Bonum Certa Men Certa

UPC Would Bring Software Patents to Europe and Open the Floodgates to Litigation

It's not hard to imagine who would benefit from making the abstract patentable

Trojan horse



Summary: The UPC also has a FRAND angle/element to it and thus, in many cases, software patents in Europe (patent tax or lawsuits over software, which is typed and copied or distributed rather than manufactured or produced)

THE EPO's management, seemingly working for large corporations (not even European)*, keeps trying to undemocratically push the SMEs-hostile UPC, by extension spreading software patents in the European continent/commonwealth/nations and beyond them (the EPO is broader than that). Examiners at the EPO oughtn't tolerate this as it jeopardises the quality of patents and damages the credibility of the EPO, along with the perceived value of European patents (EPs). We have already presented many articles, citing experts in the field, saying that UPC would bring software patents to Europe.



"Examiners at the EPO oughtn't tolerate this as it jeopardises the quality of patents and damages the credibility of the EPO, along with the perceived value of European patents (EPs)."One subject we have been writing about for over 9 years is RAND (sometimes known as FRAND for an extra euphemism, "fair"). This new article from the Indian press (where the debate about software patents has been hot recently) speaks about “FRAND” as follows: "The past week had an article on standard essential patents (“SEPs”) by Divya Rajput, and how their licensing on Fair, Reasonable, and Non-Discriminatory (“FRAND”) terms helps several industries to operate and serve customers. Ms. Rajput makes several interesting points, but these points are not grounded in reality and reflect logical inconsistencies.

"We have already presented many articles, citing experts in the field, saying that UPC would bring software patents to Europe.""There was a time when indentured servitude was considered to be a good thing. Thank God we are not living in those days. Today, it is a criminal offense. Same is true for licensing of SEPs. What was an excellent business practice in the 90s, is not a viable business strategy today. Out of the original five (Motorola, Ericsson, Nokia, Alcatel-Lucent, and Nortel), none remains in providing and manufacturing mobile phones. Rather, all are involved in patent licensing in some form or the other. The cross-licensing rates in those days cannot be used as a bench mark today."

Well, based on this new report from MIP, UPC remains a Trojan horse for FRAND and thus software patents in Europe (we wrote many articles about this around 2008). To quote MIP (behind paywall): "Our latest UPC scenario looks at a case involving a standard-essential patent. Michael Carter, Nick Cunningham and David Barron consider a defendant’s options in the new court system" (see this recent example).

"...it's imperative to rebut the claims which come primarily from patent lawyers, the EPO, and gullible journalists who just print whatever they're told by those former two groups."Readers should be made aware that in anti-FOSS lobbying circles (e.g. Business Software Alliance or Association for Competitive Technology) FRAND became a byword for software patents or incompatibility with FOSS. They try to phase FOSS out of existence, or simply make it arbitrarily taxable (see what Microsoft is doing to Linux and Android for instance), hence expensive and hard/impossible/verboten to redistribute. The UPC is a very dangerous thing. There is an article in German about it (just published, translations would be appreciated) and given the high (and growing) levels of misinformation in the media about the UPC, it's imperative to rebut the claims which come primarily from patent lawyers, the EPO, and gullible journalists who just print whatever they're told by those former two groups. ⬆ _____ * Suffice to say, the EPO is not European but an international body (exempt even from European laws). The only "European" thing about it is the staff. In spite of working for an international body, this staff is also European (EU citizens), hence should have European interests to defend, unlike the management (bossed by or made to please foreign stakeholders).

Recent Techrights' Posts

Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
 
Links 07/11/2026: "Flock Cameras Got Eviscerated by the Midterms" and Joshua Wong Shows China is Highly Repressive and Fully Controls Hong Kong
Links for the day
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day
Links 05/11/2026: Rule of Law Vanishing in Turkey, Joshua Wong Still Martyred by Chinese Regime
Links for the day
Gemini Links 05/11/2026: Classical Music, Politics, and Seeed Studio
Links for the day
Like Almost Every Slopfarm, UbuntuBuzz Seems to Have Thrown in the Towel
Linuxsecurity and Linuxiac (to some extent Linuxjournal) are still going, but for how much longer?
EPO 'Midterm' Elections Should Oust the Dictator
Tentatively a failure to secure another (unprecedented) reappointment before Christmas
Secret IBM Layoffs and Increase in PIPs (Silent Layoffs)
The media is failing to do its job
Links 05/11/2026: "Voice is Underutilized" and How Data Centres Lost the Midterm Elections
Links for the day
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026