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

IBM Falls Below $200, Expect $199 or Less Today (Panic Threshold)
Will this be enough to topple the managers?
Links 23/07/2026: RIP John C. Dvorak, Organisation Weaponised Against J.K. Rowling
Links for the day
IBM's Press Release About Results Mentions "AI" 10 Times, "Quantum" 4 Times
Blah blah blah AI"
 
Links 23/07/2026: Science, Censorship, and Territorial Overreach by China
Links for the day
The State of Google Security: Blocking competition
GMail is the best!
What Happens When Windows Becomes as 'Niche' as GNU/Linux on Desktops and Laptops
Android enjoys a near-monopoly and GNU/Linux isn't far behind Windows.
IBM Cash "Down $6.3 Billion From Year-end 2025." Total Debt/Equity 188.97%. (Debt Can Exceed the Company's Real Value)
the CEO alone can make well over $0.7 billion in 5 years of salaries and bonuses
Wave of PIPs Allegedly Coming to Microsoft, Managers Trained to Terminate Employees Without Paying Severance (and Without Calling it Layoffs)
They count and cut the losses
This Looks Like the End of XBox, the Console
Sharma has become the "fall man" of Microsoft
European Patent Office (EPO) Series: A Consummate Master of the "Rigged Game"
"single-candidate shortlist"
Attempts to Change Focus and Change the Subject as IBM Shares Dwindle. Buying Revenue to Mask the Rapid Decline One More Time.
IBM used to be good at engineering, not financial engineering
Down 848% Year-on-year, Negative Cash Flow, Growing Debt (Richest Man on the Planet or Shrewd Scammer?)
The latest for Tesla is more of the same
Gemini Links 23/07/2026: SharePoint Rants and “Junk DNA” in Commented-Out Code
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 22, 2026
IRC logs for Wednesday, July 22, 2026
Freexian & Debian: antitrust, unfair competition against joint authors and volunteers
Reprinted with permission from Daniel Pocock
IBM in the Red After Bad Results (Shares Down in After Hours)
Will the CEO step down, retire, of what else?
Gemini Links 22/07/2026: Fault Lines, the Dark Web and Beyond, and Why Substack is Awful
Links for the day
Insult and Injury: Getting Banned, Not Just Sacked, by Microsoft
A former insider spoke about this in public 5 hours ago
Links 22/07/2026: "Dumb Phones" Not Enough to Tackle Harmful Addition, "MPEG-4 Visual's Road to Being [Software] Patent-Free"
Links for the day
Top secret: Cults inquiry submission concealed from public
Reprinted with permission from Daniel Pocock
An Hour Ahead of Alleged 'Results' (Amid Investigation Into Fraud) IBM Falls Back to New Lows
Only cents away from a 52-week low
IBM Headed for Lowest "Value" in 2 Years
In a nutshell, Krishna "can't keep it up" and IBM is now investigated for fraud
Investigation Progressing
There is nothing "funny" about receiving mortal threats for merely reporting information in a civilised country
Things We Could Do More Than Half a Century Ago But Can No Longer Accomplish
Newer is not always better
Anupa Ann Joseph & Debian defamation gang
Reprinted with permission from Daniel Pocock
State of the Invidious Project
Never forget how hostile Google can be towards freedom
Prioritising the Safety of Women is the Best Approach to Foster Diversity in Technical Communities
Debian was never "normative", but that does not mean Debian should have such low standards
IBM Will Report 'Results' Tonight (CET), It's Already Investigated for Securities Fraud
"Five of the biggest US tech giants are carrying $1.65 trillion in debt that does not show up on their balance sheets"
Hardware Has Gotten a Lot Worse, Not Just Far More Expensive
prices go up fast
Amid Claims of Microsoft Bing Layoffs It Seems Like Bing Cannot Even Hold on to Second Place
Yandex is sometimes bigger than Bing
Wikileaks Does Not Publish New Material Anymore, But Wikileaks Still Changes the World
Wikileaks has a legacy that will soon turn 20
Links 22/07/2026: Postal IRCs, PlayStation Kills Discs, Union Action Against Microsoft, "Judge Considers Tossing Databricks Patent Suit Under California anti-SLAPP Law"
Links for the day
Same 'Journalists' Who Published Fake News for IBM (Pump and Dump) Now Write Puff Pieces About the Stock Falling
the media is so compromised
They Called It "Social" and "Media", But It Turned Out to be Slop and Child Porn
Why do any sane people still use social control media?
Age of consent: DebConf26 registered sex offender in Argentina?
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: In the Pole Position Despite a Dismal Track Record
António Campinos is an old hand when it comes to such high-level institutional intrigue
Site a Bit Slower Due to Visitors' Load
We'll try to work out better speeds
Gemini Links 22/07/2026: Emacs, Astrology Clock, Arduino, and Rogallo v1.0.0
Links for the day
After Involvement by the Free Software Foundation (FSF) LibreTech and Quibble Gain More Participants
RMS expressed gratitude for people who worked on Quibble and improved LibreJS after many years of inactivity
The Lessons From the Assange Saga
This will not end well
Linux Foundation an Enemy of the Planet, Proponent of Pollution and Global Heating
"could the "polluters pay" model be extended to the computing environment and used to take on Microsoft and Microsofters?"
Apple Will Increase Surveillance of Customers, Record Verbal Communications Under the Guise of "Hey Hi"
Apple now drinks that same Kool-Aid
Dave Winer, Blogging Pioneer, Sells Out, Spews Out LLM Slop to Readers
Another one bites the dust [...] Now it's a slopfarm of sorts
Not Everything Can be Automated
not a new thing
GNU/Linux OS in ComorOS
Now, as in recent years or the last year, the GNU/Linux "signal" is growing significantly
Microsoft Redefines "Layoffs" to Give Smaller Tallies
It's not just calling them "buyouts" or saying people are merely "leaving" or "retiring"
IBM is Not Done Destroying Red Hat, Wait Till October 1st 2026 (More Layoffs and Bluewashing)
It's not bluewashing 'til it's 100% done
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 21, 2026
IRC logs for Tuesday, July 21, 2026
"LF Sex", Nothing to Do With Linux
a lot of explaining to do this week
Gemini Links 21/07/2026: Nostalgia, Shogi, and New Gemlog System
Links for the day
Guyana: GNU/Linux Rises to New High, 7%
Guyana is part of the trend
Oman: GNU/Linux Up to 7%
It was 5% last year
The Solution is Never 'Free Hosting' in Proprietary GitHub (Microsoft), the Solution is Self-Hosting
Third parties never care about your projects as much as you (yourself) care about them
Only a Matter of Time Before IBM Drops to $199 or a Lot Lower Than That
How long can IBM overload empty shells?
From GAFAM's Perspective, Jeremy Bicha Did Nothing Wrong
All is OK as long as he does not criticise monopolists and billionaires
Bluesky Was Such an Utter Failure That After 18 Months Mozilla Goes Hug a Nazi Platform That Produces Child Porn
What compels Mozilla to come back there? The child pornography scandal? The adorable leader?
GNU/Linux at Grenada Measured at 14% This Month
GNU/Linux was stuck at 0% for a long time
In WordPress, Newer is Not Better (Maybe Better Off With No WordPress at All)
To Hell with bloat and feature churn
As Slop Bubble Implodes (Inevitable), the Dishonest, Corrupt, Compromised Media Tries to Blame "China" Again (Like it Did With "DeepSeek" in Past Years)
Here we go again. We've been there before. Same spin, this time not "DeepSeek" though.
Lots of Microsoft Just Loses Money, Not Earning Money
Due to profitability challenges it's hard to believe Microsoft will ever find a buyer for XBox
Red Hat (IBM) Has Long 'Reassigned' (Bluewashed) Red Hat Staff to Ruin Fedora, Now It Does the Same to GNOME
What next from IBM's Krishna?
Links 21/07/2026: Google Stagnating, Slop 'Apps' Are "Flooding Apple’s App Store"
Links for the day
Gemini Links 21/07/2026: OPNSense Upgrade Problems, Zilog Z80 at 50, and Lessons From Terminator
Links for the day
IBM Lawsuits Over Alleged Fraud Are Piling Up
We'll keep an eye on the lawsuits
Arianna Taite on Odds of Australian (Daniel Pocock) Winning Clacton By-Election
His detractors somehow try to twist or frame him (Pocock) as an impediment to women while the exact opposite is true
This Coming Weekend Marks 4 Years Since We Dumped Content Management Systems (CMSs) in Favour of Static Site Generators (SSGs)
the first page dated July 25
Slop's Latest Casualty: The Credibility of Linus Torvalds
If you care about millionaires and billionaires, follow Torvalds (he is already in that "club")
Techrights Will Become More Productive (More Output) Over Time
Big stories about to land
Touch Grass
Happiness involves what humans have evolved to appreciate, not what humans create to sedate the mind (like skinnerboxes)
The Cyber Show on Technology Having Become a Tool of Mass Psychosis, Not Enablement or Emancipation
Technology as mass psychosis
The Rumour Said That a Second Wave of Microsoft Layoffs Would Come This Week (Ahead of Fake 'Results'), Maybe Tomorrow
Let's wait and see how "MSM" unfold
To Wikipedia, "Notability" is Just an Excuse to Hail People Who Serve Billionaires While Marginalising or Defaming the Rest
Wikipedia is an advertising space
Our Series About Solicitors Regulation Authority (SRA) and SLAPPs Will Resume Soon
Originally, in 2025, we gave ourselves 6 years (until 2031) to cover these issues, but we've seen since extended that to 10 years (until 2036) because of the amount of material we have
European Patent Office (EPO) Series: The EPO Transparency Gap
Despite the "European" tag in the organisation's name, the European Union has no jurisdiction over the European Patent Organisation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 20, 2026
IRC logs for Monday, July 20, 2026
Links 20/07/2026: Lashes for Songs in Iran, Kurdish Language at Risk
Links for the day
Gemini Links 21/07/2026: The Boss Baby (2017) and 2026 Old Computer Challenge Epilogue
Links for the day