To make matters worse, the European Patent Office has filed a brief, also stating that the patent is invalid.

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The recent improvement also adds some Euro flavor to Google's patent search by including submissions to the European Patent Office.

ENGADGET: Google Patents search gets upgrade, now filled with prior art and European patent goodness

Mr Alton noted that the European Patent Office had refused to allow the equivalent patent because "it was found to be obvious".

BBC: ITC judge: Motorola Mobility infringed Microsoft patent

It says the European Patent Office (EPO) has shown itself willing to grant thousands of software patents - and worries the EU could end up with a system in which appeals against such judgements are decided according to the EPO's own rules.

BBC: European Parliament in Strasbourg