Bonum Certa Men Certa

The UK Supreme Court's Latest Decision is Ammunition for the FCC to Scuttle the Unified Patent Court Agreement (UPCA)

Team UPC is, understandably, going bonkers (feeling unlucky in the face of justice)

A black cat



Summary: The quality of European Patents is appalling enough that no courts would entrust EPO people with something like the Unified Patent Court (UPC); The UK Supreme Court has proven this point yet again and we suppose that the German Constitutional Court (FCC) pays close attention not only to dirty tactics from Team UPC (trying to trick the court into premature decisions, based on fabrications)

THE European Patent Office (EPO) suffered a blow some days ago because its impotent patent on impotence treatment was smashed to pieces at one of Europe's most respected courts, the UK Supreme Court.

"They're both spoiled brats of UPC, who on behalf of large (and international/foreign) pharmaceutical giants try to pass the UPC (ratify UPCA)."Marks & Clerk's Mike Gilbert and Jonathan Stafford wrote about it before the weekend, as did the liars and crooks from Bristows LLP. They're both spoiled brats of UPC, who on behalf of large (and international/foreign) pharmaceutical giants try to pass the UPC (ratify UPCA). We'll say more about that in a moment.

Here is what patent maximalists at Managing IP [sic] wrote about it:

The UK’s highest court yesterday affirmed that a patent licensed from former biotech company Icos to Eli Lilly for the erectile dysfunction (ED) drug Cialis (tadalafil) is invalid.


A couple of new comments have also just appeared at IP Kat [1, 2], another site of patent maximalists. It's about the highest British court finding that EPO granted this bogus patent. "Here is how there is a "reasonable expectation of success"," said the first of those two comments. "When you follow the reasoning, the court decided that when carrying out trials of the drug the skilled person would have investigated the effect of 25mg, 50mg, and 100mg doses. Doing this they would have inevitably found the dosage plateau. They don't need to have expected to find the plateau or have a reasonable expectation they would find it, it was an inevitability that they would find it just by carrying out the routine trials of the drug. Having found the dosage plateau that extends over the 25mg to 100mg range there is then a reasonable expectation that the lower end of the dosage plateau might extend down to 5mg."

Notice that the so-called 'innovation' is to do with dosages. The comment continued: "There is no hindsight in this assessment just a reasonable assessment of how the trials of this, or any other, new drug would have been carried out at the priority date of the patent. Essentially, the dosing patent is just the Applicant applying to protect the inevitable outcome of the clinical trials of the drug because it is different from what was envisaged in the original patent. There is no inventive step.

Why was it even considered patent-eligible? Imagine if something like UPC was tasked or assigned to rule on this...

The second comment said: "I perfectly understand this line of reasoning, but I still can hardly adhere to it. The criterion of "reasonable expectation of success" says what it says: was it expectable for the skilled person to find the identified effect at the time of filing ?"

Why is this even considered an invention? It's more like a recipe? Are cooking recipes next in line? We gave examples to that effect a few days ago.

“Importing the research process into that reasoning is no longer inventive step, because otherwise only new research processes could remain patentable, any finding based on known research processes would simply be obvious to try, whatever the efforts.”
      --Anonymous
"Research," the comment continued, "even being made in clinical trials, remains research, i.e. exploration of the yet unidentified (and unsuggested for inventive step). If the prior art would have suggested that this drug would be active at low doses, I would then have agreed that a motivation would exist to specifically look for the lower dosages. However, even though this exploration was made in standardized clinical trials, this remained research and exploration. Moreover, the inventors have no choice but to carry out this research in clinical trials because it is performed on humans. If the product would not have been a drug, hence would not have required clinical trials, the same dose-effect experiments would have been performed to find out what doses are the most efficient. And, if I follow properly the court's reasoning (and yours), it could then have been considered inventive because there would have been no clue how the inventors had come to this finding in theri research process. For all types of inventions, the more so for inventions in the life science field in which the "resonable expectation of success" principle has been developped, my view is always the same, inventive step does not have to be assessed based on the process how to come to a certain finding, i.e. the invention, but only on the facts available, in particular what the prior art is teaching and what level of skill does the skilled person have. Importing the research process into that reasoning is no longer inventive step, because otherwise only new research processes could remain patentable, any finding based on known research processes would simply be obvious to try, whatever the efforts."

This is similar to the 'Teffgate', where some arbitrary numbers were used to attribute "innovative" aspects to what's in nature (and has been in nature since before humans even existed).

It was very much expected that Team UPC firms (like the above) would condemn or spin or just moan about this decision. Team UPC is a very dishonest bunch which only cares about litigation, not science. Wait and watch their next stunts. They lie a lot.

As an example of their lies, consider this UPC 'book' spin. It's amazing and it's only days old. The FFII's President has already responded to it with: "The complaint is secret, on which basis they gonna discuss?" (the complaint)

"It was very much expected that Team UPC firms (like the above) would condemn or spin or just moan about this decision. Team UPC is a very dishonest bunch which only cares about litigation, not science."Basically, the longtime UPC booster (going by the Twitter handle "UPCtracker") wrote: "Oxford University press and CH Beck have published the legal commentary on the UPC (Tilmann/Plassmann ed.), an event which the German constitutional complainant saw as a bad omen or indicator his UPC complaint could be denied shortly. Case still pending, however."

So we're supposed to think, yet again, that there's a decision coming soon (dismissal). How many times before have they lied along those lines? We've lost count. The tweet (reply) from the FFII's President had us investigating the merit of the statement. It's basically a lie.

In fact, the book in question, namely its German version, has still not been published. Its publisher, C. H. Beck, currently announce it for "approximately May 2019" (see their German Web page). The book mentioned in the said tweet is the English version which is sold by a different publisher (Oxford University Press) and has been on the market since late summer of 2018 (see the same Web site but a different page). Although it has a higher price, it is commercially not as interesting as the German version which will sell in much higher numbers should the UPC become a reality. Either the said UPC advocate does not understand the difference between the two books, which we doubt, or he is acting against his better judgment, trying to spin a story suiting his own interests. Stay classy, Team UPC. Stay vigilant, FCC.

Recent Techrights' Posts

Good Thing When Home Appliances Are Ancient Antiques
dealing with the alarm has cost only time
The Bloating of the Web Contributes to Global Warming and Causes Burnout (Slowdown, Hardware Erosion, Waste)
This problem isn't limited to weather sites or subsites
Why It's Ludicrous to Call Us "Microsoft Haters"
Even if clustered together, news items still cover a broad spectrum (or spectra) of issues
The Old Ways of Computing Were Objectively Better
Not as fast, but certainly much better
 
Gemini Links 26/05/2026: A Year of Composting, Fedora Bricks Itself and Infuriates Users With Slop and Wayland (Not What Users Want, What IBM Wants), Crawlers on Geminispace a Nuisance
Links for the day
Links 26/05/2026: "Making the Digital Physical"; "The Medical System Abandons Women When They Are Most Vulnerable"
Links for the day
While US Government Greenlights (or Bluelights) Bailouts for IBM Some Foreign Governments Blacklist It
"Albany leadership doesn’t know what they are doing but are damn good at pretending they do."
IBM Bailouts and the IBM People Inside the Administration
It seems possible/plausible that it is bailout money down the drain or that this money will never arrive at all
Links 26/05/2026: Lithium Batteries Causing Fires (Even on Planes), 'Timmy' the Whale Dies
Links for the day
Pursuing Facts in an Age of Lies and 'Hallucinations' (Falsehoods Without Anyone Accountable, They Try Calling Computer-Generated Lies or Forgeries "Intelligence").
Our aim is to relay information while bypassing gossip networks like social control media and slop in "search" clothing
Computer-Generated Legal Filings Get You Reported to the Solicitors Regulation Authority (SRA)
We'll write a lot more about this in the future
EPO "Cocaine Communication Manager" - Part XII - In the Second-Largest Institution in Europe One Can Take Paid 'Sick Leave' for Doing Cocaine, Then Come Back
Cocaine addicts in the management were bullying colleagues. They're still in charge.
Sites in Their Twenties
We currently run concurrently a handful of series and have a lot more in the backlog
SLAPP Censorship - Part 88 Out of 200: Brett Wilson LLP is Defaming Trans People in America Because Garrett Pays Hired Guns to Silence Them
Garrett is scoring many own goals this year
Sloppy "Resource Action," (RA) or IBM Layoff, Leads to Another IBM Lawsuit, Alleging IBM Tries to Pass Liability to Algorithms
IBM is meanwhile resorting to slop to gaslight its remaining shareholders
The Latest IBM Layoff Rumours
What has happened to the company that invented so much of modern computing?
Holy See Recognises the Threat of GAFAM and Slop
Will the Holy See move away from GAFAM?
Social Control Media is a Giant Waste of Time (and There Are No Future Remedies for This)
Social Control Media is considered unhealthy to young people, but it is also collectively unhealthy to nations and nation-building
Codecs and Software Patents - Part X - Florian Müller Still Muddying the Waters for FOSS, Using Software Patents
Some things never change...
Gemini Links 26/05/2026: Slop Bug Reports and Crawlers Considered Evil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 25, 2026
IRC logs for Monday, May 25, 2026
Slop Causes Global Warming
in some parts of the world people die from overheat (heat strokes) as temperatures reach almost 50 degrees as early as May in the northern hemisphere
Vatican Speaks Out Against Slop, Promoting Instead "Truth, Dignity of Work, Social Justice, and Peace."
Religion (no matter which) does not oppose machines, but LLMs aren't useful machines
SLAPP Censorship - Part 87 Out of 200: Access to Justice
this part will be short
A Promise IBM/Red Hat Could Not Keep
"all about control, not so much optics."
Links 25/05/2026: Russia Lobbing Oreshnik Ballistic Missile Again, Slop Comes Under More Fire
Links for the day
Gemini Links 25/05/2026: Injury in Gym and Abusive LLMs DDoSing Software Developers While Misusing Their Code
Links for the day
A 'Bank Holiday' When National Debt Doubles in a Decade
Maybe it's time to rename "Bank Holidays"
Links 25/05/2026: Lingering Environmental Concerns and Domain Registrars Targeted for Unmasking
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 24, 2026
IRC logs for Sunday, May 24, 2026
Gemini Links 24/05/2026: Impressions of Auckland, the Age of Left or Right Extremism, and .zim files
Links for the day
Microsoft's 'Hiring Freeze' (Layoffs) and Salary Freeze (While Inflation Approaches Double-Digit Rates)
If they get replaced by anyone, it'll be low-paid folks in low-salary regions [...] workers' stress levels shoot up, compensation goes down
Slop Will Not End Humanity, The Pushers of It Do (Artificial Scarcities and Global Warming)
Causing hunger and poverty in the name of "computation"
How Can the 'Broligarchs' Love Us When They Don't Even Love Themselves?
Their SLAPPs have their limits
Death at IBM Due to Overwork
Dying for IBM is never worth it
We Publish Less, We Get More Exposure
UbuntuPit is coming to realise that quantity isn't what comes to matter or truly "count", especially when quantity comes at expense of authenticity
Codecs and Software Patents - Part IX - GNU Project Has Chosen to Adopt AV1 for Its Videos, Conversion and Additions Underway
One of our readers is working to help GNU through the maze of software patents and maze of patent lawsuits, which aren't the same thing but are somewhat overlapping issues
SLAPP Censorship - Part 86 Out of 200: The Position of Courts on Computer-Generated Lawsuits and Filings From Another Continent (Made by Two Men Who Work for Slop Companies)
Lawsuits by proxy from California
Links 24/05/2026: SoftBank CEO Getting Conned by Scam Altman, Hotter 2026 and El Nino With Growing Impact
Links for the day
Links 24/05/2026: Ebola Outbreak and "Journalists Identify Murder Victims Of Trump’s Boat Strike Program"
Links for the day
IAM Magazine is in Effect Dead, It's Now Fused Into Microsoft's Patent Troll (Which It Has Promoted All Along)
Microsoft-connected patent trolls in Europe [...] Now, in his new job, Wild can use his 'expertise' to help guide blackmail/extortion to better harm Europe's industry
A Huge Proportion of 'Articles' in The Register MS Are Actually Paid Spam of the Communist Party of China, Selling Compromised (for Wiretapping) Technology
The Register MS is having a go at becoming a marketing company or "B2B"
Top Officials Have Just Left Microsoft, Layoffs in Anything But Name
Microsoft's debt is very fast-growing
Local Staff Committee The Hague (LSCTH) Meets "Alicante Mafia" at the European Patent Office (EPO)
Report on meeting with VP1 and his team on 21 April 2026
UbuntuPit (ubuntupit.com) Has Deleted Slop Pages, Its Slopfarm Experiment Has Failed (Like Always!)
Turning one's site into a slopfarm is a death knell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 23, 2026
IRC logs for Saturday, May 23, 2026