Bonum Certa Men Certa

‘Building the Evidence Base on the Performance of the UK Patent System’ Put in Perspective and Threats From Patent Maximalists

Building the Evidence Base on the Performance of the UK Patent System

Summary: Analysis (however short) of the new report from UK-IPO and lobbying by law firms from the US to expand patent scope not only in the US but also Europe

TECHRIGHTS is not a job to me. It's an expensive hobby (I run it at my own expense). I'm a software person. I'm thankful for the fact that here in the UK software patents aren't much of an issue; it's the UPC that threatens to bring them here, hence the opposition from British software companies.

IP Kat's latest "Friday Fantasies" by Hayleigh Bosher (usually a weekly roundup) spoke about the UK-IPO's report [PDF] and unlike Bristows and Managing IP (UPC boosters), the Kats don't spin it as a UPC thing. Unlike the Unitary Patent (UPC) zealots, they don't pretend there's something in it about the UPC. Here is the relevant bit:

UK patent system: Building the evidence base, a new UK IPO Report

The UK IPO has produced a report titled ‘Building the Evidence Base on the Performance of the UK Patent System.’ The research considers the UK patent system through a range of sources including stakeholder interviews, analysis of data, and existing academic literature, looking at how companies patent in the UK, who patents in the UK, and how the UK system compares to other countries.

The report suggests that overall the operation of the UK patent system is positive. The number of patents covering the UK is high; however, UK firms appear underrepresented in patent applications, with a lower proportion of domestic applicants than other countries.



Notice the comment from Barbara Cookson. "The UK IPO name and shame procedure is best for foreign parties with no real business or assets in the UK," she said. Here is her full message:

A costs order from the IPO against an English entity can most conveniently be enforced through IPEC using the district judges that man the small claims track. A statutory demand is a bit OTT unless there is reason to believe the company is insolvent and would be better struck off. If you prefer a simple life at the desk you could just do a money claim online for the debt but the court fees are higher and if the defendant does not pay you are still back with enforcement. The Money Claim Online works with a UK company that is solvent and really does not want any judgements against it and simply has not paid because its peeved by the decision. The UK IPO name and shame procedure is best for foreign parties with no real business or assets in the UK to enforce against.


In the case of software, naming and shaming isn't even necessary. Copyright does the job. Plagiarism of code is a serious abuse and in the case of Free/libre software there's the aspect of copyleft licence compliance.

Fenwick & West LLP, propagandists for software patents (see for example this or that), are doing a think tank/lobbying event with EPO in it. A few days ago this came up:

As traditional biomedical research and data science have converged, we have seen an influx of patent application filings in this newly developing space. The prepar​ation and prosecution of these cross-disciplinary patent applications have posed unique challenges and there remains a great deal of uncertainty and confusion around certain patentability challenges both in the United States and the European Union. In this highly informative program, our panel of examiners from the US Patent Office and the European Patent Office will do a deep dive into the roadblocks that precision medicine and bioinformatics patent applications can face. We will also cover the main differences between the EPO and the USPTO and address how to best navigate them in the current legal environment.​


This event is 19 days away. What they're basically pushing for is expansion of patent scope or workarounds that bypass the restrictions/boundaries. Fenwick & West is part of the patent 'industry', so all it wants is lots of patents and litigation that accompanies these. That's pretty much what the UPC too is all about.

Recent Techrights' Posts

SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
 
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026