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 It was revoked in April following an EPO hearing.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

Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
 
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026
Links 28/05/2026: Pakistan and Afghanistan Are Still Fighting, Iranians Back Online
Links for the day
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026
Links 27/05/2026: TSMC Workers Next to Consider Strikes, Ceasefire Cracking
Links for the day
SLAPP Censorship - Part 89 Out of 200: SRA Admits Malfunction, That's Why Transparency is Paramount
There have been more efforts than we can to count or can enumerate (probably over 100 such efforts) to gag us and to prevent us writing about what has happened
Our Free Software Activist in Connecticut (USA)
We'll soon revisit the latest round of legislation on "age" (surveillance, ID)
Links 27/05/2026: Living Without 'Smartphoones' and "Russia’s Biggest Attack on Ukraine in 18 Months"
Links for the day
Gemini Links 27/05/2026: The USA as an "Experiment" and Some Ubuntu Manuals
Links for the day
[Video] Full Video of Richard Stallman's Talk in Rome
It seems inevitable that the official GNU site will have it
Slop is a Passing Fad, It's About Faking Productivity (Plagiarism, Misinformation, and False Positives)
Slop is a bubble. Some people accept it later than others.
Anderon - Like Kyndryl - Could be Far Deeper in Debt Than Its Alleged Worth (Vapourware)
Time will tell, but it seems like a Federal-enabled (by the Federal Government) accounting scam, nothing more, nothing less
The Media That Keeps Covering "AI" Because the Pushers of It Pay for Spam
23 times in the page they mention "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 26, 2026
IRC logs for Tuesday, May 26, 2026
Codecs and Software Patents - Part XI - The Stance of RMS (Dr. Stallman) Reassured GNU Regarding AV1
cautioned against software patents since the early 90s if not earlier