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

11.27.16

Danger of Letting a Bunch of Patent Law Firms Attempt to Hijack the European Patent System With UPC

Posted in Deception, Europe, Patents at 5:11 pm by Dr. Roy Schestowitz

Battistelli digs his own UPC grave

Summary: Team UPC, a collective of self-serving patent lawyers who produce nothing of substance, hopes that some time tomorrow the UPC will miraculously be revived in Britain even though it’s extremely unlikely

THE Unitary Patent (or UPC) will quite likely have its death reaffirmed tomorrow. Don’t expect Team UPC to admit this though. The UPC-centric bloggers from Bristows will carry on (now there’s “EQE roundup”) and so will the bloggers at Kluwer Patent Blog. We kindly remind readers that these people have a track record of even advertising false jobs, so don’t believe Team UPC and the EPO (chronic liars). It’s their wallet/agenda that speaks.

Thankfully for us, Battistelli cannot quite ‘buy’ the vote (or bribe) the UK for UPC ratification (it would require too big a gift), so the UPC is going nowhere here. Kluwer Patent Blog, a huge proponent of the UPC, cited Bristows (an integral British part of Team UPC) to come up with a bizarre headline that says “Announcement expected about participation UK in Unitary Patent and Unified Patent Court” (as if they already know in advance what will happen). To quote:

According to a Bristows report, ‘the UK Minister of State for Energy and Intellectual Property, Baroness Neville-Rolfe, will state how the UK intends to proceed regarding its participation (or not) in the system’.

Since the Brexit vote, the future of the UP system has been clouded in uncertainty. Ratification by the UK of the UPC Agreement is mandatory for the launch of the system, but after the Brexit vote it seemed this requirement could kill the UP, as it wasn’t sure at all the UK would still be prepared to remain in the new patent system.

There are no signs that Lucy Neville-Rolfe will override British democracy, so we don’t expect much to happen. As for Kluwer Patent Blog, watch the headline it produced two days earlier (merely a quote), seemingly giving instructions from self-serving firms in Italy so as to save the UPC.

Truth be said, the UPC is in a limbo or in a death spiral/crawl. As we saw in TTIP and TPP, nobody in the “inner circles” wants to admit the death until it’s finalised and truly irreversible. Unless it’s redesigned completely, it has no chance. “EU Software Patents future will be decided tomorrow,” Benjamin Henrion wrote, “in the EU Council with the fate of the Unitary Patent,” but nothing will change. The UPC (as we know it, after several other names) is dead and endless lobbying by Team UPC has changed nothing at all, it just exposed Team UPC’s crudeness and disdain for democracy.

“More Brexit foot shooting,” one person wrote, “as UK now excludes itself from EU wide patent court due to start work in London. Bad news for patent lawyers…”

Henrion asked, “any link to an official source?”

This seems to contradict the optimism from Bristows, who have spread falsehoods (attempting to spread self-fulfilling prophecies) for at least a year. “A big day for the European patent systems,” wrote an anonymous EPO observer, but as we wrote over the weekend, we expect nothing substantial to change. The “UK [is] set to announce its UPC position tomorrow,” IAM (presumably Joff Wild) wrote. “We have worked through a few scenarios…”

“It seems that the future of the #upc #unitarypatent will be decided on Monday,” another person wrote, but IAM responded with: “This is most likely, but don’t rule out a delayed ratification after safeguards are established for UK’s post-Brexit position.”

Don’t trust IAM so much. Remember it organised pro-UPC propaganda events (even abroad) with support from the EPO and funding from the EPO's PR firm. Also, IAM is still not good at disclosures* and there is another such event coming soon.

Shooting down the UPC is not “foot shooting” as the above put it, unless of course the British economy boils down to just a handful of greedy patent lawyers seeking to maximise profit by patent battles. Right now, as before, some patent law firms in Italy hope to snatch this business and according to this, “A. M. Pizzoli [was] talking about #UnitaryPatent at #FICPI Sweden meeting: Swedes still optimistic in spite of Brexit-related issues” (by “Swedes” he means some Swedish patent lawyers, not Swedes at large).

The UPC would obviously sacrifice patent quality, bring patent trolls from the US patent system, and probably serve as a weapon against the EPO‘s Boards of Appeal, especially judges. No doubt they're essential, but they are crushed by Battistelli. There were a couple of articles from patent law firms in the media this past week, both of which spoke about the Boards of Appeal of the EPO. Here they are:

1. Exceptions to reformatio in peius at the EPO

In T 2129/14, the EPO Boards of Appeal applied the exception to the prohibition of reformatio in peius established in G 1/99 to allow the patentee, as respondent, to make an amendment which extended the scope of protection of the patent in question compared to the scope of protection maintained by the Opposition Division.

The prohibition of reformatio in peius set out in G 9/92 is the principle that in appeal proceedings a decision must not be reached which puts a sole appellant in a worse position than if they had not appealed. Thus, where a patent is maintained in amended form by an Opposition Division and only the opponent appeals the decision, the patentee, as respondent, cannot amend the claims such that the scope of the patent after appeal proceedings is broader than after opposition proceedings.

2. Admissibility at the EPO’s Boards of Appeal – a change in practice?

The practice of the Boards of Appeal of the European Patent Office (EPO) in recent years (following decision T 1067/08 (High-activity phytase/BASF); and discussed in detail in the Case Law of the Boards of Appeal, 7th Edition IV.C.1.3.3) has been not to review discretionary decisions made during first-instance proceedings. By way of example, if an Opposition Division has taken a decision not to admit a document (eg new evidence or a new claim request), the Board of Appeal will generally not overrule that decision if it concludes that the Opposition Division had the right to exercise its discretion.

The following too got published: EPO Practice Infringement of Second Medical Use Claims in Europe

It is possible to obtain a patent from the European Patent Office (EPO) based on a new medical use of a known drug. The claim can be directed to using the drug to treat a different disease, or using the drug in a new method of treatment, such as a new route of administration or a new dosage. The EPO has wellestablished requirements for the patentability of these so-called “second medical use” claims, but it does not consider issues of patent infringement. Infringement in Europe is currently assessed on a country-bycountry basis by individual national courts.

Although these second medical use claims have been available in Europe since the 1980s, until recently it has been unclear how the manufacture and sale of a drug for a patented use can be distinguished in practice from the manufacture and sale of the same drug for a non-patented use. The English Court of Appeal has now clarified how infringement of such second medical use claims should be assessed in the United Kingdom.

Our main concern, as we noted here very recently, is that patent scope and thus patent quality at the EPO is compromised for the sake of patent maximalism — the same kind of thing that Team UPC strives to introduce. One might even dub it patent radicalism, not maximalism.
_____________
* To give one new example of missing disclosures from IAM, watch what it said about patent troll MOSAID, a.k.a. “Conversant” (after the rename that helped dodge negative publicity), just a few days ago. Nowhere does the article mention that Conversant paid IAM. Instead it’s all just promotional language, e.g.: “Conversant IP Management has acquired a patent portfolio from Panasonic, according to an assignment recorded with the USPTO earlier this week. The transfer represents a new foray into the Japanese patent marketplace for the Canadian NPE after its role in managing the Elpida portfolio ceased earlier this year.”

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 21/10/2017: Purism Against ME, Pop!_OS Ready

    Links for the day



  2. US Patents Appeal Board Attacked by the Patent 'Industry', Defended by Federal Courts, and Dodged by Patent Trolls

    PTAB, the branch or the 'court' responsible for eliminating bad patents, is coming under attacks from those who rely on poor patent quality and receives praises from everyone else, as usual



  3. In the United States, the Patent 'Industry' is a Dying Breed and China Adopts This Destructive Force

    The decaying patent microcosm, or the pipeline of low-quality patents and frivolous lawsuits these entail, loses its grip on the US; China, much to the astonishment of people who actually create things, is attempting to attract that ruinous microcosm (which preys on real, producing companies)



  4. Microsoft and Nokia's Patent Trolls by Proxy: First Conversant, Now Provenance Asset Group Holdings LLC

    Microsoft's shell game with patents (passing Android-hostile patents to trolls) carries on and publishers funded by these trolls offer the details, albeit vaguely and with obvious spin



  5. Anonymous Professionals Speak of Benoît Battistelli's Destruction of the EPO, But Why Does the Media Turn a Blind Eye?

    Everyone in the circles of EPO staff and EPO stakeholders knows that dysfunction has become the norm; European media, however, remains suspiciously silent about what otherwise would be a major European scandal (bigger than FIFA or Dieselgate)



  6. The Darker Past of the Next President of the EPO - Part III: More Details About Caixa Geral de Depósitos, Former Employer of Campinos

    The side of Campinos which he prefers to conceal, or rather his association with a rather notorious Portuguese bank



  7. UPC Looks Like More of a Distant Dream (or Nightmare) as Germany Adds Another Two Months' Delay

    The likelihood that the UPC will be altogether scuttled is growing as delays keep piling up and more complaints are being filed by public interest groups (as opposed to Team UPC, which hoped to shove the UPCA down everyone's throats behind closed doors)



  8. Patent Trolls Roundup: BlackBerry, Dominion Harbor, IPNav, IP Bridge

    A quick review of recent news regarding patent trolls or entities which resemble (and sometimes feed) these



  9. Battistelli's Destruction of the EPO is Bad for Everyone, Even Patent Attorneys

    The collapse of the European patent system, owing primarily to Battistelli's totalitarian style and deemphasis on patent quality, means that "the war is lost," as one professional puts it



  10. Links 19/10/2017: Mesa 17.2.3, New Ubuntu Release, Samsung Flirts With GNU/Linux Desktops

    Links for the day



  11. Some of the USPTO's Most Ridiculous Patents Are Scrutinised by “Above the Law” While Dennis Crouch Attempts to Tarnish Alice

    Controversies over patent scope and level of novelty required for a patent; as usual, public interest groups try to restrict patent scope, whereas those who make money out of abundance of patents attempt to remove every barrier



  12. Microsoft's Software Patents Aggression in Court (Corel Again)

    Microsoft's tendency to not only abuse the competition but also to destroy it with patent lawsuits as seen in Corel's case



  13. The Spanish Supreme Court Rejects the EPO's “Problem and Solution Approach” While Quality of European Patents Nosedives

    European Patents (EPs) aren't what they used to be and their credibility is being further eroded and even detected as such



  14. Europe is Being Robbed by Team Battistelli and the UPC/PPH Would Make Things Worse

    The European Patent Office (EPO) has put litigation at the forefront, having implicitly decided to no longer bother with proper patent examination and instead issue lots of patents for judges and lawyers to argue about (at great expense to the public)



  15. Team UPC Continues to Promote Illusion of UPC Progress Where There's None

    The core members of Team UPC in the UK spread obvious falsehoods in the media, probably in an effort to attract 'business' (consultation regarding something that does not exist)



  16. António Campinos: A True EPO Reformer or More of the Same?

    More unfortunate reminders that Campinos and Battistelli don't quite diverge on the big issues, they're just more than two decades apart in age (but the same nationality)



  17. Juve Has Confirmed That António Campinos is French

    The relationship between Campinos and Battistelli has a nationality aspect to it, not even taking into account the interpersonal connection which goes a long way back



  18. The Darker Past of the Next President of the EPO - Part II: António Campinos at Banco Caixa Geral de Depósitos

    A look at the largely-hidden banking career of the next President of the EPO and the career of the person who competed with him for this position



  19. SUEPO to the Media, Regarding Campinos: “No Comment, It’s Too Dangerous”

    António Campinos, who is Benoît Battistelli's chosen successor at the EPO, as covered by German media earlier this month



  20. Staff Union of the EPO (SUEPO) Willing to Work With Campinos But Foresees Difficulties

    New message from SUEPO regarding Battistelli's successor of choice (Campinos)



  21. Links 18/10/2017: GTK+ 3.92, Microsoft Bug Doors Leaked

    Links for the day



  22. The Darker Past of the Next President of the EPO - Part I: Introduction

    Some new details about Mr. Campinos, who is Battistelli’s successor at the EPO



  23. Confessions of EPO Insiders Reveal That European Patents (EPs) Have Lost Their Legitimacy/Value Due to Battistelli's Policies

    A much-discussed topic at the EPO is now the ever-declining quality of granted patents, which make or break patent offices because quality justifies high costs (searches, applications, renewals and so on)



  24. Patent Firms From the United States Try Hard to Push the Unitary Patent (UPC), Which Would Foment Litigation Wars in Europe

    The UPC push seems to be coming from firms which not only fail to represent public interests but are not even European



  25. In the Age of Alice and PTAB There is No Reason to Pursue Software Patents in the United States (Not Anymore)

    The appeal board in the US (PTAB) combined with a key decision of the Supreme Court may mean that even at a very low cost software patents can be invalidated upon demand (petition) and, failing that, the courts will invalidate these



  26. IAM is Wrong, the Narrative Isn't Changing, Except in the Battistelli-Funded (at EPO's Expense) Financial Times

    The desperate attempts to change the narrative in the press culminate in nothing more than yet another misleading article from Rana Foroohar and some rants from Watchtroll



  27. The Federal Circuit Continues Squashing Software Patents

    Under the leadership of Sharon Prost the Court of Appeals for the Federal Circuit (CAFC) continues its war on software patents, making it very hard to remember the last time it tolerated any



  28. SUEPO Representatives Like Elizabeth Hardon Vindicated as Battistelli's Detrimental Effect on Patent Quality is Widely Confirmed

    Feedback regarding the awful refusal to acknowledge patent quality crisis at the EPO as well as the appointment of a President so close to Battistelli (who most likely assures continuation of his policies)



  29. Links 17/10/2017: KDE Frameworks 5.39.0, Safe Browsing in Epiphany

    Links for the day



  30. Judge Bryson Rules Against Allergan After It Used Native American Tribes to Dodge Scrutiny of Patents (IPRs); Senator Hatch Does Not Understand IPRs

    Having attempted to dodge inter partes reviews (IPRs) by latching onto sovereign immunity, Allergan loses a key case and Senator Hatch is meanwhile attempting to water down IPRs albeit at the same time bemoaning patent trolls (which IPRs help neutralise)


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