Bonum Certa Men Certa

The Collapse of European Patents Continues

With or without courts getting involved

Graph extrapolated from the EPO
What good are patents granted in error?



Summary: The European Patent Office (EPO), confronted or challenged by courts that the EPO does not control, sees many of its newly-minted patents thrown out, reducing confidence in the whole system

EACH time an Invalid Patent (IP) gets granted there's an opportunity for a law firm to make a buck (or euro), if not from application/renewal fees (shared with the patent office) then from frivolous litigation as well. But each such IP (we intentionally twisted this acronym) also harms the image of the office and the law firm. What kind of legal advice are they giving clients/applicants? This is a crisis in the making (early signs of which are nowadays seen and are increasingly visible in the United States).



"It is inevitable, as we've warned for a number of years, that many European Patents (EPs) will become IPs."We're not against patents; we're for patent quality. We insist that patents should exist only in domains where their contribution to science/economics are undeniably provable. Yes, it's about progression and advancement of human knowledge -- something that monopolists have long opposed (as it is a form of disruption to the status quo they strive to perpetually exploit).

It is inevitable, as we've warned for a number of years, that many European Patents (EPs) will become IPs. If the largest patent-granting authority in Europe strives to just fake 'production' by granting loads of IPs, not only will support for this second-largest European institution diminish; it harms the EU's reputation/credibility as well. It thus becomes a threat to peace, too.

Sara Moran has just commented on the British Court of Appeal looking into an IP:

Therefore the Court of Appeal was entitled to interfere with the trial judge’s assessment of obviousness and to hold that the 181 patent was invalid for lack of inventive step because the skilled team, during routine testing, would have been very likely to have come upon the dosage regime which is the subject matter of the patent.


Why was this patent granted in the first place? Appealing cases to the Court of Appeal (or higher) is unbelievably expensive. Many would have given up before that or never bother with a court battle, instead settling over IPs (patents of no real legitimacy).

"Why was this patent granted in the first place?"But the above case is sadly enough becoming the norm. Earlier this year we covered similar outcomes, even at higher level (the highest possible level). Will EPOnia heed the warning? Of course not! That would be bad for 'production'...

The following new article/press release from FreshPlaza says that the "Boards of Appeal for the European Patent Office (EPO)" (since it's besieged and terrorised by Office management, by its very own admission, can it overrule Office management?) has just restored a likely bogus/fake/invalid patent in defiance of the Opposition Division's findings. To quote:

On November 13, 2019, the Boards of Appeal for the European Patent Office (EPO) reinstated Houweling’s European patent directed to its Ultra-Clima Semi-Closed Greenhouse. The Ultra-Clima European Patent was opposed by eleven greenhouse manufacturers, who combined efforts to challenge the patent. The Opposition Division of the EPO originally proposed revocation of Houweling’s European patent. Houweling disagreed with this finding and appealed the decision to the Boards of Appeal for the EPO. The Boards of Appeal reversed the proposed revocation and finally upheld Houweling’s patent. The Boards of Appeal found that Houweling’s patent meets all formal requirements of the EPO, and claims subject matter that is both novel and involves an inventive step. Houweling’s European patent covers most major countries in Europe.


What's also noteworthy here is that the patent is a monopoly that decreases (limits/bans) access to something that's needed to save humanity from catastrophe. Are such patents even desirable (irrespective of whether they're valid or not)?

We've also just seen this new report from pv magazine International about fake patents granted by the EPO in the area of solar energy:

The European Patent Office has revoked SolarEdge’s inverter multi-level topology patent and the Israeli company said it intends to challenge both decisions.

[...]

On November 19, Mannheim Regional Court ruled Huawei had not committed patent infringement in relation to one of the two claims, and a court representative has told pv magazine the second case will be heard by January 7. “The judge declared that Huawei did not infringe on the patent relating to optimizer and inverter architecture and dismissed SolarEdge’s lawsuit directly,” announced Huawei in a statement this morning.

The European Patent Office (EPO) on Thursday responded to a patent opposition case lodged by Huawei against SolarEdge in relation to inverter multi-level topology. “The EPO decided that the SolarEdge patent did not involve an inventive step and the grant of the patent is revoked,” the Chinese manufacturer said.


So much for "green tech" patents, eh? PV-Tech's report has said that "German court rules against SolarEdge in Huawei patent infringement case"

So the EPO granted fake patents (monopolies on climate change mitigation techniques) and only lawyers benefited from pointless wars that courts deem fruitless and baseless:

Inverter manufacturer SolarEdge has been dealt a double blow after patent infringement proceedings brought against rival Huawei were thrown out and a European patent held by the firm was revoked.

However, in a statement released today, SolarEdge has confirmed its intent to appeal against the decision.

Last week, Mannheim Regional Court in Germany heard two particular cases brought forward by SolarEdge against Huawei, claiming that the Chinese tech giant infringed on its patents relating to its multi-level inverter topology technology, dubbed HD Wave.

It stems from an original complaint filed with the court last summer, vigorously denied by Huawei at the time, that called for a recall of products infringing on that patent.

But following proceedings heard on 19 November 2019, one infringement claim was dismissed and another deferred.


Imagine how much financial damage (to the firms involved) was caused. No, not the law firms; they always profit from disputes.

"Notice how they're speaking only to patent and litigation firms in articles about patents (or citing EPO management). That is like speaking only to oil companies in articles about climate."Who does this EPO policy really benefit? Not SMEs, that's for sure; they're harmed the most, but the EPO won't let such 'pesky' facts get in the way. Yesterday a site called Bdaily repeated lies of the EPO, manufactured and paid for by EPO management to mislead the European public. To quote one bit (it's mostly copy-pasted stuff from lawyers' mouths): "The report acknowledges that European SMEs have been responsible for some important inventions in diverse fields such as pharmaceuticals, medical technology, clean energy, electronics and computing. Due to their lack of resources however, many SMEs opt to exploit their inventions through collaborations with partners."

Notice how they're speaking only to patent and litigation firms in articles about patents (or citing EPO management). That is like speaking only to oil companies in articles about climate. The EPO's sheer disdain for truth was mentioned here yesterday. It's a threat to sustained human existence, not just to "business" (which isn't the same thing; without humans there's no "business" and no "economy").

Recent Techrights' Posts

It's Not a GAFAM World Anymore and There Are Far More Operating Systems Than Google's, Apple's, and Microsoft's
we're not getting the full picture of what's happening
Microsoft's XBox is Going Away Like Microsoft's Skype (Slowly But Surely, Then All at Once)
XBox is dying rapidly
Codecs and Software Patents - Part IV - Things Got So Bad That Some Laptop Sales Got Banned in the EU (Over Software Patents!)
If software patents lead to such severe outcomes, shouldn't the media pay closer attention to the problem?
 
Gemini Links 08/05/2026: Dissociated Pride and Prejudice, Smallnet Protocols Roundup
Links for the day
Links 08/05/2026: Slop Profiteer NVIDIA (and Circular Financing/Accounting Fraud Leader) May Be Liable for Mass Copyright Infringement, Kyndryl (IBM) Layoffs
Links for the day
Outgoing OSI Chief Was Paid by Microsoft to Advocate for GPL Violations (Using the OSI's Name). Now, Inside OIN, He Says GPL Violations Are 'Freedom'.
It seems like only compromised people can be "allowed" to run today's OSI
SLAPP Censorship - Part 70 Out of 200: Microsoft's Graveley Injunction Request 100% the Same as Garrett's (Pure 'Copy-paste', Not Even a Word or Single Character Changed!)
Not so funny at all
Over 97% of the 'Linux' Foundation's Budget Goes Not to Linux
There is a term for this: mission creep
Cloudflare is a Giant Pile of Debt, Now There Are Mass Layoffs and Media Coverage About This is Churnalism, Sometimes by Slopfarms (False Excuses)
If Cloudflare goes under, it'll be great news
NDAs as a Price Tag on Criticism (or Honest Expressions of Opinion)
What ever happened to accountability? Suppressed by reverse bribes (via NDAs)?
Internal Microsoft Communications Confirm: "Buyout" Offer Worse Than a Year's Salary and Microsoft Offers "Retirement" to Young People Who Cannot Retire
Does that sound like a good offer or marching orders?
Site Overhauls at Cybershow and at analognowhere.com (Less is More!)
They seem to be replacing the heavy PHP backend with static HTML pages
The Corrupt Lecture the Non-Corrupt - Part XVI - EPO Had Data Breaches, Covered Them Up, Now Lectures Staff That Didn't Do It and Didn't Cover It Up
Imagine what would happen to staff if (non-anonymously) blowing the whistle on management leaking and then covering up EPO data breaches
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 07, 2026
IRC logs for Thursday, May 07, 2026
Mass Layoffs at IBM's Kyndryl, Slop Won't Save Kyndryl
Kyndryl is a "done deal". It's done. It's finished.
Kyndryl Holdings Inc Falls Almost 15% in 2 Days, What Does That Tell Us About IBM?
The "Big Blue" 'shell game' isn't working
Companies That Say They Are "Hey Hi" (AI) Leaders Don't Really Do Well, They Have Mass Layoffs Because Hype and Storytelling Won't Live Up to Shareholders' Expectations
Microsoft's investment in slop is not going well
Gemini Links 07/05/2026: Unicode and "RSS 4 Noobs (Getting Started)"
Links for the day
During IBM's Annual Event/Bash IBM's Stock Fell to (Almost) Lowest Level in a Year, Insiders Explain "IBM is on the Brink of Collapse."
Anthropic - like IBM - pays the media for puff pieces, exaggerations, and obvious vapourware
Servers Became "Cloud", VR Became "Metaverse", Now Bots Become "Agents" (of Slop)
Changing the name of things won't prevent rejection, only delay the negative reaction some more
Links 07/05/2026: "The ‘Perfect Storm’ Hanging Over Britain’s Public Debt" and "Internet Shutdowns Spread in Africa"
Links for the day
OSI Partners With Microsoft to Help Pretend Proprietary (GitHub) 'Celebrates' Open Source
And a Microsoft operative announced this as well
Links 07/05/2026: "Most Vibe-coded (Slop) Tools Are Not for You" and "Prepare for the PCB Shortage"
Links for the day
SLAPP Censorship - Part 69 Out of 200: Microsoft's Graveley Strangles, Gets Arrested, Charged, Then Asks for Apology From Those Who Reported It by Recycling Garrett's Plea for Apology
Garrett realised that his "funny" lawsuit wasn't so funny anymore
Codecs and Software Patents - Part III - AOMedia Video 1 (AV1) and Antitrust Issues
As we'll show in later parts, this already results in bans of some hardware sales in Europe
The Corrupt Lecture the Non-Corrupt - Part XV - Talking About Responsibility and Accountability While Failing to Hold Themselves Accountable
what outlet is there for justice or for the Rule of Law?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 06, 2026
IRC logs for Wednesday, May 06, 2026
Gemini Links 07/05/2026: Dissociated Jekyll And Hyde, New Antenna 2.0.0
Links for the day
Google Slop Contains Serious Errors, Google Has Just Been Sued for 1.5 Million Dollars by One Victim of It
If he wins, the floodgates will open for millions of other people
Keeping Server Costs Under Control in Age of Zombie-Majority Net
The Web has become such a sordid mess not just due to chatbots and LLM bots
People Work for Microsoft Because They Fear No Other Company Would Hire Them
Why do people still work at Microsoft?
The Register MS Does "Microsoft Says", Fails to Accept XBox is Dying and Slop is a Failure
The real news today isn't some tweets from Microsoft
IBM Seems to be Imitating the European Patent Office's "Young Professionals" (YPs) With Client Innovation Center (CIC), Which is About Mass-Hiring Inexperienced People on Very Low Salaries (Sometimes Unlivable)
So the future of IBM now is college students without experiences?
IBM Spammers With LLM Slop Discourage Discussion About IBM Problems and Layoffs
they would likely not bother had those discussions not hurt IBM's management [...] There is a similar problem this year in IRC
The Register MS is All About MS After the Site Overhaul, Now They Are a Platform of "Microsoft Says"
They rewrite history for sponsors [...] Microsoft says. Hence, it must be true!
Pop the Slop Bubble, Don't Ask When It'll Pop or Expect Others to Pop It for You
It has all along been sold on a lie and it relied a great deal on corrupted (captured) media which played along with deliberate lies because it got paid to do this [...] The slop bubble is similar to the fake-coins bubble
SLAPP Censorship - Part 68 Out of 200: Based on Their Particulars of Claims, Microsoft's Graveley and Garrett Seem Like the Same Person (Exactly Same Words Used, Sloppily Recycled)
almost identical (even a description of who they are and how they feel)
The Operating Systems statCounter Cannot Identify or Classify
Is it possible that statCounter just cannot properly decipher and classify systems brought by and controlled by eastern Asia as opposed to Europe and North America?
Gartner Group Paid The Register MS. And Now The Register MS is a "Gartner Says" Rag.
Follow the money
IBM Allegedly Used Apptio to Target and Sack (RA) Productive or 'Expensive' Employees, Are Apptio Staff Now Subjected to Layoffs?
Apptio is one of several companies that IBM buys only to sink together with the IBM boat, RMS Watson
Gemini Links 06/05/2026: "Who Knows That You Blog?" and New Official Antenna by Michael Nordmeyer
Links for the day
Links 06/05/2026: Apple Accepts That It Misled People on Slop and Begins Blocking Software/Games Made With Slop
Links for the day
Microsoft's XBox Exodus Carries on: Corporate VP of Gaming Ecosystem Organization and Corporate VP of XBox Devices and Ecosystem Both Leave Microsoft
Don't expect what's left of the media to properly report the true scale of the XBox cuts and executive-level departures
Codecs and Software Patents - Part II - AV1 and HEVC Not Really Safe
We are, in effect, looking at a sort of cartel (like the one which came out of Germany with MP3)
The Corrupt Lecture the Non-Corrupt - Part XIV - Antisemitism Inside the EPO
A sensitive topic for the European Patent Office (EPO)
Gemini Links 06/05/2026: Childhood Memories, Intense People, and Natural Web Exploration
Links for the day
Links 06/05/2026: Narges Mohammadi in Critical Condition and Copyright Infringement Rampant in Reddit
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 05, 2026
IRC logs for Tuesday, May 05, 2026