Bonum Certa Men Certa

Patents That Were Gleefully Granted by the EPO Continue to Perish in Courts

Putting in doubt the collective legitimacy of such patents.

EPO delivery



Summary: The decreasing quality of granted European Patents already becomes a growing problem if not a crisis of uncertainty

THE European Patent Office (EPO) very well knows that it is granting a lot of fake patents or IPs (Invalid Patents) rather than European Patents. Like the USPTO, especially in recent decades (35 U.S.C. €§ 101 has slowed things down a bit), the EPO does not seem to mind patent quality, only raw numbers. António Campinos even promotes illicit software patents in his blog.



"In the European courts, citing the EPC as usual, more European Patents turn out to be invalid."Years ago we heard stories about European patent examiners who had granted Apple patents against their will (management's pressure), knowing that Apple is a "big client", so even though evidence suggests applications ought to be rejected patents get granted anyway. Yesterday a Web site dedicated to Apple patents said this:

Earlier today Patently Apple discovered a patent application from Apple in the European Patent Office database. Digging deeper into the documentation I discovered that Apple had acquired the entire worldwide right, title and interest in the listed patents from Tueo Health Inc. as noted in-part from the document presented below.


Some corporate media then followed, e.g. this one from CBS (ZDNet, a tabloid covering technology):

Apple has acquired a new patent which describes technology able to monitor your health conditions while you are asleep outside of a standard mobile device or smart watch.

As spotted by Patently Apple, a patent registered by the European Patent Office (EPO) reveals the acquisition of a design from Tueo Health Inc.


Part of it is software, but notice how they say "mobile" and "smart". Innovation, right? What other buzzwords can be added? "Insight for searchers and patent information professionals focuses on AI," the EPO wrote yesterday. Whenever the EPO says "AI" it typically means invalid/bogus software patents that must not be granted (they would be in violation of the EPC). Sometimes "AI" refers to search (of patent databases), but only sometimes...

"One thing isn't in doubt though; the lawyers are loving it because they profit from the war."Another term the EPO likes to name-drop (in the context of search or patenting) is "blockchain" and for this too -- like "AI" -- the EPO set up a whole event featuring patent trolls. Speaking of trolls, Watchtroll continues to pretend -- as recently as yesterday in fact -- that software patents are magically OK if one rides hype waves like "blockchain". And also on the subject of trolls, the patent trolls' boosters from Bristows (Annsley Merelle Ward) are again pushing the agenda of a Microsoft-armed patent troll (in IP Kat yesterday), MOSAID/Conversant. She gave away her bias in a recent blog post. They -- like the EPO -- want the trolls of the world to come to Europe; it's not their problem when innocent parties get dragged into court. The more litigation, the better, irrespective of the underlying merits (or lack thereof).

In the European courts, citing the EPC as usual, more European Patents turn out to be invalid. Vidal-Quadras & Ramon's Oriol Ramon has just given this example:

By virtue of a Judgement dated 29 March 2019, the Court of Appeal of Barcelona upheld the Judgement of 20 February 2017 ruled by the Commercial Court No. 1 of Barcelona that revoked the Spanish part of European patent EP 1 379 220 (EP’220).

The plaintiff filed proceedings for revocation of EP’220 due to lack of novelty and inventive step.

In the reply to the revocation suit, the patentee did not defend the patent as granted by the EPO but filed a counterclaim based on Article 138.3 EPC limiting the patent and requesting the revocation action to be dismissed and the patent to be maintained as amended.

The plaintiff then petitioned the counterclaim to be dismissed because the patent in its limited version did not meet the requirements for added subject-matter (Article 123.2 EPC) and inventive step (Article 56 EPC), as, according to the prior art, it was still obvious to a person skilled in the art.

[....]

Neither the Order dated 15 October 2018 nor the Judgement mentioned hereby assessed a further issue: Whether a voluntary request for limitation of a European patent can be filed in the national patent offices or whether it must be filed in the EPO in order to preserve, when possible and as a general principle, the unitary text of the European patent (Article 118 EPC). In fact, the Act revising the EPC introduced a central procedure for administrative limitation by the EPO (Article 105 bis EPC): “At the request of the proprietor, the European patent may be revoked or be limited by an amendment of the claims. The request shall be filed with the European Patent Office in accordance with the Implementing Regulations”.

The judgement is not yet final as an appeal in cassation and an extraordinary appeal for procedural infringement have been lodged by the patentee with the Supreme Court.


How much money has already been wasted and will be wasted in the future because of these dubious patents? One thing isn't in doubt though; the lawyers are loving it because they profit from the war.

Recent Techrights' Posts

99.99% Uptime in First Half of 2025
Since January there was only one noticeable outage
When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Under the Guise of "MIT Technology Review Insights" the Site MIT Technology Review Posts Corporate Spam as 'Articles'
Some of the articles aren't even articles but 'hit pieces' against Free software and some are paid advertisements
Brett Wilson LLP Has Track Record in Scam Coin Cases (e.g. Craig Wright and More), Now It Works for 'Crypto' Scam Purveyors
But wait, it gets worse
 
Gemini Links 17/07/2025: "Goodreads for Gemini" and Defence of "The Small Web"
Links for the day
Links 17/07/2025: Anger and Morale Issues at Microsoft, Wars and Conflicts Get Digital
Links for the day
CALEA / CALEA2 is the Real Problem, Not Chinese Operatives Exploiting CALEA / CALEA2 (as Any Other Nation Can)
CALEA / CALEA2 is more of a front door than a back door
Nils Torvalds and Anna "Mikke" Torvalds (née Törnqvis) Hopefully Use GNU/Linux by Now
"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025
Exclusive: corruption in Tribunals, Greffiers, from protection rackets to cat whisperers
Reprinted with permission from Daniel Pocock
Will Brett Wilson LLP Handle Its Own Winding Up Petition or be Struck Off for Overt Abuse of Process?
Today we sue not only the first Microsofter
Links 16/07/2025: Chip Bans and Microsoft’s “Digital Escort” Program
Links for the day
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Revolving Doors: One Day You're a Judge, the Next Day You're an Attorney Paying Public Officials and Working for Violent and Dangerous Microsoft Employees
how the US justice system works
Sharing Code and Recipes
It helps explain the triviality of software freedom
Slopwatch: Noise, Plagiarism and Even Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
What are we meant to do to prevent a false association or misleading connotations? Game the LLMs? No. Boycott slopfarms.
How Many Women Has Microsoft's Alex Balabhadra Graveley Already Strangled and Where Does That End?
If you too are a victim of this man and wish to share information, contact us
Gemini Links 16/07/2025: BaseLibre Numerical System and Simple Web Browsing with TLS
Links for the day
Links 16/07/2025: Fascist Slop Takes "Intelligence" Clothing, New Criminal Case Against MElon
Links for the day
"We Might Save Somebody's Life"
I follow the example of my father
Why I am Suing the Serial Strangler From Microsoft, Alex Balabhadra Graveley, in the UK High Court This Week
Out of respect to the process and to the Court, I shall not share any pertinent details about the case
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025
Links 15/07/2025: LLM Pollution and Pushback in Ukraine
Links for the day
Gemini Links 15/07/2025: xkcd, New Cert, and Alhena Gemlog
Links for the day
Links 15/07/2025: Press Freedom at Risk and New Facebook Blunders
Links for the day
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day