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

11.28.11

Lehne and the Polish Presidency Continue to March for Software Patents in Europe

Posted in Europe, Law, Patents at 3:48 am by Dr. Roy Schestowitz

Klaus-Heiner Lehne
Klaus-Heiner Lehne / Source: Europa.eu

Summary: Various updates about the patents situation across Europe

LAST year Apple decided that it could not compete fairly against HTC, which now sells more phones (running Android/Linux) than Apple in the United States. Apple dropped to third, trailing Samsung.

So Apple sued HTC and found favour in its home country, as expected. In Europe it has been a different story and Apple is failing to block Linux/Android-powered devices from Samsung. Even the regulators get involved right now, which ought to make Apple worry. But Europe has had some elements in it that are dangerous in the sense that they play ball for US-based multinationals. They also try to legalise software patents by harmonising US- and EU-based patent regulations. Anne-Cat Lorrain writes: “European Commission: “the creation of a EU patent court is on a good track”. Audience not so “optimistic”… #ictsp11″

Once again we also see Lehne getting involved. He is mentioned in the following new article for his role. It says that:

The EU patent “package” moved a step closer to final approval on Tuesday, when the Legal Affairs Committee approved a mandate to open formal negotiations with national governments to agree to create unitary patent, so as to cut costs for firms and boost the EU’s competitiveness. Parliament will strive to adapt the proposed regime to small firms’ needs.

The European Parliament’s rapporteurs, who will negotiate with national governments, will treat the three proposals (unitary patent, language regime and unified patent court) as a package, meaning none will be agreed without the others. According to the mandate, approved by the committee with 16 votes in favour and 3 against, the MEP negotiators will also ask that the three laws enter into force at the same time.

The aim of creating an EU patent is twofold. First to reduce current patenting costs by up to 80%, so as to improve the competitive position of EU firms vis-à-vis their counterparts in the US and Japan, where patents are substantially cheaper. Second, it should help to avoid the legal confusion created when dealing with differing national patent laws.

Lehne is named by Glyn Moody, who writes:

MT @zoobab @VisaePatentes OUTRAGEOUS: #JURI mandates #Lehne to negotiate #unitarypatent with Commission/Council behind closed doors>>shame

Zoobab also notes that the “Polish Presidency turn its coat for software patents through a central patent court,” according to this post which says:

Polish Prime Minister Donald Tusk sent a letter to the presidents of the EU institutions, on 18 November, pressing for an agreement on adoption of the harmonised European patent system. “This is one of the most important projects for the common market, to which the latest Council Presidencies have devoted considerable work and attention,” said Tusk. “In a context of increasing competition at global level, we cannot afford to keep the current system, which is one of the world’s costliest and which limits both innovation and the competitiveness of our enterprises.”

We wrote about this stance of the Polish Presidency in [1, 2, 3]. The president of the FFII (Zoobab) argues that the “European Parliament JURI committee [is] against ban of software patents, so pushing for them via central caselaw, was to be expected”

He also points out that the “EU patent draft introduces joint Member States liability for any failure of the patent court to apply EU law”

Patent lawyers from London wrote about this as follows:

Anyone who has encountered the AmeriKat in the past two weeks will have been subjected to a “what are you doing to help get the Unified Patent Court to London” style of questioning. During and outside of her workday she is still doing a fair amount of London cheerleading, so much so that she has failed to pick up the recent House of Commons Select Committee on European Scrutiny’s report on “Enforcement of Patent Rights”. In May of this year the IPKat reported on the Scrutiny Committee’s scrutiny of the unified patent system and Baroness Wilcox. More recently, on 9 November 2011, the European Scrutiny Committee considered a recent, but not the latest, Draft Agreement on a Unified Patent Court and draft Statute. The European Scrutiny Committee does what it says on the tin/can – they scrutinize draft EU legislation on behalf of the House of Commons and determine which proposals are of political or legal importance. Good news – the UPC ticks both boxes! The Committee flags up these proposals to the House through their weekly Committee Reports and by recommending that some draft legislation be debated – either by the European Committees or by the House of Commons. For a list of members of the Scrutiny Committee click here.

Surely the problems remain very real in Europe, especially due to patent lawyers and politicians who sometimes work for patent firms on the side. As Zoobab once put it, Lehne works for "Taylor Wessing, active in EU lobbying and pushing for software patents.”

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

A Single Comment

  1. Michael said,

    November 28, 2011 at 1:46 pm

    Gravatar

    FUD:

    LAST year Apple decided that it could not compete fairly against HTC

    You made this up. Just flat out made this up. Apple competes *very* well. They still have the highest user satisfaction ratings and the highest profits from the smart phone sector. By far.

    But you are combining high end and low end phones and noting that Apple does not sell as many phones (all high end, even their older models) as some others do high and *combined* with low end.

    FUD:

    So Apple sued HTC and found favour in its home country

    Apple has been winning cases all over the world. Seems the courts are, more often than not, agreeing with their general claims.

    Hopefully the patent laws in Europe and the US are made to be more similar – what a mess things are right now for any company trying to sell products globally.

What Else is New


  1. Just Published: Irrational Ignorance at the Patent Office

    Iancu and his fellow Trump-appointed "swamp" at the USPTO are urged to consult academics rather than law firms in order to improve patent quality in the United States



  2. Microsoft Paid the Open Source Initiative. Now (a Year Later) Microsoft is in the Board of the Open Source Initiative.

    The progression of Microsoft entryism in FOSS-centric institutions (while buying key "assets" such as GitHub) isn't indicative of FOSS "winning" but of FOSS being infiltrated (to be undermined)



  3. Jim Zemlin's Linux Foundation Still Does Not Care About Linux Desktops

    We are saddened to see that the largest body associated with Linux (the kernel and more) is not really eager to see GNU/Linux success; it's mostly concerned about its bottom line (about $100,000,000 per annum)



  4. Links 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

    Links for the day



  5. The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

    Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)



  6. Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

    There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that



  7. Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  8. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  9. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  10. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  11. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  12. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  13. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  14. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  15. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  16. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  17. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  18. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  19. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  20. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  21. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  22. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  23. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  24. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  25. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  26. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  27. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  28. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  29. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    Links for the day



  30. The EPO and the USPTO Are Granting Fake Patents on Software, Knowing That Courts Would Reject These

    Office management encourages applicants to send over patent applications that are laughable while depriving examiners the freedom and the time they need to reject these; it means that loads of bogus patents are being granted, enshrined as weapons that trolls can use to extort small companies outside the courtroom


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