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 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. 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



  2. 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



  3. 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



  4. 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



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

    Links for the day



  6. '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



  7. 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



  8. 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)



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

    Links for the day



  10. “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



  11. 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)



  12. 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



  13. 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



  14. 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



  15. 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



  16. 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")



  17. 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



  18. 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



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

    Links for the day



  20. 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



  21. 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



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

    Links for the day



  23. 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



  24. 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



  25. 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



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

    Links for the day



  27. 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



  28. Caricature: Battistelli's New Year's Resolution (More EPO Lies)

    The latest cartoon being circulated within the European Patent Office (EPO)



  29. Donald Trump Gives New Hope to Patent Aggressors and Patent Trolls

    Pessimism about the prospects of patent progress or patent reform in an age of staunchly pro-business Conservatives and glorification of protectionism



  30. More Fake News About the Unified Patent Court (UPC) Based on Lobbying Tactics From Bristows UPC and the Preparatory Committee

    Unified Patent Court (UPC) lobbying has gotten so bad that it now infiltrates general media outlets, where people are asked to just blindly assume that the UPC is coming and is inevitable, even though it's clearly in a limbo and is unlikely to see the light of day


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