Bonum Certa Men Certa

British Patent Courts Continue to Expose the Collapse in Quality of European Patents

Judges who are not controlled by the Office in Munich see things differently

Patent Courts



Summary: The UK Patent Court and the UK High Court are just some of the courts which continue to reject bogus European Patents (courts in other countries do so as well, but press coverage about it isn't in English)

THE previous post noted that the EPO's President, António Campinos, may have already run out of time and out of favour. He won't be trusted anymore.



Putting social aspects aside, Campinos has made it abundantly clear that he doesn't care about patent quality (same problem at the USPTO) and he just wants to maximise revenue while pretending there's financial urgency (or imperative) to do so.

"Putting social aspects aside, Campinos has made it abundantly clear that he doesn't care about patent quality..."The patent extremists couldn't be happier. We'd rather not link to Watchtroll's "Mission Impossible? How US Drafters Can Minimize Support/Clarity Issues Under Article 84 EPC" and "Legal Entitlement To Priority – A European Perspective" (those are just their latest headlines, preceding articles that bash "European Patent Office opposition proceedings and in invalidity actions"). Remember that patent quality does not matter to those who just profit from a lot of litigation; fruitless litigation is a net loss to the plaintiff and defendant, but not to the law firm (so-called 'representatives').

Earlier this month we learned that the EPO had granted a patent on blood (plasma, or "blood separation patent") until the highest British court 'told' it off (indirectly); why does this keep happening? This British court has recently done the same in other cases [1, 2, 3, 4] and as IPPro Magazine put it a few days ago:

The European Patent Office (EPO) has revoked a Regenlab patent related to platelet-rich plasma after finding it lacked both novelty and added matter. Estar Medical filed an opposition to the European patent (2,073,862 B1) in 2017. It was revoked in April following an EPO hearing.

Estar was also successful in obtaining a revocation order from the UK High Court in January for the same Regenlab patent due to it lacking novelty and an inventive step.

An application to amend the UK patent from Regenlab was refused by the UK Patent Courts, which ruled that the amended patent would still be invalid.

The UK Patent Court also denied Regenlab permission to appeal that judgement and was forced to pay “extensive legal expenses” to Estar.

[...]

He commented: "It has been our position from the start that the Regenlab blood separation patent was false and should have never been granted and we are happy that the EPO shares the same view. Estar Medical has remained confident in its position since the opposition was filed in 2017.”


So now we have patents on life, water (dependent on quality of water), air (dependent on quality of air), nature, and mathematics. Great!

Sarah McFarlane (Powell Gillbert) has just published this piece which speaks of the British system compared to the EPC. To quote: "The key statute is the Patents Act 1977 (as amended), which sets out (among other things) the requirements for obtaining a patent, the resulting rights provided and the remedies for patent infringement in the United Kingdom. The Patents Act 1977 gives effect to the European Patent Convention 1973 (EPC) (as amended) in the United Kingdom."

"So now we have patents on life, water (dependent on quality of water), air (dependent on quality of air), nature, and mathematics."But the EPO no longer honours the EPC. We've covered so many examples of that. Earlier this week Mondaq carried this piece about software patents in Europe -- patents that basically ought not exist at all!

Andrew Sunderland (Haseltine Lake LLP) wrote about the EPO having another chance to end such patents -- something which we doubt can happen when the judges lack independence/autonomy. Quoting Sunderland:

Following the recent referral to the EPO's Enlarged Board of Appeal, the EPO has issued a notice indicating that all pending proceedings before the examination and opposition divisions at the EPO, which depend entirely on the decision of the EBA, will be stayed until the decision is issued. Therefore, applicants and opponents should expect a long wait on some cases related to simulation technology.

[...]

If proceedings are stayed, the relevant division at the EPO will inform the relevant party. At the same time, any communications setting a time limit for a response will be withdrawn until the Enlarged Board has given its decision, after which the division will issue a communication concerning the resumption of proceedings.


This should be a trivial case to decide on; it has been made crystal clear by courts, by Parliament and even by the EPC that patents "as such" ought not be granted. Just because the EPO spent many years granting them doesn't make it OK. Longterm deviation from the law does not render it an "acceptable" norm.

Recent Techrights' Posts

After IBM's Shares Collapsed the CEO is Trying the "Quantum" Trick Again, Bolstered by a Demented Dictator in the White House
from what we can gather IBM's CEO is trying to get the US government to participate in the scam
SLAPP Censorship - Part 115 Out of 200: Spending the Next Decade Writing About SLAPPs and Trying to Fix the System
It's the same industry that got paid by corrupt EPO officials to try to cover up the corruption
 
Links 23/06/2026: Microsoft Studio Closures and Journalism Subjected to Further Cuts
Links for the day
Gemini Links 23/06/2026: Gardens, Basketball, Blocking Hyperscaler, and New Commodore Phone
Links for the day
Links 23/06/2026: Apple Price Hikes and Technical Debt in Slop
Links for the day
Greece Ought to Curb the Threat of Social Control Media
its national discourse seems to be run by an American company called Facebook
State of the GNU/Linux Desktop (and Laptop)
The time to advocate GNU/Linux is now
The 'XBox Narrative' Distracts From Destructive Cuts Across the Whole of Microsoft
Microsoft is preparing to lay off a likely record-breaking number of people [...] this isn't just an XBox problem
Microsoft's Stock Fell Nearly $200, But the Real Problems Are Just About to Begin
if they dump slop, what will they tell shareholders?
The Cyber Show on Starmer and Software Freedom
The Cyber Show's Andy has just explained why our departing national leader wasn't all bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 22, 2026
IRC logs for Monday, June 22, 2026
Gemini Links 23/06/2026: Girlrotting, Homeworlds at BGA, Slop Ruins Sites
Links for the day
A Lifetime of Whistleblowing
Ellsberg did not have an easy life, but it was a rewarding life with a rich legacy focusing on justice
European Patent Office (EPO) Series: A Man With Many Missions...
Campinos – accompanied by Gilles Requena and Patrice Pellegrino
Links 22/06/2026: Ubisoft Co-founder Dies, Americans Have Turned Against Slop
Links for the day
Links 22/06/2026: "The Sycophancy Machine" and "Port 22 Open for 54 Days"
Links for the day
When People Who Make the Most Money Are the Best "Boot Lickers" (Sucking Up to Jeffrey Epstein's Circle and the Dictator)
Sucking up to rich people may pay off
The Aim is Not Fame
Reposted from schestowitz.com
"Internally Important, Externally Irrelevant": IBM in a Nutshell
Right now its debt spins out of control and its stock spirals down the drain
SLAPP Censorship - Part 114 Out of 200: Thousands of Long Articles to Come, Properly Covering the SLAPP Industry in the UK and Its Modus Operandi
"Stowell described SLAPPs as ‘a stain on our legal system’."
Finding a Way to Get Paid to Improve LibreJS
So now we have more people resurrecting LibreJS and improving it
Microsoft Can't Even Wait Until July, Shutdowns and Layoffs Already Happening
Mashable speak of "a grim picture for the state of Xbox."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 21, 2026
IRC logs for Sunday, June 21, 2026
Gemini Links 22/06/2026: Appreciating Simple Things, Perfect Summer Evening, IRIX, Vim and so
Links for the day
Chad's Move to GNU/Linux or the Point of Exceeding 5% "Market Share"
experienced centuries of being colonised
Gemini Links 21/06/2026: Dating Oaks, Paying With Cash, and "More on Withered Technology"
Links for the day
GAFAM is Drowning in Debt, GAFAM is Clearly Not Sustainable Anymore (It Runs on Borrowed Money and Bailouts)
The war and surrender in Iran will deepen the debt; we'll see the GAFAM reports in late July
GAFAM Was Never an Ally to Europe
Only 1 in 10 Europeans see US as an ally — study [...] military providers in "tech" clothing cannot be trusted
GitHub, LinkedIn, and XBox Will Finish Like Skype (Sustainability Crisis)
Skype should become a verb. When Microsoft 'Skypes' something it means it basically shuts it down with some temporal excuse/s.
Drowning in Garbage: AUR Shows That Too Much Low-Quality Software (Including Slop) is Bad for Everybody
What happened in AUR had happened elsewhere before and will happen again in the future
Links 21/06/2026: EU on Patented (Monopolised) Crops, Microsoft Software "Narcs on You to Your Boss"
Links for the day
Microsoft at 50 Follows the General Trajectory of Skype
How many years does Microsoft have left before payroll becomes impossible?
A Year After a Microsofter Took Over The Register MS It is Effectively a Content Farm With News as a 'Side Dish'
This is not journalism, this is spam
IBM Pays the Media and Cons Some 'Journalists' Into Participating in "Quantum" Spam
"The Boy Who Cried Wolf"
You Don't Need an 'App' for Your Birdhouse (Slopfondlers Come for Birds)
That they sell those things as "AI" really says a lot about how dishonest slopfondlers really are
SLAPP Censorship - Part 113 Out of 200: The United Kingdom is Not Turkey
Turkey is ranked almost worst in the Western World for press freedom
Cybersecurity Does Not Mean Asking Microsoft for Permission to Boot
There were very good and timely reasons to speak about the matter, including impending antitrust complaints against Microsoft
Links 21/06/2026: Bots from Alibaba Do Harm and Many Xbox Games Are Being Cancelled
Links for the day
5 Years After Release of Vista 11 Not Even One in 5 People Use It (in the US)
It doesn't look like Vista 11 will ever be adopted like prior versions and announcing a Vista 12 will mostly upset companies/organisations that only recently "upgraded" to 11
Gemini Links 21/06/2026: Boca Raton, Perfect Summer Day, and LLM Doing Things Poorly
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 20, 2026
IRC logs for Saturday, June 20, 2026