Bonum Certa Men Certa

British Patent Courts Continue to Expose the Collapse in Quality of European Patents

Judges who are not controlled by the Office in Munich see things differently

Patent Courts



Summary: The UK Patent Court and the UK High Court are just some of the courts which continue to reject bogus European Patents (courts in other countries do so as well, but press coverage about it isn't in English)

THE previous post noted that the EPO's President, António Campinos, may have already run out of time and out of favour. He won't be trusted anymore.



Putting social aspects aside, Campinos has made it abundantly clear that he doesn't care about patent quality (same problem at the USPTO) and he just wants to maximise revenue while pretending there's financial urgency (or imperative) to do so.

"Putting social aspects aside, Campinos has made it abundantly clear that he doesn't care about patent quality..."The patent extremists couldn't be happier. We'd rather not link to Watchtroll's "Mission Impossible? How US Drafters Can Minimize Support/Clarity Issues Under Article 84 EPC" and "Legal Entitlement To Priority – A European Perspective" (those are just their latest headlines, preceding articles that bash "European Patent Office opposition proceedings and in invalidity actions"). Remember that patent quality does not matter to those who just profit from a lot of litigation; fruitless litigation is a net loss to the plaintiff and defendant, but not to the law firm (so-called 'representatives').

Earlier this month we learned that the EPO had granted a patent on blood (plasma, or "blood separation patent") until the highest British court 'told' it off (indirectly); why does this keep happening? This British court has recently done the same in other cases [1, 2, 3, 4] and as IPPro Magazine put it a few days ago:

The European Patent Office (EPO) has revoked a Regenlab patent related to platelet-rich plasma after finding it lacked both novelty and added matter. Estar Medical filed an opposition to the European patent (2,073,862 B1) in 2017. It was revoked in April following an EPO hearing.

Estar was also successful in obtaining a revocation order from the UK High Court in January for the same Regenlab patent due to it lacking novelty and an inventive step.

An application to amend the UK patent from Regenlab was refused by the UK Patent Courts, which ruled that the amended patent would still be invalid.

The UK Patent Court also denied Regenlab permission to appeal that judgement and was forced to pay “extensive legal expenses” to Estar.

[...]

He commented: "It has been our position from the start that the Regenlab blood separation patent was false and should have never been granted and we are happy that the EPO shares the same view. Estar Medical has remained confident in its position since the opposition was filed in 2017.”


So now we have patents on life, water (dependent on quality of water), air (dependent on quality of air), nature, and mathematics. Great!

Sarah McFarlane (Powell Gillbert) has just published this piece which speaks of the British system compared to the EPC. To quote: "The key statute is the Patents Act 1977 (as amended), which sets out (among other things) the requirements for obtaining a patent, the resulting rights provided and the remedies for patent infringement in the United Kingdom. The Patents Act 1977 gives effect to the European Patent Convention 1973 (EPC) (as amended) in the United Kingdom."

"So now we have patents on life, water (dependent on quality of water), air (dependent on quality of air), nature, and mathematics."But the EPO no longer honours the EPC. We've covered so many examples of that. Earlier this week Mondaq carried this piece about software patents in Europe -- patents that basically ought not exist at all!

Andrew Sunderland (Haseltine Lake LLP) wrote about the EPO having another chance to end such patents -- something which we doubt can happen when the judges lack independence/autonomy. Quoting Sunderland:

Following the recent referral to the EPO's Enlarged Board of Appeal, the EPO has issued a notice indicating that all pending proceedings before the examination and opposition divisions at the EPO, which depend entirely on the decision of the EBA, will be stayed until the decision is issued. Therefore, applicants and opponents should expect a long wait on some cases related to simulation technology.

[...]

If proceedings are stayed, the relevant division at the EPO will inform the relevant party. At the same time, any communications setting a time limit for a response will be withdrawn until the Enlarged Board has given its decision, after which the division will issue a communication concerning the resumption of proceedings.


This should be a trivial case to decide on; it has been made crystal clear by courts, by Parliament and even by the EPC that patents "as such" ought not be granted. Just because the EPO spent many years granting them doesn't make it OK. Longterm deviation from the law does not render it an "acceptable" norm.

Recent Techrights' Posts

Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Fragmentation of Data
Life is too short to "hoard" data
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
 
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025
Gemini Links 19/07/2025: Git For Authors and Filtered Antenna
Links for the day
UEFI 'Secure' Boot Abuses by Microsoft to be Brought Up in the UK High Court in 3 Months
we'll seek compensation
Next Year It'll Be Half a Decade Since the Fall of Freenode (and IRC is Still Doing OK)
Our IRC network is still accessible using the exact same software that ran in Windows 3.x
Lupa Will Soon Know of 3,100+ Active Gemini Capsules
And some people in the "Small Web" try to tell us that Gemini is dying?
The Slopfarms Are Taking Real News Articles and Replacing Them With Lies Generated by Machines
Bluntly speaking, Fagioli is nothing short of an online scammer
Links 19/07/2025: Techtarget to Cull 10% of Staff, New Threats to Free Press in the US (Home of Dangerous and Violent Stranglers From Microsoft)
Links for the day
Gemini Links 19/07/2025: "Climate Justice” and Forking Programs
Links for the day
What Wayland and Microsoft/IBM systemd Have in Common
focus on what IBM (Red Hat) is pushing while running over critics.
Linux Already Has About 60% of the "Market"
"When mentioning the client side," opines an associate, "it is essential to recite the list of other markets where Microsoft is negligible or a no-show. It is repetitive to do so, but it needs saying -- often."
In Norway, Android/Linux Has Just Hit All-Time High (First Time Since 2020), GNU/Linux Already Very Prevalent
Despite its small population size, Norway gave us Qt and many other things
Finland (and NATO) Must Move to GNU/Linux and Dump Microsoft Even Faster
"Microsoft is not a technology problem, it is a staffing problem."
Microsoft's Mass Layoffs Very Wide-Ranging, Media Focused on Gaming Though Microsoft Mass-Firing Lawyers and "AI" Staff (Contradicting Its Supposed "Investment" in "AI")
Microsoft plans to fire almost half a thousand people in legal roles
2012 Article About the Free Software Foundation Blasting Canonical/Ubuntu Over Adoption of "Secure" Boot (Microsoft's Remote Control Over GNU/Linux Since PCs' Power-on)
By Katherine Noyes (article has since then became 404, not found)
The Microsofters We Sued Helped Microsoft Make GNU/Linux 'Expire' This Year
"Linux and Secure Boot certificate expiration"
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025