Bonum Certa Men Certa

Many European Patents Lack Validity and Blogs/Press Won't Talk About That

Many European Patents Lack Validity. But reporting on such facts won't be good for my readers. So I look the other way while taking payments from patent maximalists.



Summary: The persistent denials from the EPO and inability of the media to cover the news (as opposed to EPO puff pieces) may mean that the avalanche of European Patents will carry on as long as the Office survives

THE USPTO can no longer grant patents on life as hastily and as easily as before. We've been including several links to news reports about it (in Daily Links). Mayo and Myriad (in 35 U.S.C. €§ 101 it's mostly the former) contributed to this after SCOTUS overturned decisions made by the Federal Circuit. Here in Europe the European Patent Office (EPO) typically ignores justice, laws, courts, and judges. How can it? It can! It's above the law! Look what Battistelli got away with; António Campinos covers it all up and continues promoting software patents in Europe, even by intervening (one might say "meddling") in legal cases of BoA regarding software patents. Isn't it astounding that here in Europe we haven't the Rule of Law? Nontechnical career-climbing alcoholics can push around judges and punish entire courts by sending them to Haar just to 'make a point'...

Where's European media? Sorry, it's dead. It's composed by law firms, as we've just noted again. It's like regulatory capture.

"Where's European media? Sorry, it's dead. It's composed by law firms, as we've just noted again."What about blogs? Sorry, they're also captured by the litigation giants, more so after threats from the EPO. Rose Hughes (AstraZeneca) still leads IP Kat's way when it comes to EPO coverage, never touching any of the ongoing scandals, occasionally promoting UPC lies, and intentionally failing to note that the EPC is being violated. IP Kat is the opposite of what it used to be. Yesterday she wrote

Notably, Dirk Visser is not a supporter of the Board's reasoning in T 1933/12, describing their justification of the co-applicant approach as "poor" (The Annotated European Patent Convention, Article 87(1)). Mr Visser further argues that the co-applicant approach of T 1933/12 is inconsistent with the EPO's reasoning that all applicants (X and Y) of the priority application (or their successor(s) in title) are named on the subsequent application claiming priority (as in the CRISPR case). The latter is based on the understanding that X and Y are a legal unity that cannot be divided, whilst the co-applicant approach permits a change of the legal unity of X+Y into X+Y+Z.

[...]

The GSK patent was revoked on grounds other than invalid priority. GSK has appealed the decision. In reply to the appeal, Eli Lilly has argued that it was incorrect for the EPO to apply the co-applicant to the patent. Lilly particularly cites T 205/14 and T 517/14 in which the Board (3.3.01) required, in a situation analogous to that in the case in EP 1965823 (GSK), evidence of a transfer of the right to priority to the additional applicant (Z) of the PCT application from the applicants (X+Y) of the priority applications. None-the-less, the position of the Opposition Board in EP 1965823 is broadly in line with a number of opposition division decisions, e.g. EP2940044, and the Guidelines for Examination.

There is another pending appeal challenging the co-applicant approach. The case relates to one of AbbVie’s Humria patents (T 1837/19). In this case, Abbott Laboratories was listed as the applicant for the PCT application for all designated states apart from the US. The applicant-inventors of the US provisional applications from which priority was claimed were listed as the applicants for the US designation. The opponent has argued in their Statement of Grounds of appeal that the EP application is just one of the bundle of applications making up the PCT application, and that the EP application is different from and therefore does not include the applicants of the US provisional.

Unlike the issue at stake in the CRISPR appeal, the case law supporting the co-applicant approach is flaky at best. However, it seems likely that we will soon receive clarity on the legality of the co-applicants approach from the Boards of Appeal. Will the Boards of Appeal follow the more lenient approach to priority represented by the co-applicant approach followed by the opposition division, or will we see a tightening up of the requirements?


Well, these Boards of Appeal lack independence (the Office breaks the law). Should not that be mentioned? Notice that many of the above companies are partners and rivals of AstraZeneca, the writer's paymasters. But the affiliation with AstraZeneca isn't entirely concealed (to be fair to her). It's not properly disclosed, so still...

"The lack of actual journalism in the area of patents is a very major crisis and even blogs have been hijacked by patent zealots. They're a multi-billion-dollar 'industry' which produces nothing at all. Except agony."The quality of European Patents continues to collapse and as we mentioned earlier in the week, many of them perish in courts. No wonder the number of European Patent applications is decreasing. The EPO granted a bunch of fake patents and only lawyers have benefited; it doesn't matter to them who wins disputes, only that the disputes go on and on (more legal bills).

PR Newswire UK (press release site) has just published this press release about a high-profile dispute over a European Patent:

On November 19, 2019, the Mannheim Regional Court heard two cases brought by SolarEdge, an Israeli provider of power optimizers and solar inverters, claiming that Huawei's PV optimizers infringed on its patents. The court concluded that Huawei did not infringe on SolarEdge's patent for one case, and deferred the hearing for the other case due to insufficient evidence. On November 21, 2019, the European Patent Office (EPO) heard a patent opposition case brought by Huawei against SolarEdge. The EPO decided to revoke SolarEdge's patent relating to the inverter multi-level topology.

A Huawei spokesperson welcomed the court's decision. As one of the world's largest holders of intellectual property rights, Huawei actively protects its own intellectual property rights and fully respects the rights of others. Huawei advocates the use of legal means to resolve disputes over intellectual property rights, and insists on taking legal action to protect its rights and interests.


Robin Whitlock of Renewable Energy Magazine has also just mentioned this fake European Patent:

The court heard the two cases on 19th November 2019, in which Israeli provider of power optimisers and solar inverters SolarEdge claimed that Huawei's PV optimisers infringed on its patents. On 21st November 2019, the European Patent Office (EPO) heard a patent opposition case brought by Huawei against SolarEdge. The EPO decided to revoke SolarEdge's patent relating to the inverter multi-level topology.

A Huawei spokesperson welcomed the decision by the court that the company did not infringe on SolarEdge’s patents along with the court's decision to defer the second case on grounds of insufficient evidence.

The Huawei spokesperson said that as one of the world's largest holders of intellectual property rights, Huawei actively protects its own intellectual property rights and fully respects the rights of others. The spokesperson added that Huawei advocates the use of legal means to resolve disputes over intellectual property rights, and insists on taking legal action to protect its rights and interests.


We derive no pleasure from such news; we feel somewhat vindicated, sure, but what we have here is a couple of companies wasting a lot of money (potential salaries for more workers) on a baseless dispute due to a fake European Patent. Who profits from all this? Lawyers. In-house or otherwise (for smaller companies it's even more expensive as they lack the staff to deal with this).

Kilburn & Strode LLP and Freddy Thiel have meanwhile published and promoted this self-serving puff piece about the firm's own lawyers who look to exploit the EPO for endless litigation. In their own words:

The quality of a patent can be directly linked to the relationship between in-house attorney and inventor (and outside counsel, if involved). It is quite possible that, without a good rapport, an attorney may find it hard to get the required attention from the inventor. They may miss much of the detail needed to produce a patent application that stands up in front of the EPO, where flexibility post filing is much more limited.

[...]

Keep asking questions, even ones that may seem obvious. Sometimes obvious questions elicit the best answers.

“I’ve never been afraid of telling an inventor that I know nothing about the tech. Simple questions often lead to finding a key ingredient to the recipe for the perfect invention capture. Sometimes popping a simple question or a remark can lead the inventor to think about the fundamental aspects of the invention, which they may otherwise have been overlooked. Inventors are generally much smarter than the EPO’s “Skilled Person” and often disregard what could end up being patentable inventions.The risk with a simple question is that it could cause the inventors to roll their eyes. You can back up a simple question by pointing out an inconsistency or gap in their discussion of the invention to show your true level of understanding and bring them back on board.”


Imagine that this is what counts as 'journalism' (and shows up in Google News as EPO and patent "news"). The lack of actual journalism in the area of patents is a very major crisis and even blogs have been hijacked by patent zealots. They're a multi-billion-dollar 'industry' which produces nothing at all. Except agony.

Recent Techrights' Posts

Teaser: The Next Series About the SRA, Which Would be Just as Effective as It Is Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part I - Introduction
The SRA is a sham. Many people know this already, but we want to document our own experiences with it.
Live Simply, Live Better
Life isn't about "collecting" possessions; it's about doing things that matter and accumulating knowledge so as to make better choices
Now That XBox is Pretty Much Dead and There Are Mass Layoffs at Microsoft
This means our predictions about Microsoft (and XBox) are "falling into place"
The term FUD (fear, uncertainty, doubt) was created to describe IBM's tactics and IBM is doing it again
Rob Thomas or "RT"
Slop is Distraction
LibreWolf will never include any of this slop nonsense, no matter if toggled on or off
Cult inquiry: Parliament of Victoria, last chance to have your say
Reprinted with permission from Daniel Pocock
Still Lots of IBM Departures
It's not that we lack evidence of IBM layoffs. It's just that we have ample evidence of the press not doing its job (or barely existing anymore).
The Register MS Standards: Promote a Ponzi Scheme in Exchange of Money
Once upon a time it was a serious publisher. Months ago it was taken over by a Microsoft person.
 
Gemini Links 01/03/2026: Simpler Software and Announcing OFFLFIRSOCH (OFFLine-FIRst SOftware CHallenge) 2026
Links for the day
EPO "Cocaine Communication Manager" - Part V - Jobs at the EPO for Those Connected to Cocaine Addicts (Skills Not Required)
EPO management is trying to shoot the messenger
Booz Allen Hamilton, the Former Employer of Edward Snowden (NSA Contractor), is Drowning in Debt
Can Supreme Leader Cheeto bail it out like he does slop companies?
On the Concept of "Protected Class" (or Race) at IBM
It's self-harming as in practice it imperils the company and harms the reputation/brand
The Mass Layoffs at Microsoft That Nobody in the "News Industry" Wants to Talk About (and TheLayoff.com Censored, Then It Censored the Evidence of the Censorship)
They basically cover up how they censored the news about Microsoft layoffs
Richard Stallman to Give at Least Three Talks in Switzerland, Starting This Week
No mention (yet) of the Bern talk
On Who 'Speaks for' Techrights
typically a case of misrepresenting the site
'FSFE' an Imposter in Europe, Paid by GAFAM to Represent GAFAM Interests
The Microsoft-sponsored 'FSFE', which violates the terms of use of its name, is causing confusion [...] formally-recognised institutions got tricked into thinking that the Microsoft-sponsored 'FSFE' is the FSF
Lots of Lies From the Slop Industry
The slop industry relies on fake news to give a notion or fake demand
Links 01/03/2026: American Plutocrats Buy American Media While American Constitution Shredded
Links for the day
Gemini Links 01/03/2026: "In the Spirit of OFFLFIRSOCH" and "Delete Patreon"
Links for the day
ACM Lowers Its Standards for Age of Autocracy
IBM is more than happy to work with autocracies
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 28, 2026
IRC logs for Saturday, February 28, 2026
Internet Relay Chat (IRC) Turns 37.5
Can IRC reach age 75?
Gemini Links 28/02/2026: Loadbars 0.13.0, IME (Input Method Editor), and ColorColumn in Vim
Links for the day
Two EPO Strikes in March (Maybe More)
As per the SUEPO diary [...] We still have an ongoing series about the EPO, with several more series to start later
Why We Are Concerned About the SRA's Failure and What That Means to the Profession of Lawyers in the UK
Unregulated industries will lose their credibility as there is a threat of growing perception that they operate outside the law rather than practice law
Over 10,000 Pages/Articles Per Year?
Probably my most productive month, ever
Keeping Techrights Online 99.99% of the Time
Some time later this year we'll tell a very long story about how extremists attacked our webhosts
Richard Stallman, Founder of the Free Software Movement, Will be Giving Public Talk in Bern (Switzerland) in Less Than 12 Days
We are still doing a series about him and his talks
Slopfarms' Demise Looks Like the Beginning of the End (Lowered Demand for Slop)
Slop about "Linux" has gotten hard to find this past week
Dr. Andy Farnell: Time to Pull the Plug?
insightful, as usual
Links 28/02/2026: "Tehran’s Two-Tiered Internet", "Internet Under Fire"
Links for the day
When an Entire News Site is About One Topic (and One Topic Only)
Tomorrow we start a new series for the new month
Links 28/02/2026: Bill Epsteingate Admits Sex With Young Girls, "Epstein Files Are the Horror That Keeps on Giving"
Links for the day
IBM: Where Companies Come to Perish
thelayoff.com is censoring stories
Tech Layoffs Are Not Because of Slop, They're an Effect of a Rotting Economy and Tech Giants Being Too Deep in Debt
Block is rapidly sinking in debt
The Slopfarms' Business Case (or Business Model) Never Existed and Nowadays, in 2026, They've Mostly Collapsed
Hopefully by year's end many slop suppliers will be offline and slopfarms that rely on them throw in the towel
March in London Today Against Slop's Harms to Society (and the Environment), Starting at 12:00 GMT at the Microsoft OpenAI Office
Today there is a protest in London (UK)
Microsoft Mass Layoffs Have Officially Resumed, Microsoft's Waggener Edstrom/Frank Shaw Lied
"The former employees say this was a mass layoff"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 27, 2026
IRC logs for Friday, February 27, 2026
Links 27/02/2026: Block Cuts 40% of Its Workforce While Blaming Ponzi Scheme, Netflix Backs Out of Bid for Warner Bros.
Links for the day
IBM CEO and CFO Make It Hotter in the Kitchen
Who's gonna leave the kitchen while they cook the books?
Gemini Links 27/02/2026: Unlearning Literacy (Slop) and Firefox as Slop-ware
Links for the day
It Looks Like Linux Chief Linus Torvalds Made a Good Call Regarding Kent 'Slop' Overstreet
Having never met or even chatted to Overstreet, I'm not in a position to judge him
Links 27/02/2026: Slop Incompatible With Nuclear Codes, Chinese Slop "Chatbots Censor Themselves"
Links for the day
Please Report the European Patent Office (EPO) to Europol for Cocaine Abuse and Tampering With Witnesses and Media to Hide This Cocaine Abuse
there are already police reports connected to the matter
Like a Mafia: Kris De Neef and Nellie Simon, Who Help Campinos Cover Up Cocainegate at the EPO (Substance Abuse at the Highest Office), Are Bullying EPO Whistleblowers
They're all in this together [...] At this point, undoubtedly, the EPO is run like an organised crime operation. Nothing more, nothing less.
pulltheplug.uk Says the Internet Harms Us, Will March in London Tomorrow
Maybe the site is down due to high access demand
EPO Management Trying to Hide Cocainegate, Silence/Discredit Whistleblowers, and Probably in a Panic Due to the Strikes
At the moment, Johannes' mates are receiving over 100,000 euros as a reward for doing illegal drugs
Jim Zemlin's 'Linux' Foundation is the Real Link Between Linux and Pedophilia
It's about the deeds, not the words
The GNU Manifesto Turns 41 in March (Next Week)
And RMS turns 73 next month
The Sister Site is Still Improving the Static Site Generator (SSG) We Use in Techrights
We have a common mission and every week we make measurable advancements
Techrights is 100% Disconnected From Cheeto's America, the Problem is Hired Guns in London Helping Violent Americans Attack Us Domestically
Not a new problem, not limited to us
Greenland Needs to Disconnect From United States Tech to Protect Its Independence
The more Greenland protects itself from Social Control Media, the more robust or resilient it'll be to regime change
Open Source Endowment (OSE) Looking to Raise Money for Free Software, But It's Hard to Know who Runs the Open Source Endowment Foundation
Their Web site does not (easily) show who the Board of Directors includes
Apple Doesn't Want Anybody to Ask What Happened to Vision Pro
They lost a lot of money
Solicitors Regulation Authority (SRA) on Slop and Breach of Confidentiality
They should absolutely not ignore this
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026