EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

08.28.11

Cablegate Reveals US Pressure for EU Patent (Unitary Patent) Alongside ACTA, More Pro-Patents Lobbyists Observed

Posted in America, Europe, Patents at 6:41 am by Dr. Roy Schestowitz

Bradley Manning
Bradley Manning, by Daniel Joseph Barnhart Clark

Summary: US politicians who are funded by taxpayers are seen pushing the agenda of big corporations into Europe, elevating the risk of software patents there

WIKILEAKS has been releasing many Cablegate leaks over the past week. One that caught our attention which also relates to Techrights mentions the EU patent mess (going under many names that keep changing to confuse critics) just before it talks about ACTA. To quote this item from a year and a half ago:

 

EU Patent breakthrough 
-------- ------- ----- 
¶2.  (U)  On December 4 the EU Competitiveness Council battled toward 
a so-called 'general approach' on a future patent system, together 
with an agreement on the basis of a draft regulation for European 
Union patents.  The issue has bogged down the European Commission 
and the Council for over 40 years.  Today, the cost of getting an 
EU-wide patent is eleven times that of getting the same protection 
in the U.S.  The Council conclusions also contain the main elements 
of a single European Patent Court that will try cases on both the EU 
patent and existing European patents.  In today's system, patent 
processes for one and the same invention must be conducted 
separately in each Member State.  The establishment of a single 
court could mean annual savings of up to USD 42 billion for European 
companies. 
 
¶3.  (U)  Leading the objections to the Swedish EU Presidency's 
proposal for a general approach was Denmark.  The Danes, though, 
finally withdrew their legalistic objections after it became clear 
that changes to the Swedish proposal would not be acceptable.  The 
Swedish 'general approach' on the EU patent regulation means a real 
breakthrough.  The all important issue of translation will now be 
left for agreement at a "later" date. 
 
¶4.  (U) The agreement paves the way for further discussion, under 
Spanish and other Presidencies, towards a future patent system. 
This would be based on two main pillars.  Firstly, a unified patent 
litigation system with exclusive jurisdiction for civil litigation 
related to patent infringements and validity of EU and European 
patents.  There would be a court of first instance comprised of a 
central division as well as local and regional divisions (in member 
states).  There would also be a court of appeal. 
 
¶5.  (U) Comment.  This is a major accomplishment of the Swedish 
Presidency.  It was the top EU Presidency priority of Trade Minister 
Bjorling.   The issue has been blocked for over 40 years.  Sweden 
made a serious effort to break the deadlock during its EU Presidency 
in 2001.  Although the tricky language question remains, it is 
likely that it will be possible to solve that piece separately. 
This breakthrough on a European patent is a welcome addition to the 
Swedish list of accomplishments during the Presidency, which 
includes the Lisbon treat...

Let’s remember that some pro-patents people tried to daemonise Richard Stallman for warning about this. We named some German patent lawyers who did this; they really want software patents (more so than any other EU-based lawyers we have seen so far) and among them there is also a soccer lobbyist pretending to be a patents expert and occasional Mono apologist (Mono is mostly history based on the news as the most exposure it receives is from blogs). He is pretending to be the opposition while patent lawyers pretend to be the voice of German people. Watch this pro-software patents lobbyist being called “anti-software patents campaigner” in this article which says: “They are not the only ones: Apple’s Hague-based action has also spurred some interesting questions in the patent community about the role of IP in competitive products. In a blog posting, prominent EU anti-software patents campaigner Florian Mueller suggested that the patents cited in Apple’s Hague complaint should not have been granted in the first place.”

Microsoft also hired front groups to pretend to represent small business. Writers who describe this lobbyist as “anti-software patents campaigner” are either dishonest or gullible and they ought to be corrected.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Open Invention Network (OIN) Member Companies Need to Become Unanimous in Opposition to Software Patents

    Opposition to abstract software patents, which even the SCOTUS and the Federal Circuit nowadays reject, would be strategically smart for OIN; but instead it issues a statement in support of a GPL compliance initiative



  2. President Battistelli 'Killed' the EPO; António Campinos Will 'Finish the Job'

    The EPO is shrinking, but this is being shrewdly disguised using terms like "efficiency" and a low-profile President who keeps himself in the dark



  3. Links 14/8/2018: Virtlyst 1.2.0, Blender 2.8 Planning Update, Zorin OS 12.4, FreeBSD 12.0 Alpha

    Links for the day



  4. Berkheimer Changed Nothing and Invalidation Rates of Abstract Software Patents Remain Very High

    Contrary to repetitive misinformation from firms that 'sell' services around patents, there is no turnaround or comeback for software patents; the latest numbers suggest a marginal difference at best — one that may be negligible considering the correlation between expected outcomes and actions (the nature of risk analysis)



  5. Lockton Insurance Brokers Exploiting Patent Trolls to Sell Insurance to the Gullible

    Demonstrating what some people have dubbed (and popularised) "disaster capitalism", Lockton now looks for opportunities to profit from patent trolls, in the form of "insurance" (the same thing Microsoft does)



  6. Patent Lawyers Writing Patent Law for Their Own Enrichment Rather Than for Innovation

    We have become detached from the original goals and come to the point where patent offices aren't necessarily run by people qualified for the job of advancing science and technology; they, unlike judges, only seem to care about how many patents get granted, irrespective of their quality/merit



  7. Links 13/8/2018: Linux 4.18 and GNU Linux-libre 4.18 Arrive

    Links for the day



  8. PTAB is Loathed by Patent Maximalists Because It Can Potentially Invalidate Thousands of Software Patents (More Than Courts Can Handle)

    The US patent system has become more resistant to software patents; courts, however, are still needed to invalidate such patents (a potentially expensive process) because the USPTO continues to grant these provided some fashionable buzzwords/hype waves are utilised (e.g. "facial recognition", "blockchain", "autonomous vehicles")



  9. Gene Quinn and 'Dallas Innovates' as Couriers of Agenda for Patent Trolls Like iPEL

    Failing to hide their real purpose and malicious agenda, sites whose real purpose is to promote a lot of patent litigation produce puff pieces, even for patently unethical trolls such as iPEL



  10. Software Patents, Secured by 'Smart' and 'Intelligent' Tricks, Help Microsoft and Others Bypass Alice/Section 101

    A look at the use of fashionable trends and buzzwords to acquire and pass around dubious software patents, then attempting to guard these from much-needed post-Alice scrutiny



  11. Keep Boston (and Massachusetts in General) From Becoming an Infestation Zone for Patent Litigation

    Boston, renowned for research and innovation, has become somewhat of a litigation hotbed; this jeopardises the state's attractiveness (except perhaps to lawyers)



  12. Links 12/8/2018: Academy of Motion Picture Arts and Sciences, Mesa 18.1.6 Release Notice, New Linux Imminent

    Links for the day



  13. Thomas Massie's “Restoring America’s Leadership in Innovation Act of 2018” (RALIA) Would Put the US Patent System in the Lions' (or Trolls') Mouth Again

    An anti-§ 101 and anti-PTAB bill from Rep. Thomas Massie (R-KY) strives to remove quality control; but by handing the system back to patent trolls he and his proponents simply strive to create more business of litigation, at the expense of innovation



  14. EPO-Style Problem-Solution: Tackling Backlog by Granting Lots of Low-Quality (Bogus) European Patents, Causing a Surge in Troll/Frivolous Litigation

    The EPO's lack of interest in genuine patent quality (measuring "quality" in terms of speed, not actual quality) may mean nothing but a litigation epidemic; many of these lawsuits would be abusive, baseless; those harmed the most would be small businesses that cannot afford a legal defense and would rather settle with those who exploit questionable patents, notably patent trolls



  15. Links 11/8/2018: PGP Clean Room 1.0, Ring-KDE 3.0.0, Julia 1.0

    Links for the day



  16. Propaganda Sites of Patent Trolls and Litigators Have Quit Trying to Appear Impartial or Having Integrity

    The lobbying groups of patent trolls (which receive money from such trolls) carry on meddling in policy and altering perception that drives policy; we present some new examples



  17. Months After Oil States the Patent Maximalists Still Try to Undermine Inter Partes Reviews (“IPRs”), Refusing to Accept Patent Quality

    The patent maximalists in the United States, seeing that the USPTO is moving away from patent maximalism, is desperate for a turnaround; prominent patent maximalists take it all out on PTAB



  18. The Unified Patent Court (UPC) Agreement is Paralysed, So Team UPC is Twisting Old News

    Paralysis of the Unified Patent Court Agreement (UPCA) means that people are completely forgetting about its very existence; those standing to benefit from it (patent litigation firms) are therefore recycling and distorting old news



  19. Patents as Profiteering Opportunities for Law Firms Rather Than Drivers of Innovation for Productive Companies

    A sample of news from yesterday; the patent microcosm is still arguing about who pays attorneys’ fees (not whether these fees are justified) and is constantly complaining about the decline in patent litigation, which means fewer and lower attorneys’ fees (less work for them)



  20. Links 9/8/2018: Mesa 18.2 RC2, Cockpit 175, WPA-2 Hash Cracking

    Links for the day



  21. Patent Maximalists -- Not Reformers -- Are the Biggest Threat to the Viability of the Patent System and Innovation

    Those who strive to infinitely expand patent scope are rendering the patent system obsolete and completely losing sight of the very purpose of the patent system, whose sanity US courts and lawmakers gradually restore (one ruling and one bill at a time)



  22. WeMove.EU Tackles Low Patent Quality at the European Patent Office (EPO)

    The breadth of European Patents, which now cover even nature itself, worries public interest groups; Team UPC, however, wants patent scope to expand further and António Campinos has expressed his intention to further increase the number of grants



  23. Links 8/8/2018: KDE Neon for Testing, New LibreOffice Release, Dart 2.0

    Links for the day



  24. Links 7/8/2018: TCP Vulnerability in Linux, Speck Crypto Code Candidate for Removal

    Links for the day



  25. PTAB Needs to Expand and Become More Accessible to More Challengers of Wrongly-Granted Patents

    Challenges to US patents at the Patent Trial and Appeal Board (PTAB) are helping to raise the bar for litigators; those who value the quality of patents should welcome rather than condemn PTAB and PTAB ought to be expanded to facilitate more scrutiny of granted patents



  26. Supreme Court and Federal Circuit Precedents Might Make District Courts (Outside Texas) More Sceptical of Patents

    As patent lawsuits scatter around the United States (not as concentrated around Texas anymore) there's a real chance of turnaround in terms of outcomes; we look at some recent cases



  27. The Court of Appeals for the Federal Circuit (CAFC) is Cleaning Up the United States' Patent System

    The highest patent court (bar the US Supreme Court, SCOTUS) is rejecting a lot of patents, not only software patents; this is long overdue and is bad news to patent lawyers (not to companies that actually create and sell things)



  28. Racing to the Bottom, the António Campinos-Led EPO Continues to Promote Software Patents, Just Like China

    The EPO is being transformed into 'SIPO Europe', a dangerous gamble which would leave European firms more susceptible to frivolous litigation and generally reduce the value of previously-much-coveted European Patents



  29. Arista Shows How ITC Injustice (Embargo Before Facts Are Even Known) Harms Smaller Businesses, Helps Monopolists

    Arista Networks Inc. (Arista) has just given up, but only after years of legal bullying from Cisco, which imposed embargoes using questionable patents that should never have been granted by the USPTO



  30. Links 6/8/2018: Linux 4.18 RC8, Pinguy OS 18.04.1, Netrunner Rolling 2018.08, Thunderbird 60

    Links for the day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts