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

11.21.12

Software Patents Through ‘Union’ in Europe

Posted in Europe, Patents at 3:16 pm by Dr. Roy Schestowitz

Preparing for the worst here in the UK…

UK map

Summary: Using deceiving terms such as “unitary” the patents cartel and lobby put the foundations for monopoly on software everywhere in Europe, essentially such that it is going global

WIRED has run a series of articles about software patents. The problem is, the authors list is stuffed with law professors, this time Arti Rai. There is hardly ever any or enough representation for software professionals, as we last showed two days ago when European bureaucrats dealt with the subject of software patents (or unitary patent) in Europe. The activists from unitary-patent.eu, software professionals themselves, created widgets to encourage contacting politicians:

Glyn Moody thinks this is going the wrong way. He dented and tweeted:

Future perfect? The JURI is out, and Europe waits … – http://bit.ly/10gp8BG looks like the #unitarypatent trick is going through #swpats

Here is what the lawyers in London (pro-software patents) wrote in their preliminary analysis:

Tonight [1900 to 2100 in Strasbourg, which works out at 1800 to 2000 GMT] following a special meeting of the JURI Committee of the European Parliament in Strasbourg, Commissioner Barnier is expected to announce a major breakthrough in the long-running saga of the creation of a Unitary European Patent and Unified Patent Court [on both of which this blog weblog has carried countless posts, mainly thanks to the efforts of Annsley]. The announcement will herald agreement between Council and the European Parliament leading to the adoption of new legislation to create the new system by April 2014.

The public ought to make a big mess like when ACTA was being pushed through the system. Glyn Moody saw a follow-up post and wrote: “if true, this will be a disaster of epic proportions…”

Here is what the follow-up says:

If the rumours are true it could mean that, for European Union-based holders of patents, the place of domicile determines applicable national law while for non-EU patentees, in contrast, German national law would apply. If the UPC found itself obliged to apply different national laws in the case of unitary patents — even though that application would be with uniform effect — it appears that litigation might produce quite different results, depending on the domicile of the patentee. This in turn suggest that the product of the past few years’ mammoth effort to produce unitary effect for patents would actually be, er, divergence.

The rumoured final texts thus seems to introduce a new level of complexity and fragmentation which those of us who dreamed of a single patent having single effect across a single market had never previously envisaged. Indeed, the potential for divergent jurisprudence may even be greater than would have been the case if the interference by the Court of Justice of the European Union (CJEU) — which the compromise language was seeking to remedy — had been allowed to occur in the first place.

But what about that curious new wording which seeks to avoid using the word “infringement”? Might it mean that UK national law would apply to both infringement and validity of a unitary patent owned by a British-based company such as BT or GSK, Dutch law for Philips’ unitary patents, Swedish law for Ericsson’s, Finnish law for Nokia’s and — for all non-EU companies — German national law?

Over at IDG, Loek Essers finally gives attention to this serious escalation of circumstances. To quote:

The European Parliament’s legal affairs committee welcomed a new proposal in order to create an E.U.-wide patent system during a Monday night meeting in Strasbourg. A majority voted in favor of a compromise that finally creates “an E.U. patent, after over 30 years of attempts, to support E.U. innovation and growth,” the European Parliament said in a news release on Tuesday.

The new compromise text now respects the European Court of Justice’s power to ensure consistent application of E.U. legislation, seems to be compatible with E.U. law and upholds the Parliament’s rights to be involved if there are changes in the patent rules, said Bernard Rapkay, the member of the committee of legal affairs who is responsible for the draft legislation.

They are finding new loopholes by which to help foreign large corporations for the most part. Bad news for all European software developers, irrespective of their development paradigm. Inform peers and family, fight back before it’s too late!

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. The War on Patent Quality

    A look at the EPO's reluctance to admit errors and resistance to the EPC, which is its very founding document



  2. Watchtroll, Composed by Patent Trolls, Calls the American Patent System “Corrupt”

    Another very fine piece from Watchtroll comes from very fine patent trolls who cheer for Donald Trump as if he's the one who tackles corruption rather than spreading it



  3. Unified Patent Court Won't Happen Just Because the Litigation Microcosm Wants It

    Unified Patent Court (UPC) hopefuls are quote-mining and cherry-picking to manufacture the false impression that the UPC is just around the corner when in reality the UPC is pretty much dead (but not buried yet)



  4. Links 17/5/2019: South Korea's GNU/Linux Pivot, Linux 5.1.3

    Links for the day



  5. Q2 Midterm Weather Forecast for EPOnia, Part 4: Happy Birthday to the Kötter Group?

    This year the Kötter Group commemorates the 85th anniversary of its existence. But is it really a cause for celebration or would a less self-congratulatory approach be more fitting? And does it create the risk that a routine tendering exercise at the EPO will turn into Operation Charlie Foxtrot?



  6. Links 16/5/2019: Cockpit 194, VMware Acquires Bitnami, Another Wine Announcement and Krita 4.2.0 Beta

    Links for the day



  7. The EPO's Key Function -- Like the UPC's Vision -- Has Virtually Collapsed

    The EPO no longer issues good patents and staff is extremely unhappy; but the Office tries to create an alternate (false) reality and issues intentionally misleading statements



  8. Stanford's NPE Litigation Database Makes a Nice Addition in the Fight Against Software Patent Trolls

    As the United States of America becomes less trolls- and software patents-friendly (often conflated with plaintiff (un)friendliness) it's important to have accurate data which documents the numbers and motivates better policy; The NPE (troll) Litigation Database is a move towards that and it's free to access/use



  9. Q2 Midterm Weather Forecast for EPOnia, Part 3: “Ein kritikwürdiges Unternehmen”

    A brief account of some further controversies in which the Kötter Group has been involved and its strained relations with German trade unions such as Verdi



  10. EPO Had a Leakage Problem and Privacy of Stakeholders Was Compromised, Affecting at Least 100 Cases

    The confidentiality principle was compromised at the EPO and stakeholders weren't told about it (there was a coverup)



  11. Links 15/5/2019: More Linux Patches and More Known Intel Bugs

    Links for the day



  12. False Hope for Patent Maximalists and Litigation Zealots

    Patent litigation predators in the United States, along with Team UPC in Europe, are trying to manufacture optimistic predictions; a quick and rather shallow critical analysis reveals their lies and distortions



  13. The Race to the Bottom of Patent Quality at the EPO

    The EPO has become more like a rubber-stamper than a patent office — a fact that worries senior staff who witnessed this gradual and troublesome transition (from quality to raw quantity)



  14. Q2 Midterm Weather Forecast for EPOnia, Part 2: Meet the Kötters

    An introduction to the Kötter Group, the private security conglomerate which is lined up for the award of a juicy EUR 30 million contract for the provision of security services at the EPO



  15. Links 14/5/2019: Red Hat Satellite 6.5, NVIDIA 430.14 Linux Driver and New Security Bug (MDS)

    Links for the day



  16. Links 14/5/2019: GNU/Linux in Kerala, DXVK 1.2, KDE Frameworks 5.58.0 Released

    Links for the day



  17. Q2 Midterm Weather Forecast for EPOnia, Part 1: Urgent Shitstorm Alert

    Experts at the European Patent Office's (EPO) weather observation station have just issued an urgent alert warning about a major shitstorm looming on the horizon



  18. Patents That Were Gleefully Granted by the EPO Continue to Perish in Courts

    The decreasing quality of granted European Patents already becomes a growing problem if not a crisis of uncertainty



  19. Links 13/5/2019: ExTiX 19.5 and GNU Radio Conference 2019

    Links for the day



  20. The Microsoft Guide to the Open Source Galaxy

    Thou shalt not...



  21. Microsoft Would Kill the Goose for Money

    Microsoft is just 'monetising' Open Source by using it as 'bait' for Microsoft's proprietary software; those who we might expect to antagonise this have effectively been bribed by Microsoft



  22. Links 13/5/2019: Nanonote 1.2.0, OpenMandriva Lx 4.0 RC, and GNUnet 0.11.4

    Links for the day



  23. Professionally Incompetent EPO Management

    The EPO remains an awful employer, with top-level management largely responsible for the loss of talent and even money



  24. Links 12/5/2019: Linux 5.1.1, GDB 8.3, KStars 3.2.2 Released

    Links for the day



  25. Did Battistelli 'Steal' ~$100,000,000 Euros From the EPO?

    While enjoying diplomatic immunity the thug from CEIPI (who is back at the EPO as a jurist) passed millions if not billions (over the long run) in liabilities; this was done with total and inexcusable impunity, no effective oversight



  26. The Biased EPO Does Not Want to Hear From Anyone Except Those Who Pay the EPO

    The EPO's corruption and violations of the law are a threat to everyone in the world; the EPO only ever listens to those who pay for "access" or those who embrace the "religion" of the EPO



  27. Team UPC Has Run Out of Arguments, So Now It's Just Writing Anti-Brexit Rants With Testicles in the Headlines

    Nothing has worked for firms that crafted and lobbied hard for the Unified Patent Court (UPC); after necrophilia a new low is being reached



  28. Making the Patent System About Productive Actors (Again), Not a Bunch of Law Firms and Trolls

    The US patent system is going out of shape and out of tune, just like the EPO when Battistelli came to it, dismantling the rule of law and even judges whom he did not like



  29. Links 11/5/2019: Mesa 19.0.4, "2019 the Year of GNU/Linux on the Desktop"

    Links for the day



  30. Stephen Rowan: From UK-IPO to Operation Coverup of Team António Campinos

    The Boards of Appeal are unable to stop the ride down the slippery slope of patent maximalism; the Office now congratulates itself for granting a lot of European Patents, including many that aren't in compliance with the law


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

Recent Posts