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

04.21.17

Expect Team UPC to Remain in Deep Denial About the Unitary Patent/Unified Court (UPC) Having No Prospects

Posted in Europe, Patents at 9:01 am by Dr. Roy Schestowitz

It’s called belief disconfirmation

A belief disconfirmation

Summary: The prevailing denial that the UPC is effectively dead, courtesy of sites and blogs whose writers stood to profit from the UPC

READERS keep telling us (even today) that patent quality at the EPO is farcical. It’s not the fault of examiners but the fault of their superiors, who threaten them with unemployment (for ‘daring’ to do their job like they’re supposed to). We can relate to the problem as we have covered similar scenarios (elsewhere) over the years.

“The only ‘businesses’ that are guaranteed to profit are litigation firms, even if (or especially if) the litigation is frivolous.”The EPO, based on this new press release, grants yet more controversial and low quality patents while working to make litigation easier and harsher (UPC). Who benefits from that? Certainly not the average European business. The only ‘businesses’ that are guaranteed to profit are litigation firms, even if (or especially if) the litigation is frivolous. They would profit from both sides of a legal dispute over patents.

Here in Techrights we have been amicable and oftentimes collaborative with other sites that covered EPO scandals, including IP Kat, so we are deeply disturbed to see what this blog has become lately. We have begun joking that Bristows has managed to ‘buy’ the blog, so to speak. The past 7 posts in the blog, for example, are all composed by Bristows staff (this is the latest) and it’s just self promotion like this: “The IPKat’s own Annsley Merelle Ward (a.k.a. the Amerikat) eloquently introduced the philosophical question: is there an existential crisis in the equilibrium between patent filings and trade secrets? She noted that various commentators from industry have suggested an increased trend for a preference for trade secrets, leading to a decrease in innovation.”

“So they hope that the British government will change the law too, in order to accommodate the UPC, even when British companies oppose it?”She is talking about “innovation” while not practicing/championing any and also while promoting UPC and software patents. Who are these people kidding? It’s an echo chamber-like event that we have scrutinised here over the years [1, 2], even 7 years ago.

Responding to the part about UPC (echoing Battistelli’s paid-for liars), one person tackled the issue of changing national laws for Battistelli and his ilk by stating: “Regarding Unitary Patents: Couldn’t the UK Government simply legislate unilaterally to recognise the effect of Unitary Patents in the UK? No agreement with the EU or official negotiation of an agreement under Article 142 EPC required?”

So they hope that the British government will change the law too, in order to accommodate the UPC, even when British companies oppose it? All that latest propaganda from Bristows serves to reinforce our accusations from last year. Another new comment said: “And so, the summary is?? It’s hard to tell whether the ‘oh, it’ll be alright’ is knowledge, blind optimism or desperation. CH and NO seem to be complicated whereas UK is tootling along nicely (although it is still complicated?). I’m lost. 2017? 2018? 2019?…”

“It probably won’t be long before Bristows posts another IP Kat analysis spinning the General Election as “good” news for UPC.”And soon they’ll say 2020, 2021…

It probably won’t be long before Bristows posts another IP Kat analysis spinning the General Election as “good” news for UPC. Maybe they’re still working/figuring out on how to construct such a lie. Remember that infamous lie about SMEs? Or Bristows' latest spin about UPC and trolls?

Linking to pro-UPC sites, UPC proponents in Germany state: “Don’t you have a constitutional discontinuity principle in the #U.K.? Meaning: after elections all legislative processes are reset? We have.”

“Remember the swpat [software patents] directive,” Benjamin Henrion responded, “it was discussed to reset the directive because they don´t have it at the EU level.”

“It’s a lobbying strategy, designed to seduce if not actively pressure politicians to ratify. We have seen this strategy in action for over half a decade now.”They are going to try all sorts of workarounds to ensure that they can maintain the charade of UPC being “inevitable”, “unstoppable”, “just a matter of time” or whatever (all lies).

In the above, Mark Richardson should say “call off”, not delay, but for those in the business of legal attacks the UPC means a lot of money so they still pretend that the UPC is bound to happen sooner or later. That’s patently false. It’s a lobbying strategy, designed to seduce if not actively pressure politicians to ratify. We have seen this strategy in action for over half a decade now. It’s truly a classic!

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

    Links for the day



  2. Aurélien Pétiaud's ILO Case (EPO Appeal) an Early Sign That ILO Protects Abusers and Power, Not Workers

    A famous EPO ‘disciplinary’ case is recalled; it’s another one of those EPO-leaning rulings from AT-ILO, which not only praises Battistelli amid very serious abuses but also lies on his behalf, leaving workers with no real access to justice but a mere illusion thereof



  3. LOT Network is a Wolf in Sheep's Clothing

    Another reminder that the "LOT" is a whole lot more than it claims to be and in effect a reinforcer of the status quo



  4. 'Nokification' in Hong Kong and China (PRC)

    Chinese firms that are struggling resort to patent litigation, in effect repeating the same misguided trajectories which became so notorious in Western nations because they act as a form of taxation, discouraging actual innovation



  5. CIPU is Amplifying Misleading Propaganda From the Chamber of Commerce

    Another lobbying event is set up to alarm lawmakers and officials, telling them that the US dropped from first to twelfth using some dodgy yardstick which favours patent extremists



  6. Patent Law Firms That Profit From Software Patent Applications and Lawsuits Still 'Pull a Berkheimer' to Attract Business in Vain

    The Alice-inspired (Supreme Court) 35 U.S.C. § 101 remains unchanged, but the patent microcosm endlessly mentions a months-old decision from a lower court (than the Supreme Court) to 'sell' the impression that everything is changing and software patents have just found their 'teeth' again



  7. A Year After TC Heartland the Patent Microcosm is Trying to 'Dilute' This Supreme Court's Decision or Work Around It

    IAM, Patent Docs, Managing IP and Patently-O want more litigation (especially somewhere like the Eastern District of Texas), so in an effort to twist TC Heartland they latch onto ZTE and BigCommerce cases



  8. Microsoft Attacks the Vulnerable Using Software Patents in Order to Maintain Fear and Give the Perception of Microsoft 'Safety'

    The latest patent lawsuits from Microsoft and its patent trolls (which it financially backs); these are aimed at feeble and vulnerable rivals of Microsoft



  9. Links 19/5/2018: Mesa 18.0.4 and Vim 8.1

    Links for the day



  10. Système Battistelli (ENArque) at the EPO is Inspired by Système Lamy in Saint-Germain-en Laye

    Has the political culture of Battistelli's hometown in France contaminated the governance of the EPO?



  11. In Australia the Productivity Commission Decides/Guides Patent Law

    IP Australia, the patent office of Australia, considers abolishing "innovation patents" but has not done so yet (pending consultation)



  12. Fishy Things Noticed Ahead of the Passage of a Lot of EPO Budget (Applicants' Money) to Battistelli's Other (and Simultaneous) Employer

    Observations and odd facts regarding the affairs of the council in St Germain; it certainly looks like Battistelli as deputy mayor and the mayor (Arnaud Péricard) are attempting to hide something



  13. Links 18/5/2018: AsteroidOS 1.0 Released, More Snyk/Black Duck FUD

    Links for the day



  14. Today's EPO Financially Rewards Abuses and Violations of the Law

    Battistelli shredded the European Patent Convention (EPC) to pieces and he is being rewarded for it, perpetuating a pattern of abuses (and much worse) being rewarded by the European Patent Organisation



  15. So-Called 'System Battistelli' is Destroying the EPO, Warn Insiders

    Low-quality patent grants by the EPO are a road to nowhere but a litigious climate in Europe and an unattractive EPO



  16. Rise in Patent Trolls' Activity in Germany Noted Amid Declining Patent Quality at the EPO

    The UPC would turn Europe into some sort of litigation ‘super-state’ — one in which national patent laws are overridden by some central, immune-from-the-law bureaucracy like the EPO; but thankfully the UPC continues its slow collapse



  17. EPO's Battistelli Taking Days Off Work for Political 'Duties' (Parties) in His French Theatre Where He'll Bring Buckets of EPO Budget (EPO Stakeholders' Money)

    More tales from Saint-Germain-en-Laye...



  18. Links 16/5/2018: Cockpit 168, GCompris 0.91, DHCP Bug

    Links for the day



  19. The EPO's 'Inventor Award' Scam: Part III

    An addendum to the "inventor of the year" affair, namely the case of Remmal



  20. Apple and Microsoft Are Still Suing Companies -- Using Patents of Course -- Which 'Dare' Compete (by Leveraging GNU/Linux)

    The vanity of proprietary software giants — as the latest news serves to reveal — targeting companies with patent lawsuits, both directly and indirectly



  21. The Anti-PTAB (Patent Quality), Anti-§ 101 Lobby is Losing Its Mind and It Has Become Amusing to Observe

    The rants about the Patent Trial and Appeal Board (PTAB), the courts and even the law itself have reached laughable levels; this reveals that the real agenda of patent maximalists is endless litigation and their methods boil down to those of an angry mob, not legal professionals



  22. EPO Has Become Overzealous About Software Patents, Probably More So Than Almost Anywhere Else

    The promotion of an extreme patent regime in Europe continues unabated; whether it succeeds or not depends on what EPO examiners and citizens of Europe can do



  23. Links 15/5/2018: Black Duck's Latest FUD and the EFF's EFFail FUD Debunked Further

    Links for the day



  24. Xiaomi, Samsung, TCL and Others Demonstrate That in a World With an Abundance of Stupid Patents Like Design Patents Nobody is Safe

    The "Cult of Patents" (typically a cabal of law firms looking to have everything on the planet patented) has created a battlefield in the mobile world; every company, once it gets big enough, faces a lot of patent lawsuits and dying companies resort to using whatever is in their "portfolio" to destroy everyone else inside the courtroom (or demand 'protection' money to avert lawsuits)



  25. A Google-Centric and Google-Led Patent Pool Won't Protect GNU/Linux But Merely 'Normalise' Software Patents

    Patent pools, which are basically the wrong solution to a very clear problem, continue to expand and promote themselves; the real solution, however, is elimination of abstract patents, notably software patents



  26. The Patent Microcosm is Still Looking for Ways to Bypass CAFC/PTAB Invalidation of Many US Patents

    In pursuit of patent maximalism (i.e. a status quo wherein US patents — no matter their age — are presumed valid and beyond scrutiny) pundits resort to new angles or attack vectors, ranging from the bottom (IPRs) to the top (Supreme Court)



  27. Inter Partes Reviews (IPRs) Make the United States a Much Better Place for Innovation and Creation

    Jim Logan of Personal Audio LLC (a patent troll) suffers one final blow and other news of interest serves to show just how valuable IPRs have become in the US



  28. The EPO Has Become Extremely Corrupt and Dishonest

    Corruption at the EPO is becoming an easy-to-see epidemic/problem, even if much of the media turns a blind eye to it (partly because of the corruption that's aimed at controlling media coverage)



  29. Reader's Post: The Last Delusion of Benoît Battistelli Before His Departure on June 30th

    “The last delusion of Battistelli before his departure next June 30″ — an informal article contributed by a Techrights reader



  30. It Doesn't Take a Genius to See That Microsoft Still Attacks GNU/Linux With Patents to Make Billions of Dollars in 'Protection' Money

    Intellectual Ventures, Finjan, RPX, and other Microsoft-connected trolls cannot be countered by LOT Network and the likes of it (notably OIN); Microsoft continues to shrewdly distribute patents to trolls, offering 'protection' from them (for a fee) and pressuring OEMs to bundle Microsoft 'apps' or risk retaliatory patent lawsuitsIntellectual Ventures, Finjan, RPX, and other Microsoft-connected trolls cannot be countered by LOT Network and the likes of it (notably OIN); Microsoft continues to shrewdly distribute patents to trolls, offering 'protection' from them (for a fee) and pressuring OEMs to bundle Microsoft 'apps' or risk retaliatory patent lawsuits


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