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said: "The Board of Appeals at the EPO held on January 17, 2020 that the EPO patent on CRISPR gene editing technology was revoked for lack of novelty because it could not claim priority to a US provisional application."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

Omarchy is Already Dying
Same as the life cycle of slopfarms
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
 
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026