Bonum Certa Men Certa

The Collapse of Poor-Quality European Patents Continues in European Courts

As SUEPO warned all along (for nearly half a decade)

EPO’s IT - Yet another crack in Battistelli’s “excellence” bubble



Summary: In the face of growing mounds of evidence it is getting difficult to deny that European Patents are losing their lustre and causing frivolous (costly to the innocent) litigation

THE U.S. Patent and Trademark Office (USPTO) isn't the only patent office grappling with quality issues. Yesterday afternoon (at 4PM to be precise) the European Patent Office (EPO) abolished eDossier [1, 2] after it had wasted about a quarter billion euros, producing bad European Patents in the process (these might cost Europeans several billions). It might take some time to get a full picture of the degree of damage, but there are already data points, symptoms, signs and 'case studies' (or court cases).

"It might take some time to get a full picture of the degree of damage, but there are already data points, symptoms, signs and 'case studies' (or court cases)."This post deals with two days' worth of reports. We'll try to keep this as concise as possible and include as many links as possible.

Today's EPO is managed by patent maximalists with very scarce knowledge or understanding of patents. Some of the people in charge are probably less qualified than examiners, yet they're expected to manage them? Or earn respect they hardly even deserve? António Campinos, the young 'genius' who keeps promoting software patents in Europe using meaningless buzzwords, is somewhat of a banker by profession. He has no patents and no background/education in sciences. It's like another Battistelli, who even EPLAW did not like, having expressed concerns about the EPO several years ago [1, 2]. When we wrote about EPLAW in December we made it very clear that EPLAW is overzealous about patents, so it's pretty noteworthy that they too deemed Battistelli incompetent and harmful (to their goal). The same is true for Team UPC. Maybe they just viewed Battistelli as an absolutely terrible flag-bearer.

"It just shows who's in charge of the EPO; it's neither science nor technology but law firms."Yesterday afternoon Intellectual Property Watch said that "[t]he European Patent Office has published a report detailing differences in the laws and procedures of European countries for the granting of compulsory licences."

The EPO tweeted about it a few times last week. But was it really an EPO report? No. As Intellectual Property Watch put it: "The report was prepared by the European Patent Academy and the European Patent Lawyers Association (EPLAW), and aims “to provide a comprehensive overview of the different compulsory licensing regimes in all 38 EPC [European Patent Convention] contracting states.”"

"A patent system which was created (at its very inception) for inventors is now almost entirely dominated by lawyers and attorneys."So now the patent maximalists are writing EPO reports; EPO events have American patent trolls in their panels, so such things are no longer jaw-dropping. It just shows who's in charge of the EPO; it's neither science nor technology but law firms. When Campinos traveled to the US last month those were the people and groups whom he visited. How revealing. A patent system which was created (at its very inception) for inventors is now almost entirely dominated by lawyers and attorneys.

Despite all its efforts, the EPO failed to make UPC a reality. Where's Margot Fröhlinger? Is she still even working at the EPO? Her name is rarely mentioned anymore. This tweet from yesterday -- the second of its kind this past week -- shows the EPO more or less accepting that the UPC is dead, leaving national European courts to assess patent infringement claims and the underlying patents. Good.

Another day passes and yet another bogus European Patent bites the dust after courts actually assess it. The firm that managed to accomplish this invalidation ("Disclaimer: the author’s firm acted for Accord.") published this yesterday in Kluwer Patent Blog:



In nullity proceedings initiated by Accord Healthcare (“Accord”) the District Court of The Hague has held Shire-NPS Pharmaceuticals’ (“NPS”) patent EP 1 203 761, the basic patent for an SPC covering cinacalcet, invalid for lack of inventive step and declared the SPC null. In short, the court considered that the (selection of) cinacalcet provided no technical contribution to the prior art, while the skilled person would have selected cinacalcet with a try-and-see approach.

[...]

Accord argued that the skilled person would adopt a neutral try-and-see attitude, because routine testing suffices to determine which of the compounds within the general formula possesses a higher activity than the most active compound from the prior art. Moreover, the prior art explicitly invites the skilled person to do such further testing.

The court follows this line of argumentation. As the prior art encourages the skilled person to do research to find other suitable calcimimetic molecules, the skilled person would not be discouraged by the size and extent of the research (contrary to the above referred to Sandoz/AstraZeneca case where such a pointer was lacking). Also the fact that the general formula disclosed in the prior art comprises a large number of molecules would not discourage the skilled person in his attempt to find other compounds. Therefore, the skilled person would have made the selection and the patent is also under the second question not inventive.


On the same day came this press release from Regen Lab SA [1, 2]; "The European Patent Office (EPO) Disapproves British Court and New U.S. Patent Granted for Regen Lab on Autologous Biological Glue," said the title, which was circulated quite widely (we found several instances). Can the Office just ignore the courts? To quote:

In Europe, the Regen Lab group ("Regen") defends one of its patents (EP2073862B, method of PRP preparation) in opposition proceedings before the European Patent Office (EPO), where alleged patent infringers have contested its validity.

Whilst a UK Court has made a finding of invalidity based on prior disclosure and recognized that "it would have been infringed" (Judge Hacon), the EPO issued a second Preliminary Opinion on February 8, 2019 which came to the opposite view on prior disclosure and in relation to costs of the proceedings.

Regen believes it will be able to overturn all the findings of the UK Court on appeal and that the validity of its European patent for the method of PRP preparation will be vindicated by the EPO at the hearing in April.


But all in all the courts determined invalidity; imagine what a EPO-connected UPC would do. As we'll show in a moment, the Boards of Appeal are a cautionary tale.

As SUEPO warned, nowadays a lot of European Patents turn out to be 'fake'. Here's another example from yesterday. Although partly about SPCs (the Team UPC's biggest obsession), here's what Rose Hughes wrote: "The case concerned the Genentech's EP (UK) patent relating to an anti-IL-17A/F antibody (EP1641822). The patent includes claims directed to the antibody and claims directed to the medical use of the antibody, in both Swiss-style and EPC 2000 "second medical use" form."

Justice Arnold deemed the SPC application invalid. What would the EPO itself have said?

Yesterday Thorsten Bausch explained that the Boards of Appeal judges still lack independence. "I have always queried why the Boards had to move out of the Isar building at all," he concluded, "and never believed the official excuse that this might help to increase the appearance of the Boards’ independence. Anyway, the hearing rooms are still there, but do not seem to be used much. Will the Boards return one day? Stay tuned!"

Thorsten cited the EPC -- a document long forgotten and abandoned by EPO management when he wrote:

In the Board’s view, a referral of the question of the right venue of the oral proceedings (Referral Question 3) to the Enlarged Board of Appeal appears necessary according to Article 112 (1)a) EPC, since the question is of fundamental importance for a large number of appeal proceedings, answering it serves to ensure a uniform application of the law, and the Board considers that a decision on this matter is necessary.

The deciding Board placed much reliance on earlier decisions T 1012/03 and T 689/05, according to which the right to be heard in oral proceedings includes, as a subset of the right to be heard, not only the right to be heard at all, but also the right to be able to present the arguments in the right venue. The right venue is not automatically the seat of the European Patent Organisation referred to in Article 6 (1) EPC, but regularly the venue referred to in Article 6(2) EPC, at which the department responsible for the proceedings within the meaning of Article 15 EPC of the European Patent Convention is located, provided that the venue of the department must be compatible with the European Patent Convention. (T 1012/03, reasons no. 41 et seq.; T 689/05, Reasons no. 5.3).

In the referrings Board’s view, the decision on the question will essentially depend on whether the President of the European Patent Office or the Administrative Council of the European Patent Organization, who empowered the President to rent the new office building and thus approved the relocation of the Boards of Appeal in the municipality of Haar, either had the power to relocate departments of the Office within the meaning of Article 15 EPC also outside the locations mentioned in the EPC (Art 6(2)) including the Centralisation Protocol (Section I(3)a)), or whether Article 6(2) of the EPC is to be interpreted as meaning that “Munich” is not the city of that name, but rather the greater Munich area. The referring Board clearly favours a strict Interpretation of “Munich”.


The way things stand, the EPO cannot offer true justice, it is incapable of delivering high-quality patent grants (Bausch covered the example of Teff less than a week ago), and staff is demoralised. It's run by incompetent and corrupt officials. As one new comment on that Teff post said (by Jasmine Torres): "I agree with you that no claim granted by the EPO was ever “clear” to a level of 100%. My understanding is that the EPO is hot on clarity at the moment is because it is a metric that is being used to measure patent quality. I do not believe there was ever a significant issue with clarity post-grant prior to this crusade. My worry is that the EPO as an organization is aiming for claims having 100% clarity and perfect ‘form’."

The patent system is not a collection of prose; it should be about substance and novelty. That requires deep knowledge and experience in particular areas of science; being a polyglot is hardly enough.

Although it is less relates to the EPO specifically, mind this new article by Noel Courage and Donald Bocchinfuso (Bereskin & Parr LLP). This firm tries to sell the ludicrous concept of 'crowdsourcing' for patents (it never worked, people and firms have tried it). In its own words:

The CS&E Project started in July 2018, and will run for three years. Detailed information is online, for example, at the WIPO, USPTO and EPO web sites. The first two years are operational, and the third year is to analyse the CS&E’s impact. Unlike previous pilot projects, applicants choose whether they want to apply for the CS&E. Applying is simple — applicants submit a participation request together with their PCT application to one of the IP5 offices (USPTO, EPO, JPO, KIPO, or CNIPA) or the International Bureau. For now, only applications in English are eligible to participate, but applications in other languages will be accepted down the road.

[...]

The EPO has described the response by patent applicants as “overwhelmingly positive” and it reached its quota for the first cohort in Fall 2018. The EPO took on 10 additional French and German patent applications in January 2019, and will take English applications again starting July 1, 2019.


That's almost half a year from now. The reason such 'crowdsourcing' never worked is that volunteers lack the time and will to participate. It means that deep-pocketed large corporations dominate the process and game the system in their favour. It's no secret that the EPO has long tilted the system in favour of these corporations; every single day the EPO uses the word/term "SMEs" to distract from this ruinous (to its reputation) reality. SMEs can rarely afford (or find incentive for) a day in court, so bogus patents harm SMEs the most.

Recent Techrights' Posts

IBM's Press Release About Results Mentions "AI" 10 Times, "Quantum" 4 Times
Blah blah blah AI"
Things We Could Do More Than Half a Century Ago But Can No Longer Accomplish
Newer is not always better
Linux Foundation an Enemy of the Planet, Proponent of Pollution and Global Heating
"could the "polluters pay" model be extended to the computing environment and used to take on Microsoft and Microsofters?"
Not Everything Can be Automated
not a new thing
IBM is Not Done Destroying Red Hat, Wait Till October 1st 2026 (More Layoffs and Bluewashing)
It's not bluewashing 'til it's 100% done
 
IBM in the Red After Bad Results (Shares Down in After Hours)
Will the CEO step down, retire, of what else?
Gemini Links 22/07/2026: Fault Lines, the Dark Web and Beyond, and Why Substack is Awful
Links for the day
Insult and Injury: Getting Banned, Not Just Sacked, by Microsoft
A former insider spoke about this in public 5 hours ago
Links 22/07/2026: "Dumb Phones" Not Enough to Tackle Harmful Addition, "MPEG-4 Visual's Road to Being [Software] Patent-Free"
Links for the day
Top secret: Cults inquiry submission concealed from public
Reprinted with permission from Daniel Pocock
An Hour Ahead of Alleged 'Results' (Amid Investigation Into Fraud) IBM Falls Back to New Lows
Only cents away from a 52-week low
IBM Headed for Lowest "Value" in 2 Years
In a nutshell, Krishna "can't keep it up" and IBM is now investigated for fraud
Investigation Progressing
There is nothing "funny" about receiving mortal threats for merely reporting information in a civilised country
Anupa Ann Joseph & Debian defamation gang
Reprinted with permission from Daniel Pocock
State of the Invidious Project
Never forget how hostile Google can be towards freedom
Prioritising the Safety of Women is the Best Approach to Foster Diversity in Technical Communities
Debian was never "normative", but that does not mean Debian should have such low standards
IBM Will Report 'Results' Tonight (CET), It's Already Investigated for Securities Fraud
"Five of the biggest US tech giants are carrying $1.65 trillion in debt that does not show up on their balance sheets"
Hardware Has Gotten a Lot Worse, Not Just Far More Expensive
prices go up fast
Amid Claims of Microsoft Bing Layoffs It Seems Like Bing Cannot Even Hold on to Second Place
Yandex is sometimes bigger than Bing
Wikileaks Does Not Publish New Material Anymore, But Wikileaks Still Changes the World
Wikileaks has a legacy that will soon turn 20
Links 22/07/2026: Postal IRCs, PlayStation Kills Discs, Union Action Against Microsoft, "Judge Considers Tossing Databricks Patent Suit Under California anti-SLAPP Law"
Links for the day
Same 'Journalists' Who Published Fake News for IBM (Pump and Dump) Now Write Puff Pieces About the Stock Falling
the media is so compromised
They Called It "Social" and "Media", But It Turned Out to be Slop and Child Porn
Why do any sane people still use social control media?
Age of consent: DebConf26 registered sex offender in Argentina?
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: In the Pole Position Despite a Dismal Track Record
António Campinos is an old hand when it comes to such high-level institutional intrigue
Site a Bit Slower Due to Visitors' Load
We'll try to work out better speeds
Gemini Links 22/07/2026: Emacs, Astrology Clock, Arduino, and Rogallo v1.0.0
Links for the day
After Involvement by the Free Software Foundation (FSF) LibreTech and Quibble Gain More Participants
RMS expressed gratitude for people who worked on Quibble and improved LibreJS after many years of inactivity
The Lessons From the Assange Saga
This will not end well
Apple Will Increase Surveillance of Customers, Record Verbal Communications Under the Guise of "Hey Hi"
Apple now drinks that same Kool-Aid
Dave Winer, Blogging Pioneer, Sells Out, Spews Out LLM Slop to Readers
Another one bites the dust [...] Now it's a slopfarm of sorts
GNU/Linux OS in ComorOS
Now, as in recent years or the last year, the GNU/Linux "signal" is growing significantly
Microsoft Redefines "Layoffs" to Give Smaller Tallies
It's not just calling them "buyouts" or saying people are merely "leaving" or "retiring"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 21, 2026
IRC logs for Tuesday, July 21, 2026
"LF Sex", Nothing to Do With Linux
a lot of explaining to do this week
Gemini Links 21/07/2026: Nostalgia, Shogi, and New Gemlog System
Links for the day
Guyana: GNU/Linux Rises to New High, 7%
Guyana is part of the trend
Oman: GNU/Linux Up to 7%
It was 5% last year
The Solution is Never 'Free Hosting' in Proprietary GitHub (Microsoft), the Solution is Self-Hosting
Third parties never care about your projects as much as you (yourself) care about them
Only a Matter of Time Before IBM Drops to $199 or a Lot Lower Than That
How long can IBM overload empty shells?
From GAFAM's Perspective, Jeremy Bicha Did Nothing Wrong
All is OK as long as he does not criticise monopolists and billionaires
Bluesky Was Such an Utter Failure That After 18 Months Mozilla Goes Hug a Nazi Platform That Produces Child Porn
What compels Mozilla to come back there? The child pornography scandal? The adorable leader?
GNU/Linux at Grenada Measured at 14% This Month
GNU/Linux was stuck at 0% for a long time
In WordPress, Newer is Not Better (Maybe Better Off With No WordPress at All)
To Hell with bloat and feature churn
As Slop Bubble Implodes (Inevitable), the Dishonest, Corrupt, Compromised Media Tries to Blame "China" Again (Like it Did With "DeepSeek" in Past Years)
Here we go again. We've been there before. Same spin, this time not "DeepSeek" though.
Lots of Microsoft Just Loses Money, Not Earning Money
Due to profitability challenges it's hard to believe Microsoft will ever find a buyer for XBox
Red Hat (IBM) Has Long 'Reassigned' (Bluewashed) Red Hat Staff to Ruin Fedora, Now It Does the Same to GNOME
What next from IBM's Krishna?
Links 21/07/2026: Google Stagnating, Slop 'Apps' Are "Flooding Apple’s App Store"
Links for the day
Gemini Links 21/07/2026: OPNSense Upgrade Problems, Zilog Z80 at 50, and Lessons From Terminator
Links for the day
IBM Lawsuits Over Alleged Fraud Are Piling Up
We'll keep an eye on the lawsuits
Arianna Taite on Odds of Australian (Daniel Pocock) Winning Clacton By-Election
His detractors somehow try to twist or frame him (Pocock) as an impediment to women while the exact opposite is true
This Coming Weekend Marks 4 Years Since We Dumped Content Management Systems (CMSs) in Favour of Static Site Generators (SSGs)
the first page dated July 25
Slop's Latest Casualty: The Credibility of Linus Torvalds
If you care about millionaires and billionaires, follow Torvalds (he is already in that "club")
Techrights Will Become More Productive (More Output) Over Time
Big stories about to land
Touch Grass
Happiness involves what humans have evolved to appreciate, not what humans create to sedate the mind (like skinnerboxes)
The Cyber Show on Technology Having Become a Tool of Mass Psychosis, Not Enablement or Emancipation
Technology as mass psychosis
The Rumour Said That a Second Wave of Microsoft Layoffs Would Come This Week (Ahead of Fake 'Results'), Maybe Tomorrow
Let's wait and see how "MSM" unfold
To Wikipedia, "Notability" is Just an Excuse to Hail People Who Serve Billionaires While Marginalising or Defaming the Rest
Wikipedia is an advertising space
Our Series About Solicitors Regulation Authority (SRA) and SLAPPs Will Resume Soon
Originally, in 2025, we gave ourselves 6 years (until 2031) to cover these issues, but we've seen since extended that to 10 years (until 2036) because of the amount of material we have
European Patent Office (EPO) Series: The EPO Transparency Gap
Despite the "European" tag in the organisation's name, the European Union has no jurisdiction over the European Patent Organisation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 20, 2026
IRC logs for Monday, July 20, 2026
Links 20/07/2026: Lashes for Songs in Iran, Kurdish Language at Risk
Links for the day
Gemini Links 21/07/2026: The Boss Baby (2017) and 2026 Old Computer Challenge Epilogue
Links for the day
Canonical Staff Acting Like They Aim to Receive Job Offers From Microsoft
There are moreover allegations that Debian will do the same, in the same way Mono boosters infected both distros in tandem or in turn.
Worsening Staff Affairs at Microsoft
Microsoft is managing to piss off many of its own workers
Czech Mate for GNU/Linux on the Way
Czechoslovakia is having none of that "peace for our time" with Microsoft
Nobody Will be Left Who Trusts IBM Anymore
The common theme is, the management must be completely replaced as soon as possible and truth needs to come out
Wall Street is a Bubble and No Company is Worth 5 Trillion Dollars
It's not hard to see which stocks will crash the hardest (or fastest)
The Corrupt Have Historically Tried to Paint Their Exposers as the Real Problem
As usual, there are efforts to shoot or muzzle the messenger
Search Engine Market Share in Italy: Microsoft Falls to Third in Many Countries Including Italy
Expect more layoffs in Bing
Links 20/07/2026: Spotify Drowning in Slop, Expiry of Software Patents in MPEG-4
Links for the day
Gemini Links 20/07/2026: Another Step Towards Owning Personal Data and Gemtext2 Envisioned
Links for the day
European Patent Office (EPO) Series: Public Missions and Private Ambitions
Despite the French government's strong formal pushback, the lobbying momentum generated by Campinos and Negrão proved unstoppable
"DOOM" and "Bloodbath": the State of Microsoft and XBox
Way to piss off fans
Karen Melchior Fought the Good Fight
stay tuned for Part 29
Links 20/07/2026: Notes on E-mail Encryption, Torvalds and His Employer Paid a Lot to Promote Slop (Pyramid Scheme)
Links for the day
What a Difference Six Years Make...
We are also beta-testing a new feature for the site; we plan to announce it some time soon
When It Comes to Slop, Richard Stallman is Opposite of Linus Torvalds
When it comes to computing, Dr. Stallman has long been a voice of reason
Daniel Pocock is in Mainstream Media This Week
Pocock's haters will absolutely hate this
In His Departure Post, Poul-Henning Kamp (phk) Explains Why Linus Torvalds is Full of "Hot Air" and Slop Bubbles
Having lived through previous bubbles as a UNIX geek, phk cannot be ignored
Whistleblowers Keep Flowing
Later today a police investigator should phone us regarding death threats we've received
We Need Less Gadgets, More Humanity
If people are being honest with themselves, many of the gadgets they claim they "cannot live without" are just excesses and distractions they could definitely leave behind
Technology and Gadgets Got Obese, Just Like Their Users
They now sell us so-called 'phones' for slop
Daniel Pocock in The Guardian This Morning
There is an opportunity here to spread a message, even if Pocock won't win a seat
"Samsung Recently Projected a 19-fold Surge in Second-Quarter Operating Profit", Now There Are Mass Layoffs
In a 9-month period Samsung's debt rose by about 80%
Gemini Links 20/07/2026: Dungeon Meshi/Undertale Crossover, "The Hitchhiker’s Guide to the Dark Web and Beyond"
Links for the day
IBM's Control of the Media "Just Showed What Taking Accountability Does Not Look Like"
It is no secret that IBM pays the media
Microsoft Loses XBox Lawsuit, But There Are More
The collapse of studios continues
GNU/Linux Approaching International Average in Djibouti
One can envisage further gains for GNU/Linux, seeing Microsoft is in such a bad shape
Daniel Pocock "[t]he Australian Taking on Nigel Farage — from Down Under"
This can help raise awareness of some issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 19, 2026
IRC logs for Sunday, July 19, 2026