Bonum Certa Men Certa

The UPC Scam Part V: Unitary Patent Regime a Fantasy of Patent Trolls

The undemocratic patent conspiracy (UPC): We'll just call it something misleading



Summary: "Good for trolls" is a good way to sum up the Unitary Patent, which would give litigators plenty of business (defendants and plaintiffs, plus commissions on high claims of damages) if it ever became a reality

TODAY marks exactly one week since the bizarre statement from the British government, which enjoyed misleading coverage bought/paid for directly and less directly by Battistelli's EPO.



In the previous four parts we explained the reality of the situation and in upcoming parts we'll explain why the UPC is still going nowhere -- consistent with what we have been saying for a number of years. Some words on a Web page of the British government are not enough to make the impossible (or barely possible) magically attainable.

It's worth reminding readers that the legal firm which the EPO unleashed at us for legal threats (in an effort to silence us) is itself part of the UPC's advocacy, which comes to show just how crooked things really are. Basically, a bunch of law firms are attempting to hijack the European patent system by means of endless lobbying, lies, fake (or biased) 'news', and fake job ads (for jobs that don't exist). These are some truly malicious actors. Morals don't exist because they have a mission and they are willing to combat opponents. Our activism is largely reactionary.

Who is the UPC good for other than some legal firms? "Good news for patent trolls," said this comment, possibly from Mr. Benjamin Henrion (FFII) by the sound of it.

Several days ago Patently-O wrote about last week's news, noting that "Europe may overtake the US as patent-litigation-central" if the UPC becomes a reality. Another way to put it is, Europe can become a patent trolls' hub, complete with software patents and everything they currently enjoy in the US (where they file the lion's share of lawsuits). The Unitary Patent fantasists include those who can either represent these trolls in court or represent their victims (defendants). What's not to like, eh?

Earlier today we noted that Microsoft agenda was interjected into an event that's supposed to be about "International Women's Leadership Forum" (here is the report about it). Well, Microsoft and even the UPC were interjected into this event. The latter subject was mentioned by "Deanna Kwong of Hewlett Packard Enterprise," who said that the UPC "will be "fertile ground" for NPEs," i.e. patent trolls (NPE is a euphemism).

Even MIP took note of it, writing in Twitter: "Consensus at #EUPatentUSA2016 that UPC system will attract troll-type activity - IT/TMT panel with @marksandclerk pic.twitter.com/2cbvgnBeSl"

Henrion replied with "oh really? what a surprise!"

We have been warning about this for years.

Here is the relevant part of the report from MIP:

The last six months (since the UK Brexit vote) have led to great uncertainty for Europe's planned Unitary Patent and UPC system, said Bethan Hopewell of Powell Gilbert. But much progress has been made with 11 ratifications so far and much work on the IT system, the Rules of Procedure and the financing.

The latest news, she added, is yesterday's announcement by the UK government that it will proceed with ratification of the UPC Agreement. "What needs to be worked on now is establishing certainty for industry so that the UPC is not undermined when the UK leaves the EU," she said, adding that the UK's role in the system post-Brexit remains to be seen.

Deanna Kwong of Hewlett Packard Enterprise said that despite the progress made there remains a lot of "uncertainty": "I don't know whether it will be a more favourable forum or not ... at the outset it may be a more plaintiff-friendly forum to legitimate it as a forum." Hopewell predicted it will be "fertile ground" for NPEs in the early years.

Kwong highlighted some differences between the UPC and the US system, including less emphasis on expert evidence, faster injunctions and the possibility to amend claims. "Fee shifting is a really big factor - hopefully that will be a counter-balance to the patentee-friendly aspects of the UPC," she added.


It seems like both Henrion and I noticed this at the same time. HP is admitting that the UPC would be good for patent trolls. Remember all those who used to deny it and mocked those who even dared to suggest so?

"HP says EU Unitary Patent Court will fuel trolls," Henrion later wrote.

"This is what patent prosecution & litigation in Europe will look like post-UPC," MIP added, "says Bethan Hopewell of Powell Gilbert at #ipwomen Forum pic.twitter.com/NXxNaFgAuu"

Yes, "prosecution & litigation"...

Not innovation.

Not sharing.

Not competitiveness.

Remember... "prosecution & litigation"...

That's all it boils down to and no wonder prosecutors and litigators are lobbying so hard for it. They want 'nuclear' legal wars to profit from. It's obvious at whose expense.

Recent Techrights' Posts

When Abusive Law Firms (Working for Microsofters Against Us) Assert That Someone Writing in Social Media About Himself is Confidential Information
There was no reason to throw "GDPR" into 2 SLAPPs; they know it, but the goal was to increase the cost of a Defence and lessen the incentive to challenge the SLAPPs
Throwing Money at Lawyers Can't Stop Us (It Never Did)
Even just trying to censor things can result in the opposite of the desired outcome
BetaNews Has More or Less Died After Experiments With LLM Slop, Is Linuxsecurity Next?
It doesn't seem like BetaNews knows what it's doing, let alone what it talks about
 
Gemini Links 15/06/2025: "AI Fatigue and Crappiness"
Links for the day
Microsoft Attack Dogs Against Watchdogs and Guard Dogs in Software
Last year Microsofters hired attack dogs or "guns for hire"
Slop Cannot Replace Domain Expertise
All this "AI" hype (it's not even intelligence, it's all a misnomer, as many of us have insisted all along) will fizzle and be written off as a failed experiment
IBM's Fresh 'PIPs' (Action Before Layoffs)
At times like these, even once-reputable employers resort to PIPs and other procedures/tricks for denial of workers' rights
Microsoft is a Problem Not Just for Denmark
Every country should consider what Denmark is doing, why Denmark is doing it, and then do the same
The Slopfarms' Self Detonation
If more sites like BetaNews go under, then maybe we can still salvage some of the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 14, 2025
IRC logs for Saturday, June 14, 2025
Links 14/06/2025: FDA Changes Priorities, Cassette Data Storage From The 1970s
Links for the day
Gemini Links 14/06/2025: Steam Next Fest and Thoughts on Gemini
Links for the day
Site/Datacentre Maintenance Next Week
speed things up
Bulgaria: GNU/Linux Near 10%
The Bulgarian market seems to be changing
I Never Spoke to BetaNews. But BetaNews Wants to Ensure I Never Will, Either.
Sometimes just the reluctance to talk about it can say a great deal
Online Search or Large Search Engines Aren't Working Anymore
business models that directly compete with interests of Web users
Holidays and Breaks
I've hardly taken any long breaks since I got married
Danish OpenDocument Freedom
"year of Linux"
Links 14/06/2025: Wars and L.A. Distortion Effect
Links for the day
Gemini Links 14/06/2025: Historic Ada Design and GeminiSpace.Club to Expire
Links for the day
Links 14/06/2025: India Plane Crash and Middle-Eastern War
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 13, 2025
IRC logs for Friday, June 13, 2025
Gemini Links 13/06/2025: (Not)virtues and Project Yeet Broadband
Links for the day
Links 13/06/2025: Journalists Targeted by Cracking, China-Japan and Israel-Iran Tensions Grow
Links for the day
Links 13/06/2025: US Reduces Nonessential Staff at Baghdad Embassy Ahead of Strikes in Iran, Invasion of California Debated
Links for the day
X11 is Free Software
Whether you agree (e.g. on politics) with the person/s forking it doesn't matter
The More Time Passes, the Better Our Advice on Social Control Media Seems
At the end of the day, any platform you do not control yourself is working for someone else
Twitter (X) is Dying, Now It's Just Like a Mafia-Type Operation of the Man Who Does Nazi Salutes in Public
a form of extortion
UK High Court Blasts Brett Wilson LLP for Misusing "GDPR" After Failed Efforts to Censor Critics Using 'Libel' Claims
No wonder this firm is rapidly shrinking
Recent Blunders in Microsoft GitHub (e.g. Slop-Generated Bug Reports or GPL Violations 'as a Service') Taking Their Toll?
Put bluntly, if you still use Microsoft GitHub, then you're slave to Microsoft
American Imperialism and Microsoft Plagiarism
Techrights will therefore do what Microsoft does not want it to do: it'll write even more about Microsoft
When They Have Nothing Left to Help Advance Abusive Litigation for Microsoft People... Other Than Throwing ~500 Pages of Someone Else's Work Into a PDF
Microsoft is having a very tough year
The Price of Exposing Corruption in Poland (and Elsewhere)
It's easier to participate in corruption than to merely do the right thing and oppose it
Slopwatch and Yet More Holes in 'Secure Boot' (as Usual!), Promoted Inside Linux by the Man We Are Suing
Today's Slopwatch will be short
Gemini Links 13/06/2025: People You've Left Behind, Life Update and OS Changes
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 12, 2025
IRC logs for Thursday, June 12, 2025