Bonum Certa Men Certa

Quality of Patents is Going Down the Drain and Courts Have Certainly Noticed

Judges don't participate in this toxic agenda

Down



Summary: Uncertainty or lack of confidence in the patent system has reached appalling levels because heads of patent offices are just striving to grant as many patents as possible, irrespective of the underlying law

TECHRIGHTS was never against patents. It was for patent quality -- something that slipped at the European Patent Office (EPO) over the past decade or so (we wrote about software patents in Europe as early as the Brimelow days) and at the U.S. Patent and Trademark Office (USPTO) as well. 35 U.S.C. €§ 101/Alice has meant that many granted US patents got thrown out by courts and sometimes by PTAB.



"It's about legal firms, not about advancing science and technology."Director Iancu in the US and António Campinos in Europe are both patent maximalists. They devalue patents by granting far too many of them, but what else should be expected considering their professional background? It's about legal firms, not about advancing science and technology. It's about litigation, not improvement of living standards.

The collapse of software patents in the US leads to their collapse elsewhere; as noted by Daniel Law's Rana Gosain in this article (under software patents in Brazil):

The aftermath of the decision in the aftermath of the US Supreme Court decision in Alice v CLS Bank has brought about uncertainty and at the moment it appears difficult to propose substantial changes to the Brazilian IP law.


Good. What else is good? Even Donald Trump supporters recognise that Trump just put a patent trolls and litigation 'mole' inside the USPTO. As one supporter of Trump put it on Monday:

The previous director of the United States Patent & Trademark Office, Michelle Lee, had previously worked at Google and was well respected by all major product- and service-focused tech companies for her understanding of the need for a balance in the patent system: a balance between the interests of right holders in valid and enforceable intellectual property rights as well as the interest of the general public in preventing overbroad patents and, particularly, the enforcement of patents that should never have been granted in the first place.

Mrs. Lee's predecessor, David Kappos, came from IBM, a company that has for some time been known for rather aggressive patent monetization (though they rarely litigate) and has, since leaving the USPTO, been lobbying hard for broad and strong patents. That said, he respected legislative and judicial decisions without a doubt, and compared to the current USPTO director Andrei Iancu his actual decisions at the helm of the USPTO were the ones of a centrist, and clearly not those of an extremist. He had his views and beliefs, but a reasonable agenda.

Director Iancu used to be the managing partner of Irell & Manella, a renowned L.A. law firm with a particular focus on patent enforcement. Presuambly they also represent defendants, but interestingly, I've always heard of them only when they were counsel for plaintiffs.

There are various respects in which Director Iancu is trying hard to turn the legislative and judicial tide--which is an agenda that the executive branch of government shouldn't have, but sometimes that's unfortunately the way it is.

[...]

This is the mission statement of a patent radical and of someone who doesn't appear to understand that he has a responsibility not only for patentees and for litigation firms like the one he used to chair, but also--in fact, even more so--for the economy and society at large.

The unspecified reference to "the public alike" doesn't counterbalance his focus on "rights owners" and their interests.

The way Director Iancu modified the claim construction standard for post-grant reviews (by instructing PTAB judges to apply the narrower standard used in infringement proceedings) has nothing to do with greater predictability: decisions were equally predictable before, but it used to be harder to defend weak patents.

[...]

Those of us promoting a balanced patent system must keep a close eye on what's going on at the USPTO under Director Iancu. I anticipate more posts on the USPTO, and especially on inter partes reviews, going forward.


There's growing disdain and resistance against this. Earlier this month we wrote about the EPO using European Inventor Award to promote software patents and earlier this week Benjamin Henrion said: "The EPO's spending on the "European Inventor Award" has no legal basis in the EPC. The EPO should better spend this money on something more useful. Furthermore, patents on computer programs are forbidden by art52.2 EPC."

"Even Donald Trump supporters recognise that Trump just put a patent trolls and litigation 'mole' inside the USPTO."These are, in effect, illegal patents. Why offer rewards for these?

Meanwhile, as it turns out based on a new press release, the EPO admits, yet again, that it granted (or nearly granted) a fake European Patent; why the change of heart? The UK High Court:

Estar Medical has been successful in revoking Regenlab's original PRP patent in the European Patent Office (EPO) opposition proceedings. This ruling follows a recent judgment by the UK High Court which also found the Regenlab PRP patent invalid...


Courts are again stepping in, applying law unlike the Office. These courts do not measure their "success" in terms of revenue.

We're disturbed to see the EPO granting patents on life, on nature, on maths...

These patents are not legal. Granting these patents would be a violation of the EPC. But the EPO's management gives staff quite a dilemma: break the law or get fired.

"These patents are not legal. Granting these patents would be a violation of the EPC."The management of the EPO is trying to trick examiners into thinking that what they do is compliant, but it's not. They keep using all sorts of buzzwords and misleading semantics (which courts reject). Here's a report from yesterday in which "Kazuhiko Ishimaru, general manager of licensing at the multinational electronics company [Panasonic, feeder of patent trolls], shares insights on IP strategies in an age of AI, IoT and big data" (to quote the summary).

Panasonic is a patent parasite and it promotes abstract patents under guise of buzzwords, "AI, IoT and big data..."

Why not add "4IR", "blockchain" and "Industry 4.0"?

We've meanwhile noticed that Bardehle Pagenberg continues pushing the software patents agenda at the EPO (for profit regardless of the law). It's doing that in paid-for 'articles' and many tweets like this one. It's no secret that nowadays the EPO grants all sorts of dodgy patents (over 100,000 of them a year), so what is this company bragging about in this new press release? Presumption of invalidity is becoming reasonable as rates of validity have fallen sharply.

"The way things stand, European courts will continue to reject a lot of European Patents, putting in doubt just about all the work done by the EPO since the Battistelli years (fake 'production')."The only way for the EPO to survive a 'bloodbath' is to change the law or get rid of courts. Complicit media like IAM has been paid to help with that agenda. Watch what IAM has just paid to promote (lawyers put patent monopoly/greed ahead of public safety) and this other IAM piece about patents on plants at the EPO. These malicious people are hoping to just bypass courts, expanding the scope of patents and miraculously rendering fake patents "valid". Mind this latest UPC jingoism from Joff Wild and his paid-for (to promote UPC) colleagues. There's another new example from IP Law Galli's Cesare Galli, presumably what qualifies as "Team UPC". There's this new 'article' (actually lobbying by a law firm) titled "Unitary patent and UPC – Italy moves forward" [1, 2] and it's about as laughable as this year's necrophilia from Bristows. Italy Moves forward with a dead thing? Like Sam Gyimah did one year ago (just before resigning)? The UPC spin has taken new forms. Here's the opening sentence:

The government recently adopted provisions to coordinate national legislation with the EU Unitary Patent Regulation and the Unified Patent Court (UPC)…


That's the equivalent of marrying a dead partner posthumously because there's no UPC and barriers to it have only piled up. The way things stand, European courts will continue to reject a lot of European Patents, putting in doubt just about all the work done by the EPO since the Battistelli years (fake 'production').

Recent Techrights' Posts

SLAPP Censorship - Part 192 Out of 200: The Hired Guns of Garrett and Graveley Sent Us USB Sticks (One to Me, One to My Wife) Showing Lozza Talking to Garrett About Censoring/Deplatforming Techrights the Same Time Graveley Was Copy-Pasting Garrett's Lawsuit
Next year we plan to bring this matter to the Court of Appeal
Linux Kernel Becoming a Slopfest - Part 6 - Seeing Who Contaminates Linux With Slop (And Also Admits It)
Today we begin looking at some culprits
2026: The Year Galleries Realised the Need to Flag or Cull Slop Images
Society needs to shun slopfarms, people who use LLM slop (for anything at all), companies that use bots (which they dub "agents"), and so-called 'coders' who volley garbage into project and software hubs
Software Freedom Day Celebrated in 5 or 6 Continent
Software Freedom Day (SFD) 2026 was big this year
 
Links 21/09/2026: "Lies of the Hey Hi (AI) Industry" and Solar Power Is Getting Cheap
Links for the day
Gemini Links 21/09/2026: Equinox and Beginner's Guide to Gemini
Links for the day
Links 21/09/2026: "Back On My Bicycle" and American Regime's War on Media Escalates Further
Links for the day
SLAPP Censorship - Part 191 Out of 200: Garrett, Graveley and Lozza
They talk to and coordinate with one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 20, 2026
IRC logs for Sunday, September 20, 2026
Gemini Links 21/09/2026: Digital Hoarder, GTD, Minimalism vs Digital Minimalism, Rejection of LLMs
Links for the day
Links 20/09/2026: "Google Now Asking For Users’ Video Selfies" and Energy Prices Set to Rise
Links for the day
Enjoy the Giving/Sharing, Not Taking
We've long supported what we believed in, even with the little money we had
Links 20/09/2026: Amazon Layoffs, Flock 'Buyouts' (Silent Layoffs)
Links for the day
USCIS and Microsoft Rumours: Curbs on Lowering Salaries by Importing Cheaper Replacements?
It seems like Microsoft's mass layoffs and efforts to cheapen the workforce face obstacles
Gemini Links 20/09/2026: "Music While Working" and Radio Silence
Links for the day
Clownflare Data From Canada
We've like to think many people are attempting to install GNU/Linux over the weekend
SLAPP Censorship - Part 190 Out of 200: Plagiarism, Back Doors, and Sabotage of Linux
This can go on for a decade or longer
Linux Kernel Becoming a Slopfest - Part 5 - Kernel Dependency on Plagiarism Giant Microsoft is a Death Blow to Any Kernel
Microsoft is bringing copyright-infringing slop into Linux
GNU/Linux Has Grown a Lot Lately
Based on Clownflare
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 19, 2026
IRC logs for Saturday, September 19, 2026
Links 19/09/2026: Many Patents Become Candidates for Annulment and Linux [sic] Foundation Takes More Slop Money to Promote Malicious Bots
Links for the day
Gemini Links 19/09/2026: The Fundamental Human Assets, The History of Gopher's "i" Type, and ROOPHLOCH 2026
Links for the day
Links 19/09/2026: "OpenAI and Microsoft Knew They Were Starting a ‘Doom Loop’ [of Mass Plagiarism 'Normalised' by Brute Force] for the web", Calling It "Hey Hi"
Links for the day
8 Series Going on at the Moment in Techrights
4 series about SLAPPs and related matters
Linux Kernel Becoming a Slopfest - Part 4 - Outsourcing to Microsoft, Approaching 10 Gigabytes
Can we blame Microsoft for those DDoS attacks? Partly.
SLAPP Censorship - Part 189 Out of 200: A Terrible Idea to Condemn Projects for Using Slop 'Code' When Your Own Employer Does This (and Profits From Every Company Doing So) or to Call Distros 'Not Secure' While You Advance Back Doors
"I don’t want a back door. I want a front door."
Software Freedom Day 2026 is Today, Week-long Celebration in Brazil
In Brazil, Clownflare reckons about 1 in 20 laptops/desktops might use GNU/Linux already
Red Hat Lost 2,000 Staff (Net Loss)
Maybe by year's end it'll be a 20% reduction
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 18, 2026
IRC logs for Friday, September 18, 2026