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

10.09.16

The UPC is Dead, Says Opinion Partly Funded by Team UPC, But Patent Scope in Europe Remains an Issue

Posted in Europe, Patents at 9:56 am by Dr. Roy Schestowitz

UPC, RIP

Summary: The endless lobbying and selfish aspirations of Team UPC are going nowhere but the grave, albeit the scope of patents at the EPO (related to litigiousness and spurious/frivolous lawsuits) is still a cause for concern, especially now that Battistelli turns the EPO into another SIPO or INPI (rubberstamping operation with no effective controls)

THE UPC is in complete and utter disarray. We hardly ever hear about the UPC anymore, especially since the (in)famous speech of the British Prime Minister. A few days ago we saw Bristows LLP/UPC, a key British component of Team UPC, saying that Richard Gordon’s opinion “provides limited comfort” (this was also mentioned in IP Kat, where a lot of the UPC boosters hang out these days)

“We hardly ever hear about the UPC anymore, especially since the (in)famous speech of the British Prime Minister.”Who is this of “limited comfort” to? Team UPC, surely. The back room schemers and liars don’t want to accept that the UPC is dead, if not only in the UK then in Europe as a whole. As Bristows reveals, it actually sponsored this ‘opinion’, so it’s about as legitimate as those 'studies' Battistelli will present this coming week. To quote Bristows (emphasis ours): “The opinion of Richard Gordon QC and Tom Pascoe (here) has been widely reported as providing reassurance that there are no legal difficulties in the way of the UK participating in the UPC post-Brexit. As one of the sponsors of the opinion, Bristows does not share this viewpoint. The opinion merely reaches its conclusions “on balance” and other views remain perfectly credible. Moreover, it is a purely legal analysis and does not, of course, comment upon the political realities of the requirements it sets forth. The opinion makes it very clear that several boxes would have to be ticked in order to maximise the chances of the CJEU deeming the system legal, which are more or less inconceivable in the present political climate, especially following the Prime Minister’s speech at the recent Conservative Party conference. At least in the short term there is virtually zero chance of the UK ratifying the UPC Agreement, and the real question arising is: what are the longer term prospects for salvaging the UPC project – with UK participation?”

“Bristows is also, unsurprisingly, lobbying for software patents and all things that patent trolls love. It’s all about patent and litigation scope. For them, the more the merrier.”Nothing. Forget about it. Deal with the fact that you advertised fake jobs that did not exist and probably will never exist. That’s how unethical the people of Bristows have become and this is why we don’t merely single them out; we just know who the enemy of a sane patent system is. Bristows just wants lots of lots of litigation; that’s what Bristows profits from. Don’t let them get their way as any litigation comes at the rather great expense of people who actually produce things or buy things. Bristows is also, unsurprisingly, lobbying for software patents and all things that patent trolls love. It’s all about patent and litigation scope. For them, the more the merrier.

In other news, patents on genetics have taken a massive blow because according to this new report:

The 9-month-old patent battle over CRISPR, a novel genome-editing tool that could have immense commercial value, has taken two surprising twists.

[...]

In last week’s filing, attorneys for the Broad Institute asked patent officials to remove two of its issued patents that focus on saCas9 from the original case, as well as two other patents (and a few affiliated claims in other patents) that describe techniques for enabling the CRISPR-Cas9 construct to target the nucleus of a eukaryotic cell.

Patents on life, along with patents on algorithms, are extremely controversial. For good reasons, too. Both appear to be on their decline/demise in the US right now (if not globally). Companies know this. Recall Mayo.

“Patents on life, along with patents on algorithms, are extremely controversial. For good reasons, too.”Meanwhile, regarding the EPO Hepatitis C patent/s which we mentioned here the other day (expectation of decision noted a week earlier), there are more articles about the subject [1, 2, 3, 4] and to quote one of them: “Following the development from the EPO, MdM already claims that “the EPO’s decision means that sofosbuvir in itself is not protected by a patent any more.” However, Gilead was quick to refute the claim. STAT news quotes a Gilead spokesman’s statement which maintained the patent.”

There are various groups that combat patent maximalism in medicine. One of them the opportunists in the EPO now try to associate with for cheap PR stunts. “To support #MedsPaL,” the EPO wrote, “we are working in close collaboration with @inapichile, @EPOorg & @OnapiRD.”

Fro those who don’t know what MedsPaL is, see this new article from IP Watch. To quote:

A new database was launched this week to facilitate navigation through the patent field and increase transparency surrounding the patent status of medicines and licences.

The Medicines Patent Pool (MPP), Chile’s National Institute of Industrial Property (INAPI), and global health initiative UNITAID held a side event at the WIPO General Assemblies on 5 October. The event was held to present “MedsPaL”, the MPP’s Medicines Patent and Licenses Database, discuss the difficulties in navigating the patent field, and report on the activities by regional and national patent offices, which could inform and build on the new database.

Why would MedsPaL wish to be associated in any way with the EPO, where abuses against people are so frequent and cancer patients are shamefully disliked? And speaking of association issues, Research and Markets seems to have taken an interest in the EPO [1, 2] and it plans to give seminars in London next month. To quote a portion from one of those two new press releases:

The problem/solution’ approach is not officially part of the EPC, but is a criterion which has been developed by case law. It is now is hard to find a decision of the Boards of Appeal which do not rely on the problem/solution approach in order to decide upon inventive step. It looks easy, but when applied, it should be applied correctly. This is not just a formal matter, but a substantial issue of first importance.

One thing that Research and Markets overlooks is that today’s EPO violates the EPC on a regular basis, e.g. [1, 2]. It also attacks the Boards of Appeal (see, e.g., [1, 2, 3, 4]), the body/apparatus that’s supposed to ensure high patent quality at the EPO and can no longer properly do its job because of understaffing, lack of independence etc. — especially now that Battistelli puts a mortal end to patent quality at the Office (necessitating these boards the most).

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. Links 21/5/2019: China's GAFAM Exit, DragonFlyBSD 5.4.3

    Links for the day



  2. Links 20/5/2019: Linux 5.2 RC1, LibreOffice 6.3 Alpha, DXVK 1.2.1, Bison 3.4 Released

    Links for the day



  3. South Korea's Government Will Show If Microsoft Loves Linux or Just Attacks It Very Viciously Like It Did in Munich

    Microsoft's hatred of all things GNU/Linux is always put to the test when someone 'dares' use it outside Microsoft's control and cash cows (e.g. Azure and Vista 10/WSL); will Microsoft combat its longstanding urge to corrupt or oust officials with the courage to say "no" to Microsoft?



  4. Links 19/5/2019: KDE Applications 19.04.1 in FlatHub and GNU/Linux Adoption

    Links for the day



  5. The War on Patent Quality

    A look at the EPO's reluctance to admit errors and resistance to the EPC, which is its very founding document



  6. Watchtroll, Composed by Patent Trolls, Calls the American Patent System “Corrupt”

    Another very fine piece from Watchtroll comes from very fine patent trolls who cheer for Donald Trump as if he's the one who tackles corruption rather than spreading it



  7. Unified Patent Court Won't Happen Just Because the Litigation Microcosm Wants It

    Unified Patent Court (UPC) hopefuls are quote-mining and cherry-picking to manufacture the false impression that the UPC is just around the corner when in reality the UPC is pretty much dead (but not buried yet)



  8. Links 17/5/2019: South Korea's GNU/Linux Pivot, Linux 5.1.3

    Links for the day



  9. Q2 Midterm Weather Forecast for EPOnia, Part 4: Happy Birthday to the Kötter Group?

    This year the Kötter Group commemorates the 85th anniversary of its existence. But is it really a cause for celebration or would a less self-congratulatory approach be more fitting? And does it create the risk that a routine tendering exercise at the EPO will turn into Operation Charlie Foxtrot?



  10. Links 16/5/2019: Cockpit 194, VMware Acquires Bitnami, Another Wine Announcement and Krita 4.2.0 Beta

    Links for the day



  11. The EPO's Key Function -- Like the UPC's Vision -- Has Virtually Collapsed

    The EPO no longer issues good patents and staff is extremely unhappy; but the Office tries to create an alternate (false) reality and issues intentionally misleading statements



  12. Stanford's NPE Litigation Database Makes a Nice Addition in the Fight Against Software Patent Trolls

    As the United States of America becomes less trolls- and software patents-friendly (often conflated with plaintiff (un)friendliness) it's important to have accurate data which documents the numbers and motivates better policy; The NPE (troll) Litigation Database is a move towards that and it's free to access/use



  13. Q2 Midterm Weather Forecast for EPOnia, Part 3: “Ein kritikwürdiges Unternehmen”

    A brief account of some further controversies in which the Kötter Group has been involved and its strained relations with German trade unions such as Verdi



  14. EPO Had a Leakage Problem and Privacy of Stakeholders Was Compromised, Affecting at Least 100 Cases

    The confidentiality principle was compromised at the EPO and stakeholders weren't told about it (there was a coverup)



  15. Links 15/5/2019: More Linux Patches and More Known Intel Bugs

    Links for the day



  16. False Hope for Patent Maximalists and Litigation Zealots

    Patent litigation predators in the United States, along with Team UPC in Europe, are trying to manufacture optimistic predictions; a quick and rather shallow critical analysis reveals their lies and distortions



  17. The Race to the Bottom of Patent Quality at the EPO

    The EPO has become more like a rubber-stamper than a patent office — a fact that worries senior staff who witnessed this gradual and troublesome transition (from quality to raw quantity)



  18. Q2 Midterm Weather Forecast for EPOnia, Part 2: Meet the Kötters

    An introduction to the Kötter Group, the private security conglomerate which is lined up for the award of a juicy EUR 30 million contract for the provision of security services at the EPO



  19. Links 14/5/2019: Red Hat Satellite 6.5, NVIDIA 430.14 Linux Driver and New Security Bug (MDS)

    Links for the day



  20. Links 14/5/2019: GNU/Linux in Kerala, DXVK 1.2, KDE Frameworks 5.58.0 Released

    Links for the day



  21. Q2 Midterm Weather Forecast for EPOnia, Part 1: Urgent Shitstorm Alert

    Experts at the European Patent Office's (EPO) weather observation station have just issued an urgent alert warning about a major shitstorm looming on the horizon



  22. Patents That Were Gleefully Granted by the EPO Continue to Perish in Courts

    The decreasing quality of granted European Patents already becomes a growing problem if not a crisis of uncertainty



  23. Links 13/5/2019: ExTiX 19.5 and GNU Radio Conference 2019

    Links for the day



  24. The Microsoft Guide to the Open Source Galaxy

    Thou shalt not...



  25. Microsoft Would Kill the Goose for Money

    Microsoft is just 'monetising' Open Source by using it as 'bait' for Microsoft's proprietary software; those who we might expect to antagonise this have effectively been bribed by Microsoft



  26. Links 13/5/2019: Nanonote 1.2.0, OpenMandriva Lx 4.0 RC, and GNUnet 0.11.4

    Links for the day



  27. Professionally Incompetent EPO Management

    The EPO remains an awful employer, with top-level management largely responsible for the loss of talent and even money



  28. Links 12/5/2019: Linux 5.1.1, GDB 8.3, KStars 3.2.2 Released

    Links for the day



  29. Did Battistelli 'Steal' ~$100,000,000 Euros From the EPO?

    While enjoying diplomatic immunity the thug from CEIPI (who is back at the EPO as a jurist) passed millions if not billions (over the long run) in liabilities; this was done with total and inexcusable impunity, no effective oversight



  30. The Biased EPO Does Not Want to Hear From Anyone Except Those Who Pay the EPO

    The EPO's corruption and violations of the law are a threat to everyone in the world; the EPO only ever listens to those who pay for "access" or those who embrace the "religion" of the EPO


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