Bonum Certa Men Certa

Many European Patents Lack Validity and Blogs/Press Won't Talk About That

Many European Patents Lack Validity. But reporting on such facts won't be good for my readers. So I look the other way while taking payments from patent maximalists.



Summary: The persistent denials from the EPO and inability of the media to cover the news (as opposed to EPO puff pieces) may mean that the avalanche of European Patents will carry on as long as the Office survives

THE USPTO can no longer grant patents on life as hastily and as easily as before. We've been including several links to news reports about it (in Daily Links). Mayo and Myriad (in 35 U.S.C. €§ 101 it's mostly the former) contributed to this after SCOTUS overturned decisions made by the Federal Circuit. Here in Europe the European Patent Office (EPO) typically ignores justice, laws, courts, and judges. How can it? It can! It's above the law! Look what Battistelli got away with; António Campinos covers it all up and continues promoting software patents in Europe, even by intervening (one might say "meddling") in legal cases of BoA regarding software patents. Isn't it astounding that here in Europe we haven't the Rule of Law? Nontechnical career-climbing alcoholics can push around judges and punish entire courts by sending them to Haar just to 'make a point'...

Where's European media? Sorry, it's dead. It's composed by law firms, as we've just noted again. It's like regulatory capture.

"Where's European media? Sorry, it's dead. It's composed by law firms, as we've just noted again."What about blogs? Sorry, they're also captured by the litigation giants, more so after threats from the EPO. Rose Hughes (AstraZeneca) still leads IP Kat's way when it comes to EPO coverage, never touching any of the ongoing scandals, occasionally promoting UPC lies, and intentionally failing to note that the EPC is being violated. IP Kat is the opposite of what it used to be. Yesterday she wrote

Notably, Dirk Visser is not a supporter of the Board's reasoning in T 1933/12, describing their justification of the co-applicant approach as "poor" (The Annotated European Patent Convention, Article 87(1)). Mr Visser further argues that the co-applicant approach of T 1933/12 is inconsistent with the EPO's reasoning that all applicants (X and Y) of the priority application (or their successor(s) in title) are named on the subsequent application claiming priority (as in the CRISPR case). The latter is based on the understanding that X and Y are a legal unity that cannot be divided, whilst the co-applicant approach permits a change of the legal unity of X+Y into X+Y+Z.

[...]

The GSK patent was revoked on grounds other than invalid priority. GSK has appealed the decision. In reply to the appeal, Eli Lilly has argued that it was incorrect for the EPO to apply the co-applicant to the patent. Lilly particularly cites T 205/14 and T 517/14 in which the Board (3.3.01) required, in a situation analogous to that in the case in EP 1965823 (GSK), evidence of a transfer of the right to priority to the additional applicant (Z) of the PCT application from the applicants (X+Y) of the priority applications. None-the-less, the position of the Opposition Board in EP 1965823 is broadly in line with a number of opposition division decisions, e.g. EP2940044, and the Guidelines for Examination.

There is another pending appeal challenging the co-applicant approach. The case relates to one of AbbVie’s Humria patents (T 1837/19). In this case, Abbott Laboratories was listed as the applicant for the PCT application for all designated states apart from the US. The applicant-inventors of the US provisional applications from which priority was claimed were listed as the applicants for the US designation. The opponent has argued in their Statement of Grounds of appeal that the EP application is just one of the bundle of applications making up the PCT application, and that the EP application is different from and therefore does not include the applicants of the US provisional.

Unlike the issue at stake in the CRISPR appeal, the case law supporting the co-applicant approach is flaky at best. However, it seems likely that we will soon receive clarity on the legality of the co-applicants approach from the Boards of Appeal. Will the Boards of Appeal follow the more lenient approach to priority represented by the co-applicant approach followed by the opposition division, or will we see a tightening up of the requirements?


Well, these Boards of Appeal lack independence (the Office breaks the law). Should not that be mentioned? Notice that many of the above companies are partners and rivals of AstraZeneca, the writer's paymasters. But the affiliation with AstraZeneca isn't entirely concealed (to be fair to her). It's not properly disclosed, so still...

"The lack of actual journalism in the area of patents is a very major crisis and even blogs have been hijacked by patent zealots. They're a multi-billion-dollar 'industry' which produces nothing at all. Except agony."The quality of European Patents continues to collapse and as we mentioned earlier in the week, many of them perish in courts. No wonder the number of European Patent applications is decreasing. The EPO granted a bunch of fake patents and only lawyers have benefited; it doesn't matter to them who wins disputes, only that the disputes go on and on (more legal bills).

PR Newswire UK (press release site) has just published this press release about a high-profile dispute over a European Patent:

On November 19, 2019, the Mannheim Regional Court heard two cases brought by SolarEdge, an Israeli provider of power optimizers and solar inverters, claiming that Huawei's PV optimizers infringed on its patents. The court concluded that Huawei did not infringe on SolarEdge's patent for one case, and deferred the hearing for the other case due to insufficient evidence. On November 21, 2019, the European Patent Office (EPO) heard a patent opposition case brought by Huawei against SolarEdge. The EPO decided to revoke SolarEdge's patent relating to the inverter multi-level topology.

A Huawei spokesperson welcomed the court's decision. As one of the world's largest holders of intellectual property rights, Huawei actively protects its own intellectual property rights and fully respects the rights of others. Huawei advocates the use of legal means to resolve disputes over intellectual property rights, and insists on taking legal action to protect its rights and interests.


Robin Whitlock of Renewable Energy Magazine has also just mentioned this fake European Patent:

The court heard the two cases on 19th November 2019, in which Israeli provider of power optimisers and solar inverters SolarEdge claimed that Huawei's PV optimisers infringed on its patents. On 21st November 2019, the European Patent Office (EPO) heard a patent opposition case brought by Huawei against SolarEdge. The EPO decided to revoke SolarEdge's patent relating to the inverter multi-level topology.

A Huawei spokesperson welcomed the decision by the court that the company did not infringe on SolarEdge’s patents along with the court's decision to defer the second case on grounds of insufficient evidence.

The Huawei spokesperson said that as one of the world's largest holders of intellectual property rights, Huawei actively protects its own intellectual property rights and fully respects the rights of others. The spokesperson added that Huawei advocates the use of legal means to resolve disputes over intellectual property rights, and insists on taking legal action to protect its rights and interests.


We derive no pleasure from such news; we feel somewhat vindicated, sure, but what we have here is a couple of companies wasting a lot of money (potential salaries for more workers) on a baseless dispute due to a fake European Patent. Who profits from all this? Lawyers. In-house or otherwise (for smaller companies it's even more expensive as they lack the staff to deal with this).

Kilburn & Strode LLP and Freddy Thiel have meanwhile published and promoted this self-serving puff piece about the firm's own lawyers who look to exploit the EPO for endless litigation. In their own words:

The quality of a patent can be directly linked to the relationship between in-house attorney and inventor (and outside counsel, if involved). It is quite possible that, without a good rapport, an attorney may find it hard to get the required attention from the inventor. They may miss much of the detail needed to produce a patent application that stands up in front of the EPO, where flexibility post filing is much more limited.

[...]

Keep asking questions, even ones that may seem obvious. Sometimes obvious questions elicit the best answers.

“I’ve never been afraid of telling an inventor that I know nothing about the tech. Simple questions often lead to finding a key ingredient to the recipe for the perfect invention capture. Sometimes popping a simple question or a remark can lead the inventor to think about the fundamental aspects of the invention, which they may otherwise have been overlooked. Inventors are generally much smarter than the EPO’s “Skilled Person” and often disregard what could end up being patentable inventions.The risk with a simple question is that it could cause the inventors to roll their eyes. You can back up a simple question by pointing out an inconsistency or gap in their discussion of the invention to show your true level of understanding and bring them back on board.”


Imagine that this is what counts as 'journalism' (and shows up in Google News as EPO and patent "news"). The lack of actual journalism in the area of patents is a very major crisis and even blogs have been hijacked by patent zealots. They're a multi-billion-dollar 'industry' which produces nothing at all. Except agony.

Recent Techrights' Posts

What Efforts to Cancel Richard Stallman Ought to Teach Us About the Media, Including Very Large British Publishers
Richard Stallman is like a modern-age Alfred Dreyfus
 
Advertisements as Articles in The Register MS
Trust in media
Social Control Media Does Not Improve Reach, It Wastes a Lot of Time
many people still think that no presence in Social Control Media necessarily means invisibility
Links 02/06/2026: New York Times Debunks "Hey Hi (AI) Layoffs" (Excuse, False Narrative), Sheinbaum Publicly Bemoans US Meddling
Links for the day
Despite Mass Layoffs and Culls Dubbed "Buyouts" Google's Debt Doubled in a Year and It's Desperate for Money (to Pay Salaries and Bills)
Google and GAFAM in general have mass layoffs because they have no clear route towards profitability
Gemini Links 02/06/2026: Arch Linux WriterDeck and Papyrix Reader
Links for the day
Bloggers Still Have Considerable Impact on This Planet
Nowadays, in academia almost anywhere in the world, there's growing expectation that lecturers will spend not much of the time doing research or even teaching
The Firing Line Against Techrights
Tomorrow we'll tell a story about campaigns to intimidate us with death threats
The Cyber Show on the Fight Against Technofascism
It's very long (all combined), but nevertheless refreshing
After Threats to Greenland Northern Europe Seems to be Moving Away From Microsoft Windows Even Faster
The facts on the ground are, more people/businesses/institutions "get the message"
Claim of 500+ IBM Red Hat Layoffs With Termination Next Month
IBM is doing great... at hiding internal affairs
Slop Did Not Rewire Democracy, It's a Giant Flop
we already see slop giants accepting they'll never make money
The Register MS Embeds in Articles "SPONSORED LINKS" That Link to "AI" Ponzi Scheme/Scam
The circular financing giants are allocating budget for the spam, as do the banks (lenders)
Many Countries Divest From Microsoft
new numbers at statCounter today
European Patent Office (EPO) Series: A Tale of Two Antónios - On the Campaign Trail in Brussels
Part 1
SEO is an Acronym That Stands for Slop Engine Orientation
The Web changed a lot when Web directories, portals, and then social control media gained popularity
IRC Network OFTC is Shedding Off Servers
Down to 17
Julian Assange's Counsel Jennifer Robinson Has Just Won an Award
Jennifer Robinson is relatively young
Schweizerische Bundesbahnen (Swiss Federal Railways) and Richard Stallman
It seems like RMS is receiving endorsement or at least belated recognition from very high-profile institutions
Almost 30 Years After Rob Malda Made Slashdot It Still Inspires New Implementations
Maybe the issue isn't Slash per se, just the complexity of it (which SoylentNews complained about in the past)
Links 02/06/2026: "The Infosec Phrasebook", 'Perfect Randomness' and "Leaving the Tech World Professionally"
Links for the day
Faking Demand for Slop: Google's Search Prompt Becomes Slop Prompt (Bait, Switch, Fake Usage)
If there is no consent, then it's unsustainable
When You Give People (or Companies) Money to Buy Your Own Products and Then Call It "Revenue"
A lot of modern "economics" don't benefit ordinary people (all they get is high inflation rates); they're devaluing money by faking economic activity
IBM is Self-Detonating, the Cheeto-Infused Rally is Another Con by Don
pump and dump
"Quantum" as the "Next Big" Bubble
disappointing and delivering nothing
Links 02/06/2026: "$1.5 Trillion Defense Budget Benefits Billionaire Cheeto Mussolini Supporters", US "Plans to Criminalize Sleeping Outside"
Links for the day
Gemini Links 02/06/2026: Organising Oneself and Killing Off Distracting "Notifications"
Links for the day
SLAPP Censorship - Part 95 Out of 200: The Growing Risk of Tolerating Men Who Abuse and Physically Assault Women
FOSS should not be a "safe harbour" or "hideout" for criminals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 01, 2026
IRC logs for Monday, June 01, 2026
Rust is a Disaster for Both GNU and Linux, But 'Linux' Foundation (GKH) Keeps Promoting It Despite the Problems
And non-GPL licences
IBM's CEO and his "pump and dump scheme" ("Arvind's lies about quantum")
Don't be misled by Wall Street
Gemini Links 01/06/2026: Xylophone Essay, Ham Radio, and Slop Contaminating USENET/Newsgroups
Links for the day
How to Tackle Corruption Effectively and Gradually
In my personal, humble experience
European Patent Office (EPO) Series: A Tale of Two Antónios
"Campaign for the Re-Appointment of the President"
Links 01/06/2026: Patent Applicant Disclosures Drop After the January 2025 IDS Surcharge, "China Exports Surveillance"
Links for the day
Links 01/06/2026: Irreversible GAFAM Bans and "The Pirate Bay Remains Resilient"
Links for the day
Running and Writing Sites for People, Not Bots (Including Search Engines)
Had those sites spent more time focusing on RSS feeds (not social control media "games") and less on SEO (trying to game search engines), they wouldn't be sobbing now
SBB, the Swiss Railroads, Want to Hear Richard Stallman
Can Dr. Stallman persuade key decision makers to adopt not only "Linux" but also Software Freedom (not the same thing), as he did in South American before? Or like he did in Kerala?
Resumes and Vanity Pages
Wikipedia is fast becoming a glorified marketing company
Trusting Microsoft is Foolish
Mr. Rossmann says they "gaslight customers" in their Web site, but it goes a lot further than this
Techrights in a Nutshell, in Very Generic Terms
"for dummies"
SLAPP Censorship - Part 94 Out of 200: SLAPP by Garrett's Litigation Buddy Started 20 Months Ago, He Has Not Even Put in His Defence Yet!
This is what happens when one deals with incels and misogynists who promote slop and Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 31, 2026
IRC logs for Sunday, May 31, 2026
Gemini Links 01/06/2026: Buckingham Palace Garden Party, TUI Annoyances, Lateral Thinking with Withered Technology
Links for the day
Links 31/05/2026: Heat Wave Grips France and Edgar Morin Dies
Links for the day
Gemini Links 31/05/2026: Backup vs. Mirror, Year of the Death of a Euphemism, Slop Makes Only Yet Another (Untested) Calculator
Links for the day
IBM Red Hat Has a Long History or Track Record of Misusing Trademarks to Send Lawyers to Try to Take Down Pages and Web Sites of Critics
Red Hat claims to own words; IBM thinks it owns names
Richard Stallman is Coming Back to Bern to Give a Talk Next Month
another big talk coming up
Gravitating Towards What Your Role in Society May Be (or What You're Truly Good At)
Many IBMers already realise that they spent years if not decades of their lives working on mostly meaningless products/projects
900 Days Later
900 days is a very long time (almost 1,000)
Cybershow Requires Free Software to Record Shows
Cybershow is run by people who understand that without Software Freedom there can be no sovereignty
Losses at Microsoft's GitHub Seem to be Deepening
How many billions of dollars has Microsoft lost by betting on the false prediction that it can somehow "monetise" public code by LLMs?
Links 31/05/2026: Slop 'Code' (Junk) "Increasingly Leads to Production Failures" and "Huge Slop Costs With No Clear Benefits"
Links for the day
European Patent Office Strikes Intensify Tomorrow, Huge Strikes Planned for June, 10,000 Strike Participations Registered
Campinos may well be ousted soon
SLAPP Censorship - Part 93 Out of 200: A Blueprint of Reckless Lawfare in the UK, Waged and Funded by Americans (in Another Continent)
Lawfare powered by slop companies (including Microsoft) from America, targetting British people who consistently oppose slop because it's objectively terrible
Links 31/05/2026: Watershed Moment, Traveller RPG Book Binding, and GUI Annoyances
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 30, 2026
IRC logs for Saturday, May 30, 2026