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

06.07.18

What Team UPC Wants: Patent Trolls, Unified Patent Court (UPC), Software Patents, and Supplementary Protection Certificates (SPCs)

Posted in Deception, Europe, Patents at 12:16 pm by Dr. Roy Schestowitz

Bristows EPO

Summary: Increasing levels of agenda-setting ‘dressed up’ as “news” or “information” give rise to new dangers in Europe, notably an agenda of few global law firms rather than that of scientific and technological advancement — the very thing the patent system always proclaimed to be in favour of

THE judgmental, fundamental errors made by the USPTO in recent decades can in fact — in our very humble assessment — be attributed to lobbying by law firms (a lot of competition-related problems there aren’t attributable to patent reform but the legal chaos that preceded reform). They — lawyers, attorneys, clerks etc. — really profited a great deal from all the trolling and in recent years that sort of stopped, giving way to more productive work rather than prohibitive litigation costs. The EPO, however, strives to move in the same direction as the US ‘dark ages’ — the ages of the Eastern District of Texas and the era of Randall Rader (as chief at the Federal Circuit). This is very troubling to us, having watched these things since before Techrights even existed (I’ve been writing about patents since I was about 20).

“They — lawyers, attorneys, clerks etc. — really profited a great deal from all the trolling and in recent years that sort of stopped, giving way to more productive work rather than prohibitive litigation costs.”World Intellectual Property Review (WIPR) has just published this report about American and Korean companies fighting over patent infringement in Germany. So guess whose lawyers are hired. This may be good for some German law firms, but celebrating this would be a mistake (along the lines of championing the Eastern District of Texas, which nowadays repels actual businesses). To quote WIPR:

Engineered materials company Rogers Corporation, based in the US, has sued Korean chemical and auto parts manufacturer KCC Corporation for patent infringement in Germany.

Rogers announced yesterday, June 5, that its German subsidiary had filed the lawsuit in Düsseldorf, citing infringement of European patent number 1 061 783. The patent is called “Ceramic-metal substrate, particularly multiple substrate”.

According to Rogers, KCC has infringed the patent by offering in Germany direct bonded copper (DBC) substrate master cards that contain patented features.

So Europe is becoming a platform for patent aggressors that aren’t even European. This is only good for lawyers and we know at whose expense, right?

IP Kat, a lawyers-run site (they used to have more academics there, but they’ve left or are on ‘Sabbatical’), carries on with its rather horrific agenda of patent maximalism, including advocacy of UPC, software patents and so on. It seems as though the site is now dominated by Team UPC, as we last noted a couple of days ago.

“The feline blog is in decline. It even embraced censorship of opposing/dissenting views because the goal is agenda-setting, not an open forum.”Eibhlin Vardy, by writing about “the EPO’s Patenting of Artificial Intelligence conference” a couple of days ago, carries on with the EPO propaganda that’s labeling software patents “AI” in order to bypass the rules and eventually grant bogus patents. Her second post is just marketing from a law firm: “Following on from this morning’s post reporting on the EPO’s Patenting of Artificial Intelligence conference, Katfriend Gwilym Roberts of Kilburn & Strode provides an insight into the ethical dilemmas that arise in this area. This one should provoke discussion and debate!”

There’s almost no debate there. It’s more like a commercial — the very type of stuff that caused staff to leave IP Kat. The feline blog is in decline. It even embraced censorship of opposing/dissenting views because the goal is agenda-setting, not an open forum. Why bother commenting?

Eibhlin Vardy preceded this ‘commercial’ with a ‘report’ which merely amplifies or helps EPO with its lobbying event (advocacy for software patent applications). Some of the ‘usual suspects’ are named again (Lievens, Ménière, Philpott). These are patent maximalists who blatantly promote software patents. To quote:

The first two keynote speakers analysed AI as a driving force of the 4th Industrial Revolution (4IR). Clare Dillon, a technology evangelist, gave an insightful introduction into the topic and shared her vision on the formula of success for AI, namely the combination of ‘Technical innovation + digital culture + economic viability’. Her presentation was followed by another keynote speaker, Yann Ménière (EPO Chief Economist), who highlighted the dramatic increase in patent applications related to smart objects within the last several years. A third keynote speaker Koen Lievens (EPO Director) explained how the EPO examines patent applications in the area of AI.

[...]

As Grant Philpott (EPO Chief Operating Officer ICT) noted in his concluding remarks, adapting the patent system designed for hardware innovation to the virtual world of software innovation has been a long and difficult process, but ultimately, Europe and the EPO have succeeded in developing a highly methodical approach to the patenting of CIIs, which is firmly rooted in EPC case law and EPO practice. However, as AI software becomes super-software, incredibly powerful and versatile, the challenges for our patent system are likewise significant. Events such as this help us to meet that change and ensure that AI and its impact on patents and patentability continues to be dealt with systematically and in line with the laws and needs of stakeholders. Only by doing so can our system provide the stability and predictability that the industry needs for its business models, and further support economic growth of Europe.

Notice the use of the term “CII”, which makes it very obvious that he’s just talking about software patents. They recommend new ways (or buzzwords) for hiding that. In the meantime they distribute indoctrination to examiners in the form of the Gazette, urging them to grant patents on “4IR” (and for applicants to disguise algorithms that way). It’s despicable to watch and it’s rather despicable that IP Kat — now deeply and profoundly connected to Bristows — participates in all this. Yesterday in the UPC “Pravda” blog, quite frankly as usual, Bristows’ Robert Burrows was pushing the ‘Bulgaria card’ again (for perception of UPC ‘progress’) and Managing IP, another UPC booster, wrote about Supplementary Protection Certificates (SPCs), which are related to UPC and are routinely advocated by Bristows over at IP Kat. Patrick Wingrove wrote :

In addition to the European Commission’s proposed Supplementary Protection Certificates waiver, we identify the biggest SPC cases and analyse Brexit’s implications

Few issues in the IP industry are as complex, debated and divisive as Supplementary Protection Certificates (SPCs).

“Few issues in the IP industry are as complex, debated and divisive, Wingrove added later, “as Supplementary Protection Certificates (SPCs).”

Well, if they’re “divisive”, then that’s because it’s obvious who’s served by them (similar or overlapping with respect to UPC) and it’s only as “complex” as they try to make it in order to confuse the opposite, thereby depressing it.

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. The EPO Seems to Have Corrupted ILO/ILO-AT Like It Corrupted the Media and Academia (Using 'Toxic' EPO Budget)

    People are starting to notice and point out compositional flaws and potentially very serious conflicts of interest inside ILO, which is supposed to ensure justice for EPO workers and is instead stonewalling the vast majority of them (just like Battistelli's kangaroo courts inside the EPO)



  2. Benoît Battistelli's 'Dowry' From the Administrative Council of the EPO

    The dreadful state of the EPO, where one man controls everything and mismanages money (sending a huge amount of money to his other employer, giving himself a massive bonus or a "golden parachute", allegedly paying for national delegates' votes and gambling with EPO budget), won't be improved until the entire organisation removes "Team Battistelli" (the manifestation of Battistelli's 8-year rogue regime)



  3. Patent Extremism -- Like All Extremes -- Leads to Bad Outcomes

    Religiously believing in the value of all granted patents is a form of extremism which actively puts many lives at risk; the sooner this is realised, the better off society will be



  4. Even After SAS Institute, Inc. v Iancu (Decision on PTAB) There's No Stopping the Crackdown on Bogus US Patents

    Technology firms take advantage of PTAB, eliminating patents that should never have been issued by the US patent office in the first place; that makes it incredibly difficult for patent maximalists (led by Iancu) to phase PTAB out, more so after Oil States Energy Group v Greene’s Energy



  5. Can Alice/35 U.S.C. § 101 Stop Microsoft-Connected Patent Trolls in the US?

    The latest lawsuits and inter partes reviews (IPRs) which deal with Microsoft-connected trolls and other potentially-suspicious activities



  6. TC Heartland is Still Deterring and Suppressing Patent Trolls in the United States

    Eastern Texas is being 'evacuated' in the wake of TC Heartland, which continues to be brought up by legal defense teams



  7. The ILO Tribunal: Is It Still Worthy of Our Trust?

    Trusting ILO-AT has become a lot harder in light of its handling of EPO scandals



  8. The Dangerous Adoption of Patents on Life and Nature

    In the face of pressure from patent maximalists, as well as an appointment of a patent maximalist to the top of the US patent office, lawyers/law firms which strive to extend patent scope to life itself (or nature) seem to be getting their way



  9. Stronger Patents or None at All: How the Greed of Patent Law Firms and the Patent Office Contributes to Bogus Software Patents Being Amassed

    Alice Corp. v CLS Bank continues to be the sole recent reference for handling of software patents; that being the case, it's rather disturbing that patent law firms continue to recommend patenting of software and offer lousy excuses for that (mainly because they profit at the expense of those foolish enough to believe them)



  10. Patent Strengthening Would Necessarily Mean Lowering the Number of Patents Granted After Alice/35 U.S.C. § 101

    The concept of patent strength is being distorted in all sorts of ways and acronyms like IPR still being used not to describe the process by which bad patents get eliminated but to spread propaganda like 'intellectual' 'property' 'rights'



  11. Watchtroll's Reaffirmed Hatred Towards Science and Technology, Shattering the Myth About Patent Law Firms Trying to 'Help' Innovation

    The anti-technology rhetoric (what they call derogatorily "Big Tech") of patent maximalists is ruining their old narrative which goes something along the lines of helping inventors



  12. Nearly Half of Patent Applications at the EPO Are (at Least Partly) Software Patents, According to the EPO, and Not Many Patents Are European (Foreign, Not Domestic)

    With lack of care for examiners, for European businesses and for science in general the EPO carries on unabated; its agenda seems to be steered by Team UPC, which is looking to profit from lots of foreign lawsuits across Europe (relying on low-quality patents that wouldn't pass muster in national courts)



  13. Patent Factory Europe (PFE) is a Patent Troll's Publicity Stunt, Attempting to Frame a Predator as the Small Businesses' Friend and Ally

    Patent troll "France Brevets" with its tarnished name (it's the shame of France, a major source of shame other than Battistelli) has decided to do a charm offensive which characterises it as a friend of small firms (SMEs)



  14. Alice, Which Turns Four, Has Saved Billions of Dollars Previously Wasted on 'Protection' Money (Notably Patent Trolls)

    Alice has turned 4 (just five days ago) and software patents have never looked weaker (close to impossible to enforce in high courts in the United States), lowering the incentive to pursue such patents in the first place



  15. Links 23/6/2018: Kodi 18 Alpha 2, Peppermint 9, Wine 3.11

    Links for the day



  16. Somewhat Underwhelming Reception for US Patent Number 10,000,000 (Which Actually Isn't)

    While US patent number 10,000,000 did, in fact, get issued (several days ago) there are un-ignorable reminders that a lot more patents exist and the high number says more about neglected quality than actual, objective success



  17. The United States' Supreme Court Takes the Side of Patent Maximalists, for a Change

    WesternGeco LLC v. ION Geophysical Corp. reaches its conclusion; while it has zero effect on patent scope, it does serve to show that the US Supreme Court (SCOTUS) isn’t inherently biased against patents in general



  18. Mainstream Media in Germany Covers Battistelli's Corruption at the EPO Just as He Leaves

    Mainstream German media writes about Battistelli's scandals that nobody seems eager or wishes to discuss, let alone bring up; law-centric German media covers the now-famous open letter from German law firms (Grünecker, Hoffmann Eitle, Maiwald, and Vossius & Partner)



  19. Links 22/6/2018: PulseAudio 12.0, Krita 4.1 Beta, LabPlot 2.5, Git 2.18.0

    Links for the day



  20. “Dr Ernst Should be Forced by National Politicians to Step Down With Immediate Effect” After Battistelli's Latest EPO Scandals

    Further discussions about the horrible legacy of Battistelli and his protectors, who seem to be interested in a patent trolls-friendly patent system which devalues workers and consciously lowers the patent bar (at all costs, even violation of laws and constitutions)



  21. Links 21/6/2018: Microsoft's 'Damage Control' Amid Role in ICE Scandals, 11-Hour Azure Downtime (Again), GNOME 3.29.3, and More GNU/Linux Wins

    Links for the day



  22. Battistelli and Topić Lose Their Bogus 'Case' Against Judge Corcoran After They Defamed Him and Ruined His Career/Life

    The SLAPP action against Judge Patrick Corcoran, who has so far won all cases involving the EPO, is finally dismissed in Germany; what remains is an ugly legacy at the EPO, wherein everyone bold enough to say something about corruption at the top is having his or her life — not just career — destroyed



  23. Even Media of the Patent Microcosm Mentions the Decline in Quality of Patents at the EPO, Based on Its Very Own Stakeholders, While IAM Ignores the News

    The whole world basically accepts, based on patent examiners as well as those whom they interact with (patent agents), that patent quality at the EPO has sunk; but the EPO and IAM continue to vigorously deny that as it threatens some people's nefarious agenda



  24. Links 20/6/2018: Qt 5.11.1, Oracle Solaris 11.3 SRU 33, HHVM 3.27.0, Microsoft Helping ICE

    Links for the day



  25. Patent Extremists Are Unable to Find Federal Circuit Cases That Help Them Mislead on Alice

    Patent extremists prefer talking about Mayo but not Alice when it comes to 35 U.S.C. § 101; Broadcom is meanwhile going on a 'fishing expedition', looking to profit from patents by calling for embargo through the ITC



  26. What Use Are 10 Million Patents That Are of Low Quality in a Patent Office Controlled by the Patent 'Industry'?

    The patent maximalists are celebrating overgranting; the USPTO, failing to heed the warning from patent courts, continues issuing far too many patents and a new paper from Mark Lemley and Robin Feldman offers a dose of sobering reality



  27. The Eastern District of Texas is Where Asian Companies/Patents/Trolls Still Go After TC Heartland

    Proxies of Longhorn IP and KAIST (Katana Silicon Technologies LLC and KAIST IP US LLC, respectively) roam Texas in pursuit of money of out nothing but patents and aggressive litigation; there's also a Microsoft connection



  28. EPO Insiders Correct the Record of Benoît Battistelli’s Tyranny and Abuse of Law: “Legal Harassment and Retaliation”

    Battistelli’s record, as per EPO-FLIER 37, is a lot worse than the Office cares to tell stakeholders, who are already complaining about decline in patent quality



  29. Articles About a Unitary Patent System Are Lies and Marketing From Law Firms With 'Lawsuits Lust'

    Team UPC has grown louder with its lobbying efforts this past week; the same lies are being repeated without much of a challenge and press ownership plays a role in that



  30. The Decline in Patent Quality at the EPO Causes Frivolous Lawsuits That Only Lawyers Profit From

    The European Patent Office (EPO) will continue granting low-quality European Patents under the leadership of the Battistelli-'nominated' Frenchman, António Campinos; this is bad news for science and technology as that quite likely means a lot more lawsuits without merit (which only lawyers profit from)


CoPilotCo

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

CoPilotCo

Recent Posts