Bonum Certa Men Certa

Fake News From the EPO and Team UPC About Unitary Patent in the UK in Spite of Brexit

They said we'd have UPC ratified in the UK on March 7th. Nope! Didn't happen. As usual, it's faked optimism (a lobbying tactic akin to learned helplessness).

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



Summary: For lobbying purposes, the EPO pretends that the reality of Brexit in no way undermines UPC and proponents of the UPC (few law firms looking to profit from a transition) keep lying about it, in a coordinated effort -- EU-wide -- to induce defeatism among UPC opponents, causing political panic and near surrender amid a perceived rush, as if UPC will definitely start soon and those not joining will be left behind

THE EPO recently had the media reprint and repeat its lies, maybe owing to these massive PR contracts that Battistelli had secretly signed and later even expanded with fracking lobbyists. They are truly desperate to sell lies to the public -- as facts are not convenient -- and as we have witnessed before, that form of lobbying from paid media extends to UPC puff pieces.



The EPO makes it no secret that it meddles and intervenes in UPC matters (politics). "This online course provides easy access to the main concepts involved in patent litigation," the EPO wrote last week. The chart in the page contains a fictional (wishful thinking) element, Unitary Patent, as if they take it for granted before it even exists, except in draft papers. Meanwhile, the same media which habitually produces puff pieces for Battistelli (silly lies about Apple patents with this publication, and never even a single article about the EPO conflict) helps spread fake news about the UPC. It's lobbying disguised as news, with the headline "Unitary patent expected this year, despite Brexit" (expected by who? The liars who lobby for it? Or those who want others to believe so and then make it so?).

"The EPO makes it no secret that it meddles and intervenes in UPC matters (politics)."As we showed here before, based on a very recent poll, the large majority of patent professionals does not believe this. "EU will find a way to keep UK in unitary patent, says EPO chief" is another new puff piece. It's even worse than a puff piece; it's just a Battistelli placement, not in any way an investigative report (typical for lazy people in the corporate 'journalism' business). Éanna Kelly from Science|Business apparently thinks that copy-pasting Battistelli makes this a "report".

"Brexit is clouding its future role in the new common patent," says the author, "but Benoit Battistelli, head of the European Patent Office thinks there are ways to keep the UK in the system" (like lobbying and manipulating the media?).

"Meanwhile, the same media which habitually produces puff pieces for Battistelli (silly lies about Apple patents with this publication, and never even a single article about the EPO conflict) helps spread fake news about the UPC.""The latest EPO "puff piece"," one reader told us shortly after this press release [1, 2] (warning: epo.org links), reminds us that Battistelli keeps making photo ops with subservient British politicians who don't know what they're doing. "The patent posterboys," another one of our readers called it. "EPO President meets with Jo Johnson, the new UK intellectual property minister," says the headline. It's a lobbying trip, like the one with Lucy (exactly coinciding with the EPO strike).

Here is what this puff piece says:

EPO President Benoît Battistelli met the UK Minister of State for Universities, Science, Research and Innovation Jo Johnson in London on 8 March to discuss recent developments in patents and their role in supporting innovation. Mr Battistelli and Mr Johnson discussed the European patent system and recent reforms at the EPO to further improve the quality and efficiency of the patent grant process, ahead of the EPO's future role in the unitary patent system.

Minister Johnson said: "It was a pleasure to meet with President Battistelli today to discuss the European patent system and wider efforts to support innovation. Driving economic growth across the UK is a priority for this Government and therefore IP has never been more important." He added: "Successful intellectual property regimes protect the hard work of inventors, underpin innovative economies, and help inspiring ideas become a reality."

EPO President Battistelli said: "I was very pleased to hear the reconfirmation by the Minister that the UK government is committed to finalize the national ratification of the UPC treaty in order for the Court to be operational on 1 December 2017 and thus for the EPO to be able to deliver the first Unitary Patent at the same time."


These words (the above quotes) sent a wave of shock among UPC sceptics and antagonists, who don't know that everything the EPO says these days contains a lot of lies. Does Johnson even realise the ramifications of such a move? Brexit is not compatible with the UPC (legally and technically impossible), as we already explained in a series last year. It came in 7 parts:



A few days ago MIP posted: : "Will Poland become a safe haven from the #UPC for manufacturing/service companies? Litigation strategy panel at #patentforum2017 discuss" (there is also a photo in there, it's a UPC lobbying event/opportunity which we will revisit later).

"But if the brother of Brexit proponent Boris Johnson, together with his new friend ErdoganBattistelli, defies British law as well as common sense, then Britain will not only lose this advantage but also become easy prey to patent trolls."The UK would become that safe haven, assuming other countries go on with something resembling the UPC (they need to redo it because the UK would not participate). But if the brother of Brexit proponent Boris Johnson, together with his new friend ErdoganBattistelli, defies British law as well as common sense, then Britain will not only lose this advantage but also become easy prey to patent trolls. Why?

Well, last week we drafted a press release with FFII, with the goal of getting a debate in the British Parliament as soon as possible. We got some quotes from 3 or 4 business people (from the UK). Among the quotes put forth towards the end:



"The worst thing about this is UK companies which trade only in the UK can be hit by Patent Trolls from the EU regardless," one person wrote the other day.

An E-mail was also sent out by the FFII regarding a new UK-centric campaign against "Unitary Software Patents ratification" (to better target those who are affected in the software industry). Alex Macfie, of FFII UK, eventually sent around the following mail to FFII supporters, expressing concisely what's at stake:

Dear FFII UK supporter,

Today FFII UK is launching a campaign in order to oppose the ratification of the Unitary Patent treaty. The failed 2005 software patent directive was replaced by the Unitary Patent Court at the request of large software companies, and we are now 12 years later where they are very close to achieve what they wanted.

We are inviting to you to sign the petition, and more importantly, to call your Member of Parliament, and ask him on a parliamentary debate on the consequences of UPC on the software industry:

http://www.nounitarysoftwarepatents.uk/

The UK government wants to ratify this international treaty before the end of March, when the Brexit process starts. This can happen at any day now, and only a Parliamentary debate can stop it.

Please call your MP now, and help us to stop the ratification of this undemocratic treaty.

Best regards,


About 25 companies and more than 100 people have signed the UPC petition, in spite of not many people comprehending patents and knowing what the UPC is actually about. There is still time to sign some more and send the link around (to solicit more signatures). The date which Team UPC said would be the day for ratification is already 5 days behind, so their optimistic prediction (as always) turns out to have been bunk. Just like their job advertisements -- for openings that did not even exist and probably will never exist.

"The date which Team UPC said would be the day for ratification is already 5 days behind, so their optimistic prediction (as always) turns out to have been bunk."But don't think that Team UPC is defeated. As we shall show in the next few posts, Team UPC works tirelessly and resorts to dirty tricks in an effort to ram the UPC down the UK's throat by this month's end. They know it's going to take a miracle, or simply mischief. Bird & Bird, a large part of Team UPC (trying to profit from this), wrote this a month ago: "#UPP2017 insight. Want to know how to prepare for the #UPC and #UnitaryPatent this spring? Okay, @twobirdsIP have got you covered: pic.twitter.com/TuN3wiRl7r"

So they're so optimistic about it that they already approach clients for money, as one might expect. One of their vocal workers, Wouter Pors, even takes advantage of Merpel's throwing of the towel to promote the UPC. Here is his self-serving (promotional towards the end) comment:

Dear Merpel,

It is indeed a pity that so far no majority could be reached in the Administrative Council to take the decisions that would improve the situation at the EPO. It is also a pity that the decision to move the Boards of Appeal to Haar, which doesn't seem to serve any sensible purpose, was not stopped by a majority in the Administrative Council. However, that doesn't mean that nothing is happening. In my view, it is important that those delegations that do strive for improvement and spend enormous amounts of time and effort to achieve positive results continue to be supported. An independent and critical press can play an important role in the process. Your posts are widely read thoughout the EPC conutries and I think it is worthwhile to keep this up.

The EPO as such is a wonderful organisation for patent harmonization and will become even more crucial with the introduction of the Unitary Patent. It is and will remain important to closely monitor developments and stimulate progress, certainly also towards and after 30 June 2018.

Wouter Pors


Wouter Pors, who has been pushing for the UPC for personal gain, weighs in and pushes the perception that the UPC is inevitable and unstoppable. This isn't the first time he comments in this British blog to promote the Unitary Patent; of course not. We covered other examples and later on we'll show how he and his colleagues in the Netherlands use their own blog to advance misleading stories.

Recent Techrights' Posts

Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
 
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work