06.29.16

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The Latest Lies About the Unitary Patent (UPC) Would Have Us Believe That It’s Alive and Well

Posted in Deception, Europe, Patents at 5:05 am by Dr. Roy Schestowitz

Like asking an umbrellas salesman about the upcoming weather

Peter Popoff
Reference: Peter Popoff

Summary: How patents-centric sites (some of which are in bed with the EPO) have responded to the ‘Brexit’ vote and why they’re not telling us the truth about the Unitary Patent scam (often created and promoted by the same people who run and/or fund such sites)

THERE’S increasingly strong evidence suggesting that Battistelli’s EPO is in a state of meltdown and lockdown (like an army base). It would be hilarious if this wasn’t so serious an institution (unlike FIFA), on which a lot of Europe’s future rests and where people’s lives are being severely ruined by one reckless manager who has a God complex. Recently, Battistelli’s biggest project caught on fire [1, 2] and the conspirators behind this project now rush to put out the fire (if they can). In this article we intend to show that this is still going on. Rebuttals are necessary if not imperative.

“Recently, Battistelli’s biggest project caught on fire and the conspirators behind this project now rush to put out the fire (if they can).”Putting aside some spammy press releases about newly-granted EPO patents (insiders say that patent quality significantly declined), let’s look at what UPC propagandists who are in the EPO’s (or Battistelli’s or the EPO's PR agency's) pocket say about ‘Brexit’. Their slogan right now is “keep calm and continue”. They are still trying to wish people’s way into the UPC (also in the UK!) even if it’s dead/dying as a whole. IP Kat, which spent years promoting the UPC (not Merpel but mostly her Bristows colleagues), published yesterday “A possible way for a non-EU UK to participate in the Unitary Patent and Unified Patent Court?”

This wrongly assumes/insinuates that the Unitary Patent can happen (any time soon) without the UK.

Quite a few revealing comments are in there (regarding the bias of the audience on this matter, as a lot would personally benefit from the UPC at the expense of everyone else in Europe). We don’t wish to amplify the UPC promotion by quoting much from there, but to quote just one comment: “Self-serving wishful thinking at best, given that Prof. Tilmann is “member of the UPC Rules of Procedure Drafting Committee and of the Expert Group for the UPC Preparatory Committee” as well as being part of a legal profession eager (to put it mildly) to start work in the UPC.”

We wrote about Tilman Müller-Stoy’s letter two days ago. He has been part of a conspiracy of patent law firms that tried to pass the UPC. To quote another comment:

It is amazing how imaginative some members of the legal profession, starting with Mr Tilmann, try to avoid the consequence of the Brexit when it comes to the UP/UPCA.

I fully support the anon/Charley of 20.39BST when he considers Mr Tillmann’s position as self-serving wishful thinking at best. I have rarely seen such a pro domo statement.

The day Points 4,a) and 4,b) in the “way forward” will be implemented pigs will fly. Amending Art 84UPCA is a no go!

The same applies with point 4,d). Do you really think that the UPC is such a fundamental point that it will find its way in the Brexit agreement as it is wished here? Please come back on Earth.

What is superbly ignored here is Opinion 1/09. The UP and the UPCA is not open to non-member states of the EU. That is the end of any loop-hole for keeping the UK in the system be it before or after the actual Brexit (Art 50 Lisbon Treaty).

Anything else is not only wishful thinking but clear nonsense.

It is difficult to understand why “The IPKat is delighted to receive [such a] paper”. I am disappointed wíth IPKat in view of this statement.

“UPC without the UK might be opening a box of Pandora of new language-based arguments,” this one person explained (there’s plenty more in there) and “English is one of the 3 languages used for EU patents,” Benjamin Henrion argued yesterday. “This gives English-speaking companies competitive advantage” (see the article titled “The EU may drop English as their official language” in light of ‘Brexit’).

“To pretend that ‘Brexit’ has no implications and that the UPC would be just fine in spite of it isn’t just wishful thinking. It’s deliberately misleading and it puts patent law professionals in a bad light.”Don’t believe even for a second that everything is OK for the UPC. The UPC propagandists spent years telling us that it was unstoppable and inevitable, but guess who was realistic all along? We were actually right about their optimism being little more than a self-fulfilling prophecy strategy, which included setting up courts and advertising jobs before there’s any confirmation of UPC in the UK. What a bundle of scandals. What an utter attack on democracy, both European democracy and British democracy (what remains of it).

We are quite frankly fed up with all the UPC propaganda and we hope that people will realise that the UPC circles — those who stand to benefit from it — are not credible or reliable on this matter. They try to mislead the public and induce defeatism among their opposition. Watch FB Rice’s Steve Gledhill stating in his new ‘analysis’ that after ‘Brexit’ it is “Business as usual for IP rights” (to quote the title). The reality is, a lot is about to change, whether those who are in denial care to acknowledge it or not. “Despite the significant political upheaval Brexit has caused, it is business as usual for European IP rights,” Gledhill argues, but he does not deal specifically with UPC (probably because that would completely shatter the whole premise of his ‘analysis’).

“Dishonesty isn’t what people pay $400/hour for.”As a Remain supporter myself, I am not happy to see ‘Brexit’. We may be losing our competitive advantage soon (English going down the languages ladder, Ireland notwithstanding). To pretend that ‘Brexit’ has no implications and that the UPC would be just fine in spite of it isn’t just wishful thinking. It’s deliberately misleading and it puts patent law professionals in a bad light. Dishonesty isn’t what people pay $400/hour for.

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