Bonum Certa Men Certa

Companies That Collapse Because the European Patent Office (EPO) Gave Them Fake Patents in a Hurry



When you're being granted a monopoly that later turns out to have been invalid all along

Hurry



Summary: False hopes and false promises won't do any favours to European Patents, whose legal certainty suffers because Campinos and Battistelli measure nothing but 'production' (quantity) rather than quality of patents

THE European Patent Office (EPO) cannot carry on pretending that it values patent quality. On Friday night we wrote about decline in patent quality and around the same time came out this report entitled "Here's Why Pacific Biosciences Is Tumbling Today" from Microsoft's network (Motley Fool). In short, it happened because the EPO had granted a fake patent; we saw similar stories before (see last year's A Danish Company Has Just Collapsed Due to Patent Quality Issues at the EPO). As long as the EPO keeps granting software patents and patents on life/nature oppositions will come and courts will shoot down European Patents, discrediting the very concept of such patents.



The latest:

Shares of Pacific Biosciences (NASDAQ:PACB) fell over 14% today as investors grappled with more bad news for long-read DNA sequencing power. The latest twist comes courtesy of the European Patent Office (EPO), which revoked a second patent for the company pertaining to its ability to read long, uninterrupted strands of DNA with its machines. More specifically, the EPO found that the patent in question made too broad a claim to "single molecule sequencing," which is central to the company's entire technology platform.

A shrinking patent portfolio isn't ideal, but it's compounded by recent news from the United Kingdom's Competition and Markets Authority (CMA). The trade body has referred the company's pending acquisition by Illumina (NASDAQ:ILMN) for an in-depth investigation after the parties failed to address the CMA's concerns raised from an initial inquiry that began in April, as first reported by The Motley Fool. Turns out both the patent dispute and the antitrust investigation have a similar root cause: Oxford Nanopore, a start-up based in the United Kingdom.


We're going to see more and more stories like that. If not for the oppositions and appeal boards, it will be actual courts (outside EPOnia and Haar, which is technically outside of EPOnia in overt violation of the EPC) deeming such patents invalid. Over the past few months, more so than the past few years, we've seen examples of this every week. We shall cover such examples (that become known to us) and repeatedly stress the need for quality.

"It's like there's a very deliberate 'blackout' and key platforms that used to criticise the EPO are nowadays very much complicit."Last month we covered the EPO’s “Collaborative Quality Improvements” (CQI), formerly known as “Team Collaboration Project” (it's the opposite of the name). Notice how no European media, not even so-called 'IP' blogs, touched the subject. It's like there's a very deliberate 'blackout' and key platforms that used to criticise the EPO are nowadays very much complicit.

Recent Techrights' Posts

In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
Over at Tux Machines...
GNU/Linux news for the past day
 
Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter