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

02.11.18

In Spite of Suppression Attempts, Resistance to UPC and EPO Tyranny Still Enters Kluwer Patent Blog

Posted in Europe, Patents at 6:47 am by Dr. Roy Schestowitz

Kluwer on Battistelli

Summary: A popular forum for discussion about patents in Europe is growingly repressive when it comes to free speech (the same goes for IP Kat), but sometimes the voices of resistance — i.e. sobering truth rather than shameless self-promotion — still manage to be published there

THE writers at Kluwer Patent Blog have long been the main pushers behind the UPC. That’s hardly a secret. It’s very easily demonstrable. There are maybe, at most, two contributors there who dare mention EPO scandals. They otherwise turn a blind eye, with a couple of exceptions very recently.

Sometimes they cover USPTO matters and a few days ago they wrote about the EPO only in relation to a European Patent (but never about any European scandals). To quote this example:

In a recent judgment rendered by the Danish Maritime and Commercial Court between Coloplast A/S (Coloplast) and Hollister Incorporated (Hollister), the Court considered whether or not Coloplast was the co-inventor (and co-owner) of a patent application filed by Hollister.

In 2011, Hollister filed its European patent application EP 11175010.5 regarding a catheter package and the EPO stated its intention to grant a European patent to Hollister on that basis. The EPO had issued a Druckexemplar including the patent claims that the EPO in-tended to grant. The Court decided to render its judgment on the basis of the Druckexem-plar.

On Friday, as we noted here before, Kluwer Patent Blog published a bunch of UPC lies, seemingly composed anonymously by Bristows. The lies begin from the very first sentence. We saw several people online picking on these lies, but leaving comments to that effect might prove hard (Bristows deletes comments in that blog). The following new comment got past the even stricter moderation (censorship policy intended to suppress voices against the UPC — voices that some Kluwer writers conveniently describe/dismiss as just "trolls" and "idiots").

That this comment got in is somewhat of a miracle, so we would like to quote it:

I find the following an interesting statement:
“Ramsay hopes the UK will complete the ratification formalities of the UPCA and the Protocol on Privileges and Immunities soon and that it can stay in the UP system post-Brexit”.

This is a clear (albeit indirect) acknowledgement that the UK’s post-Brexit participation is not guaranteed. Nice to see reality finally acknowledged.

However, it is a shame that it stops there. This is because many of the uncertainties over the UK’s continued participation in the UP system are equally applicable to the question of whether the UPC Agreement is (or will continue to be) compatible with EU law.

The clear (and repeated) indications from Westminster are that the UK will be leaving both the single market and the customs union, as well as the jurisdiction of the CJEU. The rationale behind this is that only by doing all of this will the UK be able to control immigration from EU Member States, and to conclude its own trade deals with other countries / regions. The government has strong drivers to stick to this rationale, including avoiding both electoral suicide and disintegration of the governing party.

It is therefore wishful thinking to believe that there can somehow be special deals to suit the interests of specific (eg financial or legal) sectors. The UK government has far more pressing problems than working out how to strike a deal that (somehow, magically) submits the UK to the jurisdiction of the CJEU (AND all potentially relevant EU laws) just for the purposes of patent and SPC disputes at the UPC. An example of the more pressing questions is how, if the UK is leaving the customs union, will it be possible to avoid putting in place a “hard” border between Northern Ireland and the Republic of Ireland? My suggestion is that hopes of the UK staying in the UP / UPC system should be put on hold until, at the very least, a workable solution to the Irish problem has been found.

Whilst such realities may not be pleasant to contemplate, we should at least acknowledge them. A good first step on this path would be, BEFORE the UPP comes into force, to pose questions to the CJEU about compliance of the UPC Agreement with EU law. The only way for this to happen is if the BVerfG admits the constitutional complaint for a full decision. Thus, arguing against admission of that complaint hardly seems a sensible strategy, as it amounts to nothing more than a wish and a prayer that the whole system will not come crashing down when reality finally bites.

Thorsten Bausch, one of the very few bloggers there who dare mention EPO scandals, has just started a series about the EPO’s deviation from its goals/spirit. Last night he published part 1, alluding to the vision that the EPO recently altered, as we noted last year:

At a minimum, the EPO’s vision shows what the Office wants to be. Moreover, it gives some clues about the criteria in which the EPO wants to excel and, hopefully, accepts being evaluated. Summarized briefly, these are:

o Expert, well-supported and motivated staff
o Quality (EPO aims high by aiming at “standard-setting worldwide”)
o Relationships (both within the EPO and the outside world) prospering through
— Trust
— Transparency
— Fairness and
— Mutual Respect
o Efficient services delivered under the EPC.

I will therefore endeavour to draft a series of four contributions on this blog over the next couple of weeks, setting forth my personal experiences and opinions on where the EPO currently stands with regard to each of these criteria. As always, your comments, also critical ones, are welcome, but please stay respectful and to the point. Our overall aim should be to help reaching the EPO this commendable vision. This may (and sometimes must) include critique, but does not justify personal aggressions against persons having a different opinion than yours.

The term “personal aggressions” is rather odd and very Battistelli-esque. To Battistelli, differing opinion constitutes aggression and merits dismissal, demotion, etc. Some Kluwer bloggers went as far as to label differing opinions (e.g. on UPC) “trolls” and “idiots”. Freedom of speech isn’t a concept these people quite grasp. Techrights received 33,698 comments and never deleted even one (not even very rude ones).

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 16/8/2018: MAAS 2.4.1, Mesa 18.2 RC3

    Links for the day



  2. USPTO Craziness: Changing Rules to Punish PTAB Petitioners and Reward Microsoft for Corruption at ISO

    The US patent office proposes charging/imposing on applicants that are not customers of Microsoft a penalty; there’s also an overtly and blatantly malicious move whose purpose is to discourage petitions against wrongly-granted (by the USPTO) patents



  3. The Demise of US Software Patents Continues at the Federal Circuit

    Software patents are rotting away in the United States; it remains to be seen when the U.S. Patent and Trademark Office (USPTO) will truly/fully honour 35 U.S.C. § 101 and stop granting such patents



  4. Almost Two Months After the ILO Ruling Staff Representative Brumme is Finally Back on the Job at EPO

    Ion Brumme gets his position at the EPO back, owing to the Administrative Tribunal of the International Labour Organization (ILO-AT) ruling back in July; things, however, aren't rosy for the Office as a whole



  5. Links 15/8/2018: Akademy 2018 Wrapups and More Intel Defects

    Links for the day



  6. Antiquated Patenting Trick: Adding Words Like 'Apparatus' to Make Abstract Ideas Look/Sound Like They Pertain to or Contain a 'Device'

    35 U.S.C. § 101 (Section 101) still maintains that abstract ideas are not patent-eligible; so applicants and law firms go out of their way to make their ideas seem as though they're physical



  7. Open Invention Network (OIN) Member Companies Need to Become Unanimous in Opposition to Software Patents

    Opposition to abstract software patents, which even the SCOTUS and the Federal Circuit nowadays reject, would be strategically smart for OIN; but instead it issues a statement in support of a GPL compliance initiative



  8. President Battistelli 'Killed' the EPO; António Campinos Will 'Finish the Job'

    The EPO is shrinking, but this is being shrewdly disguised using terms like "efficiency" and a low-profile President who keeps himself in the dark



  9. Links 14/8/2018: Virtlyst 1.2.0, Blender 2.8 Planning Update, Zorin OS 12.4, FreeBSD 12.0 Alpha

    Links for the day



  10. Berkheimer Changed Nothing and Invalidation Rates of Abstract Software Patents Remain Very High

    Contrary to repetitive misinformation from firms that 'sell' services around patents, there is no turnaround or comeback for software patents; the latest numbers suggest a marginal difference at best — one that may be negligible considering the correlation between expected outcomes and actions (the nature of risk analysis)



  11. Lockton Insurance Brokers Exploiting Patent Trolls to Sell Insurance to the Gullible

    Demonstrating what some people have dubbed (and popularised) "disaster capitalism", Lockton now looks for opportunities to profit from patent trolls, in the form of "insurance" (the same thing Microsoft does)



  12. Patent Lawyers Writing Patent Law for Their Own Enrichment Rather Than for Innovation

    We have become detached from the original goals and come to the point where patent offices aren't necessarily run by people qualified for the job of advancing science and technology; they, unlike judges, only seem to care about how many patents get granted, irrespective of their quality/merit



  13. Links 13/8/2018: Linux 4.18 and GNU Linux-libre 4.18 Arrive

    Links for the day



  14. PTAB is Loathed by Patent Maximalists Because It Can Potentially Invalidate Thousands of Software Patents (More Than Courts Can Handle)

    The US patent system has become more resistant to software patents; courts, however, are still needed to invalidate such patents (a potentially expensive process) because the USPTO continues to grant these provided some fashionable buzzwords/hype waves are utilised (e.g. "facial recognition", "blockchain", "autonomous vehicles")



  15. Gene Quinn and 'Dallas Innovates' as Couriers of Agenda for Patent Trolls Like iPEL

    Failing to hide their real purpose and malicious agenda, sites whose real purpose is to promote a lot of patent litigation produce puff pieces, even for patently unethical trolls such as iPEL



  16. Software Patents, Secured by 'Smart' and 'Intelligent' Tricks, Help Microsoft and Others Bypass Alice/Section 101

    A look at the use of fashionable trends and buzzwords to acquire and pass around dubious software patents, then attempting to guard these from much-needed post-Alice scrutiny



  17. Keep Boston (and Massachusetts in General) From Becoming an Infestation Zone for Patent Litigation

    Boston, renowned for research and innovation, has become somewhat of a litigation hotbed; this jeopardises the state's attractiveness (except perhaps to lawyers)



  18. Links 12/8/2018: Academy of Motion Picture Arts and Sciences, Mesa 18.1.6 Release Notice, New Linux Imminent

    Links for the day



  19. Thomas Massie's “Restoring America’s Leadership in Innovation Act of 2018” (RALIA) Would Put the US Patent System in the Lions' (or Trolls') Mouth Again

    An anti-§ 101 and anti-PTAB bill from Rep. Thomas Massie (R-KY) strives to remove quality control; but by handing the system back to patent trolls he and his proponents simply strive to create more business of litigation, at the expense of innovation



  20. EPO-Style Problem-Solution: Tackling Backlog by Granting Lots of Low-Quality (Bogus) European Patents, Causing a Surge in Troll/Frivolous Litigation

    The EPO's lack of interest in genuine patent quality (measuring "quality" in terms of speed, not actual quality) may mean nothing but a litigation epidemic; many of these lawsuits would be abusive, baseless; those harmed the most would be small businesses that cannot afford a legal defense and would rather settle with those who exploit questionable patents, notably patent trolls



  21. Links 11/8/2018: PGP Clean Room 1.0, Ring-KDE 3.0.0, Julia 1.0

    Links for the day



  22. Propaganda Sites of Patent Trolls and Litigators Have Quit Trying to Appear Impartial or Having Integrity

    The lobbying groups of patent trolls (which receive money from such trolls) carry on meddling in policy and altering perception that drives policy; we present some new examples



  23. Months After Oil States the Patent Maximalists Still Try to Undermine Inter Partes Reviews (“IPRs”), Refusing to Accept Patent Quality

    The patent maximalists in the United States, seeing that the USPTO is moving away from patent maximalism, is desperate for a turnaround; prominent patent maximalists take it all out on PTAB



  24. The Unified Patent Court (UPC) Agreement is Paralysed, So Team UPC is Twisting Old News

    Paralysis of the Unified Patent Court Agreement (UPCA) means that people are completely forgetting about its very existence; those standing to benefit from it (patent litigation firms) are therefore recycling and distorting old news



  25. Patents as Profiteering Opportunities for Law Firms Rather Than Drivers of Innovation for Productive Companies

    A sample of news from yesterday; the patent microcosm is still arguing about who pays attorneys’ fees (not whether these fees are justified) and is constantly complaining about the decline in patent litigation, which means fewer and lower attorneys’ fees (less work for them)



  26. Links 9/8/2018: Mesa 18.2 RC2, Cockpit 175, WPA-2 Hash Cracking

    Links for the day



  27. Patent Maximalists -- Not Reformers -- Are the Biggest Threat to the Viability of the Patent System and Innovation

    Those who strive to infinitely expand patent scope are rendering the patent system obsolete and completely losing sight of the very purpose of the patent system, whose sanity US courts and lawmakers gradually restore (one ruling and one bill at a time)



  28. WeMove.EU Tackles Low Patent Quality at the European Patent Office (EPO)

    The breadth of European Patents, which now cover even nature itself, worries public interest groups; Team UPC, however, wants patent scope to expand further and António Campinos has expressed his intention to further increase the number of grants



  29. Links 8/8/2018: KDE Neon for Testing, New LibreOffice Release, Dart 2.0

    Links for the day



  30. Links 7/8/2018: TCP Vulnerability in Linux, Speck Crypto Code Candidate for Removal

    Links for the day


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