05.17.18

Gemini version available ♊︎

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

Posted in Europe, Patents at 10:22 am by Dr. Roy Schestowitz

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.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. 38+ Years of GNU and 19+ Years of FSF Associate Membership

    “On November 25, 2002,” Wikipedia notes, “the FSF launched the FSF Associate Membership program for individuals.” As the above video points out, it all started almost 40 years ago.



  2. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification



  3. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below



  4. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day



  5. Links 26/11/2021: F35 Elections, Whonix 16.0.3.7, OSMC's November Refresh With Kodi 19.3

    Links for the day



  6. IRC Proceedings: Thursday, November 25, 2021

    IRC logs for Thursday, November 25, 2021



  7. IRC Proceedings: Wednesday, November 24, 2021

    IRC logs for Wednesday, November 24, 2021



  8. Links 25/11/2021: PHP 8.1.0 Released and Linux 5.15.5

    Links for the day



  9. IBM as Master of Hypocrisy

    Free software projects and Free software developers have long been humiliated by corporations of Western misogynists, falsely claiming that the Free software community isn’t inclusive enough (these are shameless projection tactics; as a matter of public record, the exact opposite is true) and even the eradication of supposedly offensive language isn’t something IBM takes seriously



  10. Links 25/11/2021: LibreOffice 7.2.3 and Mesa 21.2.6 Released

    Links for the day



  11. [Meme] So Desperate That Edge Cannot Even Exceed 4% That They Block Rival Web Browsers

    Linux/Android/Free Software/GNU (they go by very many names/brands) may continue to grow to the point where Windows is as irrelevant as Blackberry; this means that Microsoft’s grip on the Web too has slipped — to the point where Microsoft frantically uses 'bailout' money to hijack LinkedIn, GitHub, etc. (it also rebrands almost everything as "Azure" or clown to fake a perception of growth)



  12. Windows Vista Service Pack 11 (Vista 11) Has Failed to Curb the Growth of GNU/Linux

    Windows market share continues to decrease in spite of billions of dollars spent bribing the media for fake hype, especially in light of a new Windows Service Pack (SP), Vista SP 11



  13. Links 25/11/2021: Proton 6.3-8 and Linux Mint Compared to Ubuntu

    Links for the day



  14. 3.5 Years Later the 'Master' of Fedora is Still Microsoft and IBM Cannot Be Bothered to Alter Git Branch Names (Refuting or Ignoring Its Very Own Directive About Supposedly Racially-Insensitive Terms)

    Today we demonstrate the hypocrisy of IBM; years after telling us that we should shun the term "master" and repeatedly insisting it had a racist connotation at least 65 Fedora repositories, still controlled by Microsoft, still use "master"



  15. Changing the Arrangement While News is a Bit Slow(er)

    I've made it easier for myself to keep abreast of things like IRC channels and networks (incidentally, a day ago Freenode reopened to anonymous logins) and I've improved monitoring of the Web sites, Gemini capsule etc. (this video is unplanned and improvised)



  16. Links 24/11/2021: Alpine Linux 3.15 and Endless OS 4.0 Released

    Links for the day



  17. [Meme] Jimmy Zemlin Loves Microsoft

    It’s funny, isn’t it? Lying for a living and sucking up to the liars pays off; you get to plunder actual Linux users while leaving Linux morally and financially bankrupt



  18. Links 24/11/2021: PHP Foundation and Flatpak Criticisms

    Links for the day



  19. IRC Proceedings: Tuesday, November 23, 2021

    IRC logs for Tuesday, November 23, 2021



  20. Links 24/11/2021: Rust Crisis and Team UPC Still Faking 'Progress'

    Links for the day



  21. Links 23/11/2021: New GNU Parallel and Memories of David H. Adler (Perl, Raku)

    Links for the day



  22. In Light of Fast-Accelerating Deterioration -- Sometimes Weaponisation -- Getting Off the World Wide Web (to the Extent Feasible) Makes You Saner and Less Susceptible to Manipulation, Lies

    Almost no sites are speaking about it (probably because they have no presence on the Internet except on the Web), but it's time to motivate more people to get off the Web, for their own good and for society's sake...



  23. Black Friday SPAM on the World Wide Web: A Reminder That the Web is a Dying Platform, Languishing Due to Marketing and Misinformation

    The junk that overruns the Web this 'Black Friday' week (consumerism 'on steroids') is a good reminder that the Web isn't healthy for the mind anymore; it's mostly spying on people, trying to compel them to buy particular things or vote a certain way



  24. Microsoft-Led Misinformation Campaign About Germany and Munich Reminds Us That Microsoft Hates and Actively Undermines GNU/Linux Adoption

    Regarding the latest moves to GNU/Linux in Germany we have 3 points to make



  25. Links 23/11/2021: Libreboot 20211122, Deepin Linux 20.3, Amazon Linux 2022, and Mabox Linux 21.11 Released

    Links for the day



  26. IRC Proceedings: Monday, November 22, 2021

    IRC logs for Monday, November 22, 2021



  27. Links 22/11/2021: EasyOS Dunfell 3.1.11, Microsoft 'Extends' Mesa for Windows

    Links for the day



  28. Microsoft's GitHub is Hugely Toxic and It Censors Critics of Corporations or People Sceptical of Those in Power

    Sociopaths have taken over GitHub and control over GitHub (by Microsoft) is being shamelessly misused, just as we’ve warned all along; GitHub is social control media/network for code, asserting control over projects and developers by means of censorship and other sanctions



  29. EPO Staff Engagement Survey Predates the Pandemic and Provides False Assumptions for EPO Policies or Policy-Setting

    The EPO ticks a box for "surveying the staff", but is it actually listening? Is that done often enough? It was last done almost 3 years ago...



  30. Links 22/11/2021: Claws Mail 4 Enters Debian and Catch-up With Legal Matters

    Links for the day


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