Bonum Certa Men Certa

The GMO Loophole Prevails at EPO Though Allowing People to Patent Life and Nature (or Even Mathematics) Harms Europe For the Sake of Litigation Euros

The EPO's tribunal has determined that "plants and animals exclusively obtained by means of an essentially biological process are excluded from patentability under the European Patent Convention," but that leaves up to artistic interpretation genetic manipulation spun as "technical"

Pimped-up ride: Generic, Patented
Change it a little, get a patent



Summary: The Enlarged Board of Appeal decides that many patents granted by the EPO on nature/life (a bit like Mayo at SCOTUS) are fake patents; is the 'European Alice' up next (tossing out many hundreds of thousands of bogus software patents)?

THE European Patent Office (EPO) continues granting software patents in Europe in clear and direct defiance of the EPC while JURI -- as we've noted earlier this week -- lends a hand with buzzwords and "technical" nonsense. Even the US is less likely to grant such patents after 2017 of thereabouts (35 U.S.C. ۤ 101/Alice) although that too seems to be changing, owing in part to the loopholes constructed by the EPO across the Atlantic.



"It's not to hard to just grant loads and loads of patents; without quality control it's just anarchic monopolism."Hours ago the EPO tweeted: "Between 2018 and 2019, we recorded a 29% overall increase in European patent applications in #MachineLearning [algorithms] and #PatternRecognition [algorithms] . Read more here: https://bit.ly/DigitalisationIndex …"

They're basically celebrating illegal patents, having bent the law to fake 'production' and harm Europe. And who for? Litigation firms, trolls and monopolists (usually not European at all). It's not to hard to just grant loads and loads of patents; without quality control it's just anarchic monopolism.

Early this morning the EPO revealed a decision regarding patents on life, expressing a sort of regret that it had violated the EPC.

"Enlarged BoA issues opinion on EPO President’s referral on plant and animal patentability exception," the EPO wrote. They don't even state the outcome and the full statement here (warning: epo.org link), with its vague title, says nothing about the outcome.

"EPO probably still gives a greenlight to patenting genetically modified organisms (GMOs)," Henrion opined, quoting. the "EPO technical blackhole: 'technical toppings' such as those describing random mutations, can be used to claim plants and animals as ‘inventions’. Companies can escape the current prohibitions, e.g. European patents on barley and beer, melons or lettuce https://www.no-patents-on-seeds.org/en/node/638 ..."

It's that same old waffle to excuse their illegal patents on algorithms. They give guidance to applicants, urging them to work around the rules, relying on unlawful guidelines for examiners (unhinged and incompatible with the EPC). The EPO's statement goes like this:

Today the Enlarged Board of Appeal, the highest level of judicial authority at the European Patent Office (EPO), issued its opinion G 3/19 on questions related to the patentability of plants and animals.

The opinion, triggered by a referral from the President of the EPO in April 2019, concludes that plants and animals exclusively obtained by means of an essentially biological process are excluded from patentability under the European Patent Convention.

Speaking on the case, António Campinos said, ‘I strongly welcome the opinion of the Enlarged Board of Appeal. It will bring greater legal certainty for patent applicants, and the general public, on what is a sensitive and complex issue that has legal, societal and economic implications.'

The Office will act in accordance with the clarifications provided in the Enlarged Board's opinion and implement them in its examination practice in close consultation with stakeholders. Proceedings in examination and opposition which were stayed while the referral was pending will be gradually resumed.


Next they will need to toss out all software patents (or "simulation" patents) in defiance of the Munich bully António Campinos, who in violation of the EPC pressures Haar judges on this matter (people at the EPO never forgot about Benoît Battistelli bullying judges).

Rose Hughes (AstraZeneca) comments on today's decision in Litigation Kat, a blog of patent maximalists:

The Enlarged Board of Appeal (EBA) today issued their opinion in the controversial referral G3/19 (Pepper). The full text of the opinion can be read here. Contrary to what many predicted, the EBA not only found the referral admissible, but also changed their previous interpretation of Article 53(c) EPC to being that plants and animal products produced by essentially biological processes are not patentable.

G3/19 relates to a referral to the EBA by the President following the Board of Appeal decision in T 1063/18 (Pepper). In T 1063/18 (Pepper) the Board of Appeal found that Rule 28(2) EPC (amended by the Administrative Council (AC)) was in conflict with the prior interpretation of Article 53(c) EPC by the EBA in G 2/12 and G 2/13 (Broccoli/Tomato). The Board of Appeal in T 1063/18 (Pepper) thus found that the AC Rule amendment was void. The Board of Appeal also did not feel it necessary to refer the issue to the EBA, reasoning that the EBA had already decided on the question in G 2/12 (Broccoli/Tomato II). The President subsequently referred the question of the patentability of plants produced by essential biological processes to the EBA following a meeting of the AC.


The decision likely invalidates many EPO-granted patents on life and on nature. How many exactly? Hard to tell...

Some EPO examiners likely have a rough estimate; those papers pass their desks.

Let's hope that software patents are next on the 'chopping block'. It's well overdue; over decade "as such".

Recent Techrights' Posts

Linux Months-Old News (LWN Uncorrected)
They could at least update the original
This Week Fedora Celebrates Diversity, But It is Pushing Proprietary Software and Censorship
IBM openwashing, perception management, and reputation laundering gone awry?
EU 'Chat Control' Law is Already Discrediting the Stated Goals of GDPR
Equip kids with always-on always-connected microphones and double-sided cameras, just to be safe...
 
Links 20/06/2024: Bruce Schneier Adds Moderation Policy, FUCKSHITUP Can't Be Trademarked in the US
Links for the day
Mass Layoffs Happening in IBM Subsidiaries, Almost No Media Exists Anymore (to Cover That)
They can drive people out with R.T.O. of lay off in small batches to prevent any media scrutiny
Links 20/06/2024: Trying to Maintain Health and the Implosion of LLM Bubble/Hype
Links for the day
Microsoft's Bing Share in Canada Has Only Decreased Since the LLM Hype ("Bing Chat")
According to statCounter
Gemini Links 20/06/2024: Golden Ticket and Looking for Web 1.0 Communities
Links for the day
Not Even TRYING to Compete With Microsoft
CMA (UK) ought to step in and investigate why Canonical (UK) refuses to even compete
Poul-Henning Kamp: Why Freedom in 'FOSS' Matters
Openwashing is more widely recognised as a growing problem
[Meme] EU Chat Control: The Problem is Too Much Privacy???
So what's with GDPR then? The EU is contradicting itself!
Lithuania: GNU/Linux Usage Climbs to Highest Level in Years
consistent abandonment of Microsoft
"Remarkably Little Had Changed."
Black or African American not even mentioned
Rumours That Nat Friedman (CEO) Was 'Fired' by GitHub/Microsoft
"Microsoft Refused to Fix Flaw Years Before SolarWinds Hack"
linuxsecurity.com: A Step in a Positive Direction
We hope that Guardian Digital and linuxsecurity.com will rectify the matter and persist with real articles
Links 20/06/2024: Somali Piracy Surges, Juneteenth Discussed
Links for the day
Gemini Links 20/06/2024: Gemini is 5 Today (Still No Gemlog Entry From its Founder)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 19, 2024
IRC logs for Wednesday, June 19, 2024
Morocco: GNU/Linux Surges From 0.1% to 4.21%
Microsoft has mass layoffs in Africa these days
[Meme] EU Chat Control II
Stuff like "Chat Control" means that GDPR will lose credibility and the true motives be rightly scrutinised/questioned
You're Only Proving Our Point, Sir
clearly obsessed with what we write
Just Because It Happened Over 20 Years Ago Doesn't Mean It's "Old News" or Stopped Happening
This strategy merely evolved
Thanking Solderpunk for 5 Years of Gemini Protocol
Long live Gemini Protocol and long live Solderpunk!
[Meme] He Who Controls the Boot
And licks the Microsoft boot
[Meme] systemd-recovery
Imagine "Linux" (Poetterix) becoming so unreliable that it needs factory resets
Almost Every Day This Month the GNU/Linux "Market Share" Grows in statCounter
Advocates like to see progress
Dawg, I Herd You Like Freedom
In the context of Software Freedom, little is ever said about free speech
Links 19/06/2024: Microsoft Faces Big Backlash, Bytedance Referred to US Department of Justice
Links for the day
Gemini Protocol Turns 5 in 15 Hours
Geminispace is still very much alive
OSI's Blog is Still 100% "AI" Nonsense Sponsored by Microsoft (the Authors Are Also Salaried by Microsoft)
The founder of the OSI no longer supports the OSI
Poland is Another Country Where Bing Lost a Lot of Market Share Since the LLM Gimmicks
down from 3.24% to 2.4%
Jean-Pierre Giraud, Possible Forgeries & Debian: elections, judgments, trademark already canceled, archaeologist
Reprinted with permission from Daniel Pocock
It Took Microsoft More Than 3 Years to Get a Quarter of Windows Users to 'Upgrade' to Vista 11 (3 Out of 4 Windows Users Still Reject It)
That is exactly what's happening right now
[Meme] The Empire
Don't be like Putin
They Want 'Transparency' Only for the General Public (Every Bit of Communication Available to the Government, Usually Via Corporations)
The EU might decide to effectively ban SSH
Justices Jeremy Johnson and Victoria Sharp to Decide the Fate of Julian Assange in About Three Weeks
Will he be back home in Australia by year's end?
Free Software Won't Fix Equality, But It Helps
Let's examine Free software in the context of: 1) money. 2) justice.
Treating Them as Teammates, Not as Political Props, Trophies, or Objects
Most of the world's people are women
Links 19/06/2024: SFTP and Gopher Milestone
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 18, 2024
IRC logs for Tuesday, June 18, 2024
US Surgeon General's Advice on Social Control Media (and "Smart" Phones) Seems Reasonable
People forget what the real world is about
Quiet at Planet Debian
planet.debian.org has not had any updates since 5 days ago
Belarus: Bing Fell From 1.1% to 0.6% Since Microsoft Started the LLM Hype (Yandex is 50 Times Bigger Than Bing)
Now enter Belarus
Morale at Microsoft Sinks to New Lows
The annual 'Employee Signals' survey showed a drop from 69% to 62% in positive responses
Microsoft Windows is Being Abandoned in the UK, Relative to Other Platforms (New All-Time Lows)
Windows at new lows
Links 18/06/2024: More Executives Leave Microsoft, Attacks on the Press in Russia and 'Exile'
Links for the day
[Meme] Always Livecasting
Wait Till Systemd-Recall
Australia: Bing Lost Market Share Since the LLM Hype ("Bing Chat")
Google rose, Bing went down
Gemini Links 18/06/2024: Unconscious Consumption and Firewall Autoban
Links for the day
[Meme] Canonical Has Basically Become Novell II
Today's Canonical...
While Everyone is Furious at Vista 11 (Over TPM, Recall and Other Malicious 'Features') Canonical is Selling It to People
So the only thing Canonical says about Windows is that you should give it a try?
Links 18/06/2024: Adobe and Internet Archive in Trouble
Links for the day
Peter Duffy Explains SystemD
Ein Volk, Ein Reich, Ein Führer!
[Meme] The Doyen and the Colonel
EPO continues to prioritise lawbreaking over knowledge
EPO Union Action: Next Week SUEPO The Hague and SUEPO Munich Talk About New Pension Scheme (NPS) and Salary Savings Plan (SSP)
So there are basically 32 days left for more people to intervene
[Meme] Wait Till Systemd-Recall
The only thing Linux still needs is a forensics backdoor
GNU/Linux Up This Month in India (or Why Famous Criminal Bill Gates Keeps Visiting Modi)
truth tends to catch up with people
Microsoft Poetterix is Work in Progress
Linux's New DRM Panic 'Blue Screen of Death' In Action
24/7 Work Discipline
it's not so much about how much (or how long) one works, it's about how one works and whether one feels comfortable doing it
Adamant Conformism is an Enemy of Science
"The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 17, 2024
IRC logs for Monday, June 17, 2024
Links 18/06/2024: Further Mass Layoffs and Gemini Leftovers
Links for the day
At IBM, "Brownnosing is the Norm."
Many of these comments are from IBM insiders
Myanmar/Burma: Google Gains One Percent, Microsoft Loses One Percent Since the LLM Hype ('Bing Chat')
it's not hard to understand LLMs didn't replace real search and didn't replace Google, either
[Meme] KISS, not SAAS
Gemini Protocol turns 5 in exactly 2 days
Hostageware: The Threat of Clown Computing (or 'SaaS', Another Misnomer or Buzzword) to Computer Users Everywhere
This problem isn't limited to Free software adopters