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

06.29.16

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.

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. Outsourcing to Microsoft and Openwashing as a Service (OaaS): This is the Linux Foundation in 2019

    The concept of "Open" at the Linux Foundation gives room for thought; are things really being opened or mostly marketed as "Open" and, if so, is the Foundation more like a marketing agency?



  2. Links 23/8/2019: Wine 4.0.2 Released, Removing Qt 4 From Ubuntu

    Links for the day



  3. Links 22/8/2019: KDE ISO Image Writer, GNU Parallel ‘Jesper Svarre’

    Links for the day



  4. Guarding and Rescuing the FSF Titanic: A Free (as in Freedom) Library, and Federation of Advocates

    "This library is not just for cultural works, but also for software."



  5. Linux Foundation's Linux.com in 2019: Zero Articles (Nothing Original) and a Terrible, Rookie New Design

    Linux.com has become a curated syndicator of news (edited by one single Microsoft proponent); the site has also eliminated its traditional design in favour of something only 'hipsters' can appreciate



  6. Managing IP as Team UPC's Megaphone and Lobbying Front

    Managing IP is lying on behalf of Team UPC yet again; the site's long history promoting the UPC hasn't ended even when prospects of the UPC are slim to none



  7. No More Rights for EPO Staff?

    The oppression and the crackdown on labour rights in Europe's second-largest institution has deepened to the point where staff is paid as little as is legally possible



  8. Links 22/8/2019: GNOME 3.33.91, Systemd 243 RC2, Cockpit 201, Ubuntu Touch OTA-10, FreeIPMI 1.6.4

    Links for the day



  9. Some Patent Attorneys Dislike Techrights Not Because It's Wrong But Because Software Patents Are Wrong (and Sometimes Illegal)

    Odd rants which misuse common law and ignore alleged Fair Use (and misinterpretation of copyright law, for censorship purposes) would have people believe that we're wrong; but it's more likely that the person in question is jealous, insecure, or offended by our stance on patent scope, which is very much rooted in the law itself (and the views widely held by software developers globally)



  10. Guarding and Rescuing the FSF Titanic: Distro-libre and feature-schema

    "Every time a distro does not suit a user's purposes, and it is less work to adapt the distro on one's own than to affect the distro in any other way, a distro is born."



  11. Links 21/8/2019: Dell's XPS 13, Mesa 19.2 RC1, Librem Update

    Links for the day



  12. Links 21/8/2019: Open Source POWER, Alpine 3.10.2, Netrunner 19.08

    Links for the day



  13. Edward as a Nodder to Team UPC Kool-Aid

    Bristows LLP is at it again and it's getting pathetic, not just dishonest as usual



  14. Guest Post: António Campinos' European Patent Office Redefines Modern Slavery in the Heart of Europe in 2019

    The European Patent Office’s (EPO) President António Campinos — like his predecessor Battistelli — emulates Chinese labour practices



  15. Guarding and Rescuing the FSF Titanic: There is More Than One Iceberg Ahead

    "This strategy is not far from when Microsoft talked about "de-commoditizing protocols" in the late 90s, as part of their plans to control, dominate, and end Open Source and Free software."



  16. EPO Cannot Handle Patent Justice With a Backlog of About 10,000 Cases at the Boards of Appeal

    The EPO's long war on judges and on the law has proven to be costly; it's difficult to pretend that the EPO functions like a first-world legal framework



  17. The European Patent Office Increases Surveillance: Can't Get Food Without Being Spied on

    The infamous "War on Cash" has been 'won' at Europe's second-largest institution, where people's diet can now be monitored and indefinitely retained on the system



  18. To GNU/Linux, the Operating System, GAFAM (Google, Apple, Facebook, Amazon, Microsoft) is Not the Threat. Microsoft is.

    Don't let Microsoft get away with its bogus narration; GNU/Linux is primarily under attack from Microsoft, whereas Software Freedom in general is under attack from many directions



  19. The Free Software Foundation (FSF) Has the Full Support of Techrights

    Our support for the FSF is strong enough that we want to occasionally suggest improvements; there are growing frictions designed to isolate the FSF and cause self-restraint/censorship



  20. Why We Support Phoronix (Whereas Some Others Do Not)

    Some people try to characterise Michael Larabel as the 'bad boy' of Linux even though Michael is probably the hardest working Linux journalist out there



  21. Guarding and Rescuing the FSF Titanic: The Simplest Ways that AI will Change Computing

    "AI is already used to help kill people. We should be cautious, and know that the best rules we come up with (like no doing magic outside the school grounds) won't be followed all the time."



  22. Links 20/8/2019: DragonFlyBSD Developing DSynth

    Links for the day



  23. Guarding and Rescuing the FSF Titanic: Narcissism in The Community

    "Narcissists are drawn to intelligent people. They take great pleasure in attacking, controlling and defeating intelligent people because it makes them feel smarter and more important."



  24. Breaking the Law Has Become the Norm at the European Patent Office

    The European Patent Office’s ongoing practice of destroying critics/whistleblowers and crushing unions, judges, examiners etc. — as well as threats and bribery of the media — ultimately mean a perpetual state of lawlessness that, if it prevails, will let patent trolls raid the European economy and stall innovation



  25. Links 20/8/2019: KMyMoney 5.0.6, Kdenlive 19.08

    Links for the day



  26. Guarding and Rescuing the FSF Titanic: Free Software in Education

    "If everyone learns to code, then everyone gains some understanding of how to code in other languages."



  27. Links 19/8/2019: Another Linux 5.3 RC, OpenSUSE's Richard Brown Steps Down, Slackware Creates Patreon Page, Qt 6 Initiated

    Links for the day



  28. Speaking Truth to Monopolies (or How to Write Guest Posts in Techrights)

    We need to have more articles tackling the passage of all power — especially when it comes to software — to few large monopolies that disregard human rights or actively participate in their abolishment in the digital realm



  29. Guarding and Rescuing the FSF Titanic: Free as in Speech

    "While a new breed of so-called anarchists campaign against expression that even the state allows, people are also foolishly overplaying the relevance of the state to free speech issues -- as if it's not a freedom issue when a project is increasingly thought-policed, because the thought-policing isn't on a state level."



  30. Toxic Culture at Microsoft

    Racism, intolerance, sexism and bullying are rampant at Microsoft; but Microsoft would rather deflect/divert/sidetrack to Google and so-called 'GAFA'


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