Bonum Certa Men Certa

Presumption of Patent Invalidity in Europe

RIP, EPC

Skull pile

Summary: It's becoming harder to successfully enforce European Patents in courts because today's EPO is granting patents that aren't valid, or monopolies that should never have been issued in the first place

OVER THE years we've published many series and many stories about fake European Patents. In recent weeks if not months we see more such examples on an almost daily basis. Even earlier this week the EPO's stenographer said "a recent opposition hearing at the EPO should result in the revocation of EP 995. Another decision in March also points to a win for Agile Diffraction. Although parties await the EPO’s formal decision on the former, a published preliminary decision notes that the Opposition Division will revoke the patent. According to the notice, EP 995 does not meet requirements of the European Patent Convention under Article 101 (3)(a). [...] The EPO Opposition Division heard the first opposition case in March 2021, rejecting the case filed by Femtonics against EP 962. Thus, the EPO maintained the Agile Diffraction patent."



PragueThe Benoît Battistelli era saw the significant lowering of the patent bar, mostly in pursuit of fake 'production' (where quality was only measured in terms of speed, not actual quality). António Campinos, who openly lobbies for European software patents, continues to make matters even worse.

The way things are going, many European Patents are simply going to be presumed invalid.

"The EPO has an unspoken (or rarely heard of) crisis; it's the crisis of the very value of patents it grants."Some crackpot is suing a former Director of the U.S. Patent and Trademark Office (USPTO), Michelle Lee, for finally attempting to crack down on bogus patents, owing to 35 U.S.C. €§ 101 and Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs). Watchtroll and other litigation fanatics give press to the crackpot. Donald Trump removed her and put in her place a corrupt mole instead (he's back to his private firm where he now profits from trolls). We've called him "American Battistelli" over the years. He's another fraud.

The EPO has an unspoken (or rarely heard of) crisis; it's the crisis of the very value of patents it grants.

Recent Techrights' Posts

Links 01/11/2025: Microsoft Distributes Malware Again, Radio Free Asia Shut Down by Dictator
Links for the day
 
Links 01/11/2025: Microsoft Azure Goes Offline Again
Links for the day
November is Here, Anniversary Party This Coming Friday
Expect this site to return to its normal publication pace either by tomorrow or Monday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 31, 2025
IRC logs for Friday, October 31, 2025
Gemini Links 01/11/2025: Synergetic Disinformation and Software Maintenance
Links for the day
IRC Proceedings: Thursday, October 30, 2025
IRC logs for Thursday, October 30, 2025
IRC Proceedings: Wednesday, October 29, 2025
IRC logs for Wednesday, October 29, 2025
Slopwatch: Brian Fagioli, Google News, and Other LLM Slopfarms
Why does Google News keep promoting these fake articles?
Links 29/10/2025: Amazon Kept "Data Center Water Use Secret", "Abuse of Power" Against Media
Links for the day
Gemini Links 29/10/2025: "My Hardware Specs" and "Goodbye Debian…"
Links for the day
EPO Cocainegate: Feedback and Clarifications
Part III will come out soon
Links 29/10/2025: "US Military Is Destroying the Planet Beyond Imagination" and Boat Strikes Deemed Unlawful
Links for the day
Quality Comes First (Techrights Search)
It's generally working already, but we wish to polish it some more
Techrights Party Countdown
Late next week we'll be holding a party near our home