Bonum Certa Men Certa

Rise in Patent Trolls' Activity in Germany Noted Amid Declining Patent Quality at the EPO

And even without/before something like the Unified Patent Court (UPC) is introduced to augment their scope of damage

Europe-Asia in globe of Earth



Summary: The UPC would turn Europe into some sort of litigation 'super-state' -- one in which national patent laws are overridden by some central, immune-from-the-law bureaucracy like the EPO; but thankfully the UPC continues its slow collapse

BATTISTELLI has failed miserably as head of the European Patent Office (EPO), which he ran a lot longer than usual and then left in the hands of a fellow Frenchman, whose appointment he lobbied for. Here we are in 2018 and there's no Unified Patent Court (UPC) and the European Patent Convention (EPC) is severely violated. The EPO is a pariah institution unable to attract any talent and Britain seems to be moving away from the European Court of Justice (ECJ), rendering the UPC moot. As for Germany, seeing violations of the EPC (big part of the constitutional complaint), it can't go on; do not expect it to ratify anything. It will just hope that people forget about the whole thing while it rots away. They won't want to admit culpability, including 'banana republic' German politics at 2 AM in the morning (we covered this utterly embarrassing episode several times before and Bristows deliberately mischaracterised it time after time).



"They won't want to admit culpability, including 'banana republic' German politics at 2 AM in the morning (we covered this utterly embarrassing episode several times before and Bristows deliberately mischaracterised it time after time)."Bristows's latest UPC propaganda (for the first time in weeks) came out thrice in one day. That was yesterday. Nothing from Germany, which is where the main question/barrier lies, just some fluff about the Preparatory Committee, the Hungarian political/court system, and also the Bulgarian one. Those countries don't really matter to the fate of the UPC; it's France, Germany and the UK that matter because their signature is imperative. Britain cannot participate and Germany may take a number of years to decide on the constitutional complaint, so don't expect any developments in this space any time soon. Battistelli is leaving next month. Even IAM, which his PR firm paid for UPC promotion, no longer seems to believe that UPC will ever materialise. Hours ago it wrote from an IAM-run event covering UPC among other things (patents in cars): "UPC - if it happens - will make little difference at first. Why would you use it, when you can go to a German court and get an injunction in less than 12 months? Hogan Lovells partner Benjamin Schroer..."

"It would be overwhelmingly negative for people of Europe and firms of Europe -- a fact that Team Battistelli and Team UPC passionately deny or lie about."UPC would be good for litigation firms and some foreign (non-EU) firms. It would be overwhelmingly negative for people of Europe and firms of Europe -- a fact that Team Battistelli and Team UPC passionately deny or lie about. The UPC would be fantastic to patent trolls and the demise of patent quality at the EPO already contributes to this.

A few hours ago IAM tweeted that "Germany is becoming more and more attractive to NPEs [patent trolls]. Maybe Ray should be more worried than he is! - Wilmer Hale partner Justin Watts," tying this to another tweet quoting Volvo (Sweden): "Up to now 100% of our NPE exposure has been in the US. NPEs in Europe do not keep me awake at night - Millien, Volvo [...] Don't underestimate China, says Volvo's Millien. I talk to chief IP counxel there who put many chief IP counsel in Europe and US to shame..."

Remember that IAM still denies that trolls even exist, not only that they're a problem. Germany is becoming more and more attractive to patent trolls, says Wilmer Hale, who reaffirmed what IP2Innovate keeps saying, backed by hard numbers.

I responded to IAM with: "But how can this be? IAM wrote long 'articles' (propaganda) denying what IP2Innovate had shown about patent trolls in Europe (did IAM lie?)" (IAM knows who its sponsors are).

"UPC's intended effect is to override national patent laws and courts, basically enforcing even software patents in nations that strictly forbid these."Remember that IAM will soon have Battistelli as a keynote speaker. He will be promoting software patents under the guise of "4IR" -- a relatively new buzzword/term the EPO invented and promoted by paying the media (corrupting journalism basically). Hours ago it tweeted: "We looked at #4IR from the perspective of patented inventions. Here are the results: http://bit.ly/4IR_findings #wef4ir #ioT #AI #fourthindustrialrevolution"

IAM quoted from its event: "Currently about 10% of a car is composed of software. In the future that will be 30%, says Volvo's Millien. The risk is that this will lead to patent litigation..."

"This is seductive to law firms."Only if Battistelli, IAM and others like them succeed in bringing software patents to Europe. They have been working towards that for years. UPC's intended effect is to override national patent laws and courts, basically enforcing even software patents in nations that strictly forbid these. This is seductive to law firms.

Found via Team UPC and Prospect a few hours ago is this new article, mostly behind paywall about the "farce" which is the "European patent court". To quote:

This is the business end of Brexit, when all the contradictory promises and impossible dreams come face-to-face with legal reality. Usually we only notice this when it’s about trade, but the same is happening all over society, from security to rules around food recipes. This is the tawdry story of what the government did—and didn’t do—with patents, and why it is now stuck with a series of mutually incompatible promises which are about to collide headlong into one another.

It starts with Theresa May saying one thing and then proceeding to do exactly the opposite. In October 2016, she told the Conservative Party conference that Britain would leave the jurisdiction of the European Court of Justice (ECJ). Then, the next month, the government confirmed that in fact it would do the opposite. The first statement was made in the full glare of media attention at a key event in the political calendar. The second was made away from journalists, in a quiet announcement on a departmental website noticed by just a handful of lawyers and nerds.


The rest is behind a paywall, but Team UPC treats that as further evidence that UPC cannot really happen, especially not in the UK. One pro-UPC person wrote: "Will contradiction Brexit -RemainUPC be resolved by merely limiting the announced retreat from reach of CJEU to “direct” CJEU jurisdiction (whatever that may mean)?"

There's no such thing. To even suggest such a thing is to insinuate that the laws (and even constitutions) can just be violated for the "greater good" which is facilitating the business model of Team UPC, namely litigation boon.

Recent Techrights' Posts

Digital Sanitation Good Practices
leave behind Microsoftism
10 Days Ago Richard Stallman Gave a Long Interview in French (linuxfr.org)
English translation
Science, Not Fast Food/Junk Food
The commercial exploitation of users won't stop until users exercise full control over their software or - more broadly - their computing (including data)
[Video] Dr. Richard Stallman at Technické Univerzitě v Liberci
New/via libre-liberec.cz
 
The Term "AI" is Not New and What Today's Media Calls "AI" Isn't Even AI
Only the hype was new... and totally artificial
Gemini Links 18/10/2025: "Planetary Rings", Steam, and PSU Replacement
Links for the day
Defeating LLM Abuse (State-of-the-Art Plagiarism) in the Area of Linux and GNU, Free Software, BSD, Security and So On
The aim is to get them to stop using LLMs to rip off other people's work
Links 18/10/2025: Russell Vought in Charge, US Government Leans to Russia Again
Links for the day
Credit Where It's Due: LinuxConfig.org Quit Doing LLM Slop, Back to Original and Real Articles
We waited for a while to say this, now it seems conclusive
Of Note: UbuntuPIT Aware of Critics of Slop, Adds Disclosure of Use of LLMs
We appreciate the honesty
Links 18/10/2025: Madagascar's President Flees and ICE Arrests Protest Comedian Robby Roadsteamer
Links for the day
Richard Stallman Near the European Patent Office (EPO) in 3 Days From Now
It'll be a good opportunity for patent examiners to listen, ask questions, and maybe greet him in person
From Scholar to Booster of Slop (and Even Slop in His Own Blog)
We're going to keep an eye on future posts of his
End of Vista 10 Also Good News for the BSDs
There are many news sites that recommend trying GNU/Linux this month
What's Wrong With Liking Parrots or Birds as Pets?
They'd demonise people for speaking about freedom, no matter what they say or do
The Free Software Foundation, Which Has Appointed a 43-Year-Old President, is Looking to Add Another Board Member (or Treasurer)
expect the FSF to add more people
Richard Stallman Confirms Next Week's Talk at Technical University of Munich, We Urge EPO Staff to Attend
That's probably late enough for EPO staff to attend after work
Gemini Links 18/10/2025: Notifications and Geminaut
Links for the day
Many Red Hat People Are Leaving, But It'll Be Framed Publicly as Leaving IBM
Similarly, IBM layoffs (or "RAs" as they're called) include Red Hat layoffs
Expect More Waves of Microsoft Layoffs This Month (at Least Two Rounds Confirmed Already)
From what we can gather, assuming the recent rumours about XBox are true, there will be at least 3 waves of Microsoft layoffs this month alone
Security Issues in Cisco and Jenkins Passed Off as "Linux" Problems
Fear, Uncertainty, Doubt (FUD) tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 17, 2025
IRC logs for Friday, October 17, 2025
Slopwatch: LinuxSecurity, Linux Journal (Slashdot Media), UbuntuPIT, and Google News (Noise)
egregious plagiarism
Links 17/10/2025: Better Answers Sought After Air Crashes, "China Fans Patriotic Sentiment as Trade War With U.S. Heats Up"
Links for the day
Security is Desirable, But Not When the Term Security is Misused to Imply Centralisation of "Trust" (Whose?)
'Security' is not an excuse for vendor lock-in
Links 17/10/2025: Fentanylware (CheeTok) Causing Problems, Japanese Government Blasts Slop
Links for the day
The Linux Foundation Seems to Have Turned Linux.com Not Only Into a Spamfarm But Also LLM Slopfarm
it's polluting the Web, even important domains like Linux.com, with spam and LLM slop
Links 17/10/2025: UK’s Largest Breach Penalty and Windows TCO Examples
Links for the day
Go Watch Video About Librephone, Get Microsoft Ads
Very ethical company...
Campaign of Defamation Against the People Who Built NixOS (and Are Now Pushed Out From Their Own Project)
We've already grown familiar with - and resistant to - such tactics
Links 17/10/2025: Nestlé Crisis, Canada Post Versus 'Gig Economy' [sic] and Vista 11 Breaks Itself
Links for the day
Tux Machines Has Helped Separate Opinions/Analysis From News
In September 2023 we decided to split things apart and not repeat links in both sites
Tux Machines Has Improved Navigation of GNU/Linux and BSD News
Some more 'wiring' work
What a World Would Look Like If Everyone Used Free Software Only
Freedom is what matters, not "Open".
The Media Helps Microsoft, Amazon and Others (GAFAM and Beyond) Lie About Mass Layoffs Amid Valuation Bubble
The media, instead of saying that there's an "AI bubble" crashing the economy might instead choose the narrative of "jobs replaced by AI"
Bad Tempered? You Might Have Just Given Away That You're Losing the Argument
Brett Wilson LLP is fully aware that it is being investigated
Richard Stallman (RMS) is a Target of Defamation Campaigns Because of His Views on Software (But Politics Are the Excuse for Defaming Him)
Here in this site we try to refrain from politics, except in Daily Links
End of Vista 10 and Rise of GNU/Linux as Client Side Operating System
It seems certain GNU/Linux will grow in popularity over time
Taking Stock of a Week's Worth of EPO Leaks
We remain committed to exposing EPO corruption as long as it keeps happening
Mathieu Parreaux claims FINMA knew since day one
Reprinted with permission from Daniel Pocock
Calumny, Libel, Joerg Jaspert & debian-private untouchable cyberbullies
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 16, 2025
IRC logs for Thursday, October 16, 2025
Techrights Turns 19 in 3 Weeks
coverage of suppressed topics and protecting all sources/whistleblowers
International E-Waste Day Same Day as End of Vista 10
message from Akira Urushibata
The EPO's Central Staff Committee Presents Evidence That Staff Compensation Lowered While the Office Increases Income by Illegally Granting Invalid Patents
These people become millionaires by doing illegal things
Second or Third Wave of Microsoft Mass Layoffs in October 2025, This Time Portugal
Those are just the ones we know about, there may be several more
'Help Net Security' (helpnetsecurity.com) May Have Become a Slopfarm as Well
Zeljka Zorz, Editor-in-Chief at Help Net Security, was reported to us
Gemini Links 17/10/2025: Rant About Network Solutions, Strange Anomaly on Lagrange
Links for the day
EPO Staff Representation Lacks Social Dialogue With Relevant Management, Controversial and Sometimes Illegal Policies Implemented Without Necessary Input
"In this open letter, the CSC requests that the President submits an agenda item in the next available General Consultative Committee (GCC) meeting on setting up regular meetings between the CSC and the higher management of DG1."
Links 16/10/2025: Political Leftovers and Gemini Protocol Links
Links for the day
Lies Need to be Corrected
the Court never invited us
Slopwatch: Guardian Digital (linuxsecurity.com), Slashdot, Google News, and More
Maybe one day, once the bubble pops completely, Google News will just outright delist all slopfarms
Lufthansa Modern Slavery, Joerg Jaspert (ganneff) & Debian NSB Softwareentwicklung charade
Reprinted with permission from Daniel Pocock
Links 16/10/2025: US Starting More Trade Wars With China, CIA War on Venezuela
Links for the day
SUSE Blog is Still LLM Slop, Marketing Manager at SUSE Cannot Write
Would you buy from a company or seek support from a company that cannot even write (or fakes writing)?
Pretend You're Not Dead: Microsoft Spent Almost Two Decades Rebranding Things as "Cloud, Then "AI", Now "XBox" and "Quantum"
"AI" bubble pops, Microsoft harping about "quantum" already
IBM Allegedly Found New Tricks for Silent Layoffs: LPI, Then MIS (Not PIP)
Remember that "Red Hat layoffs" won't be reported after the bluewashing
Links 16/10/2025: Red Lines and Feeding of Microsoft Trolls
Links for the day
MIT as a Propaganda Mill of GAFAM, Paid by GAFAM
"the news" today
Links 16/10/2025: Lies Euphemised as ‘Dueling Versions of Reality’ and Microsoft "Open" "Hey Hi" Resorts to Porn as No Business Model Was Found
Links for the day
The Local Staff Committee Munich (Representation of the EPO's Staff) Explains When Cluster of Pregnancies May Result in Reduced Pay
"...even one week of part-time working is sufficient to reduce the salary you perceive during the entirety of your maternity leave."
Another Black Eye for 'Secure Boot', Microsoft Media Tries to Blame "Linux"
It enables Microsoft to remotely control computers, even computers that don't run Windows and never had any Microsoft software installed
Slopwatch: UbuntuPIT, linuxsecurity.com, and Various Slopfarms in Google News Attacking "Linux"
A new survey of the Web said that the majority of the Web is now slop (that's being said in the news this week)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 15, 2025
IRC logs for Wednesday, October 15, 2025
Links 16/10/2025: Increased Use of Social Control Media Surveillance in US, French Rage Over Pensions
Links for the day