Bonum Certa Men Certa

What Happened in the United States Now Happens in Europe: Lots of Patents Turn Out to Be Bunk, Fake, Bogus, Invalid and Thus Worthless

Low patent quality has done incredible harm/damage to confidence in the system

Cardboard recycling



Summary: Worthless patents -- not opposition to such patents -- are the greatest threat to the legitimacy of the patent system, yet bureaucrats fail to heed the warning in the name of short-term profits

HERE AT TECHRIGHTS we've been following the U.S. Patent and Trademark Office (USPTO) for more than a decade and a half (I wrote about it long before the site even existed). When I was about 20 I was upset to see Graffiti input on Palm being destroyed by patents. I wrote about it in my personal blog. Such ridiculous US patents could possibly be used by a relic like Xerox to embargo -- e.g. via ITC -- devices I so often used (I still own and use a Palm PDA). The workaround was known as Graffiti 2, which is vastly inferior. The PDA I use was manufactured in 2003 -- the same year Graffiti 2 was introduced, so I'm lucky to have dodged this sabotage by patents. For those who wonder what got me upset at such patents (software patents), that was it. Richard Stallman often attributes the creation of GNU and then the FSF to Xerox printers that upset him. So I share more than my initials with him and we've been good friends. We share our views on patents and the European patent system.



Things have changed a lot since, especially in 2014 when SCOTUS ruled on Alice, giving rise to 35 U.S.C. €§ 101 as we now know it.

"We are saddened to see Europe falling into the same trap that the US had fallen into a few decades ago when the Federal Circuit gave a green light to software patents."Seeing what happens in the US this year, we're not even tempted to resume coverage of it. Virtually all cases are concluded the way we'd like them to. Janal Kalis ("Patent Buddy") is still obsessing over mere patent applications, as PTAB and district courts have nothing for these patent maximalists to celebrate. This week he wrote: “The PTAB Reversed an Examiner’s 101 Rejection of Claims for a Method of Detecting Similar Objects” (the exception).

Usually it's the other way around. We also note that patent extremists blame "big tech" for the demise of software patents, never mind if "small tech" (firms) too pushed towards that. "They ‘happen’ to be those who also produce a lot of software," I replied to him, "unlike patent trolls and law firms, so…"

"It is impossible to argue (any longer) that the EPO has no patent quality issues; even the EPO's management now admits it."Readers can probably agree that what happened in the US after Alice, more so in recent years as caselaw shaped up, was overwhelmingly positive. Developers were able to focus on actual work rather than hire lawyers.

We are saddened to see Europe falling into the same trap that the US had fallen into a few decades ago when the Federal Circuit gave a green light to software patents. The European Patent Office (EPO) under the leadership of António Campinos is a very vocal booster of software patents in Europe. The managers at the Office, preoccupied and obsessed with so-called 'production', are still trying very hard to break the rules (e.g. misinterpret the EPC) and grant bogus patents -- European Patents courts would reject such as "blockchain" patents.

The EPO has already admitted these are software patents as so does Bastian Best on Twitter, soon to be retweeted by EPO (official). The EPO reposted this yesterday: "For the blockchain enthusiasts in my network: Koen Lievens does a great job in this video explaining how #blockchain inventions can be #patent’ed at the @EPOorg. Hint: It’s the exact same standard as for any other type of CII."

What are these people thinking? Bearing in mind the EPO's own admission of quality problems (albeit internally only, for now), shouldn't they quit this madness? Sooner or later all these patents will fall in an avalanche like Alice in the US.

Meanwhile, judging by yesterday's long post from IP Kat, the non-impartial and not-so-independent (i.e. partially dependent) EPO appeal boards are hard to rely on as long as Battistelli and Campinos, two crooked patent maximalists, control them. Watch this latest situation:

A recent decision by the EPO Technical Boards of Appeal (TBA) departed from previous boards on how the novelty of the increased purity of a known compound is to be assessed. In T 1085/13, the TBA diverged from previous decisions that established special criteria for determining the novelty of a claim directed to a known compound of increased purity. The decision also ignores the criteria set out in the EPO Guidelines for Examination. These state that to be novel a selection invention must be “purposive”. The decision therefore confirms that the EPO is prepared to depart from its previous positions on the criteria for assessing the novelty of selection inventions. It seems that, for the purpose of assessing novelty, the TBA are now in favour of applying the same novelty criteria to these inventions as to any other type of invention, and nothing further.

[...]

As far as this Kat is aware, T 1085/13 is the first decision by the TBA to depart from the “special criteria” for purity inventions provided in T 0990/96 (although she is happy to be corrected on this if readers are aware of any earlier decisions).

T 1085/13 also appears to have ignored the criteria for selection inventions established by earlier TBA (and outlined in the EPO guidelines for examination) that a claimed selection must constitute a "purposive selection". This is in line with other recent decisions of the TBA. It therefore appears that the third criteria for the novelty of selection inventions is being phased out, although this is still not reflected in the most recent EPO Guidelines for Examination. If this really is to be the new position of the EPO, is it not time for these changes to be reflected in the guidelines? This Kat also awaits with interest to see whether this latest decision on purity inventions will be followed by subsequent boards and the Examiners.


Guidelines should be based on law, not so-called 'production' aspirations. This is akin to what Iancu does at the USPTO, in effect mimicking Battistelli. Judges are being pressured and condemned.

As further evidence of the decline of quality of patents (EPO and USPTO in this case), watch these two new reports (from yesterday) [1, 2] as they cover something we wrote about some days ago (based on the original press release). The gist of it is, the EPO admits it granted false patents... yet again (not just the USPTO, where such invalidation is a lot more common with Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs)).

To quote the first report:

The European Patent Office (EPO) and the US Patent and Trademark Office (USPTO) have both invalidated patents owned by Immunex Corporation. The patents cover antibodies that target human interleukin-4 receptors.

Regeneron Pharmaceuticals had opposed the patents, arguing that European patent 2,990,420 and US patent 8,679,487 were invalid due to the insufficiency of disclosure.

The EPO invalidated Immunex’s European patent a day after the USPTO’s Patent Trial and Appeal Board invalidated all 17 claims of the US patent due to obviousness.

Joseph LaRosa, executive vice president of Regeneron, commented: "We applaud decisions by the US and European patent offices this week, which invalidate Immunex's functional patent claims to antibodies that target human IL-4 receptors."


The second such report says:

Regeneron Pharmaceuticals (Nasdaq: REGN) has announced two important legal developments invalidating Immunex patents with functional claims to antibodies that target human interleukin-4 receptors (IL-4R).

On Friday, the Opposition Division of the European Patent Office (EPO) revoked wholly-owned by Amgen (Nasdaq: AMGN) subsidiary Immunex' European Patent No 2,990,420 in its entirety because the claims were invalid for insufficiency of disclosure. This follows a decision by the Patent Trial and Appeal Board (PTAB) of the US Patent & Trademark Office (USPTO) to invalidate all 17 claims of Immunex' US Patent No 8,679,487 as obvious. These decisions are subject to appeal by Immunex.

Regeneron’s shares closed up 2.17% at $423.79 on Friday, while Amgen dipped 1.51% to $185.50 in after-hours trading.

"We applaud decisions by the US and European patent offices this week, which invalidate Immunex' functional patent claims to antibodies that target human IL-4 receptors," said Joseph LaRosa, executive vice president, general counsel and secretary, at Regeneron. "It is our position that Immunex' functional claims unfairly attempt to claim ownership far beyond the molecules developed, and stifle innovation within the broader scientific community," he added.


It is impossible to argue (any longer) that the EPO has no patent quality issues; even the EPO's management now admits it.

Recent Techrights' Posts

Europe in 2026: Over 5% GNU/Linux, Not Counting Chromebooks
2026 has started strongly
State of Tech Journalism in 2026: Follow the Money
in order to understand what motivates an opinion piece one must follow the money
Slopfarm Says Microsoft's "Biggest Business" is the 'Business' Where It Loses Tens of Billions of Dollars
TOI still pretends to have a lot of output
At the Start of January 2025 Microsoft President Said Microsoft Would Spend 80 Billion Dollars on "AI" Data Centres. That Didn't Happen. Microsoft Laid Off 30,000 Workers, Debt Surged.
Maybe this coming Monday Microsoft will come up with more false promises and vapourware
Links 02/01/2026: Insurrectionist Attacks Musicians Critical of Him With Lawfare, Project Gutenberg Now Has Over 75,000 Books
Links for the day
Decline in LLM Slop About "Linux" is a Good Start for 2026
When the only remaining proponents of slop are slop, which is pretty much what's happening right now, the bubble is popping
EPO People Power - Part XXII - Contact Officials and Inform Your National Representatives (Delegates) of the EPO's Cocainegate
Europe's largest media intentionally covers up serious scandals in Europe's second-largest institution
Slopwatch Still Dead, Not Enough LLM Slop About "Linux"
this is the desirable thing
LibXML2 Will Carry on (Without or With the Name "LibXML2")
The proprietary software boosters are projecting
Gemini Links 02/01/2026: ThinkPad, SHARP Zaurus, Lagrange Handheld Support
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 01, 2026
IRC logs for Thursday, January 01, 2026
Links 01/01/2026: "Biophobia" and Renewed Effort to Locate MH370
Links for the day
Gemini Links 01/01/2026: Bot Accounts Online and Reading in 2025
Links for the day
IBM’s and Red Hat’s "Operation Evolution initiative" Just Long, Fancy Term for Bluewashing, Redundancies, Layoffs
Gerstner is still alive, but he's shorter and more arrogant
Designing a Better Mousetrap or Tools for the SSG
Static Site Generators (SSGs) - unlike all modern Content Management Systems (CMSs) - are so simple that extending them is easy
Links 01/01/2026: 1930 Works in the Public Domain, Electricity Pricing 'a Mystery'
Links for the day
Firefox is Toast Because It Got Toasted by Mozilla
Firefox cannot keep above 2% and hasn't been able to for quite some time
Ignore the LLM Slop and the Noise, Microsoft is in a Death Spiral
So what does Microsoft have left to sell?
Red Hat is Vanishing Before Our Eyes
With some Red Hat staff "transitioning" we wonder if it's an HR hack, wherein they "reset the clock" on employment duration so as to lessen severance obligations
In 2025 Microsoft Lost Palau
Palau now has GNU/Linux at steadily high levels
Microsoft Mocked UNIX/Linux for Not Handling Dates After 2038, Microsoft Breaks Down on 2026!
Only a truly moronic company would design it that way
Another New Year's Resolution: Public Domain Sources, Credits
In addition to our first one
Combatting Slop Images (and ClownFlare)
we won't use or reuse slop images
The End of Red Hat
expect many more layoffs soon
A New Year's Resolution: Maximal Transparency
We'll do our very best to be transparent about everything that's going on, even legal matters
Gemini Links 01/01/2026: 2025 Comes to a Close and Capsular Gemlog Manager
Links for the day
Free Software Foundation (FSF) Raised About 1.3 Million Dollars in the Past Couple of Months!
the FSF's Board now has 10 people in it
2026 IBM Phaseout of Red Hat
Red Hat won't fare any better than most IBM acquisitions
Microsoft Budget Issues, XBox Thrown Under the Bus
They're cutting budget. Soon they'll cut the staff.
Only Hours Into the New Year People Already Discuss the Next Round of Layoffs at Red Hat/IBM
2026 will be another tough year for Red Hat and IBM
EPO People Power - Part XXI - Europe's Second-Largest Institution Became a Corrupt For-Profit Company Run by Drug Addicts
it'll be the demise of the Rule of Law in Europe and maybe a death blow to the EU (eventually), not just the EPO
Another Very Productive Year Commences
"a total of over 17,000 pages in a year"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 31, 2025
IRC logs for Wednesday, December 31, 2025
Fiji: GNU/Linux Has Risen From Almost Nothing to Almost 5% in Recent Years
It's not as small as people are led to believe
Gemini Links 31/12/2025: Blogosphere is Growing and New Year Begins
Links for the day
Recruiters Don't Use Microsoft LinkedIn, Spammers Use LinkedIn
One of my best friends, a university professor, lost all of his life's savings due to Microsoft LinkedIn
You've Only Wasted Your Life in Social Control Networks
In a sense, social control media is a giant delusion
2025 Was a Very Bad Year for Social Control Media
statCounter sees a gradual demise in Social Control Media access
Don't "Go Paperless", Go Paperful [sic] (for What Really Matters)
Why should we favour paper use sometimes? Well, many reasons.
Complexity Considered Harmful: We Used to Run an Operating System on 64KB of RAM, Not 64GB of RAM (a Million Times More)
"Initially confined to single-tasking on 8-bit processors and no more than 64 kilobytes of memory"
The Slop Industry is Failing So Badly (Mountains of Debt, Losses) That It's Merging With the SPAM Industry
we reckon that Google will eventually delist all slopfarms, recognising they're just a form of SPAM
Links 31/12/2025: Cheeto Pushing for More Wars, ‘Security is a Shared Responsibility’
Links for the day
Enshittification of Postal Services Isn't Technological Advancement
Societies that say the aim is to "go digital" and eliminate paper trail aren't advanced; they're moving backwards
IBM Starts 2026 a Much Smaller Company (Not Homage to Gerstner)
People who get bluewashed out of their job (or bluewashed into unemployment) are gagged by NDAs
XBox is Likely Dead Already, But the Threat It Posed to Us All for Two Decades Isn't Over
"the Xbox was never about gaming and merely served as a test bed for DRM in commodity systems."
Ahead of 2026 Mass Layoffs at Microsoft the Tree Gets Shaken to See Who 'Falls' (Resigns/Retires)
"We had a quiet meeting last week about budget realignment. No one said layoffs, but it’s clear where the focus is shifting."
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025