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09.10.17

European Patent Office in Shambles and the EU’s Brexit Position Paper Suggests UPC is Off the Agenda

Posted in Europe, Patents at 4:54 am by Dr. Roy Schestowitz

UPC in binSummary: The stressful situation at the EPO is having a knock-on effect on the Unified Patent Court (UPC), which now lacks the support needed for ratification (Unitary Patent means patent chaos, extortionate trolls, and litigation with low-quality patents)

“The European Patent Office prioritizes the applications from large multinationals over smaller European businesses,” says Soylent News (millions of readers there), referring to something we exposed in a leak almost 2 years ago. A reader told us that the media is now speaking about it. Better late than never. “Another large point of contention caused by the EPO is their granting of software patents in direct violations of the European Patent Convention (EPC),” it added.

It has now been over three years since the EPO ‘saga’ began. Things have gone sharply downhill since then. As for the UPC, well… it’s dying along with Team Battistelli, which is in disarray as Battistelli desperately shuffles the seats at the deck of a sinking ship, including the new Captain (only days left — 4 to be precise — for applicants to pursue presidency). We still have a long series on its way. It will show some (or expose, even reveal) things related to this.

“Everything we have seen so far in the UPC as been nefarious, full of lies, sometimes even aggressive. So we’re no longer surprised.”The UPC is dead here; even its biggest fans, such as IAM, say that the “EU IP and Brexit position paper has been published. It’s short and makes no mention of the UPC.”

IAM later wrote: “The UK justifies ratification of UPC agreement on the basis it is not an EU institution. No mention of it in the EC paper confirms that.”

I responded with: “Source missing? The latest UK-IPO report says nothing of that kind. At all.”

We wrote at least 2 articles to rebut that. UPC spinners (like Bristows and Managing IP) try to paint a report that says nothing about UPC as something about UPC. Bristows went way too far in this trajectory, so it’s not impossible that IAM got bamboozled by them.

“There’s no “rest of it”; it just doesn’t mention the UPC because it’s off the agenda, at least for now.”Everything we have seen so far in the UPC as been nefarious, full of lies, sometimes even aggressive. So we’re no longer surprised.

Responding to IP Kat‘s article about the EU ‘IP’ [sic] and Brexit position paper, someone wrote: “Am I the only person thinking “where’s the rest of it?”

There’s no “rest of it”; it just doesn’t mention the UPC because it’s off the agenda, at least for now. Consider what’s happening in Germany, the country most critical (central) to the UPC. We shall revisit that subject later.

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