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

03.28.17

Techrights Was Right About the Unitary Patent (UPC)

Posted in Europe, Patents at 3:52 am by Dr. Roy Schestowitz

It was never meant to be as the UPC is inherently an enemy of Europeans

A shipwreck of UPC

Summary: No Unified Patent Court in the UK and probably nothing like it in the rest of Europe any time soon (if ever)

WE don’t typically brag, but when it comes to the UPC, it’s a big “we told you so!”

“The UPC as we know it is dead. It’s a dead project whose only salvation might come through restructuring, renaming, etc.”We went against the current of EPO lies and Team UPC lies and we expect nothing to happen by tomorrow (when it comes to ratification in the UK). It throws the whole thing into a massive, inevitable limbo again. The UPC as we know it is dead. It’s a dead project whose only salvation might come through restructuring, renaming, etc.

For those who don’t know why the UPC is bad, see this press release that we co-authored earlier this month. The UPC is — among other things — about making outrageous patent scope, i.e. software patents, “universal” or “unified” in Europe. It’s a massive risk to Europe.

The Liar in Chief has just been to Brussels in one last (and desperate) effort to salvage the UPC, but he too begrudgingly contradicted himself by refuting previous statements that he made.

“Will IAM apologise for misleading readers?”IAM, the eternally-loyal propaganda mill of the Liar in Chief wrote about it yesterday: “Support for UPC among MEPs, says EPO president. But still no UK ratification & this week Article 50 is invoked.”

So who was right and who was wrong? Will IAM apologise for misleading readers? How about all that fake news that IAM has been spreading about Spain earlier this month? Yesterday we found this new article from Hogan Lovells (via social media and EPO insiders who told us about it). It’s titled “False alarm: Spain will not join the Unitary patent system after all,” but it was not a false alarm. It was just fake (or highly distorted) news from Team UPC firms. Their contagious lies (they said to each other what they wanted to believe) were accepted by many, included media, but as we said all along, Spain was definitely not close to ratification, for the following reasons:

(a) Spanish companies would not be able to file European patents with unitary effect (“Unitary patents”) in their own official language, Spanish.

(b) Since the Unitary patents would not need to be translated into Spanish in order to produce effects in Spain (unlike the case of “traditional” European patents), the Spanish companies would not benefit from the disclosures therein.

(c) The linguistic regime would also produce legal uncertainty for Spanish companies, which would have to respect the rights conferred by more than 95,000 new patents per year (not translated into Spanish). Spanish companies would, then, bear the costs of the relevant translations.

(d) Moreover, Spanish companies would be forced to plead in English, French or German in invalidity and non-infringement declaratory proceedings which would be heard by the Unitary Patent Court (“UPC”) central division. Spanish companies sued for infringement before the local divisions would also have to litigate in a language other than Spanish chosen by the patentee.

There is a campaign of lies not just inside the management of the EPO (which cannot stop lying even to its own staff, as recently as last week); the campaign of lies extends to Battistelli’s allies of convenience (Team UPC), who strive to see the UPC becoming a reality, even in the face of countless barriers. Their track record on accuracy is so utterly poor that anyone who pays such firms for ‘services’ or ‘advice’ is not just throwing money down the drain but probably does more harm than good. There won’t be UPC this year. There might never be a UPC at all (even outside Britain) as the EPO rots, Battistelli is widely seen as not credible, and serious questions are raised about the merit/potency of those patents which Battistelli wants to make ‘unitary’ (they’re not even worth the paper Jouve supposedly prints them on).

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. FOSSPatents Conference is Against FOSS, Promoting the FOSS-Hostile Construct Known as RAND or FRAND

    Do not be misled by the term Free/Open Source software (FOSS) in the name FOSSPatents and whatever relates to it (e.g. FOSSPatents Conference); it's not about FOSS but against FOSS, or pro-FRAND



  2. Europe is Under Attack

    European politicians or political candidates pretend to be 'candid'; but they're agents of Power, or put another way, they're there to make the rich and powerful class even richer and more powerful by passing new, ruinous laws in the name of 'the people' or 'for SMEs'



  3. Links 15/11/2019: New Opera and Brave, GNU/Linux Flatpa(c)ked

    Links for the day



  4. IRC Proceedings: Thursday, November 14, 2019

    IRC logs for Thursday, November 14, 2019



  5. Understanding Thierry Breton: Toxic Management Goes on Trial in France

    "In each of these cases, the suicide served as a symbolic act of protest to denounce workplace conditions at France Télécom and attract public attention to its practices."



  6. Thierry Breton's Video/Live Grilling is Over, But the Grilling Continues Online

    Elite politicians aren't reluctant to give Thierry Breton the high seat (or throne); but everyone else realises that this resembles a corporate takeover more than anything



  7. The EPO's Low Patent Quality is Not Just Suicidal; It is Illegal

    With help from the besieged Boards of Appeal (BoAs), which complain that they can no longer judge cases (appeals/referrals) autonomously and independently, the Office in Munich continues to grossly violate the EPC and mimic China's ridiculously low patent bar, which even formally permits patents on algorithms



  8. Links 14/11/2019: Mesa 19.2.4 and GCC 7.5 Released

    Links for the day



  9. Microsoft is Not an Open Source Company But Microsoft Bribed and Took Over Many Open Source Authorities (Rivals' Voice Hijacked)

    Free/Open Source software (FOSS) and GNU/Linux are being taken over by Microsoft moles, bought by Microsoft Corporation, and the collective voice of the alternative to Microsoft and Windows is being muzzled (they tell us they "love" us while they're attacking us and sometimes suing us)



  10. Techrights' Interpretation of Koch v EPO: The EPO's Management Still Attacks Staff Representatives

    The EPO hopes to get its victims (of EPO abuse) to not only foot their own bills but also the EPO's



  11. Understanding Thierry Breton: “Mister Cash” Arrives at France Télécom

    The psychological harassment of the France Télécom workforce led the "suicide wave" after Breton had left France Télécom



  12. The Breton-Battistelli Relationship and Breton Hiding His Employment Record at Rothschild & Cie Banque

    EPO scoundrels such as Battistelli are closer to Breton than most people care to realise; Breton is hiding part of his career ahead of today's grilling



  13. A Lot of EPO Staff on Dutch Land Protested (Despite Abusive Threats From Management) and a Strike is Reportedly Next

    EPO management in Rijswijk tried hard to prevent workers from protesting on their free time (lunch break), reaffirming that same old belief that nothing is changing at the EPO and nothing will change without truly disruptive action



  14. IRC Proceedings: Wednesday, November 13, 2019

    IRC logs for Wednesday, November 13, 2019



  15. Links 13/11/2019: Docker Enterprise Bought, WordPress 5.3, Qt 5.12.6 Released

    Links for the day



  16. Rebranding Malware and Spyware as 'Linux' to Dilute the Brand (and the News)

    Signal-to-noise ratio continues to be reduced, as a lot of "Linux" news has nothing to do with GNU/Linux or even with Free software



  17. Understanding Thierry Breton: In the Beginning...

    Career roundup of Thierry Breton, possibly the next EU Commissioner



  18. Startpage Has Been Delisted, But it Ought to be Blacklisted

    Startpage has just warned its fans (I am a former fan) of what Startpage itself covertly became months back



  19. IRC Proceedings: Tuesday, November 12, 2019

    IRC logs for Tuesday, November 12, 2019



  20. Links 12/11/2019: Plasma 5.17.3, More Intel Defects, Bytecode Alliance

    Links for the day



  21. You've Gotta Go When You've Gotta Go

    How most staff of the European Patent Office (EPO) feels these days



  22. Teaser: Thierry Breton and His Disquieting Past

    "The company attracted notoriety and loathing in the UK for its role in assessing disability benefit eligibility."



  23. EPO and EU: People Behind the Faces

    It’s no secret that the EPO breaks the law and European officials have taken no concrete steps to intervene; to make matters worse, potentially new EPO allies may soon be put in charge of the EU Commission



  24. Maintaining the 'Delete Github' page

    "This list really is a starting point, which can hopefully increase awareness about the issue of concern."



  25. Linux Foundation Picking Money

    The dating standards of the Linux Foundation



  26. Microsoft 'Borrows' the Linux Brand

    With help from the likes of the Linux Foundation Microsoft continues to misuse and ‘dilute’ the Linux brand (and registered trademark)



  27. EPO Corruption Compared to Cocaine Scandals in Antwerp

    Days after the Dutch protest discussion is sort of 'uncorked' regarding EPO corruption (published, as usual, in the form of anonymous comments)



  28. SUEPO Showed That the Media Won't Cover EPO Corruption Until Half the Workers March in the Streets

    What ought to have been a central (if not 'the' central) issue of debate in Europe is still being treated as borderline irrelevant or marginal



  29. Meanwhile in California

    News from California is being spun by Microsoft this week, owing to weak journalism that's more like PR than journalism



  30. Privacy-Centric Services and Even Drupal/Acquia Defect to the Camp of Mass Surveillance

    In search of money [pun intended] companies and services that are supposed to respect their customers and users turn out to be doing the opposite; this merits research and public discussions


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