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. EPO 'Business' From the United States Has Nosedived and UPC is on Its Death Throes

    Benoît Battistelli and Elodie Bergot further accelerate the ultimate demise of the EPO (getting rid of experienced and thus 'expensive' staff), for which there is no replacement because there is a monopoly (which means Europe will suffer severely)



  2. Links 17/11/2017: KDE Applications 17.12, Akademy 2018 Plans

    Links for the day



  3. Today's EPO and Team UPC Do Not Work for Europe But Actively Work Against Europe

    The tough reality that some Europeans actively work to undermine science and technology in Europe because they personally profit from it and how this relates to the Unitary Patent (UPC), which is still aggressively lobbied for, sometimes by bribing/manipulating the media, academia, and public servants



  4. Links 16/11/2017: WordPress 4.9 and GhostBSD 11.1 Released

    Links for the day



  5. The Staff Union of the EPO (SUEPO) is Rightly Upset If Not Shocked at What Battistelli and Bergot Are Doing to the Office

    The EPO's dictatorial management is destroying everything that's left (of value) at the Office while corrupting academia and censoring discussion by threatening those who publish comments (gagging its own staff even when that staff posts anonymously)



  6. EPO Continues to Disobey the Law on Software Patents in Europe

    Using the same old euphemisms, e.g. "computer-implemented inventions" (or "CII"), the EPO continues to grant patents which are clearly and strictly out of scope



  7. Links 16/11/2017: Tails 3.3, Deepin 15.5 Beta

    Links for the day



  8. Benoît Battistelli and Elodie Bergot Have Just Ensured That EPO Will Get Even More Corrupt

    Revolving door-type tactics will become more widespread at the EPO now that the management (Battistelli and his cronies) hires for low cost rather than skills/quality and minimises staff retention; this is yet another reason to dread anything like the UPC, which prioritises litigation over examination



  9. Australia is Banning Software Patents and Shelston IP is Complaining as Usual

    The Australian Productivity Commission, which defies copyright and patent bullies, is finally having policies put in place that better serve the interests of Australians, but the legal 'industry' is unhappy (as expected)



  10. Patent Trial and Appeal Board (PTAB) Defended by Technology Giants, by Small Companies, by US Congress and by Judges, So Why Does USPTO Make It Less Accessible?

    In spite of the popularity of PTAB and the growing need/demand for it, the US patent system is apparently determined to help it discriminate against poor petitioners (who probably need PTAB the most)



  11. Declines in Patent Quality at the EPO and 'Independent' Judges Can No Longer Say a Thing

    The EPO's troubling race to the bottom (of patent quality) concerns the staff examiners and the judges, but they cannot speak about it without facing rather severe consequences



  12. The EPO is Now Corrupting Academia, Wasting Stakeholders' Money Lying to Stakeholders About the Unitary Patent (UPC)

    The Unified Patent Court/Unitary Patent (UPC) is a dying project and the EPO, seeing that it is going nowhere fast, has resorted to new tactics and these tactics cost a lot of money (at the expense of those who are being lied to)



  13. Links 15/11/2017: Fedora 27 Released, Linux Mint Has New Betas

    Links for the day



  14. Patents Roundup: Packet Intelligence, B.E. Technology, Violin, and Square

    The latest stories and warnings about software patents in the United States



  15. Decline of Skills Level of Staff Like Examiners and Impartiality (Independence) of Judges at the EPO Should Cause Concern, Alarm

    Access to justice is severely compromised at the EPO as staff is led to rely on deficient tools for determining novelty while judges are kept out of the way or ill-chosen for an agenda other than justice



  16. Links 14/11/2017: GNU/Linux at Samsung, Firefox 57 Quantum

    Links for the day



  17. Microsoft: Sheltering Oneself From Patent Litigation While Passing Patents for Trolls to Attack GNU/Linux

    Another closer look at Provenance Asset Holdings and what exactly it is (connection to AST, part of the cartel Microsoft subsidises to shield itself)



  18. The Patent Trolls' Lobby is Losing the Battle for Europe

    The situation in Europe is looking grim for patent trolls, for their policies and the envisioned system (which they lobbied for) isn't coming to fruition and their main casualty is the old (and functioning) EPO



  19. Unitary Patent (UPC) is Dead to the EPO and ANSERA is Not the Answer as Patent Quality Declines and Talented Staff Leaves

    EPOPIC comes to an end and the EPO does not mention the UPC 'content' in it; ANSERA, in the meantime, raises more questions than it answers and IP Kat makes a formal query



  20. Why Honest Journalism on Patent Matters Barely Exists

    Media coverage in the area of patent law is still appalling as it's dominated if not monopolised by those who benefit from patent maximalism



  21. Patent Maximalism Around the World

    A roundup of stories or spin observed over the past week, mostly favouring those who profit from patents rather than creation of anything



  22. Links 13/11/2017: Samsung’s DeX Revisited, Linux Kernel 4.14 Released

    Links for the day



  23. Time for the Court of Appeals for the Federal Circuit (CAFC) to Disregard Rulings From the Eastern District of Texas

    A look at the latest developments at the Federal Circuit and some bits about Microsoft's extortion using software patents (even after Alice)



  24. Alice (De Facto Ban on Software Patents) Remains Untouched in 2017 and Likely in 2018 As Well

    The patent microcosm (people like Dennis Crouch) is trying to find cases that can contradict Alice (at the higher levels, especially the US Supreme Court) but is unable to find them; as things stand, suing anyone with a software patent seems like a losing/high-risk strategy



  25. The USPTO's Joe Matal (Interim Director) Sounds Serious About Improving the Patent Quality and Services

    An expressed desire to improve the US patent system rather than treat is like a money-making machine, as illuminated in recent days by Patently-O



  26. Patent Trial and Appeal Board (PTAB) Defends Firms From Bogus Patents and US Congress Hears About How PTAB Dodgers Misuse Immunity

    The debate about PTAB is being lost by the patent microcosm, whose attempt to dodge and demonise PTAB merely serves to reinforce PTAB's importance and continued success



  27. Links 11/11/2017: Mesa 17.2.5 and Wine 2.21 Released

    Links for the day



  28. Benoît Battistelli Gives Power to Željko Topić, Not Just to António Campinos

    Topić still derives power from Battistelli, who treats him like his right-hand man



  29. Next EPO President Will Continue a Cooperation Which Does Not Exist

    Kluwer Patent Blog is nitpicking the words of António Campinos and expressing scepticism about progress to be made by Campinos



  30. More Microsoft AstroTurfing by Association for Competitive Technology (ACT) and Mingorance

    ACT, now led by Morgan Reed rather than Zuck, is still meddling in European policy (software patents agenda) and other familar front groups appear at the scene in an effort to influence DG Competition


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