Bonum Certa Men Certa

The Myth of Quality of European Patents

Mythical man



Summary: Mythology associated with superior quality of European Patents is an antiquated notion (it used to be true a long time ago) and this, along with other factors (such as disrespect for judges), is why the Unified Patent Court (UPC) is almost certainly doomed for good

YESTERDAY and the day before that we wrote about the new European Patent Office (EPO) survey [1, 2], which claims to represent the views of staff but merely insults the staff (or the staff's intelligence). The EPO has not mentioned it publicly, at least not yet; instead, yesterday it was tweeting and retweeting 'results' [1, 2], with new puff pieces like this one emerging. Not a word is said about patent quality, only quantity. António Campinos, who advocates software patents in Europe, already wrote to staff (internally) about patent quality, relying on vague pseudoscience and likely the same kind of distortion he used to tell staff that people are now happy(ier). Mike Gilbert and Jonathan Stafford, two patent maximalists from Marks & Clerk (the British litigation 'industry'), have meanwhile commented somewhat belatedly on the highest British court finding European Patents to be invalid -- yet again! To quote their spin of it:



In a long awaited decision, the UK Supreme Court (Lord Hodge giving the speech on behalf of a unanimous panel) has dismissed ICOS's appeal against the Court of Appeal's decision holding that its patent for a low dosage regimen for tadalafil for the treatment of erectile dysfunction was invalid for obviousness. Ultimately, the Supreme Court concluded that, under the specific circumstances of this case, a skilled team would have arrived at the claimed low dosage regimen without using inventive skill, as a result of conducting routine clinical experimentation. This is therefore an important decision for innovators seeking to obtain patent protection for new medical dosage regimen.

[...]

The Supreme Court accepted that the Court of Appeal had been correct to overturn the first instance decision. In essence, both the Court of Appeal and the Supreme Court held that the first instance judge had erred in principle by not appreciating the logical consequences of his finding as to whether the skilled team would continue tests on low doses of tadalafil and thus arrive at the claimed dose. In so doing, the Supreme Court adopted the step by step nuanced approach on the facts of the case, correctly leaving factual determinations made by the first instance judge untouched. In those circumstances, the Supreme Court held that the Court of Appeal was entitled to have overturned the first instance ruling.


The firm that authored the above is a booster of software patents (even in Europe), a proponent of patents on life, and a key player in UPC advocacy. Yesterday we showed how Marks & Clerk had even infiltrated Scottish media, where it is nowadays disguised as "journalism" while doing shameless self-marketing.

“The Supreme Court accepted that the Court of Appeal had been correct to overturn the first instance decision.”
      --Marks & Clerk
Speaking of the UPC, do not expect 'unitary' patents to come. European Patents are bad enough and making them 'unitary' would only exacerbate things (e.g. bypassing British courts like the above). UPC booster Thomas Adam (we assume a Brit living in Munich for litigation profits), desperate for some UPC spin (seeing that Team UPC has been entirely silent so far this month), has just attempted to twist something totally unrelated as pertaining to UPC: "Reviewing its competencies under the GDPR, a German administrative court (Verwaltungsgericht) considers itself non-compliant w the definition of independent and impartial courts of Art. 47(2) of the EU Charter of Fundamental Rights refers issue to CJEU. https://openjur.de/u/2169849.html [...] Question b) of referral (abbrev.): "Is the referring court an independent & impartial court within the meanig of Art. 267 TFEU in conjunction with Art. 47(2) of the EU Charter of Fundamental Rights?" Impact on pending DE constitutional cases on independence of EPO BoA and UPC?!"

No. Not even close. Not connected. He recently (end of last month) spread some other insane/inane lies in an effort to influence the decision. These people know that the patents have little or no merit, so they want kangaroo (patent) courts.

Recent Techrights' Posts

Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
 
SLAPP Censorship - Part 180 Out of 200: A Third Act, (Mis)Using Your Client's Application to the Court for Your Own Purposes as a Law Firm (Reputation Management and Censorship)
How much can a lawfare firm get away with?
Canonical Has Withdrawn Ubuntu 24.04.5 Installer Due to a Critical Bug Connected to Microsoft-Controlled Restricted Boot and TPM
already breaking systems running GNU/Linux [...] Who asked for TPM in Linux?
SLAPP Censorship - Part 179 Out of 200: Using One's Clients to Save Face at Their Expense
Who's being served really?
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026