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05.29.15

Propaganda Mode for UPC Agreement Whilst EPO Increasingly Grants Patents on Software

Posted in Europe, Patents at 6:52 am by Dr. Roy Schestowitz

“They [EPO examiners] claim that the organisation is decentralising and focusing on granting as many patents as possible to gain financially from fees generated.” —Expatica, European Patent Office staff on strike

Summary: In order to make the Unitary Patent a reality (towards a ‘no place to hide’ patent approach) misleading claims are being made

THE EPO is getting away with a lot of misdeeds and corruption, never mind a globalisation effort that removes Europe’s sovereignty in favour of multinational corporations.

There has been some opposition to the UPC Agreement from several large European member states, such as Spain and Italy. Lawyers’ sites are seemingly happy that Italy is giving up after initial opposition about four years ago and it sure looks like UPC is only a matter of time now.

The UPC takes us a step closer to what we call "Global Patent System", as explained here before. This, in due course, may mean software patents in Europe. The UPC Web site rejects that claim by stating:

No, the UPC Agreement doesn’t touch upon the patentability criteria. This will also in the future be governed by the European Patent Convention. According to Article 52 (c) of the EPC software as such are not patentable.

The unitary character of the UPC will make it easier to revoke a patent on software if such a patent is granted by mistake and there will be no need for parallel litigation. A third party will not have to wait for the outcome of opposition procedures at the EPO before bringing a revocation action before the UPC.

That is nonsense because it works the other way around, too. If a software patent is granted or defended, then it becomes a weapon in the whole of Europe. We already know that the EPO is increasingly open to software patents, predating Benoît Battistelli and going all the way back to Alison Brimelow, as we explained at the time (around 2009).

The UPC Web site continues to discredit Spain’s opposition to the UPC. They’ll just say anything to pass the UPC, even if it’s a half-truth and borderline lie.

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