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

09.04.16

There is No Future for the UPC in Spite of What the EPO and the Patent Microcosm Keep Telling Us

Posted in Europe, Patents at 2:38 pm by Dr. Roy Schestowitz

…Just saying there’s hope cannot in its own right make it happen

UPC article

Summary: A UPC-centric event is planned for this week, but the matter of fact is, the likelihood of the UPC ever becoming a reality (in any shape or form) is low and chances of passing it as-is are extremely slim

LATER this month the EPO will promote software patents (disguised as “ICT”) in the US, as we last noted here yesterday. Starting Tuesday, moreover, there will be a pro-UPC event. This was covered a month ago by MIP and recalled in Twitter, where MIP has said: “Join us for #UPC, #UnitaryPatent & #Brexit patent discussions in Munich & Paris on September 6 & 8 – new blog post” (no longer new).

Well, Brexit effectively axed the UPC (without the UK’s participation it’s back to the drawing board), but some try to prop it up anyway, especially Team UPC. The “Future of UPC [is] in limbo,” says the headline of this new article (screenshot above) from a patent maximalism site, Intellectual Property Magazine. As we explained here before (especially back in July), the UPC is effectively dead, if not on the ice for several years to come. The article above is behind a paywall, but here is the publicly-accessible part: [via]

When it comes to the future of the unitary patent, the only thing that is known for certain is that nothing is certain. The vote by the UK to leave the European Union has created significant uncertainty around the future viability and implementation of both the unitary patent (European patent with unitary effect or EPUE) and the Unified Patent Court (UPC).

While a final date for implementation of the unitary patent and UPC had not been set, delivery of these two landmark arrangements was on the home straight. After over 40 years in the making, the UK’s so-called ‘Brexit’ vote threatens to at best delay and at worst derail any chances of the unitary patent and UPC coming into force. So what are the prospects for their continued

“Another positive of the status quo is that the fragmentation of the EU litigation system may also have hindered trolls,” Benjamin Henrion wrote earlier today. He is right. We already covered the trolls angle of the UPC many times before. So did some authors like Dr. Glyn Moody. It’s not a theory or some mere hypothesis; it’s a fact. The UPC is a threat to the EPO itself, as we explained a couple of days ago.

The summary of the above article says: “While the fate of the Unified Patent Court and unitary patent remains undecided, what planning should in-house counsel do in the interim?”

“The UPC is a threat to the EPO itself, as we explained a couple of days ago.”Well, they can carry on as usual and stop wasting time, money and effort trying to usher in what will never happen. The UPC in its previous incarnation is nearly a decade old and it never got close to happening, in spite of all the lobbying and propaganda from the likes of Michel Barnier and Charlie McCreevy. Battistelli himself has lobbied for the UPC for a very long time and now he spends a fortune (at the expense of the EPO) doing these political stunts, presumably to get himself a top UPC position somewhere like Paris, France (based on rumours alone). The EPO even pays to have pro-UPC events in the US (home of the USPTO which is another territory altogether, where US giants pursue far more patents than they bother pursuing in Europe). The angle we typically look for with these events, as was the case in CeBIT and another upcoming US event, is software patents, or what they nowadays call “ICT” as a weasel word. We are also interested in how much money is spent on such events (a lot seems to have been wasted in Canada, as we noted last night). There is a lot of nefarious stuff going on there. For instance, a pro-UPC event in the US was organised with FTI Consulting money (the EPO pays it over a million Euros) sent to IAM, and EPO as the main/sole supporter of the event. How ridiculous is this? Remember that IAM also pretends to be covering news while producing material for the EPO like a propaganda mill.

“Battistelli’s attacks on SUEPO are extremely revealing.”Speaking of propaganda mills, the EPO just can’t help embarrassing itself by 'spamming' universities (at 5:20 AM on a Saturday in this one particular case!). Here is the latest example, about the thirtieth by our count. They are probably running out of European universities to ‘spam’ at this stage, thus choosing smaller and more obscure ones.

What the heck has happened to the EPO I used to respect and send letters to (for constructive thoughts, e.g. regarding patent scope)? My close friend, a university professor who pursued many EPO patents over the years (and got them), has already grown tired of the EPO’s declining quality/status and in his capacity as a head of research department he is now speaking to the university’s administration about reconsideration of their relations with the EPO.

Under Battistelli the EPO truly goes down the drain and unless staff of the EPO is able to put an end to this death spiral there won’t be jobs left for anyone. That would definitely harm Europe and Battistelli can go back to politics (where he came from) if something hits the fan. He’s well beyond retirement age anyway (same as Willy Minnoye, who some people recently thought was leaving).

Just because Battistelli sticks/attaches an “EPO” logo (button) to his lapel doesn’t mean he’s loyal to the EPO. I personally feel a lot more loyal to the EPO than Battistelli has ever been (he is totally clueless about patents and demonstrably averse to science). SUEPO is hardcore loyal to the EPO, and passionate about it too. Battistelli’s attacks on SUEPO are extremely revealing. These attacks have been broadened recently.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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. Links 20/9/2020: Flameshot Screenshot Tool 0.8, Okular Improvements and More

    Links for the day



  2. Reminder: Vice Chair of the Linux Foundation's Board is an Oracle Executive Who Used to Work for Microsoft

    The Linux Foundation issued statements to the effect of opposing Donald Trump, but its current leadership (people from companies like Oracle, Microsoft and IBM) is a strong proponent of doing as much business as possible with Trump (even in violation of international law)



  3. [Meme] How to Hijack Linux and Free Software to Make Them Proprietary and Microsoft-Controlled

    Intel keeps outsourcing almost everything (that's not proprietary with back doors, e.g. ME) to Microsoft's proprietary software prison, known as GitHub; to make matters worse, Intel now uses the Microsoft-hosted Rust to develop in Microsoft servers, along with Microsoft, code that promotes Microsoft proprietary software (e.g. Hyper-V) and non-standard 'extensions'.



  4. DDOS Attacks Against Us Lately

    (Distributed) Denial-of-service attacks or DDOS attacks have slowed down the site, but we treat that as evidence of suppression and fear (of what's to come and what was recently published), or accuracy (in reporting) rather than inaccuracy



  5. [Meme] Windows as Dead Man Walking (Patches Accelerate the Death)

    Microsoft is squeezing whatever life is left in its “burning platform” (which is already exceeded in terms of market share by Android) that has a "burning" (bricked) WSL with barely any users and plenty of critical problems



  6. We Let Them Get Away With Murder, But They Make up for It by Banning Words

    The Microsoft propaganda machines (notably ZDNet this weekend) are busy portraying Microsoft as a “good company” for censoring words, never mind the actual, meaningful, substantial actions of Microsoft, which is boosting authoritarian people who imprison even babies (for the ‘crime’ of being on the ‘wrong’ side of the border)



  7. High-Profile and Invalid (Invalidated) European Patents Harm the Presumption of Validity of European Patents

    The EPO's 'printing machine' (over-producing patent monopolies) is harming the legal certainty associated with such patents, helping nobody but deep-pocketed monopolists and law firms



  8. Epitaph for (Death of) Patent-Centric Media: Litigation Giant Bird & Bird Nowadays Doing Ads as 'Podcasts' in Think Tank Site 'Managing IP'

    Publishers don't hesitate and openly revel in taking bribes as if it's a badge of honour or importance, allowing themselves to be profoundly corrupted in pursuit of quick cash; we discuss what's happening in sites that pretend to cover patent news (but actually drive agenda of litigation giants, to the detriment of actual innovators)



  9. IRC Proceedings: Saturday, September 19, 2020

    IRC logs for Saturday, September 19, 2020



  10. Links 20/9/2020: 4MLinux 34.0 Released, September Release and EndeavourOS for ARM

    Links for the day



  11. Video: Free Communication With Free Software - Daniel Pocock - FOSSASIA Summit 2016

    The 2016 FOSSASIA talk from Daniel Pocock (Debian) about Free software alternatives to Google, Microsoft Skype and so on (Microsoft started paying Debian in 2016)



  12. [Meme] Microsoft Downtime... Now in 'Linux' (Wait a Month for Microsoft to Restore Uptime)

    Microsoft’s utter failure that is "WSL2" is bringing the failures Windows is so notorious for (loss of work, lack of security, fatal patches) to so-called ‘Linux’; the timeframe for a fix says a lot about just how much Microsoft “loves” Linux…



  13. Coming Soon: Microsoft Leaks (Which Microsoft Pressured Medium to Suppress and Promptly Unpublish)

    Microsoft is no ordinary company; exposing it is like dealing with the Mafia or some drug cartel in Mexico, but we're able to publish truths about Microsoft nonetheless (their notorious intimidation and silencing attempts have always failed against us)



  14. Dishonest Corporations -- Like Smug Politicians -- Pretend to be Something They're Not

    Corporate lies dominate the media, having been crafted by unethical marketing departments with their photo ops and hashtags



  15. GNU is Also a Brand, But It Boils Down to Philosophy and Principles, Not Greed or Corporate Identity

    Why the goal of GNU should be freedom rather than so-called 'world domination' (the objective of large firms with shareholders)



  16. IRC Proceedings: Friday, September 18, 2020

    IRC logs for Friday, September 18, 2020



  17. Links 19/9/2020: Taiwins 0.2 and a Call for Ubuntu Community Council Nominations

    Links for the day



  18. One Year Later Richard Stallman Needs to be Un-cancelled and Attention Turned to the Real Perpetrator of MIT Scandals

    The sheer hypocrisy, treating Stallman as the real nuisance to MIT when it was in fact Bill Gates who trafficked money through convicted sex criminals (to MIT); justice needs to be belatedly restored



  19. ZDNet's 'Linux' Section Isn't About Linux But About Microsoft

    ZDNet's so-called 'Linux' section isn't really about GNU/Linux; it's just the site's usual Microsoft propaganda, bought and paid for by Microsoft



  20. Debian's Network of Gossip and Gossipmongering in Debian-Private

    Reprinted with permission from Debian Community News



  21. More EPO Disclosures: An Explanation of How an EPO Survey Plots to Dismantle the EPO's Staff

    Dismantling the Office for the benefit of a bunch of private companies (taking over various duties of EPO staff) seems like the management's goal; included in image form (and text) below is today's publication. There's a PDF with text (not OCR) but it contains metadata.



  22. Forced Confessions and Thought Control in Debian

    Reprinted with permission from Debian Community News



  23. [Meme] You Cannot Elect/Vote Corporations Out of Power (Eternal Vigilance is Required)

    Based on early polls, Biden will be president-elect in about a month and a half; but it’s important to remember that the election (if honoured by the current tenant of the White House) won’t be the end of corporate abuse of power in the same sense that driving Microsoft out of business won’t miraculously mean that Free software ‘won’ (we have a lot more to confront still)



  24. Debian Volunteers Disallowed and Forbidden From Talking About Politics (Unlike Debian's Aristocracy That Handles All the Money From Sponsors)

    Reprinted with permission from Debian Community News



  25. Political Compass for Free Software (and Those Who Attack Software Freedom)

    With RMS (the father of the movement) betrayed from multiple angles (OSI, Linux Foundation etc.) it’s probably important to depict what’s going on, quasi-politically speaking



  26. Richard Stallman Has Not Changed His Tune at All

    Richard Stallman's (RMS) principled views regarding software go back to the days of zeroes and ones; his position 35 years ago was almost indistinguishable from today's position



  27. IRC Proceedings: Thursday, September 17, 2020

    IRC logs for Thursday, September 17, 2020



  28. Keith Packard: Richard Stallman Was Right (About the GPL)

    A 2020 video (before lock-downs) from the brain behind X11 and various lesser-known projects



  29. The Quandary of 'Ethical' Sponsors and One's Ability to Criticise Them (Otherwise It's a Potential Bribe in Exchange for Censorship of Critics)

    When Free software advocacy groups are indebted to companies that greatly harm people's freedom (including privacy) we have to ask ourselves questions regarding morality and ethics because money isn't inherently evil, it depends who or where it comes from (on what implicit conditions)



  30. When Attempting to Run for Debian Project Leader (DPL), Only to Realise the Process is Rigged (and Censored) to Protect Past Leaders

    Reprinted with permission from Debian Community News


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