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

11.05.16

UPC a Threat to the Boards of Appeal at the EPO (Soon Haar) and to Patent Quality in Europe

Posted in Europe, Patents at 7:18 pm by Dr. Roy Schestowitz

Summary: Systemic takeover by patent maximalists who measure “production” in terms of patents (“products”) granted and broadened in terms of applicability spells doom for the Boards of Appeal and the EPO as a whole

THE QUALITY of patents at the EPO (and oversight thereof in particular) has slipped away. This is a subject we’ll tackle in our next post.

Apparently, IP Kat continues to ‘lose’ comments because, as this new comment puts it: (“resettlement” is a euphemism for exile by the way)

Apparently my post from last week went lost…

Anyway, the real question is how long is this supposed to last? It is becoming quite clear that quite a few problems are still open:
-the one cited in this article: is this all what is going to happen? The President can dismiss a board of appeal member (or put it in a legal limbo, which is effectively the same thing) at will and violate judicial independence and… that’s it?
-the one with the dismissed union representatives: they are just out and that’s it? They are not going to be reintegrated?
-the ridiculous resettlement of the boards. Really?
-and there is really no real control of the finances of a PUBLIC body which produces hundreds of millions euros every year? Did I hear that correctly?

Am I the only one to wonder?

We have already explained why the above is done. A lot of it may have to do with paving the way to massive overhaul, not reform — one that may also have examination itself abolished in favour of a system more like INPI or EUIPO. Such a system would hardly necessitate any appeals at all. Examiners too then become a luxury.

The other day we mentioned MIP’s report on WIPO ambitions of automating patent translations — something which relates both to the UPC and to patent filings. They cannot really manage the translation from Mandarin to European languages (not reliable), but that’s just a method for issuing more patents that are applicable in more places. Sounds familiar a goal? So-called ‘production’ and patent maximalism? Read this new report from IP Watch and see the latest developments regarding the UPCA (they can’t quite call it UPC if London is out and Italy/Milan is in). To quote this Italian site:

The bill that authorizes the Italian government to proceed with ratification of the Unitary Patent Court Agreement was definitively approved by the Italian Senate on 18 October 2016.

The bill, to become Law No.2524/2016 after publication in the Italian Official Journal, also amends the Italian Industrial Property Code to introduce rules on contributory or indirect patent infringement.

No specific provisions are currently in place in Italy concerning contributory or indirect patent infringement. The bill will introduce into the Italian Industrial Property Code a provision that very closely resembles Article 26 of the Unified Patent Court Agreement.

If UPCA (or whatever they’ll call it in the future) becomes a reality, expect even less appeals, more patent trolls, higher damages, and more litigation. Cui bono?

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. The Fall of the UPC - Part XV: A Three-Week Parade of Lies From Team UPC and Its Media Collaborators

    Team UPC continues to shamelessly lie about the fate of the Unified Patent Court Agreement (UPCA); we've studied all the responses we were able to find and we'll tackle them one by one (or firm by firm)



  2. Coronavirus Has Not Slowed Down the EPO's Promotion of Illegal Software Patents

    Using the latest buzzwords and weasel words (digital, games, videogames, digitalisation etc.) the EPO continues to invite bogus patents/applications and boasts about granting a lot more of them



  3. IRC Proceedings: Wednesday, April 08, 2020

    IRC logs for Wednesday, April 08, 2020



  4. Links 8/4/2020: Tails 4.5, Septor 2020.2, GNOME Money Awards and Mozilla's New CEO

    Links for the day



  5. IRC Proceedings: Tuesday, April 07, 2020

    IRC logs for Tuesday, April 07, 2020



  6. GitHug - A Guest Article by Thomas Grzybowski

    "Now, if Azure revenue has increased 72%, but the gross revenue in this category has only increased 25%, that means that the other components, primary GitHub, are actually a substantial negative."



  7. Links 7/4/2020: Firefox 75, Python 2.7.1 RC1

    Links for the day



  8. The Fall of the UPC - Part XIV: Media Owned and Controlled by Law Firms Did Not Properly Cover the Decision of the German Constitutional Court (FCC)

    We take another look at the shallow if not deliberately misleading coverage in sites that are literally owned and run by law firms, for the benefit of law firms rather than informing the public



  9. The Media Paints Bill Gates as the Man Who Will Save the World While Seattle's Police Department Obstructs Access to Documents About Pedophilia Arrest at His Home

    We're still unable to receive even one single page of the police report about arrest for pedophilia at the home of Bill and Melinda Gates; the media says nothing about this and instead it paints Gates as a national or international hero



  10. IRC Proceedings: Monday, April 06, 2020

    IRC logs for Monday, April 06, 2020



  11. Software Patents Remain Junk Patents in the United States (Not Enforceable), Whereas the EPO Keeps Granting Them and Promoting Them

    We take note of the positive outcomes in the US, where courts continue to reject software patents, but in Europe the largest patent office, which sought to replace all the courts, still acts as if patent law does not exist and patents can be endlessly printed irrespective of their merit (or validity as judged by actual courts)



  12. The Fall of the UPC - Part XIII: A Death Worth Celebrating and Many Lies Worth Debunking

    We take stock of positive responses to the decision made by the German constitutional court (FCC) 2.5 weeks ago; we also explain why it has taken so long to piece together firm-by-firm scoresheet for UPC lies



  13. GitHub is Moving the Free Software Movement Into “Check”

    GitHub's growing levels of control over Free software projects (GitHub itself is proprietary and Microsoft-controlled) ought to alarm the community; it's a lot worse than most people care to acknowledge, based on weeks of detailed analysis of GNU/Linux distros



  14. Links 6/4/2020: New Red Hat CEO, elementary OS Hera Updates

    Links for the day



  15. When the Decision is OK and the Judge's Motivations Are Also OK

    Justice Huber made the right call; but the bullies and charlatans who conspired to undermine laws and constitutions will never be satisfied



  16. The Fall of the UPC - Part XII: Doing the Unthinkable by Blaming the Judge's (Justice's) Wife?

    Team UPC and its media partners never cease to amaze us; anybody who stands in their way is either portrayed as a Russian stooge or too ignorant to be worth talking to



  17. The Fall of the UPC - Part XI: Lies Told by Bundesverband der Deutschen Industrie (BDI) in Süddeutsche Zeitung

    Today we look at misleading claims (or lies) published by Süddeutsche Zeitung after the Germans' constitutional court (FCC) had pointed out the obvious, namely that UPC ratification would be in violation of the German constitution



  18. IRC Proceedings: Sunday, April 05, 2020

    IRC logs for Sunday, April 05, 2020



  19. Links 5/4/2020: MindSpore, Covid-19 Projects and More

    Links for the day



  20. EPO is Just Like Some Cruel Political Party and Not a Patent Office

    The "cabal" which runs today's EPO (even the word "Mafia" seems suitable here) isn't acting -- not even remotely -- like a patent office; it's a patent-printing operation ("protection money" as income) that uses shallow political stunts to manufacture consent with the EU's 'generous' assistance



  21. Digitalisation and Digital Technologies as a Ploy to Justify Illegal Software Patents

    Say "hello" to the next weasel word/s; from the "hey hi" hype wave we've now moved to something "digital" (which can mean just about anything, including algorithms of all sorts)



  22. The Fall of the UPC - Part X: How We Shall Catalogue UPC Lies

    The cult that Team UPC became (one member lying to another member, maintaining a false version of reality) will be judged based on underlying facts, not lying about facts; we start with a token of contempt for IP Kat and Bristows LLP (there are overlaps)



  23. IRC Proceedings: Saturday, April 04, 2020

    IRC logs for Saturday, April 04, 2020



  24. Major Revelation: Microsoft Blackmail Against LAMP (GNU/Linux and Free Stacks for Servers) Goes At Least 16 Years Back, Predating the Novell Patent Deal

    (Techno-)Anthropological analyses of Microsoft's patent war on Free/libre software must take into account what Microsoft did to MySQL, a Swedish company at the time



  25. Links 4/4/2020: Sparky 5.11, Firefox 74.0.1, POCL 1.5

    Links for the day



  26. IRC Proceedings: Friday, April 03, 2020

    IRC logs for Friday, April 03, 2020



  27. Links 3/4/2020: Ubuntu Beta, GNOME 3.36.1, ExTiX LXQt Mini, NetBSD 8.2 Released

    Links for the day



  28. Digital Communication, Digitalisation and Videogaming Among the EPO's Latest Smokescreens for Illegal and Abstract Patents on Algorithms

    The EPO keeps liaising with the EU to promote patents which EU officials have themselves said were illegal; to make matters worse, the EPO's violations of its own laws inspire the United States to do the same



  29. Emotional Blackmail for Illegal Software Patents

    Semantic tactics the European Patent Office (EPO) uses to promote software patents in Europe and may theoretically use in the future (satire)



  30. Clear Linux is to GNU/Linux What Clearly Defined is to Open Source

    The idea that we need Intel to take GNU/Linux ‘mainstream’ is ludicrous; as OSDL co-founder (now succeeded in the flesh of the Corporate Linux Foundation), Intel is more about Linux (with DRM, “secure boot” and everything that lets it be remotely controlled) than about GNU and it’s not too keen on GPL (copyleft), either


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