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

06.18.18

Beware Team UPC’s Biggest Two Lies About the Unitary Patent (UPC)

Posted in Europe, Patents at 4:21 pm by Dr. Roy Schestowitz

France stands to benefit, as usual

The three Frenchmen

Summary: Claims that a Unified Patent Court (UPC) will commence next year are nothing but a fantasy of the Liar in Chief, Benoît Battistelli, who keeps telling lies to French media (some of which he passes EPO money to, just like he passes EPO money to his other employer)

THE EPO has not been saying much about the UPC. There was mere repetition of Battistelli’s lies in French media a month ago (e.g. about UPC timeline [1, 2]) and it’s all the same nonsense about UPC getting ready to commence. Team UPC has not said much, either. For weeks!

“This whole pursuit of unitary ‘patents’ has been one big lie on top of serious political corruption and continental-scale entryism by the patent microcosm.”Earlier today, however, we saw this new article from Charles Russell Speechlys LLP’s Mary Bagnall, who perpetuates popular (among Team UPC’s greedy echo chamber) myths. Amid Brexit negotiations and a serious constitutional complaint (related to EPO scandals and Brexit) they pretend that nothing is amiss.

As we said several weeks ago, the main two lies which Team UPC keeps telling/spreading/copy-pasting about UPC these days are as follows: 1) UPC will definitely start in 2019. 2) the only question is, can the UK participate?

One is wishful thinking and the second is a loaded statement/question. This whole pursuit of unitary ‘patents’ has been one big lie on top of serious political corruption and continental-scale entryism by the patent microcosm. Thankfully, German judges are seeing all that and we expect the UPC to languish in years to come. It remains to be seen when António Campinos brings up the subject and what he will say (or how much he will lie).

Regarding Bagnall’s article, here she is repeating these two tiresome lies in two consecutive paragraphs:

Unified Patent Court:16 countries (including the UK) have now ratified the UPCA. With the UK’s ratification on 26 April, it is now only a legal challenge to ratification currently before the German Constitutional Court that is adversely impacting on the timetable for the introduction of the new regime. Assuming the challenge fails and Germany ratifies, this would potentially allow the UPC to open in early 2019.

The interesting question is whether the UK can continue to participate in the UPC regime after its exit from the EU. The UK Government has noted that the UPCA is an international treaty and that the international court will have jurisdiction over patent disputes across its contracting states. However, the Government has also noted that the unique nature of the proposed court means that the UK’s future relationship with the UPC will be subject to negotiation with European partners as the UK leaves the EU. The continuing participation of the UK and any participation of other non-EU countries, such as Switzerland, would certainly require amendment of the UPCA. It is thought that this is a possibility, but the question is whether there is enough support to make this happen?

The Unitary Patent is pretty much dead (they might rename it and retry one day), but they refuse to move on. Too greedy to accept the fact that they cheated and people are belatedly seeing it? If Mr. Campinos perpetuates this scam, we will surely be around to spot it and call him out on it. Low-quality patents are bad enough; low-quality legal process (e.g. in a language the defendant cannot understand) is another.

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. Links 23/10/2018: Mesa 18.3 Planned, RISC OS Adopts Apache Licence, Mozilla Firefox 63.0 Available

    Links for the day



  2. Microsoft's Patent Troll Intellectual Ventures Still Suing Microsoft's Rivals, Microsoft Gags Its Staff Regarding Patent Matters

    Microsoft says it's pursuing "truce"; the patent trolls it has created and backed (Bill Gates still backs them at a personal capacity) feel differently



  3. The EPO Under António Campinos Has Opened More Doors to Software Patents and Only Litigators Are Happy

    António Campinos continues Battistelli's tradition of shredding the Convention on the Grant of European Patents (EPC); it's all about generating as much assertion (e.g. litigation, shakedown) activity as possible, serving to bring Europe's productive industries to a halt



  4. German Court on UPC Constitutional Complaint: “No Oral Hearing is Currently Scheduled. A Decision Date is Not Foreseeable at Present.”

    More bad news for Team UPC as there's no sign of Germany signing/ratifying the UPCA and none of the underlying issues (noted in the complaint) have been addressed at all



  5. Links 22/10/2018: New Kernel Release and Linus Torvalds is Back in Charge

    Links for the day



  6. Lack of Patent Quality Means Lack of Patent Validity and Lack of Legal Certainty

    35 U.S.C. § 101 at the U.S. Patent and Trademark Office (USPTO) -- like the European Patent Convention (EPC) on the Grant of European Patents -- stresses patent quality and scope; will patent offices get things right before it's too late or too expensive to undo?



  7. Data Engine Technologies (DET) Just One Among Many Microsoft-Connected Patent Trolls That Pick on Microsoft's Biggest Competitors

    Lawyers' articles/blog posts continue to obscure the fact that Data Engine Technologies is merely a satellite or unit (one among many) of patent trolling giant Acacia Research Corp., connected to Microsoft and sporting a long history of lawsuits against GNU/Linux



  8. Alice/Mayo and Hatch-Influenced US Patent Office

    The U.S. Patent and Trademark Office (USPTO) seems to be serving those who pay the most to define the scope or limits of patenting; this means that even nature and life are being 'privatised' (or turned into someone's "intellectual" property)



  9. Funded by the Public to Prey on the Public: The Absurdity of Patent Sales and 'Enforcement' by Government

    Government or US Government-funded entities are looking to tax private companies using patents that were actually funded by the public; in practice this helps private firms or insiders (individuals) personally gain from something that the public subsidised and should thus be in the public domain



  10. Lockpath Patents Demonstrate That the US Patent Office -- Unlike US Courts -- Keeps Ignoring 35 U.S.C. § 101/Alice

    35 U.S.C. § 101 isn’t being entirely followed by examiners of the U.S. Patent and Trademark Office (USPTO); in fact, evidence suggests that mathematics are still becoming monopolies of private firms — something which should never happen



  11. The Eastern District of Texas and Its Patent Trolls Affinity Not a Solved Issue

    The American patent system continues to distribute monopolies on algorithms and some of these cause litigation to reach courts that are notorious for intolerance of 35 U.S.C. § 101, resulting in unnecessary payments to lawyers and patent trolls



  12. More 'Blockchain' Nonsense in Pursuit of Bogus, Nonsensical Software Patents

    The U.S. Patent and Trademark Office (USPTO) is still granting abstract software patents because words like "blockchain" get mentioned in the applications; companies that do this hope to shield themselves from disruptive technology and possibly facilitate future patent blackmail



  13. A Warning About MPEG-G, the Latest Software Patents Trap That Threatens Innovation Everywhere

    Combining patents on software and on life, MPEG-G assembles a malicious pool with malignant ramifications for bioinformatics



  14. MIT and the Prior Art Archive Perpetuate Existing Problems

    Large companies with many tens of thousands of patents (each) would have us believe that broadening access/reach of prior art (e.g. to patent examiners) would solve the issues; This may very well work for these large companies, but it overlooks the broader picture



  15. Links 20/10/2018: Mesa 18.2.3 Released, FreeBSD 12.0 Beta 1

    Links for the day



  16. Unified Patents Demolishes Some More Notorious Patent Trolls and Offers Bounties to Take Down More of Them

    Even though the new management of the US patent office treats patent trolls as a non-issue, groups that represent technology firms work hard to improve things (except for the litigation zealots)



  17. The Identity Crisis of the European Patent Office, Wrongly Believing It Exists to Serve Lawyers and Patent Trolls Outside Europe

    The European Patent Office doesn’t even feel like it’s European anymore; it’s just an international patent office that happens to be based (primarily) in Munich; insiders and outsiders alike need to ask themselves what these ‘European’ officials (employing firms outside Europe) have turned the Office into



  18. Links 19/10/2018: OpenBSD 6.4 and OpenSSH 7.9 Released

    Links for the day



  19. Ingve Björn Stjerna Has Just Warned That If Team UPC and the European Patent Office Rigged the Proceedings of the German Constitutional Court, Consequences Would be Significant

    The EPO is back to mentioning the Unified Patent Court and it keeps making it abundantly clear that it is only working for the litigation 'industry' rather than for science and technology (or "innovation" as they like to euphemise it)



  20. Links 18/10/2018: New Ubuntu and Postgres

    Links for the day



  21. It's Almost 2019 and Team UPC is Still Pretending Unitary Patent (UPC) Exists, Merely Waiting for Britain to Join

    Refusing to accept that the Unified Patent Court Agreement (UPCA) has reached its death or is at a dead end, UPC proponents — i.e. lawyers looking to profit from frivolous litigation — resort to outright lies and gymnastics in logic/intellectual gymnastics



  22. IAM and IP Kat Are Still Megaphones of Battistelli and His Agenda

    IAM reaffirms its commitment to corrupt Battistelli and IP Kat maintains its stance, which is basically not caring at all about EPO corruption (to the point of actively deleting blog comments that mention such corruption, i.e. 'sanitising' facts)



  23. The EPO Under António Campinos Relaxes the Rules on Software Patenting and the Litigation 'Industry' Loves That

    EPO management, which is nontechnical, found new terms by which to refer to software patents -- terms that even the marketing departments can endorse (having propped them up); they just call it all AI, augmented intelligence and so on



  24. Links 17/10/2018: Elementary OS 5.0 “Juno” Released, MongoDB’s Server Side Public Licence

    Links for the day



  25. Improving US Patent Quality Through Reassessments of Patents and Courts' Transparency

    Transparency in US courts and more public participation in the patent process (examination, litigation etc.) would help demonstrate that many patents are being granted — and sometimes asserted — that are totally bunk, bogus, fake



  26. Ask OIN How It Intends to Deal With Microsoft Proxies Such as Patent Trolls

    OIN continues to miss the key point (or intentionally avoid speaking about it); Microsoft is still selling 'protection' from the very same patent trolls that it is funding, arming, and sometimes even instructing (who to pass patents to and sue)



  27. Links 1610/2018: Linux 4.19 RC8, Xfce Screensaver 0.1.0 Released

    Links for the day



  28. Judge-Bashing Tactics, Undermining PTAB, and Iancu's Warpath for the Litigation and Insurance 'Industries'

    Many inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) leverage 35 U.S.C. § 101 against software patents; instead of putting an end to such patents Director Iancu decides to just serve the 'industry' he came from (a meta-industry where his firm had worked for Donald Trump)



  29. 'Cloud', 'AI' and Other Buzzwords as Excuses for Granting Fake Patents on Software

    With resurgence of rather meaningless terms like so-called 'clouds' (servers/hosting) and 'AI' (typically anything in code which does something clever, including management of patents) the debate is being shifted away from 35 U.S.C. § 101 (Section 101); but courts would still see past such façade



  30. Corporate Media's Failure to Cover Patents Properly and Our New Hosting Woes

    A status update about EPO affairs and our Web host's plan to shut down (as a whole) very soon, leaving us orphaned or having to pay heavy bills


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