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

03.03.18

EPO Annual Report Will Dominate the News Next Week, Whereas Unitary Patent (UPC) is a Goner

Posted in Europe, Patents at 1:18 pm by Dr. Roy Schestowitz

UPC fluff and bluff has become the norm, but it’s detached from underlying facts

Bluff

Summary: The EPO’s fluff will be seeded in news sites next week, distracting from profound declines in quality and the demise of the UPC (a failed gamble of Battistelli)

THERE will be a lot of press coverage about the EPO next week. Plenty of puff pieces about the annual report, parroting the PR people rather than doing journalism with fact-checking and critical thinking. That’s fine, we’ve grown accustomed to it and some of the publications that participate in this PR charade got paid by Battistelli (at the expense of EPO stakeholders).

“They try to trick British politicians.”What we won’t be hearing much about next week is the UPC. Team UPC will get a lot louder again around Easter time. A patent attorney based in Germany (with “a focus in patent infringement and licensing” i.e. enforcement a la UPC) doesn’t accept the death of the UPC; nobody in his position likes to think that Brexit among other things (FCC, EPO scandals etc.) kills the UPC for good. He wrote: “[Theresa] May on #ECJ and #Brexit : ‘the jurisdiction of the ECJ in the UK must end’ vs ‘if we agree that the UK should continue to participate in an EU agency the UK would have to respect the remit of the ECJ in that regard’. what does that mean for #UPC Full text: https://blogs.spectator.co.uk/2018/03/theresa-mays-our-future-partnership-speech-in-full/ …”

It’s pretty obvious what it means. He also relayed Mathieu Klos as saying (German users’ tweets in English): “2 days in London with talks tonine patent firms brought no clear picture whether the UK will finalise the remaining steps of #UPC ratification. Range of predictions varies from “it will happen around Easter ” to “totally unpredictable because of cabinet Brexit discussions””

“Without the UPC, there would still be EPO and EPC. There would be Boards of Appeal too, i.e. judges.”That former group would be liars like Bristows and cohorts who fabricate statements and resort to dirty tricks. They try to trick British politicians. Don’t pay much/any attention to them. They just lobby for their financial interests, sometimes anonymously and often while deleting opposing views from sites (they don’t respect freedom of expression in comments).

There’s this new guest post by Matteo Dragoni, a Stanford TTLF Fellow. That covers the UPC and EPC, noting that it didn’t quite work as intended (NPOs are still very much relevant). To quote:

Second, the current EPC system has established a “regional” patent system which is better than the PCT system, but it is still far from having eliminated all the economic/bureaucratic hurdles to patenting. It is true that European patents, once granted, can be validated/extended—and so recognized—in every single EPC country, but such validation/extension process comes at a cost. The patent often needs to be translated, some other taxes must be paid and the help of a local patent attorney is required. Annual patent fees must also be paid or the even the local patent expires. Once the European patent is granted, the patentee usually has 6 months to decide the validation/extension countries.

Since the grant of a European patent usually happens 3-4 years after the patent application has been filed, this means that an entity might not be ready to extend or validate the patent in many other countries, and if it has to drop some countries, it usually does so with less appealing, small, markets, most of which are the accession States considered in Hall and Helmers’s article. Moreover, a European patent usually reduces costs only if the patentee is interested in having patent protection in at least 3-5 EPC Countries (depending on the local costs and fees).

The above also answers a bit to Risch’s concern that a “unified” patent protection might not imply a “strengthening” of IP protection. As the situation is now, the European patent merely grants a bundle of nationally regulated patents that, once validated/extended, are governed by national rules and are subject (for some aspects) to the exclusive jurisdiction of national courts. This makes the patent rights obtained through a European patent costlier but also quite strong: it is not so cheap to obtain and validate/extend a European patent, but it is also quite expensive to invalidate the validated/extended European patent in all the single EPC jurisdictions.

Without the UPC, there would still be EPO and EPC. There would be Boards of Appeal too, i.e. judges. The rush to ratify something like the UPC is nothing but a wet dream of Big Litigation firms, which not only promote UPCA but also wrote a lot of UPCA. It’s a failed coup and this coup has already caused tremendous damage to the EPO.

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. Video: LinuxWorld 1999, Torvalds and Stallman

    LinuxWorld 1999, Torvalds and Stallman



  2. GNU World Order is a Personal Sacrifice, LinuxWorld Just Business

    As the Linux Foundation shows, Linux is just business (and proprietary software) as usual, software patents included, whereas it’s GNU that continues the Free Software Movement’s battles



  3. Links 20/2/2020: Oracle Solaris 11.4 SRU18, Mesa 20, VirtualBox 6.1.4

    Links for the day



  4. Open Source Did Not Win, It Was Assimilated to and by Proprietary Software

    Don’t fall for the whole “Open Source has won!” spiel; You know we’ve lost the battle (and were in effect gradually conquered) at OSI and elsewhere when those who speak for the OSI are Michael Cheng (Facebook), Max Sills (Google), and Chris Aniszczyk (Linux Foundation); they say “Open Source Under Attack” (FOSDEM talk) but their employers are the ones attacking and they downplay openwashing



  5. Former Microsoft Employees Don't Like Talking About Past and Present Microsoft Back Doors (Designed for Spy Agencies)

    In a typical Microsoftian fashion, once they cannot defend the illusion/delusion that Microsoft values security the 'Softers' run away and block any further debate



  6. Techrights Warns Against Impending Extradition Efforts (Passage of Julian Assange to His Death in the United States)

    Imprisonment of journalists who are effective at exposing crimes (of the powerful, not petty crimes) must never be condoned



  7. Team UPC: Many Mouths and No Ears

    The mental condition of Team UPC gets more worrisome by the week



  8. Team UPC Insults Judges Because the UPC is Dead and UPC Lobbyists Have Nothing Left to Lose

    More judge-shaming tactics are in the mix; Team UPC seems to feel like there's nothing left to lose as the UPC is already dead (hope itself is next to die)



  9. IRC Proceedings: Wednesday, February 19, 2020

    IRC logs for Wednesday, February 19, 2020



  10. China Bashing is Grounded in Fear (That They Can Simply Do Better Than the West)

    The atmosphere of hate towards China — fuelled partly by a white supremacist in the White House — is unhelpful and insulting; dignity and understanding is the way to go



  11. IRC Proceedings: Tuesday, February 18, 2020

    IRC logs for Tuesday, February 18, 2020



  12. FFII Press Release: Germany Can No Longer Ratify the Unitary Patent Due to Brexit and the Established AETR Case-law, says FFII

    Germany cannot ratify the current Unitary Patent due to Brexit and the established AETR case-law. The ratification of the UPC (Unified Patent Court) by Germany would constitute a violation of the AETR case-law, which was used during the EPLA negotiations in 2006 to consider a deal with non-EU countries, such as Switzerland.



  13. DRM (Proprietary Software) Already Makes Mozilla Firefox Broken, Unreliable, Undependable (Dependent on Binary Blobs)

    More people are beginning to realise that Mozilla resorted to self-harming DRM and self-inflicted damage that impacts Firefox; can Mozilla (re)join the anti-DRM coalitions?



  14. EPO and Other Patent Updates Over RSS

    Site syndication (over RSS feeds or XML/Atom) is vastly better than what became popular in recent years (censored, centralised, discriminatory "Social Control Media"); here are some feeds of interest



  15. When It Comes to a Unitary Patent System, Bad (or Intentionally Dishonest) Legal Advice Has Become the Norm

    The Unified Patent Court and Unitary Patent (UPC and UP, respectively) reinforce the old saying about lawyers being liars, doing anything to attract clients (to take their money); the UPC is basically dead, but fiction, falsehoods and outrageous fantasies still find their way into Web sites of law firms



  16. Links 19/2/2020: KDE Plasma 5.18.1, GNOME 3.36 Beta 2 and WordPress 5.4 Beta 2

    Links for the day



  17. Is Linux Foundation a Microsoft Branch Now?

    The so-called ‘Linux’ Foundation (LF) nowadays helps Microsoft cement its monopoly — the very opposite of what ages ago it said the LF would do



  18. Are Songs Property? And Maths Also Property? Artificial Monopolies Are Not Property...

    Patent maximalists continue to face stronger arguments from their sceptics, who rightly allege that words are being intentionally misused and numbers fabricated so as to distort underlying facts



  19. Battistelli Blocked Techrights at EPO (Banned for More Than 5 Years), So CEIPI Won't Respect Access to Information Either

    The use of censorship to confront people who talk about (not even expose) corruption isn't novel; but the adoption of this approach in Europe (not just places like Russia and China) is definitely noteworthy



  20. IRC Proceedings: Monday, February 17, 2020

    IRC logs for Monday, February 17, 2020



  21. Links 18/2/2020: Linux 5.6 RC2, Wine 5.2, GNU Social Contract and Sparky 2020.02 Special Editions

    Links for the day



  22. IRC Proceedings: Sunday, February 16, 2020

    IRC logs for Sunday, February 16, 2020



  23. Links 16/2/2020: MX Linux 19.1 and MyPaint 2.0

    Links for the day



  24. IRC Proceedings: Saturday, February 15, 2020

    IRC logs for Saturday, February 15, 2020



  25. Guest Article: Au Revoir, GNU/Linux

    "Funny how OSI just ended up being another vehicle for their takeover of the computing world..."



  26. Former Microsoft Employee: ZDNet is Owned by Microsoft (and Others) in Some Senses

    A noteworthy message we've received from someone who knows Microsoft from the inside



  27. Links 15/2/2020: Blender 2.82, Qt 5.15 Alpha and NetBSD 9.0 Released

    Links for the day



  28. Microsoft Views 'Open Source' as a Zero-Cost Heist Opportunity (Making Proprietary Software/Spyware Using Other People's Free Labour)

    Making GPL-licensed (copyleft) software and hosting it outside Microsoft’s jaws is the best way to counter the abusive monopolist, which still says it “loves” what it is actually attacking



  29. Did Microsoft 'Buy' ZDNet?

    A look at what ZDNet tells its readers (screenshot from this morning) and a rare look at how its writers are censored/suppressed



  30. Anatomy of a Crime and Protection From Prosecution

    It’s hard to forget what António Campinos hides for his friend


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