Bonum Certa Men Certa

Patent Practitioners: "The Unitary Patent Might be Able to Open the Floodgates for Software Patents in Europe"

The US patent system may be getting exported to Europe (a silent occupation), without even consulting European citizens on this matter

Park in Manchester



Summary: The EPO-backed Unitary Patent scheme threatens to bring software patents to Europe and along with them a lot of patent trolls from all around the world (especially the United States)

"The Unitary Patent might be able to open the floodgates for software patents in Europe," says this new analysis, published earlier today in a lawyers' site. It echoes many of the warnings from the likes of FFII, among other European groups that have repeatedly warned about the Unitary Patent (UPC).



"It echoes many of the warnings from the likes of FFII, among other European groups that have repeatedly warned about the Unitary Patent (UPC)."The long piece is titled "The Murky Waters Of Software Patents" and it's not as positive as one might expect. Given the publication it comes from (pro-patents), it's hardly surprising at all. "Software patents," says the author, "have been the subject of much debate – not only in the US, but also in Europe. This has been a thorny issue for many years and the future of software patents still remains unknown. At the outset, a breakdown of the differences between patents and copyrights will highlight why the patent is the form of intellectual property which is proving to be the most problematic with regards to software."

The author later alludes to Alice, which we may write a lot more about tomorrow. "In the US," he says, "software patents have been in existence since the early 1970s, but courts have recently started to reject software patents. The courts have ruled that simply "doing something on a computer" does not enable one to obtain a software patent on the matter. After hundreds of thousands of patents being issued, it became clear that there needed to be more restriction and the courts have recently been invalidating patents that were already granted. In 2014, in the landmark Alice Corp judgment, the courts stated "the mere recitation of a generic computer cannot transform a patent ineligible abstract idea into a patent eligible invention." Thus the US is now retreating from its original position of granting software patents somewhat liberally."

Then the author writes about Europe, in particular about the effects of the UPC. "The Unitary Patent," he explains, "is a very recent brainchild of the European Patent Office. Through one single request, one will be able to obtain patent protection in 25 member states (Spain, Italy and Croatia are not currently participating). This patent will be subject to the exclusive jurisdiction of the Unitary Patent Court, which will comprise of a court of first instance, a court of appeal and a registry.

"The rulings of this court will affect the Member States who have ratified the agreement. The EPO hopes that the establishment of the court will add to more predictability in proceedings and avoid parallel litigation. Since all unitary patents will thus have their own court, there is also an expectation of faster and more efficient procedures than if these were to be held in the relevant Member States. So far, seven Member States have ratified the agreement – and Malta was among the first to do so. It will come into force once it has been ratified by thirteen states, which is expected to be around 2016. Nevertheless, the position of software patents under this new patent system will remain to be seen. When it comes into force, it will lay the cornerstone for more debate on the subject – as being able to achieve a unitary software patent will mean that it will automatically be recognized in all the Member States.

"The Unitary Patent might be able to open the floodgates for software patents in Europe, since if it allows for software patents, they will become immediately applicable in all the EU Member States. The same might be said for the contrary – however, the fact that the EPO allows for a Unitary Patent court of appeal means that this discussion might go on for years to come."

Another site of patent lawyers now informs us of "Progress on the Unitary Patent". It says that "[o]n 10 July 2015, the Preparatory Committee (which handles all the subsidiary issues arising from the creation of the Unified Patent Court (“UPC”), such as HR or IT management) met to discuss the last (18th) draft of the Rules of Procedure for the UPC. They are expected to reach an agreement on a final set of Rules in October 2015.

"The draft Protocol on Provisional Application of parts of the Agreement on a Unified Patent Court was also on the agenda as well as the salary package of the judges, the privileges and immunities of the UPC and the division of costs and responsibilities."

According to this, Portugal too has caved in without even consulting or liaising with its citizens. What a coup!

"Confirmation of Portugal’s ratification of the UPC Agreement was published on 6 August 2015," says a site about the UPC, "in the country’s Official Gazette of legislation. In the Diário da República Eletrónico, the Decree of the President of the Republic No. 90/2015 indicated that Aníbal Cavaco Silva had approved the UPC Agreement on 30 July 2015 following Parliament’s approval (No 108/2015) on 10 April 2015; a certified copy of the original UPC Agreement was also published in English and Portuguese. See here."

Here in the UK as well, without even consulting citizens, the government is now preparing for the UPC. Nobody voted for it. This just serves to show how undemocratic the European Union has become, possibly even worse than the EPO alone.

What happens here is similar to what happens in New Zealand right now [1, 2, 3], with persistent efforts to thwart the law (a law banning software patents) through all-encompassing 'trade' deals, effectively 'laundering' the law at the behest of rich and powerful people who collude in secret. In New Zealand, the loopholes for software patenting have thus far been similar to Europe's "as such".

Recent Techrights' Posts

Advocacy of Software Freedom Changed, LUGs Became Less Relevant
The way we see it, support groups like LUGs sort of outlived their usefulness when it became easier to install GNU/Linux
For the Second Time in a Few Weeks Microsoft Lunduke Makes False Accusations Against Senior Red Hat Staff to Incite a Despicable 'Troll Army'
Nothing that Microsoft Lunduke claims or says can be trusted
Compromised by NVIDIA Proprietary Library
Meanwhile in Boston there are "[r]oundtable talk with FSF volunteers (both in-person and online)"
How Software Patents Were Viewed or Their General Status Changed Over Time
A rough summary
 
Watch the FSF Party Live (via Livestream)
It's in WebM format, which is widely supported by now
When Microsoft "Integrates" Something With "AI" It Means It's Losing Money and Is Generally Hopeless
how did Bing fare after 36 months of LLM slop being hyped up as "replacement" for search?
Most Certificates Don't Improve Security, They Mostly Increase Downtime (for No Good Reason)
The 'Gemini sites' (capsules) are a growing force
The statCounter Site Has Data Integrity Problems
Maybe we'll get back to statCounter when its data becomes more "stable" again
10 Ways to Combat Software Patents
software patents are loathed also by proprietary software developers
"Just a Little Bit of Meat..."
Free software "absolutism" is not a radical stance, more so if the only "radical" belief the user possesses is that he or she must be in control of his or her software, and by extension his or her computer
Red Hat is Ignoring the Free Software Community, It's a "Fortune 1000" Vendor
Red Hat's blog also participates a lot in promoting of Wall Street's latest pump-and-dump "AI" scheme
Free Software Foundation Party Has Begun
We shall be focusing a lot on software patents today
Former Head of the Federal Trade Commission (FTC) Lina Khan Knows Whatever Microsoft Touches Will Die
Just like Skype (as recently as months ago) [...] When Microsoft grabs things, or when it buys things, it almost never ends well
Slopwatch: Fake Articles About LibreOffice in Austria and Wine 10.16
very short
Links 04/10/2025: "attempted Coup" Noted in Facebook, Russia Kills Journalists via Drones
Links for the day
Gemini Links 04/10/2025: Anesthesia and Baudpunk
Links for the day
Links 04/10/2025: "Privacy Harm Is Harm", Criticism Outlawed in US
Links for the day
Garmin Uses Linux for Some of the Garmin Products, Now It's Sued by Strava Using Software Patents
Software patents should never have been granted in the first place
Richard Stallman Will Give a Talk in Sweden in 6 Days
Dr. Stallman, despite his battle with cancer is still alive and mentally sharp
FSF Turns 40
We'll be focusing on patent-related topics this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 03, 2025
IRC logs for Friday, October 03, 2025
Gemini Links 04/10/2025: Distro Hopping and "Part Time"
Links for the day
We Are Turning 19 in One Month, FSF Turns 40 in 3 Hours (CET)
For our anniversary next month we still have no concrete plans
Patent Docs (or PatentDocs) Learned the Wrong Lessons From the Death of TypePad
Had they gone ahead with an SSG, they'd become a lot more future-proof
USPTO Patent Bubble Already Imploding, After Decades of Artificial Inflation, Entire Offices Close for Good
we can deduce that financial pressures (lack of "demand" for monopolies) play a role
TikTok is Not Harmless (Being CheeTok in the US Will Advance Orange Agenda)
Social control media isn't "fun and games"; it's a digital weapon that lets hostile groups or nations infiltrate others, then turn them against themselves
Andy Farnell and Helen Plews Explain What "Modern" Tech Does to Old People
Imposing terrible tech "religion" on people is not helping them
Tomorrow the Free Software Foundation (FSF) Turns 40 and Its Web Site is Still Slow Due to DDoS by LLM Slop Bots
For an advocacy group, uptime is important (for its message to remain accessible)
Slopwatch: Google News as a Firehose of LLM Slop About "Linux"
Google News is really bad
Datamation, Where I Used to Publish Articles, Appears to Have Been Sold to TechnologyAdvice Only to Become a Slopfarm
I'd prefer to not associate with that site anymore
Links 03/10/2025: "NPR’s Economics Lessons Come With Neoliberal Spin" and Canada Post at Risk
Links for the day
Gemini Links 03/10/2025: Panic Attacks and Food Adulteration
Links for the day
Links 03/10/2025: Lawyers Caught Using LLM Slop Explain Why They Did It, LibreSSL 4.1.1 and 4.0.1 Released
Links for the day
FSF Board Grew 50% Since Last Year, Has New President, Turns 40 in Two Days
It's a good move for the FSF and - by extension - for software freedom
Links 03/10/2025: Conflicts, Death of TypePad, and TikTok/CheeTok Gives a Boost to Far Right Groups in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 02, 2025
IRC logs for Thursday, October 02, 2025
Slopwatch: Linux Journal, Google News, and LinuxSecurity
They carry on polluting the Web with fake articles
Gemini Links 02/10/2025: Kubernetes With FreeBSD and robots.txt
Links for the day
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day