infiltrated Free Software Projects or Disrupts Free Software Communities
They contribute nearly nothing and do substantial damage; they're freeloaders who attack the most productive members of projects
Coding is Not a Quantity Game (It Never Was!)
"less is more"
Exposing Corruption Using a Highly Resilient Platform
Growing levels of trust, based on our track record, help us attract whistleblowers
Mass Layoffs Expected at Microsoft in July 2026
They're preparing more "lists" of people
Reflection on EPO Leadership That Harbours Cocaine, IBM Leadership That Pumps-and-Dumps the Shares, and More
ManCity replaced Manuel Pellegrini with a more famous manager it didn't envision winning 20 titles in 10 years (it could only hope) [...] Team-building is something that "Pep" seemed to be good at, as was Jürgen Klopp
Pump and Dump by IBM Insider Traders: Nickle LaMoreaux, Gary Cohn, James Kavanaugh, Arvind Krishna, Robert Thomas, and Others
the shares are already collapsing
FOMO (Fear Of Missing Out) Has Weakened If Not Ruined What's Left of Big Media
Many things that have existed for decades are now being rebranded as "AI"
SLAPP Censorship - Part 97 Out of 200: Garrett in Hiding (From the Simple Observable Fact He's Closely Connected to the Microsofter Who Strangles Women, Tells Women to Kill Themselves, and Worse)
They use one another; they are coordinating this via the SLAPP industry in another continent
Links 04/06/2026: Microsoft Threatening Security Researcher for Naming Back Doors in BitLocker, "Demand is Booming for" Old Tech
Links for the day
Gemini Links 04/06/2026: "Word Vomit", Slop", and Moving to Gopher/Gemini
Links for the day
Rust Outsources its Financing (or Financial Control) to Microsoft
How long before the third "E"?
"Format Sovereignty" Can Only be Accomplished With LaTeX or OpenDocument Format (ODF) or Vendor-Neutral Standards for Editable Documents
Microsoft is, in effect, above the law
IBM's Shares Fell Nearly 13% in One Day (Including After Hours)
its main product is false promises
The Cyber Show on the Importance of Software Freedom and Why GNU/Linux Could Not be Stopped
an excellent article
Drew DeVault Can Still Redeem His Reputation. Revisiting His Attacks (and Attack Site) on Richard Stallman Might be a Good Start.
DeVault has openly apologised (this past spring)
The Register MS is Publishing Paid SPAM; Some of It is Designed to Prop Up the "AI" Pyramid Scheme
The Register MS participates in scams
European Patent Office (EPO) Series: "Operation Influencer"
Costa's political career was far from finished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 03, 2026
IRC logs for Wednesday, June 03, 2026