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

06.20.16

New Paper Demonstrates That Unitary Patent (UPC) is Little More Than a Conspiracy of Patent ‘Professionals’ and Their Self Interest

Posted in Europe, Patents at 3:47 am by Dr. Roy Schestowitz

“When asked by Ars, the EPO’s spokesperson mentioned the imminent arrival of the unitary patent system as an important reason for revising the EPO’s internal rules…”

Dr. Glyn Moody

Unitary Patent expert teams

Summary: Dr. Ingve Björn Stjerna’s latest paper explains that the UPC “expert teams” are in fact not experts but people who are using the UPC as a Trojan horse by which to promote their business interests and corporate objectives

THE UPC is not “unitary”, it is not “EU”, and it is not “Community” (as it used to be labeled). It is a patent lawyers’ wishlist and they are getting close to making this wishlist European law and practice. This is extremely dangerous and it’s rather clear who this is going to serve. Battistelli’s EPO, which is in the pockets of large corporations, obviously supports the UPC. Battistelli himself has supported the UPC (in previous incarnations thereof) for well over half a decade. He travels to the UK amid referendum to promote his agenda. This ENA graduate knows the drill and it’s certainly not serving the public (as those sufficiently familiar with ENA politicians probably know all too well by now).

“Battistelli himself has supported the UPC (in previous incarnations thereof) for well over half a decade.”Here in the UK we have what can be viewed somewhat like “moles”, or people whose role in the British economy is rather parasitic. They want more for themselves at the expense of those who produce things, such as software. They want software patents and they want the UPC. As we noted here before, Bristows are some of the biggest UPC propagandists out there (also for software patents) and Brian Cordery who is affiliated with Bristows now says that the “reshaping of UK patent litigation by the Judges coincided with the decision by many multinational companies in all sectors to coordinate their European patent litigation more and more – to devise, stress-test and implement strategies in key cases. Many UK law firms were chosen to assist their clients in this process which enabled these firms to gain a wider perspective and provide more joined-up advice to their clients.”

How revealing. He then admits that there is a “microcosm of patent litigation” in the mix. To quote: “It seems to the author that in the microcosm of patent litigation, sharing views and learning from each other has led to improved practices across the continent. Now we are of course on the brink of the most exciting development in European patent litigation for nearly half a century. The Unified Patent Court represents an enormous challenge – and an enormous opportunity – to all UK patent litigators. If the UK votes to leave the EU next week, the future of the UPC is uncertain although the future of the UK’s part in the UPC will be clear enough. What would this mean for UK patent litigation? Maybe not so much in the short to medium term – it is not unreasonable to suppose that the English Patents Court might become akin to its counterparts in Canada or Australia – still a venue for patent cases of high value and/or strategic importance. But how much more exciting would it be to shape the UPC which surely has the potential to become the world’s most attractive forum for patent litigation by the end of the next decade?”

“The problem is, the people who engineered the UPC, as the above admits, are people who stand to profit from it.”So UPC “has the potential to become the world’s most attractive forum for patent litigation,” right? Don’t we all love litigation as much as patent lawyers do?

The problem is, the people who engineered the UPC, as the above admits, are people who stand to profit from it. Members of the general public were excluded, as noted here many times before, and Dr. Ingve Björn Stjerna, a longtime opponent of the UPC and its predecessors, has a new paper about it, having just published a whole book on the subject. We have already written a great deal about the UPC being all about rigged panels (excluding particular points of view), which effectively makes it a coup in broad daylight. In the words of Ingve Björn Stjerna: “There have probably rarely been legislative proceedings of such technocratic nature as those on the European “patent package”. Patent practitioners, especially judges and members of the legal profession, have been involved extensively in order to use their experience for the new system. An important role in this is played by the Preparatory Committee of the Unified Patent Court which is entitled to appoint so-called “expert teams” for its support and advice. Conflicts of interest do not seem to play a role when it comes to filling the positions of these teams. Appointments from the legal profession, the members of which often have significant financial interests in the realisation of the “patent package”, have repeatedly been made in favor of the same individuals from only a few law firms. Some of these persons use their membership for promoting the advocacy services of their law firms. These “expert teams” and their composition will afterwards be given a closer look.”

Here is the direct link to the PDF in English (there is also one in German). “The “expert teams” of the Preparatory Committee,” he explains, is an “[a]rticle on the composition of the “expert teams” of the Preparatory Committee for the Unified Patent Court and on the participation of members from the legal profession “in their personal capacity” (16/06/2016)”

“Perhaps it’s time to start a broad, Europe-wide information campaign about the UPC.”Well, it sure looks like the UPC might never become a reality at all. Even the EPO quit pretending that this is inevitable. Are politicians even aware of what it is they are ratifying and where it came from? Do they care? Perhaps it’s time to start a broad, Europe-wide information campaign about the UPC. We recently heard that FFII might be interested in pursuing this.

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. US Supreme Court (SCOTUS) Keeps Introducing Changes to Patent Law and Patent Policy Under the Trump Administration Still Looks OK

    Judging by what we are seeing so far this year, the US patent system won't be going back into the sordid mess it once was, thanks in part to the Justices of the US Supreme Court and the America Invents Act, signed into law over half a decade ago



  2. Leaked: Team Battistelli, Exploiting a Controversial Decision From the Netherlands, is Trying to Squash SUEPO

    The latest leak suggests that Battistelli not only celebrates immunity from the law but also uses that to take further steps against the Staff Union of the EPO (SUEPO)



  3. Dr. Ingve Björn Stjerna: UPC's “Entry Into Force is Not at all Secured,” Contrary to What Team UPC Says

    The ludicrous notion that the UPC is inevitable and just a matter of time is challenged by longtime UPC observers, including Dr. Ingve Björn Stjerna, who wrote an entire book on the subject



  4. Media Blasts EPO Over Immunity Amid Suicides, Battistelli's Behaviour Compared to Dominique Strauss-Kahn's

    Backlash in the Netherlands is growing again, primarily as a result of media reports about the EPO's abuses against basic rights and the government's reluctance to put an end to these abuses



  5. Hilarious: Battistelli Goes to Former French Colony With No Patents to 'Buy' the EPO a Perception of Legitimacy

    Having toured various banana republics in pursuit of easy-to-sign deals, Battistelli now goes to Cambodia again, in order to make it seem as though the EPO is conquering Asia



  6. Patent Trolls Like Finjan Holdings and Thomas Edison; the Latest Loss for Software Patents in the US and Their Move to China

    A look at the very latest patent news, which suggests further improvements in the US, pushback from the patent microcosm, and an outsourcing of a terrible system to Chinese territories, where the overpatenting plague grows rapidly



  7. Still Waiting for Official Confirmation That Michelle Lee Will Head the Patent Office Under Donald Trump's Administration

    As of today, there is still no official word on whether or not Lee continues her tenure, which saw the demise of patents on software and along with that the demise of patent trolls and frivolous litigation



  8. Links 23/1/2017: Wine Releases, Microsoft Layoffs

    Links for the day



  9. 'Reform' at the EPO Means Destroying the Staff Union, Crushing Patent Examiners, and Imposing on Europe a System It Does Not Want (UPC)

    The chaotic transition at the EPO -- a transition from something which has been workable to something intolerable -- and the role of the Unitary Patent (UPC), which lurks in the shadows and threatens to harm the whole of Europe



  10. Shakeup Against Patent Parasites in the US and More Rumours/Speculations About USPTO Director Michelle Lee After Trump's Inauguration

    The US patent system is becoming ever more hostile towards patent trolls, owing in part to reforms introduced under Michelle Lee's tenure, but people are still not certain that she will maintain her job and continue to fix the system



  11. EPO Abuses Now Make the Netherlands Look Like a Facilitator of Human/Labour Rights Abuses

    Rather than crack down on human rights abuses, the Dutch government now sends out the signal that it's an island for those wish to violate human rights whilst enjoying immunity (EPO)



  12. Links 20/1/2017: Docker 1.13, Linux 4.4.44 LTS

    Links for the day



  13. “Federal Circuit Had Affirmed on Every Issue in 77.4% of the Patent Trial and Appeal Board Appeals it Had Seen” in 2016

    The Federal Circuit (CAFC) and Patent Trial and Appeal Board (PTAB) continue to squash a lot of patents on software, in contrast to that fake news from patent maximalists



  14. Kudelski Group Not Only Acts Like a Patent Troll But Also Run by Intellectual Ventures Person; Mobile Market in Dire State of Patent Armageddon

    The patent thicket which pervades everything that is used by billions of people, mobile technology in particular, can be traced back to a lot of non-practicing parasites (or patent trolls)



  15. Watchtroll and His Swamp Still Blame Google (Where Michelle Lee Came From) for Improving and Gradually Fixing Aspects of the US Patent System

    Shooting the messengers (even wrongly associating yours truly with Google) in an effort to undermine patent reform when it is so desperately needed due to serious injustices



  16. In an Age of Necessary Patent Reform and Permanent Uncertainty for Software Patents the Patent Microcosm Looks for Workarounds and Spin

    Commentary on the status quo in the Michelle Lee era and some examples of bias from the patent microcosm, as well as news regarding the NFL getting sued by the Kudelski Group



  17. Michelle Lee, USPTO Director, Should Recognise That the Patent Microcosm is Her Enemy Which Hates Her

    The latest outburst from the patent microcosm, which has a temper issue and notorious disdain for judges it does not agree with, is more of what we have come to expect



  18. Battistelli is an Autocrat Above the Law and It's OK, Holland's High Council Says

    Battistelli's autocratic tendencies will not be challenged by Dutch authorities, in spite of sheer condemnation from many groups all across Europe and the entire world



  19. Beware Fake News About the Unitary Patent (UPC)

    The UPC is dead, deadlocked, stuck, in a limbo and so on; those who claim otherwise are merely lobbying (in disguise of "analysis" or "news")



  20. Shame on MapR for Pursuing Software Patents While Pretending to Stand for Free/Open Source Software

    The patents gold rush sees another company joining the 'fun', albeit this company should campaign hard against software patents rather than pursue any



  21. Doomsday Scenario in the Back Mirror as Michelle Lee Keeps Her Job (and Much-Needed Patent Reform) at the USPTO

    The future of patent reform, i.e. tackling overpatenting and patent trolls, looks somewhat more promising with today's confirmation of Lee's 'extended tenure' at the Office



  22. Links 19/1/2017: PulseAudio 10.0, Linux 4.9 Longterm Kernel

    Links for the day



  23. Corporate (Wall Street) Media Agrees That Brexit Dooms the Unitary Patent (UPC)

    The nonstop lies or the fake news about the UPC starting "real soon now" don't quite pass a reality check or a basic assessment based on fundamental concepts, such as the UPC's facilitation of subordination (to Europe) in the United Kingdom



  24. Farce of an 'Independence' for the Boards of Appeal as Another Ally of Benoît Battistelli Enters as Parasite Inside the 'Overseer'/Host

    The latest cluster of lies from the President of the European Patent Office (EPO) and direct refutation of false claims of independence for the Boards of Appeal, where the former Vice-Presidents can flock, just like the Mini Minion (Minnoye) of Battistelli



  25. Links 18/1/2017: Red Hat's OpenShift 3.4, Mozilla's New Logo/Branding

    Links for the day



  26. Union-Busting Action by Team Battistelli Takes Heavy Toll, Techrights Will Continue to Expose EPO Injustices to the World

    The Staff Union of the European Patent Office, SUEPO, which faced unprecedented and probably illegal (based on local laws) attacks, is being weakened by the worst President ever, whose own management team seems to be collapsing along with the institution he is destroying in just a few years



  27. A Lot More Fake News About the UPC, Trying to Convince People That the UK is Ratifying (It's Not, It Cannot)

    Response to some of the latest misleading (self-serving) whispers about the fate of the Unified Patent Court (UPC), which is in a deadlock due to Brexit



  28. Rumours Suggest That EPO Management is Aware of Decline in Patent Quality and is Thus Actively Lying About it to the Media/Public

    Whenever Battistelli brags about patent quality he may be consciously and deliberately lying through his teeth if the latest rumours are correct



  29. Links 17/1/2017: GIMP Plans, New Raspberry Pi Product

    Links for the day



  30. Resumption of EPO Propaganda ('Meet the President') Officially Starts Tomorrow

    Yet another one of these foolish 'Meet the President' stunts, scheduled to take place tomorrow morning


CoPilotCo

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

CoPilotCo

Recent Posts