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

After US Government Funding Cuts the Centralisation of the Web (Especially Certificate Authority Let's Encrypt) is at Risk
They try to pull the plug on open protocols with decent encryption available (unless it is outsourced to third parties)
When Microsoft Folks Who Literally Strangle Women Try to Strangle Microsoft Critics
Speaking to Court staff yesterday, they too are shocked about those SLAPPs
Martinique: Windows Down to All-Time Low
we cannot expect Windows to ever recover
Press Reports Say Almost 10,000 Western IBMers Laid Off
We've been trying to verify/corroborate this somehow
Days Ago yewtu.be Found a Workaround That Made Invidious Work Again. Then Google Broke All the Instances (Again).
"Youtube changed something again, so if a video does not play, it's because of that."
 
European Patent Office (EPO) Illegally Turning to Slop Behind Closed Doors, Staff Objects to This Hidden Catastrophe
Who stands to gain from all this and at whose expense?
Gemini Links 25/03/2025: Relaxation, Literary "Movements", and Gemini Mentions
Links for the day
Links 25/03/2025: Putin Sends Children to Battle, 23andMe Drowns as People's Highly Personal DNA Data Floats
Links for the day
Anticipated in 2018: Lilie James & Location tracking, Googlists complained
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 24, 2025
IRC logs for Monday, March 24, 2025
IBM (and Red Hat) on a Fast Train to Nowhere
What is the future of Fedora when IBM keeps removing its leadership?
Gemini Links 24/03/2025: "Live Off the Land" and Life Without YouTube
Links for the day
Planet Ubuntu (or Ubuntu Planet) is LLM Slop
Reading chatbots' output is bad use of time
The European Patent Office (EPO) is Slowly Killing Its Own Staff; All It Cares About Is Money
The Office hasn't been run by a scientist for about 18 years already
Links 24/03/2025: US Detaining Innocent People, F-35 Contracts Suspended Due to Hostilities
Links for the day
Cellphones (Mobile Phones) in Classrooms
A recent study confirmed that people's intelligence has dropped in recent years/decades
Is the FSF Being 'Trolled' by Microsofters Pushing C# (Microsoft)?
Who stands to benefit from training people to use and spread Microsoft?
Matthew J. Garrett is "Former Microsoft Researcher", According to Microsoft's Serial Strangler
Their argument is something along the lines of, "what Roy published damaged my career prospects, so I want Roy to pay me...
Links 24/03/2025: Political Catchup and Environmental Concerns
Links for the day
Windows Has Now Fallen to Rather Ridiculous 3% "Market Share" in Iraq (Windows Was Measured at 100% Back in 2010)
Iraq is not a place where Windows can make a comeback
Gemini Links 24/03/2025: Working With Music and Unconscious Influence
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 23, 2025
IRC logs for Sunday, March 23, 2025
Critics of IBM's Strategy Aren't Racists, But...
the situation is saddening as it serves to obscure the severity of the problem
Mauritania: Windows Falls to All-Time Low of 6% (It Used to be Over 99%)
Windows is 0% in mobile
New USPTO Memo Makes Fighting Patent Trolls Even Harder
The U.S. Patent and Trademark Office (USPTO) just made a move that will protect bad patents at the expense of everyone else
Outline of Open Source Initiative Coverage to Come (Now That Consensus is Changing)
Policing Wikipedia and attacking critics is not a sustainable strategy
An "EU OS" Would Need European Components
There are many European (or Europe-led) distros of GNU/Linux. EU OS developers ought to look at those.
Gemini Links 23/03/2025: "Connor of the Cats" and CSS Naked Day
Links for the day
Links 22/03/2025: Science and Antoine Beaupré on "Losing the War for the Free Internet"
Links for the day
We Probably Served Close to 100 Million Gemini Requests
Many of these requests probably came from bots, but it's hard to distinguish (to block them) ... This coming summer Gemini Protocol will turn 6
Just Because Microsoft Resents Techrights Doesn't Mean SLAPPs Will Silence Techrights
To confront lies the best solution is to speak truth
Windows at New Low Levels in Madagascar (Population About 33 Million)
Madagascar does not need Microsoft
Slop Images Are Bad Optics, Including for Perl.org
Slop devalues one's genuine work
What Happened to the Open Source Initiative (OSI) Elections: Proprietary Software Companies in Control, the Scandals Cannot be Hidden Anymore
We'll talk about it later this month and next month
Slopwatch: Fake News About Security Using LLMs That Make Fake 'Articles' About "Linux" (With Slop for Images)
This cannot end well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 22, 2025
IRC logs for Saturday, March 22, 2025