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

02.26.16

New Evidence Emerges, Showing That Unitary Patent (UPC) is Indeed an SME Killer That Negatively Affects Europe for Patent Lawyers’ Sake

Posted in Europe, Patents at 5:56 pm by Dr. Roy Schestowitz

Trojan horse

Summary: A newly-released PDF sheds light on the grave injustice planned for the Unitary Patent Court, Europe’s secretive and highly damaging new system, whose architects are mostly patent lawyers and other patent profiteers that serve large international corporations

More evidence, ironically from the UPC’s biggest boosters, starts to surface, unveiling the truth or the ugly face of the EPO’s ‘baby’, the UPC (the EPO spends a lot of money promoting this). There is a very dark side to the UPC in Germany, where patent lawyers even interfere with the legal system in an effort to wheel in the UPC Trojan horse [1, 2]. This is a coup d’état which European citizens are unaware of.

According to this new comment on a new IP Kat article, the Battistelli-led EPO is so eager to ‘improve’ numbers that it grants bogus patents, not just extending/expanding the scope/boundaries of patents (UPC would probably usher in software patents, as high-profile people repeatedly warn). As the commenter put it, “I see the corresponding EP patent has just been granted after the examiner raised an objection relating to the priority claim and cited a PhD thesis. The priority filing looks questionable as to whether it discloses the “same invention” as per EPO-speak. The inevitable opposition should be interesting.”

“11K for a declaration of non-infringement seems a bit prohibitive. Hardly encouraging/enabling a ‘clear-the-way’ attitude.”
      –Anonymous
Commenting on this new article from UPC booster Annsley Merelle Ward (also IP Kat, not just pro-UPC propaganda sites), one person says “11K for a declaration of non-infringement seems a bit prohibitive. Hardly encouraging/enabling a ‘clear-the-way’ attitude. Good for patentees when infringers are small fry.”

The UPC, as it stands at the moment, has one major barrier. It’s not countries that won’t sign it (Spain, UK in case of Brexit etc.) but an actual democratic debate (the UPC is antidemocratic). Right now this whole process is taking place behind closed doors. It’s like some kind of secret trade deal. Courts are being set up in London before there is even a British referendum, in order to make the exit barrier (exiting UPC) incredibly high.

“UPC action to revoke a patent will cost 20.000 EUR. Infringement actions at least 11.000 EUR. Lawyers not included!”
      –Kristof Neefs
The UPC is — by most indications (in spite of the international secrecy) — indeed what we warned about all along. It would be an SME killer if it ever became a reality. As another person (Kristof Neefs, who says he is an IP, media and technology lawyer) put it: “UPC action to revoke a patent will cost 20.000 EUR. Infringement actions at least 11.000 EUR. Lawyers not included!”

Why would you need to revoke a patent? See the second paragraph above. The Battistelli-led EPO is a joke when it comes to examination (often if not increasingly rushed) and Battistelli is totally clueless about it, or maybe just in denial, i.e. willfully ignorant.

Managing Intellectual Property (MIP), a proponent of the UPC (like most patent lawyers out there), pretends that the UPC is already here (but it’s not inevitable).

What needs to be done right now is dissemination of information about the UPC, which the European public (more than 95% of it) knows nothing about. Currently, the UPC is being promoted by the very same people who would benefit from it, whilst everybody else has no voice. It would be good news for patent parasites and patent lawyers (look who’s excited about it) and we know at whose expense. Everybody would be harmed. Recall our recent article titled "UPC: To Understand Who Would Benefit From It Just Look at Who’s Promoting It (Like TPP)".

“This is like Koch Industries celebrating passage of ISDS.”CIPA too is promoting the UPC right now. Remember what CIPA stands for. It’s just a big bunch of patent lawyers lobbying for their interests at the very heart of Europe, trying to tax everyone while nobody (whom they tax) is paying attention. As CIPA put it: “The #UPC Preparatory Committee confirms there will be no opt-out fee. Big vote of confidence in the new system!” The UPC boosters (like Jane Lambert in this case) only care about EU membership because of patents!

This is like Koch Industries celebrating passage of ISDS. Anything like ISDS would give such a malicious corporation the power to pollute without government interference (because interference might harm Koch Industries’ shareholders). We need to stop these people before it’s too late. The UPC is a huge danger to Europe, which is an SME-based economy.

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. IRC Proceedings: Sunday, January 26, 2020

    IRC logs for Sunday, January 26, 2020



  2. Links 26/1/2020: MuseScore 3.4 Released, New Kate Icon and Solus 4.1 Fortitude Available

    Links for the day



  3. MIT and Microsoft Have Done Nothing to Actually Tackle Pedophilia and Ephebophilia

    MIT never actually resolved the issue that caused Joi Ito, Richard Stallman and others to be ejected; Microsoft meanwhile continues to profit from life-changing abuse (while seeding puff pieces in friendly media, just to pretend otherwise)



  4. Opinion: If You Advocate Population Control and You Are Yourself Doubling in One Single Generation, Then You Might be Hypocritical

    People with 3-5 children (each) tell us that the world has an overpopulation problem; while the growth of the population certainly poses a risk, these people lack the moral authority to lecture us about that (unless they adopt a eugenicist worldview, wherein only particular people are permitted to reproduce)



  5. IRC Proceedings: Saturday, January 25, 2020

    IRC logs for Saturday, January 25, 2020



  6. Nothing Has Truly Changed Since Netscape and Antitrust

    The same old crimes persist, as well as the blatantly anticompetitive behaviour



  7. When the Monopolists and the Patent Litigation Industry Hijack the News They Control the Narrative

    Money buys perception and litigation firms have certainly 'bought' the media coverage, which fails to convey the issue at stake and instead paints a rational court decision as tragedy for "innovation" (by "innovation" they mean monopolies on nature and on life)



  8. Links 25/1/2020: OPNsense 20.1 RC1 and DXVK 1.5.2

    Links for the day



  9. The Linux Kernel is No Longer Free Software?

    Gardiner Bryant, the creator of The Linux Gamer as well as The Off Topical Podcast, reacts to our articles about DRM in Linux (he even pronounced my name correctly)



  10. Sometimes Proprietary Software is Proprietary (Secret) Simply Because It is Not Good and Obfuscation Helps Hide Just How Ugly It Is

    Why nonfree (or proprietary) software generally fails to catch up with Free/libre software — at least on technical grounds — and then makes up for it with marketing and FUD offensives (discrediting perfectly-functioning things, based on their perceived cost)



  11. IRC Proceedings: Friday, January 24, 2020

    IRC logs for Friday, January 24, 2020



  12. Links 24/1/2020: GNU/Linux in Russia and More New Openings

    Links for the day



  13. When EPO Press Coverage Boils Down to Lobbying, Press Releases, EPO Lies, and Bribery

    Any attempts to properly assess and explain what happens in Europe's patent landscape are being drowned out by EPO-bribed and law firms-connected media; to make matters worse, the EPO's bribes have expanded to academia, so even scholarly work in this domain is corrupted by money of special interest groups



  14. IRC Proceedings: Thursday, January 23, 2020

    IRC logs for Thursday, January 23, 2020



  15. Links 23/1/2020: Qubes OS 4.0.3, EasyOS 2.2.5, GhostBSD 20.01

    Links for the day



  16. Passion of the Microsoft

    A rough timeline of Microsoft’s interactions with Linux and the Linux Foundation since 2015



  17. The Patent Microcosm is Really Panicking as European Patents on Life and Other Spurious Junk (Invalid Patents) Are Successfully Rejected

    European Patents (EPs) may be revoked en masse if what we're seeing is the gradual emergence of 'European Mayo' (and maybe soon 'European Alice')



  18. Distractions From Microsoft's Gigantic Tax Evasion and Contribution to Denial of Climate Science

    Microsoft (connected to oil companies) wants us to think of it as a "green" company; not only does it contribute to climate denial but it also evades tax, which is a serious crime that costs tens of billions of dollars (the public pays this money instead)



  19. Confirmation: System1/Startpage Offered Pay to People Who Pushed for (Re)Listing in Privacy Directories

    The debate is now settled; those arguing in favour of listing Startpage as privacy-respecting are in fact secretly 'compensated' by Startpage (in other words, they're Startpage 'shills')



  20. Vandana Shiva: “Bill Gates is Continuing the Work of Monsanto”

    A recent interview on what Bill Gates is really up to in that sham ‘charity’ of his



  21. IRC Proceedings: Wednesday, January 22, 2020

    IRC logs for Wednesday, January 22, 2020



  22. Extending Linux With DRM, Azure and exFAT

    An insufficiently 'conservative' Linux ceases to be freedom-respecting



  23. Linux Foundation (LF) Now Dominated by Lots of Microsoft People and LF Chiefs Join Microsoft in Smearing GPL/Copyleft

    We continue to see additional evidence which serves towards reinforcing our view that the so-called 'Linux' Foundation is actually hostile towards many things that are associated with Linux (unlike those looking to exploit/hijack Linux for proprietary ends)



  24. Links 22/1/2020: Wayland 1.18 Alpha, ODF 1.3 Approved

    Links for the day



  25. IRC Proceedings: Tuesday, January 21, 2020

    IRC logs for Tuesday, January 21, 2020



  26. Poor Excuses for Granting Poor (and Often Illegal/Invalid) Patents

    A quick look at some of the latest examples of software patents advocacy (not by actual software professionals, obviously) and why it's deeply misguided (or guided solely by greedy law firms)



  27. A Simple Plan For a Universal Free Software Community

    "For software to be free as in freedom, we need more people to care personally about software freedom."



  28. Links 21/1/2020: Wine 5.0 and Red Hat Enterprise Linux 8.2 Beta

    Links for the day



  29. Startpage/System1 Almost Definitely Pay for People to Lie About Their Surveillance

    A longterm investigation suggests that there are forces in the debate that aren't objective and are being super evasive and dodgy; this typically happens only when somebody has much to hide



  30. The Internet is an Appalling Medium for News and It Has Only Gotten Worse

    Something ought to change in the way people gather and assess news; at the moment — as proper journalism runs out of steam (and budget) — things only deteriorate and quality suffers; this rapidly exacerbates as people come to rely on — and then relay — hearsay, not fact-checked bodies of work


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