Bonum Certa Men Certa

The Myth of Quality of European Patents

Mythical man



Summary: Mythology associated with superior quality of European Patents is an antiquated notion (it used to be true a long time ago) and this, along with other factors (such as disrespect for judges), is why the Unified Patent Court (UPC) is almost certainly doomed for good

YESTERDAY and the day before that we wrote about the new European Patent Office (EPO) survey [1, 2], which claims to represent the views of staff but merely insults the staff (or the staff's intelligence). The EPO has not mentioned it publicly, at least not yet; instead, yesterday it was tweeting and retweeting 'results' [1, 2], with new puff pieces like this one emerging. Not a word is said about patent quality, only quantity. António Campinos, who advocates software patents in Europe, already wrote to staff (internally) about patent quality, relying on vague pseudoscience and likely the same kind of distortion he used to tell staff that people are now happy(ier). Mike Gilbert and Jonathan Stafford, two patent maximalists from Marks & Clerk (the British litigation 'industry'), have meanwhile commented somewhat belatedly on the highest British court finding European Patents to be invalid -- yet again! To quote their spin of it:



In a long awaited decision, the UK Supreme Court (Lord Hodge giving the speech on behalf of a unanimous panel) has dismissed ICOS's appeal against the Court of Appeal's decision holding that its patent for a low dosage regimen for tadalafil for the treatment of erectile dysfunction was invalid for obviousness. Ultimately, the Supreme Court concluded that, under the specific circumstances of this case, a skilled team would have arrived at the claimed low dosage regimen without using inventive skill, as a result of conducting routine clinical experimentation. This is therefore an important decision for innovators seeking to obtain patent protection for new medical dosage regimen.

[...]

The Supreme Court accepted that the Court of Appeal had been correct to overturn the first instance decision. In essence, both the Court of Appeal and the Supreme Court held that the first instance judge had erred in principle by not appreciating the logical consequences of his finding as to whether the skilled team would continue tests on low doses of tadalafil and thus arrive at the claimed dose. In so doing, the Supreme Court adopted the step by step nuanced approach on the facts of the case, correctly leaving factual determinations made by the first instance judge untouched. In those circumstances, the Supreme Court held that the Court of Appeal was entitled to have overturned the first instance ruling.


The firm that authored the above is a booster of software patents (even in Europe), a proponent of patents on life, and a key player in UPC advocacy. Yesterday we showed how Marks & Clerk had even infiltrated Scottish media, where it is nowadays disguised as "journalism" while doing shameless self-marketing.

“The Supreme Court accepted that the Court of Appeal had been correct to overturn the first instance decision.”
      --Marks & Clerk
Speaking of the UPC, do not expect 'unitary' patents to come. European Patents are bad enough and making them 'unitary' would only exacerbate things (e.g. bypassing British courts like the above). UPC booster Thomas Adam (we assume a Brit living in Munich for litigation profits), desperate for some UPC spin (seeing that Team UPC has been entirely silent so far this month), has just attempted to twist something totally unrelated as pertaining to UPC: "Reviewing its competencies under the GDPR, a German administrative court (Verwaltungsgericht) considers itself non-compliant w the definition of independent and impartial courts of Art. 47(2) of the EU Charter of Fundamental Rights refers issue to CJEU. https://openjur.de/u/2169849.html [...] Question b) of referral (abbrev.): "Is the referring court an independent & impartial court within the meanig of Art. 267 TFEU in conjunction with Art. 47(2) of the EU Charter of Fundamental Rights?" Impact on pending DE constitutional cases on independence of EPO BoA and UPC?!"

No. Not even close. Not connected. He recently (end of last month) spread some other insane/inane lies in an effort to influence the decision. These people know that the patents have little or no merit, so they want kangaroo (patent) courts.

Recent Techrights' Posts

WordPress Becoming What We Feared It Would Become
WordPress and other such bloatware (WordPress used to be fast and light) are moving in the same trajectory that GAFAM leads
Call for European Patent Office (EPO) Whistleblowers
The European Patent Organisation (EPO) might not reform the Office
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Sirius Open Source's Latest Report: Fake (False) Number of Staff, Almost No Money in the Bank, Overdraft, and Growing Debt (About £100,000 More Borrowed)
massive (and still growing) debt
European Patent Office (EPO) Series: Photo-Ops Galore and Suspicions of Influence-Peddling
coverage of the EPO's Croatian junket
 
Sabine Hossenfelder Versus IBM Scamming Shareholders
IBM has become a garage of BS
Some XBox Layoffs Underway, At Least Five Studios to be Shut Down
Insiders are in a state of panic
Gemini Links 30/06/2026: Music Theory, Addiction, Clown Computing
Links for the day
Links 30/06/2026: France Recorded 1,000 Excess Deaths During Heat Wave, Slop Replaced by Human Staff
Links for the day
People Given the Totally Wrong Idea That "Secure Boot" is About Security (It's the Opposite, It's About Handing Control Over to NSA/Microsoft)
"Secure Boot" with capital "B" is conflating compromise with security.
Today The Register MS is Publishing Fake Articles About "AI", 100% of All "Content"
Maybe the media is dying because it is selling its soul [...] The Register MS has no standard
America Has Cost Europe Too Much
Countries ought to be controlling all their own systems
GAFAM Debt Will Surge, in July We'll Know by How Much
Do not fall for slop or sloppy narratives
Too Many "Marketers on the Payroll" at IBM, Selling Impossible Products That Cannot be Delivered or Will Never Deliver
IBM is rotting away
Media Says Microsoft's (XBox) Layoffs May be Record-Breaking
think somewhere in the range of ~5000 for gaming/XBox alone
Links 30/06/2026: What's Wrong With EU Age Verification, RSA Keys with Many Zeros
Links for the day
This is Not a Security, This is a Circus
Security does not mean "asked Microsoft for permission"
Communities Need Strong Leadership, Not Dictators Like IBM
Leadership in Free software is not ownership [...] Fedora will only last as long as IBM can somehow make some money out of it or leverage it to attract sharecropping
Patents Are Not "Cash Cows"
People who deliberately don't understand patents (or believe lies about them) will fail to understand how the world works (or does not work)
Sad Lives of People Who Think Women Are Just Sexual Toys (All They Have is Money)
money is still a man-made concept and life is finite
SLAPP Censorship - Part 123 Out of 200: Why Violence Against Animals Matters
Starting tomorrow (Wednesday) we'll begin telling stories about what happened last week
EPO Staff Union's (SUEPO) The Hague Committee, With Help of Lawyer, Challenges Lack of Rewards for Hard Work
The EPO is not about granting valid patents anymore. The horse-trading corrupt officials just see the EPO as some thing that "prints money"
Massive EPO Demonstration Today
It'll start in about 6 hours
More Layoffs in Microsoft's PR Department, Even Ahead of 'D-Day'
Notice they are not even waiting for the official date (nor week)
Gemini Links 30/06/2026: Music and Broken Hearts
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 29, 2026
IRC logs for Monday, June 29, 2026
Gemini Links 29/06/2026: Using More of GPLv3+ and Merits of Security by TOFU
Links for the day
Links 29/06/2026: Lemote Yeeloong Laptop With OpenBSD, Slop Ruins Code/Development
Links for the day
Antisocial People With No Computer Science Background Are Ruining the Technology Space (Like Officials With No Experience in Patents Destroyed the EPO)
This is a real issue; it needs to be widely recognised and tackled
DDoS Attacks Are a Crime and They Only Increase Interest (Intrigue) in Their Target
Information cannot be DDoSed out of reach/existence, except temporarily
Pushing to the Top
Publishing is about exposing corruption
Whistleblowing and Retaliation by Microsoft Workers Against Microsoft Seems Increasingly Likely
some will go to the press, looking to expose some shenanigans
How Long Can a Company Delay Its Financial Report That Likely Confirms Exodus of Staff, Growing Debt, and Other Problems?
Brett Wilson LLP was meant to release its annual report some time early this month
SLAPP Censorship - Part 122 Out of 200: Garrett's Solicitors Confirm That Garrett is Ban-Evading and Spying on Our IRC Network
his solicitors basically acknowledge this
European Patent Office (EPO) Series: Networking With the National Delegates
António Campinos with a prime opportunity to network with the Administrative Council delegates and lobby for his reappointment
PIPs and "Retirements": IBM Layoffs in Anything But Name
That former Red Hat (now IBM) staff threatens to put my wife and I in prison is worse than cruel
Contact Members of the EPO Administrative Council, Tell Them the EPO (Office) Became a Disgrace and an Enemy of Europe's Citizens
If you live in Europe (not just the EU, even Turkey is included), please contact your delegates
The World Needs GNU/Linux for Security, Turn Off "Secure Boot" (It's the Opposite of Security)
They call it "Secure Boot", but what does it mean to say "Secure" when you actively opt for back doors controlled by Microsoft, the FBI, and many more parties?
In Signal of Weakness or Phasing Out XBox (Not Sustainable, According to the CEO) Microsoft "Pauses New Third-Party Game Pass Deals"
Moments ago
Two Pieces About "AI" This Morning Were Paid-For SPAM at The Register MS
The Register MS is the "Tech News" publisher you can pay to promote your company and even key-word-stuff pages for SEO purposes
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day