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

02.27.18

EPO Refuses to Admit that Unified Patent Court (UPC) is Dead, But It’s Boosting Others Who Are Lying About It for a Living

Posted in Deception, Europe, Patents at 3:47 am by Dr. Roy Schestowitz

Can you tell a lie by staying silent? Or by indirection?

Silence

Summary: Silence is gold to the EPO, which has not yet said a single word about the UPC constitutional complaint going forward; in fact, the EPO chooses to not say anything about the UPC in general, except indirectly

THE EPO has grown louder again about the UPC, albeit only indirectly, namely by retweeting some other account a few times yesterday. It’s quite revealing.

Months ago we published a post titled “Belgium’s Jérôme Debrulle, the EPO and the UPC Connection,” noting that Debrulle is Battistelli’s special friend and ally for UPC lobbying. There’s also a connection to Campinos. Here is what the EPO retweeted yesterday:

Jérôme Debrulle, Chairman of the @EPOorg Select Committee, will speak at the upcoming UP&UPC Conference on 3rd July in Munich. For more information: http://www.unitarypatentsystem.eu/ #patent #unitarypatent #IP pic.twitter.com/udqF7gyRPt

The FFII’s President, who is Belgian like Debrulle, said: “Items from the Belgian constitutional complaint are still valid, they will just have to be answered after the UPC is running.”

Another retweet reveals the role of Margot Fröhlinger. Are her days at the EPO numbered? The UPC is dead. She knows it (it’s her full-time job to lie about it though). What would her purpose at the EPO even be when all hope is gone? Might as well call off these UPC events/charades. Waste of money and effort at times of imminent cuts. The tweet in question said: “UP&UPC 2018 Conference on July 3rd: register now to benefit from the early bird rate: only €299 until end of February!”

Battistelli’s friend Yann Ménière will be there also. Battistelli is leaving, so he won’t speak there, unlike last year (Debrulle was there last year as well).

It’s just hard to understand why they keep pushing this dead thing, like beating a dead horse.

As it turns out, based on this new page, patent maximalists from the US are also meddling in EPO affairs; they too are UPC pushers (primarily for their troll clients; it does not put them at risk). To quote:

The Intellectual Property Law Association of Chicago (IPLAC) Patents-International Committee will be offering a presentation by Alfred Keyack, EPO Attaché to the United States, entitled “Inside the European Patent Office: Questions & Answers” on March 7, 2018 from 11:45 am to 1:00 pm (CT) at DePaul College of Law in Chicago, IL.

Remember who appointed Alfred Keyack. He’s another one of those Battistelli flunkies.

Meanwhile, IP Watch‘s Dugie Standeford, who is familiar with UPC and EPO scandals, writes about the constitutional complaint going forward. To quote:

The German Federal Constitutional Court has agreed to take up a challenge that could potentially derail the Unified Patent Court (UPC). The special – and opaque – procedure under the national constitution allows a single individual to claim constitutional breaches, said Hogan Lovells (Dusseldorf) patent litigator Clemens Plassmann. The lawsuit leaves the UPC is disarray at least until next year, he said.

Meanwhile, in the never-ending feud between European Patent Office (EPO) management and staff, President Benoȋt Battistelli was forced to back off from a planned rule change that would allow him to fire staff members “if the exigencies of the service require abolition of their post or a reduction in staff.”

The UPC is dead. Many have already explained the timeline and why it means that only France (country of Battistelli) has ratified among countries that must ratify for UPC to come into effect. It’s very unlikely that the UK and Germany will ratify, but the patent ‘industry’ carries on lying about that.

Kluwer Patent Blog, for example, has just been pushing illusions and lies again, alluding to a “yet-to-arrive European patent with unitary effect” even though there’s no such thing and it is not arriving. Here’s yesterday’s paragraph in question:

The quality and speed of the examination process will hopefully make Spanish patents the natural alternative to the yet-to-arrive European patent with unitary effect, particularly for small and medium-sized companies seeking protection in less than four or five EPC contracting parties.

Spain will never ratify; it’s not interested in anything like the UPC and it already explained that the UPC would be detrimental to SMEs (which is true by the way).

Here’s another new comment about barriers to the UPC that are associated with EPO scandals. It’s about lack of independence:

If I have understood CA/D 18/15 correctly then suspension with full salary does not trigger the 24 month time limit. This first comes into play when there is a reduction of salary.

That means that the person can be suspended on full salary with no time limit for a final decision. Only if the salary is reduced will the 24 month time limit apply.

This can be extended in “exceptional circumstances”.
But what means here “exceptional circumstances” ?

Also it is unclear whether this provision applies to members of the Enlarged Appeals Board appointed under Article 11(5) of the EPC.

Is there now a two-tier judiciary in the Enlarged Appeals Board with one category of judge appointed under Article 11(5) and a second category appointed under Article 11 (3) ?

While the UPC languishes we expect the EPO to say almost nothing about it (except indirectly). Why? Because the only thing the EPO can tell about the UPC is something negative or an intentional lie. We suppose they decided to just keep silent about the whole matter. Maybe it’s their current policy.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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 21/9/2020: PlasmaShell With Vulkan, Plasma Beta Review Day, OpenMediaVault 5.5.11

    Links for the day



  2. Guest Post: The Worrying State of Political Judgement in Free Software Communities

    A look at what Mozilla has become and what that teaches us about the Web and about software



  3. Links 21/9/2020: KTechLab 0.50.0, Linux 5.9 RC6

    Links for the day



  4. IRC Proceedings: Sunday, September 20, 2020

    IRC logs for Sunday, September 20, 2020



  5. Git is Free Software, GitHub is Proprietary Trap

    More and more people all around the world understand that putting their fruit of labour in Microsoft's proprietary (but 'free') prison is misguided; the only vault they have is for human beings, not code



  6. Daniel Pocock on Codes of Conduct and Their Potential Dangers in Practice

    In Debian we’ve already witnessed several examples where Codes of Conduct, if put in the wrong hands (in the Linux Foundation it’s corporate hands), can achieve the very opposite of their intended goal and its a true shame as well as a travesty for legitimate victims of real abuse



  7. Links 20/9/2020: Flameshot Screenshot Tool 0.8, Okular Improvements and More

    Links for the day



  8. Reminder: Vice Chair of the Linux Foundation's Board is an Oracle Executive Who Used to Work for Microsoft

    The Linux Foundation issued statements to the effect of opposing Donald Trump, but its current leadership (people from companies like Oracle, Microsoft and IBM) is a strong proponent of doing as much business as possible with Trump (even in violation of international law)



  9. [Meme] How to Hijack Linux and Free Software to Make Them Proprietary and Microsoft-Controlled

    Intel keeps outsourcing almost everything (that's not proprietary with back doors, e.g. ME) to Microsoft's proprietary software prison, known as GitHub; to make matters worse, Intel now uses the Microsoft-hosted Rust to develop in Microsoft servers, along with Microsoft, code that promotes Microsoft proprietary software (e.g. Hyper-V) and non-standard 'extensions'.



  10. DDOS Attacks Against Us Lately

    (Distributed) Denial-of-service attacks or DDOS attacks have slowed down the site, but we treat that as evidence of suppression and fear (of what's to come and what was recently published), or accuracy (in reporting) rather than inaccuracy



  11. [Meme] Windows as Dead Man Walking (Patches Accelerate the Death)

    Microsoft is squeezing whatever life is left in its “burning platform” (which is already exceeded in terms of market share by Android) that has a "burning" (bricked) WSL with barely any users and plenty of critical problems



  12. We Let Them Get Away With Murder, But They Make up for It by Banning Words

    The Microsoft propaganda machines (notably ZDNet this weekend) are busy portraying Microsoft as a “good company” for censoring words, never mind the actual, meaningful, substantial actions of Microsoft, which is boosting authoritarian people who imprison even babies (for the ‘crime’ of being on the ‘wrong’ side of the border)



  13. High-Profile and Invalid (Invalidated) European Patents Harm the Presumption of Validity of European Patents

    The EPO's 'printing machine' (over-producing patent monopolies) is harming the legal certainty associated with such patents, helping nobody but deep-pocketed monopolists and law firms



  14. Epitaph for (Death of) Patent-Centric Media: Litigation Giant Bird & Bird Nowadays Doing Ads as 'Podcasts' in Think Tank Site 'Managing IP'

    Publishers don't hesitate and openly revel in taking bribes as if it's a badge of honour or importance, allowing themselves to be profoundly corrupted in pursuit of quick cash; we discuss what's happening in sites that pretend to cover patent news (but actually drive agenda of litigation giants, to the detriment of actual innovators)



  15. IRC Proceedings: Saturday, September 19, 2020

    IRC logs for Saturday, September 19, 2020



  16. Links 20/9/2020: 4MLinux 34.0 Released, September Release and EndeavourOS for ARM

    Links for the day



  17. Video: Free Communication With Free Software - Daniel Pocock - FOSSASIA Summit 2016

    The 2016 FOSSASIA talk from Daniel Pocock (Debian) about Free software alternatives to Google, Microsoft Skype and so on (Microsoft started paying Debian in 2016)



  18. [Meme] Microsoft Downtime... Now in 'Linux' (Wait a Month for Microsoft to Restore Uptime)

    Microsoft’s utter failure that is "WSL2" is bringing the failures Windows is so notorious for (loss of work, lack of security, fatal patches) to so-called ‘Linux’; the timeframe for a fix says a lot about just how much Microsoft “loves” Linux…



  19. Coming Soon: Microsoft Leaks (Which Microsoft Pressured Medium to Suppress and Promptly Unpublish)

    Microsoft is no ordinary company; exposing it is like dealing with the Mafia or some drug cartel in Mexico, but we're able to publish truths about Microsoft nonetheless (their notorious intimidation and silencing attempts have always failed against us)



  20. Dishonest Corporations -- Like Smug Politicians -- Pretend to be Something They're Not

    Corporate lies dominate the media, having been crafted by unethical marketing departments with their photo ops and hashtags



  21. GNU is Also a Brand, But It Boils Down to Philosophy and Principles, Not Greed or Corporate Identity

    Why the goal of GNU should be freedom rather than so-called 'world domination' (the objective of large firms with shareholders)



  22. IRC Proceedings: Friday, September 18, 2020

    IRC logs for Friday, September 18, 2020



  23. Links 19/9/2020: Taiwins 0.2 and a Call for Ubuntu Community Council Nominations

    Links for the day



  24. One Year Later Richard Stallman Needs to be Un-cancelled and Attention Turned to the Real Perpetrator of MIT Scandals

    The sheer hypocrisy, treating Stallman as the real nuisance to MIT when it was in fact Bill Gates who trafficked money through convicted sex criminals (to MIT); justice needs to be belatedly restored



  25. ZDNet's 'Linux' Section Isn't About Linux But About Microsoft

    ZDNet's so-called 'Linux' section isn't really about GNU/Linux; it's just the site's usual Microsoft propaganda, bought and paid for by Microsoft



  26. Debian's Network of Gossip and Gossipmongering in Debian-Private

    Reprinted with permission from Debian Community News



  27. More EPO Disclosures: An Explanation of How an EPO Survey Plots to Dismantle the EPO's Staff

    Dismantling the Office for the benefit of a bunch of private companies (taking over various duties of EPO staff) seems like the management's goal; included in image form (and text) below is today's publication. There's a PDF with text (not OCR) but it contains metadata.



  28. Forced Confessions and Thought Control in Debian

    Reprinted with permission from Debian Community News



  29. [Meme] You Cannot Elect/Vote Corporations Out of Power (Eternal Vigilance is Required)

    Based on early polls, Biden will be president-elect in about a month and a half; but it’s important to remember that the election (if honoured by the current tenant of the White House) won’t be the end of corporate abuse of power in the same sense that driving Microsoft out of business won’t miraculously mean that Free software ‘won’ (we have a lot more to confront still)



  30. Debian Volunteers Disallowed and Forbidden From Talking About Politics (Unlike Debian's Aristocracy That Handles All the Money From Sponsors)

    Reprinted with permission from Debian Community News


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

Recent Posts