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

02.12.18

Patent Maximalists Won’t Get Their Way and UPC Will Likely Never Happen (Even After Battistelli)

Posted in Europe, Patents at 6:04 pm by Dr. Roy Schestowitz

Max gross weight

Summary: The incautious optimism from the patent ‘industry’, trying to convince us all that expansion of patent scope and litigation would be a boon to innovation, faces growing resistance; contrary to what the patent microcosm is saying, it’s extremely unlikely that the UK and Germany will ratify the Unified Patent Court (UPC), i.e. open the door for patent trolls in Europe

THE EPO, unlike the USPTO, nearly allowed patents on genetics. We say “nearly” because an opposition was recently successful, insinuating likely interpolation/extrapolation to similar patents, pending an appeal to the Boards. Prior to this it had granted patents on seeds and plants, albeit the European authorities intervened and virtually voided these patents overnight. In the US, as we show every weekend, software patents are being voided very rapidly. It looks as though the USPTO carries on granting such patents (based on their latest descriptions here), but courts would not tolerate these. It’s now very rare/unusual for US courts to uphold software patents. We shall continue to supply evidence of this on a regular basis, refuting the misleading marketing pitch of the patent ‘industry’. We’re vastly outnumbered by them in the media/Web, but the facts are on our side.

“So, earlier today the EPO wrote about CPC (not the Communist Party of China).”In Iceland, based on this report from yesterday, there’s a push against patent maximalists; Iceland is apparently not being held hostage by them (just as it’s no hostage of bankers, whom it arrests instead).

From Iceland Review (citing the better known RÚV):

Icelanders hold no patents for geothermal heat utilization methods in Iceland, and have no such patent applications in progress, RÚV reports. However, a number of patents in this sector are already owned by foreign entities and there are 45 additional, foreign-owned patent applications related to geothermal utilization under review at the Icelandic Patent Office even now.

This information was announced at a symposium on intellectual property rights within the geothermal sector that was hosted by the Icelandic Patent Office and the Ministry of Industries and Innovation on Friday. The purpose of the symposium was to urge companies in the geothermal and energy industries to consider the importance of knowledge and ingenuity in their fields, as well as the importance of protecting intellectual property so as to remain competitive in the industry.

So, earlier today the EPO wrote about CPC (not the Communist Party of China). Benoît Battistelli’s latest ‘blog’ post was quickly promoted in Twitter, as usual (warning: epo.org link). They seem to promote his blog more frequently and a lot faster than they promote the ‘news’ of the EPO (typically also just a bunch of quotes from Battistelli, complemented by his latest photo op/s). Benoît Battistelli speaks of “enhancing the quality and efficiency of patent search and examination” (which he destroyed). He has, in practice, harmed the EPO’s reputation and ability to cooperate in good faith. His blog post is titled “Argentina, CPC and the prospect of reinforced cooperation” and it’s about a meeting which we mentioned last week.

“Benoît Battistelli speaks of “enhancing the quality and efficiency of patent search and examination” (which he destroyed).”We carefully check to see if he mentions the UPC. He used to talk a lot about it, but nowadays it’s a rarity. He prefers not to bring the subject, knowing that he failed to make real progress after nearly 8 years at the Office. The UPC, if anything ever came out of this mess, would enable trolls from outside Europe to prey on European companies. SMEs complain about the UPC, but firms like Bristows habitually lie ‘on behalf’ of SMEs. Earlier today a British writer (for a lawyers’ gazette) said that UK-IPO “confirms that the Order on Privileges and Immunities for the Unified Patent Court has been approved by the privy council.”

“UK ratification edges ever closer,” he concluded from that.

“SMEs complain about the UPC, but firms like Bristows habitually lie ‘on behalf’ of SMEs.”There’s nothing new there except a screenshot of some text confirming what happened. But it does not indicate that UPC is imminent (or even UK ratification being imminent). I responded to him with: “Foreign Office of Boris Johnson? Brexit separatist? He won’t let European courts (in other languages) control UK firms…”

Quite frankly if not bluntly, the British government has more urgent things to deal with than this. And to make commitments to European courts at this stage would not only be premature. It’s unrealistic to expect that.

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. The EPO is Dying and Those Who Have Killed It Are Becoming Very Rich in the Process

    Following the footsteps of Ron Hovsepian at Novell, Battistelli at the EPO (along with Team Battistelli) may mean the end of the EPO as we know it (or the end altogether); one manager and a cabal of confidants make themselves obscenely rich by basically sacrificing the very organisation they were entrusted to serve



  2. Short: Just Keep Repeating the Lie (“Quality”) Until People Might Believe It

    Battistelli’s patent-printing bureau (EPO without quality control) keeps lying about the quality of patents by repeating the word “quality” a lot of times, including no less than twice in the summary alone



  3. Shelston IP Keeps Pressuring IP Australia to Allow Software Patents and Harm Software Development

    Shelston IP wants exactly the opposite of what's good for Australia; it just wants what's good for itself, yet it habitually pretends to speak for a productive industry (nothing could be further from the truth)



  4. Is Andy Ramer's Departure the End of Cantor Fitzgerald's Patent Trolls-Feeding Operations and Ambitions?

    The managing director of the 'IP' group at Cantor Fitzgerald is leaving, but it does not yet mean that patent trolls will be starved/deprived access to patents



  5. EPO Hoards Billions of Euros (Taken From the Public), Decreases Quality to Get More Money, Reduces Payments to Staff

    The EPO continues to collect money from everyone, distributes bogus/dubious patents that usher patent trolls into Europe (to cost European businesses billions in the long run), and staff of the EPO faces more cuts while EPO management swims in cash and perks



  6. Short: Calling Battistelli's Town (Where He Works) “Force for Innovation” to Justify the Funneling of EPO Funds to It

    How the EPO‘s management ‘explained’ (or sought to rationalise) to staff its opaque decision to send a multi-million, one-day ceremony to Battistelli’s own theatre only weeks before he leaves



  7. Short: EPO Bribes the Media and Then Brags About the Paid-for Outcome to Staff

    The EPO‘s systematic corruption of the media at the expense of EPO stakeholders — not to mention hiring of lawyers to bully media which exposes EPO corruption — in the EPO’s own words (amended by us)



  8. Short: EPO's “Working Party for Quality” is to Quality What the “Democratic People's Republic of Korea” is to Democracy

    To maintain the perception (illusion) that the EPO still cares about patent quality — and in order to disseminate this lie to EPO staff — a puff piece with the above heading/photograph was distributed to thousands of examiners in glossy paper form



  9. Short: This Spring's Message From the EPO's President (Corrected)

    A corrected preface from the Liar in Chief, the EPO's notoriously crooked and dishonest President



  10. Short: Highly Misleading and Unscientific Graphics From the EPO for an Illusion of Growth

    A look at the brainwash that EPO management is distributing to staff and what's wrong with it



  11. Short: EPO Explains to Examiners Why They Should and Apparently Can Grant Software Patents (in Spite of EPC)

    Whether it calls it "CII" or "ICT" or "Industry 4.0" or "4IR", the EPO's management continues to grant software patents and attempts to justify this to itself (and to staff)



  12. Links 21/4/2018: Linux 4.9.95, FFmpeg 4.0, OpenBSD Foundation 2018 Fundraising Campaign

    Links for the day



  13. As USPTO Director, Andrei Iancu Gives Three Months for Public Comments on 35 U.S.C. § 101 (Software Patenting Impacted)

    Weeks after starting his job as head of the US patent office, to our regret but not to our surprise, Iancu asks whether to limit examiners' ability to reject abstract patent applications citing 35 U.S.C. § 101 (relates to Alice and Mayo)



  14. In Keith Raniere v Microsoft Both Sides Are Evil But for Different Reasons

    Billing for patent lawyers reveals an abusive strategy from Microsoft, which responded to abusive patent litigation (something which Microsoft too has done for well over a decade)



  15. Links 20/4/2018: Atom 1.26, MySQL 8.0

    Links for the day



  16. Links 19/4/2018: Mesa 17.3.9 and 18.0.1, Trisquel 8.0 LTS Flidas, Elections for openSUSE Board

    Links for the day



  17. The Patent Microcosm, Patent Trolls and Their Pressure Groups Incite a USPTO Director Against the Patent Trial and Appeal Board (PTAB) and Section 101/Alice

    As one might expect, the patent extremists continue their witch-hunt and constant manipulation of USPTO officials, whom they hope to compel to become patent extremists themselves (otherwise those officials are defamed, typically until they're fired or decide to resign)



  18. Microsoft's Lobbying for FRAND Pays Off as Microsoft-Connected Patent Troll Conversant (Formerly MOSAID) Goes After Android OEMs in Europe

    The FRAND (or SEP) lobby seems to have caused a lot of monopolistic patent lawsuits; this mostly affects Linux-powered platforms such as Android, Tizen and webOS and there are new legal actions from Microsoft-connected patent trolls



  19. To Understand Why People Say That Lawyers are Liars Look No Further Than Misleading Promotion of Software Patents

    Some of the latest misleading claims from the patent microcosm, which is only interested in lots and lots of patents (its bread and butter is monopolies after all) irrespective of their merit, quality, and desirability



  20. When News About the EPO is Dominated by Sponsored 'Reports' and Press Releases Because Publishers Are Afraid of (or Bribed by) the EPO

    The lack of curiosity and genuine journalism in Europe may mean that serious abuses (if not corruption) will go unreported



  21. The Boards of Appeal at the European Patent Organisation (EPO) Complain That They Are Understaffed, Not Just Lacking the Independence They Depend on

    The Boards of Appeal have released a report and once again they openly complain that they're unable to do their job properly, i.e. patent quality cannot be assured



  22. Links 18/4/2018: New Fedora 27 ISOs, Nextcloud Wins German Government Contract

    Links for the day



  23. Guest Post: Responding to Your Recent Posting “The European Patent Office Will Never Hold Its Destroyers Accountable”

    In France, where Battistelli does not enjoy diplomatic immunity, he can be held accountable like his "padrone" recently was



  24. The EPO in 2018: Partnering With Saudi Arabia and Cambodia (With Zero European Patents)

    The EPO's status in the world has declined to the point where former French colonies and countries with zero European Patents are hailed as "success stories" for Battistelli



  25. For Samsung and Apple the Biggest Threat Has Become Patent Trolls and Aggressors in China and the Eastern District of Texas, Not Each Other

    The latest stories about two of the world's largest phone OEMs, both of which find themselves subjected to a heavy barrage of patent lawsuits and even embargoes; Samsung has meanwhile obtained an antisuit injunction against Huawei



  26. The EPO Continues to Lie About Patent Quality Whilst Openly Promoting Software Patents, Even Outside Europe

    EPO patent quality continues to sink while EPO management lies about it and software patents are openly being promoted/advocatedEPO patent quality continues to sink while EPO management lies about it (the article above is new) and software patents are openly being promoted/advocated



  27. SCOTUS on WesternGeco v Ion Geophysical Almost Done; Will Oil States Decision Affirm the PTAB's Quality Assurance (IPRs) Soon?

    Ahead of WesternGeco and Oil States, following oral proceedings, it's expected that the highest court in the United States will deliver more blows to patent maximalism



  28. Links 17/4/2018: Linux 5.x Plans and Microsoft's 'Embrace'

    Links for the day



  29. The European Patent Office (EPO) Grants Patents in Error, Insiders Are Complaining That It's the Management's Fault

    The EPO has languished to the point where patents are granted in error, examiners aren't happy, and the resultant chaos benefits no-one but lawyers and patent trolls



  30. The European Patent Office Will Never Hold Its Destroyers Accountable

    With only one in seven EPO stakeholders believing that Battistelli's pick (António Campinos) will turn things around for the better, it certainly does not seem like people are happy and there's no real hope that Battistelli will ever be held accountable for his abuses after his immunity expires


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