03.23.18
Team Battistelli and Team UPC Are Both Very Deep in Denial
They still have a very long way to go
Reference: Five Stages of Grief by Elisabeth Kubler Ross & David Kessler
Summary: The perpetrators of a terrible patent system that permits patents on abstract ideas (which sometimes aren’t novel, either) and litigation as a priority refuse to let go of their dream — a distant, runaway fantasy which may soon cost over a thousand examiners their careers
Team Battistelli and Team UPC have a lot in common and they mutually benefit at the expense of the EPO. We have stressed this repeatedly over the years and there are many aspects to this symbiotic relationship.
Earlier today Team Battistelli said that “[p]atent applications at the EPO from UK companies and inventors continued to climb in 2017 (+2.4%),” but I told them that prices were lowered to ‘cheat’ for this supposed increase, which is still a decrease in revenue. They don’t like talking about that. For a number of months they hoped nobody would notice and point this out. Finances of the EPO are pretty opaque, but one can imagine what’s going on.
“Fourth Industrial Revolution technology patents [i.e. software patents at the EPO] are flourishing…”
–World Economic ForumNot only did the EPO lower the cost of applications (after observing decline in the number of applications); it also lowered the bar, welcoming for example software patents which are illegal in Europe. It just introduced some loopholes for that and wasted money promoting such loopholes in the media.
Earlier today the EPO retweeted this nonsense from WEF (World Economic Forum), which is based on something the EPO had paid the media for. “Fourth Industrial Revolution technology patents,” it said. “are flourishing…”
“Replace “patents in ICT” by “software patents”. And guess there are few software developers in the audience…”
–Benjamin HenrionThis buzzword just means software patents, which are not legal in Europe. How do we know that this buzzword means software patents? IAM and Battistelli jointly said so earlier this year. “Fourth Industrial Revolution” (IR4) should just be read/interpreted as “software patents”; it’s a new (totally made up) term that’s being used in conjunction with older misleading terms like “CII”. Benjamin Henrion has also just taken note of “ICT” — a term that Grant Philpott likes to use alongside “Industry 4.0″ (they all mean the same thing). “Replace “patents in ICT” by “software patents”. And guess there are few software developers in the audience,” Henrion wrote today.
Then there are terms like “artificial intelligence”, which can be used for assessment of patents or for patents on software. We wrote about it many times so far this year (because the “AI” hype has been really strong in the past few months). Earlier today the EPO wrote: “We will discuss artificial intelligence and patent information searching at the East Meets West conference in Vienna…”
Carry on with buzzwords, EPO, but buzzwords won’t save you. The quality of patents is declining along with revenue (apparently). Courts aren’t easily fooled by buzzwords and don’t have 'production' pressures that compel them to decide within just hours.
“The quality of patents is declining along with revenue (apparently).”And on we move to Team UPC, which benefits from low-quality patents because these fuel more lawsuits (which is what they profit the most from). Thomas Adam (“UPCtracker”) wrote about CJEU in relation to UPC (4 days ago), foolishly believing (in spite lots of evidence to the contrary) that the Conservative Party will make exceptions just for UPC (which they never even speak about).
Then there’s “UPC blog” from Louise Amar, who went on about the selective data points from the likes of Bristows, choosing to create/embrace a sort of parallel reality wherein UPC is “almost there” and “inevitable”. In reality, or in this only universe, the UPC is dead. Team UPC (with blogs called “UPC blog” and accounts called “UPCtracker”) will sooner or later reach the “acceptance” phase. Deal with it and move on, Team UPC. Your Twitter accounts and blog names are now obsolete.
Amar wrote this:
Since the Brexit referendum the future of the UPC has been in jeopardy and, despite the optimistic schedules published by the UPC Preparatory Committee, its opening is still uncertain. Recently however, member states have taken encouraging steps. The UPC may thus soon become a reality.
No, it may not and the ‘evidence’ presented is delusional at best. As time goes by there is only growing evidence that the UPC will not happen. Nothing positive has happened since before Brexit. Nothing.
“As usual, especially when it comes to Team Battistelli and Team UPC, there’s an incredible difference between perception and reality. Maybe all of them — not just Battistelli — are perpetually drunk (not only on power).”Amar then proceeds to mumbling some incomprehensible mumbo-jumbo about SPC and Brexit. Brexit’s impact on patents is not profound because the UK remains in the EPO, but it will never participate in the UPC, which won’t materialise anyway.
As usual, especially when it comes to Team Battistelli and Team UPC, there’s an incredible difference between perception and reality. Maybe all of them — not just Battistelli — are perpetually drunk (not only on power). █
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