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

03.12.17

Germany Cannot Ratify the UPC Because Britain is Leaving the EU and Unitary Patent Strongly/Strictly Depends on the UK

Posted in Deception, Europe, Patents at 7:47 pm by Dr. Roy Schestowitz

Unless they went back to the drawing board and restarted all the negotiations, with Britain ruled out and the UPC being something altogether different (maybe renamed, too)…

I want to believe
U.P.C. is the new U.F.O.

Summary: The chorus of the German patent microcosm and Team UPC, including several IP Kat writers, who collectively in their echo chamber want to believe — and also to convince all of us — that the UPC will be ratified in Germany “real soon now!” (but no, they cannot without the UK changing its mind on “hard Brexit”, amongst other tall barriers and legislative obstacles across Europe)

THE source of many deliberate lies, the EPO, continues to amaze us with its incredible lobbying push for the UPC. It’s not only expensive but it also corrupts European media and harms its reputation (e.g. fake news, which we have just learned is spreading to Spanish media). Previously in this evening’s series we summarised the past week’s developments as follows:

Now it’s Germany’s turn. That’s like the heart of this monster, not just the EPO’s but also the UPC’s. There are probably veiled reasons behind Maas refusing to enforce the law against Team Battistelli. With the UPC, unlike with the US patent system (which includes the notorious state of Texas, capital of litigation), there is federalism and fragmentation. Countries like the UK, Poland, and Spain (very large countries) still seem far from joining or being assimilated to the Borg, so to speak. Don’t believe the fake news and the hype from Team Battistelli and Team UPC. They have a long track record of lying and they have already shouted “Wolf!” more than thrice.

“It’s not only expensive but it also corrupts European media and harms its reputation (e.g. fake news, which we have just learned is spreading to Spanish media).”So, what’s the deal with Germany? Not much. Team UPC, Bristows for example, toes the party line. A day ago, on a Saturday, Richard Pinckney said that “German parliament passes two bills required for UPC ratification” and he hopes to give the impression that Germany’s ratification is now imminent and inevitable. But it’s not. Germany won’t ratify as long as the UK does not (and it cannot!).

Watch tweets from UPC proponents who repeatedly use terms like “green light”. This is all conditional, contingent upon lots of things. Citing the Bundestag’s site, this person says “German #Bundestag gives green light to #UPC. Actual #ratification to happen later.”

Look at the certainty. Here is another tweet to that effect: “Lower House of German Parliament #Bundestag has given green light to implement #unitary #patent in Europe”

What do they even mean by green light? Something like Chinese government officials giving the green light for Siemens to relocate to China. It doesn’t mean it will actually happen.

“Don’t believe the fake news and the hype from Team Battistelli and Team UPC. They have a long track record of lying and they have already shouted “Wolf!” more than thrice.”A pro-UPC account (“UPC tracker”) said “Bills providing basis for ratification of UPC passed unanimously by DE Bundestag. Speaker: “doesn’t happen often.””

Well, how often does one vote on UPC? Only once.

Talking about the FFII, Benjamin Henrion urged for action in Germany when he wrote: “You wonder if it is useful to have a German association if no German don’t do shit when UPC goes through Bundestag…”

Alexander Esslinger‏ (a.k.a. “patently German”) wrote: “This news will probably dampen rumors about Germany not ratifying #UPC due to some open questions in connection with Brexit” (not really, unless you are Esslinger‏, in which case the UPC is desirable to you).

Esslinger‏ alludes to discussion among people from IP Kat (former writers). Birgit, as I told her, should know about this as a German working in the UK. Tufty wrote to her: “I’m suspicious of everything about the #UPC. It would make sense for DE to delay ratification until effect of #brexit is clearer.”

She had said that “all these suspicions… you Germany will still play the Article 50 waiting game? They could have stalled it yesterday?”

She also wrote “Let’s just hope the Bundestag calls the #UPC by its correct name… (not “unified software patent” or similar,” linking to this tweet from a dubious pro-EPO site. It says that “UK has signed the UPC Protocol on Privileges and Immunities ahead of its ratification of the agreement, but whether the country does ratify in the fallout of its vote to leave the EU remains to be seen.”

“What do they even mean by green light? Something like Chinese government officials giving the green light for Siemens to relocate to China. It doesn’t mean it will actually happen.”It does recognise that Germany depends on what happens in the UK. Time is running out for Team UPC (EU-wide) because of Article 50. They know what it would mean to the whole scheme when invoked in as little as weeks from now, so they resort to dirty deeds (like those covered here earlier this evening).

Here comes another UPC proponent, this one also from IP Kat, which never criticises the UPC and only ever promotes it (as recently as a week ago). So much for a ‘balanced’ blog, only ever sobbing if there’s a setback or lack of progress for the UPC.

Mr. Smyth, an occasional booster of the UPC (he does a lot to promote it), wrote: “New #UPC rumour – Germany may not ratify until result of Art 50 negotiations known. Could that be true? If so catastrophic #patentforum2017″

“Catastrophic to your employer,” I told him. “What about people who actually make stuff?”

“I honestly don’t believe that Jo Johnson cares about what’s good/bad for the UK e.g. UPC,” I added later. “Just like his brother on Brexit…”

It increasingly seems like Johnson does not care about legal aspects, either, as he cannot ratify the UPC and pray that it will miraculously survive after Brexit (or that they can ‘patch’ the UPC ‘on the go’ so as to ‘retrofit’ it to an untenable ratification). Might Battistelli pull that famous trick that involves money/gifts?

“Here comes another UPC proponent, this one also from IP Kat, which never criticises the UPC and only ever promotes it (as recently as a week ago).”The whole thing is insane!

“Making rules of procedure of a court with an administrative committee like for the UPC is undemocratic,” Henrion noted, and “against German Constitution….”

A couple of days ago Bristows said in its blog that “PPI will give legal personality to the Unified Patent Court and provide the Court and its judges, Registrar and other staff with the various privileges and immunities.”

How does the post-Brexit UK feel about such ‘freedom’ and ‘independence’ from the EU? This just serves to remind everyone out there how crazy this whole thing is. This would not only bring software patents to the UK from the back door (including litigation and enforcement from courts that don’t speak English!). It would also invite patent trolls from other countries and continents to the UK. All those Chinese companies with sloppily-granted EPs can do a lot of damage here if the UPC passes (not that it’s expected to happen, not in the UK anyway).

The loudest proponent of software patents in Germany asked FFII, “do you really think the #UPC will change anything for the #patentability of #software?”

That’s obvious. One has to be seriously misinformed and deliberately in denial about it to say the above. We covered this subject many times before, citing various luminaries and experts to support that assertion.

As Henrion put it, “yes, it will rubberstamp the insane EPO practice.” (the EPO grants software patents, unlike UK-IPO)

“The whole thing is insane!”Imagine what would happen if, instead of national courts (tied to NPOs like UK-IPO), the above-the-law EPO with its taste/savour for software patents gained prominence here. Imagine what would happen if the UPC ever gained a political foothold. Disaster!

Henrion concluded with, “the unitary patent is an ugly mixture of EU law and international law, not even an EU court [and thus] undemocratic…”

If at any point this month Johnson does the unthinkable and slips in a ratification (without even a debate in Parliament), there will definitely be protests. And if the UK goes ahead with Brexit before ratifying (as should be the case, as per the law), then all the above gossip about Germany is just a crazy pipe dream.

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. Index for EPO and Saint-Germain's Poisonous Legacy of "Toxic Loans" Series

    A roundup or an index of this past week's series about financial gambles at the EPO -- Battistelli's own dubious idea



  2. Saint-Germain's Poisonous Legacy of "Toxic Loans": Quo Vadis EPO?

    In spite of the SIDRU “toxic loans” scandal in St. Germain-en-Laye, where Battistelli is Deputy Mayor, the EPO’s Administrative Council repeats similar mistakes with opposition only from one country — the only country that actually bothered to study the matter before voting on it



  3. Links 26/5/2018: Wine 3.9, KStars 2.9.6, Bodhi 3.8.0, FreeBSD 11.2 Beta 3

    Links for the day



  4. Saint-Germain's Poisonous Legacy of "Toxic Loans": The SIDRU “Toxic Loan” Débâcle a Case of “Take the Money and Run...”

    The fourth part of the series exploring the debt crisis at Battistelli’s town (where he’s deputy mayor) in light of the EPO’s gambling with financial speculators, potentially adding to the many EPO scandals



  5. EPO, a Longtime Privacy Offender, Uses General Data Protection Regulation (GDPR) Day to Lie to the Public

    The European Patent Office (EPO) has the nerve to pretend to value privacy after all it has done; it's just exploiting the "GDPR Day" buzz to spread some more face-saving lies about the very subject it has become incredibly notorious for



  6. The Unitary Patent and the Unified Patent Court (UPC): This Week's Latest Spin and Lies

    The EPO has adopted a largely passive approach, choosing barely to comment at all on the UPC whereas Team UPC keeps repeating the same misleading if not patently untrue claims to perpetuate the notion that UPC is inevitable



  7. Links 25/5/2018: OpenSUSE 15 Leap Released, PostgreSQL 11 Beta

    Links for the day



  8. Privacy Statement

    Today, May 25th, the European General Data Protection Regulation (GDPR) goes into full effect; we hereby make a statement on privacy



  9. Saint-Germain's Poisonous Legacy of "Toxic Loans": The SIDRU “Toxic Loan” Débâcle and Criticism of Lamy From Local Opposition Groups

    The EPO‘s entrance into the “toxic loans” trap as of a few months back (just like in Saint-Germain) is a sign of potential trouble ahead; The SIDRU “toxic loan” débâcle is highlighted as per criticism of mayor Lamy (St Germain-en-Laye, where Battistelli is deputy mayor) from local opposition groups



  10. New EPO Caricature: The Rubber Stamp

    Cartoon which circulates in EPO 'circles', encapsulating the concern many people have about the quality of granted patents and unrealistic expectations from the management



  11. Links 24/5/2018: RIP Robin “Roblimo” Miller, Qt 5.11 Released

    Links for the day



  12. Walmart, Bank of America, Allied Security Trust (AST) and the Rush for 'Blockchain' Patents

    The hoarding of patents on novel-sounding code has reached ridiculous levels; very large corporations and even patent trolls arm themselves with such patents, hoping to make returns by means of litigation or an 'arms trade'



  13. Stupid Blogs, Stupid Lawsuits, and Stupid Patents

    The stupidity of the patent microcosm, which would like to see everything in the world patented and which would gleefully smear or even sue its critics (the EFF was sued several times for libel over its "Stupid Patent of the Month" series)



  14. Perpetuating the Big Lie That Unitary Patent (UPC) is About to Kick Off

    The (in)famous old lie about UPC being "just around the corner" is still being circulated, mainly if not only by patent law firms which stand to benefit from a litigation Armageddon in Europe



  15. EPO Validation in Former French Colonies That Have Zero European Patents

    The strategy of the EPO seems to be centered around the interests of Benoît Battistelli and his political career rather than that of the EPO; validation deals and dubious 'Inventor Awards' seem to be part of this pattern



  16. Saint-Germain's Poisonous Legacy of "Toxic Loans": The Cautionary Tale of SIDRU and Its “Toxic Loans”

    The town where the EPO‘s President (Battistelli) is a deputy mayor has a track record of financial hardship and alleged financial misconduct, attributed to the same financial practices Battistelli has just implemented at the EPO



  17. Links 23/5/2018: DragonFlyBSD 5.2.1 and Kata Containers 1.0 Released

    Links for the day



  18. Masking Abstract Patents in the Age of Alice/§ 101 in the United States

    There are new examples and ample evidence of § 101-dodging strategies; the highest US court, however, wishes to limit patent scope and revert back to an era of patent sanity (as opposed to patent maximalism)



  19. PTAB's Latest Applications of 35 U.S.C. § 101 and Obviousness Tests to Void U.S. Patents

    Validity checks at PTAB continue to strike out patents, much to the fear of people who have made a living from patenting and lawsuits alone



  20. France is Irrelevant to Whether or Not UPC Ever Becomes a Reality, Moving/Outsourcing de Facto Patent Examination to European Courts Managed in/Presided by France

    Team UPC is still focusing on France as if it's up for France to decide the fate of the UPC, which EPO insiders say Battistelli wants to be the chief of (the chief, it has already been decided, would have to be a Frenchman)



  21. Saint-Germain's Poisonous Legacy of "Toxic Loans": The Emperor’s New Investment Guidelines

    Details about a secret vote to 'gamble' the EPO's budget on "a diversified portfolio managed by external experts"



  22. Saint-Germain's Poisonous Legacy of "Toxic Loans": Cautionary Tale for the EPO?

    Preface or background to a series of posts about Battistelli's French politics and why they can if not should alarm EPO workers



  23. Links 22/5/2018: Parrot 4.0, Spectre Number 4

    Links for the day



  24. Chamber of Commerce Lies About the United States Like It Lies About Other Countries for the Sole Purpose of Patent Maximalism

    When pressure groups that claim to be "US" actively bash and lie about the US one has to question their motivation; in the case of the Chamber of Commerce, it's just trying to perturb the law for the worse



  25. Links 21/5/2018: Linux 4.17 RC6, GIMP 2.10.2

    Links for the day



  26. The Attacks on the Patent Trial and Appeal Board (PTAB) Have Lost Momentum and the Patent Microcosm Begrudgingly Gives Up

    The Patent Trial and Appeal Board (PTAB), reaffirmed by the Court of Appeals for the Federal Circuit (CAFC) and now the Supreme Court as well, carries on preventing frivolous lawsuits; options for stopping PTAB have nearly been exhausted and it shows



  27. Software Patenting and Successful Litigation a Very Difficult Task Under 35 U.S.C. § 101

    Using loads of misleading terms or buzzwords such as "AI" the patent microcosm continues its software patents pursuits; but that's mostly failing, especially when courts come to assess pertinent claims made in the patents



  28. António Campinos Will Push Toward a France-Based Unified Patent Court (UPC)

    Frenchmen at EPO will try hard to bring momentum if not force to the Unified Patent Court; facts, however, aren't on their side (unlike Team UPC, which was always on Team Battistelli's side)



  29. In Apple v Samsung Patents That Should Never Have Been Granted May Result in a Billion Dollars in 'Damages'

    A roundup of news about Apple and its patent cases (especially Apple v Samsung), including Intel's role trying to intervene in Qualcomm v Apple



  30. Links 20/5/2018: KDevelop 5.2.2 and 5.2.3, FreeBSD 11.2 Beta 2

    Links for the 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