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

08.30.18

Feeling Shut Out of the European Patent System, Team UPC Persists With Misleading Claims and Falsehoods

Posted in Deception, Europe, Patents at 6:05 pm by Dr. Roy Schestowitz

The litigation ‘industry’ wants to control everything, including the underlying rules/laws

Man with shadow

Summary: Just like the patent microcosm in the US (facing 35 U.S.C. § 101 and the Patent Trial and Appeal Board (PTAB)), Europe’s patent microcosm is looking to mislead clients, encouraging them to pursue patents which would be of no real value

THE EPO does not grant so-called ‘unitary’ patents. It probably never will. The USPTO grants patents that can theoretically be leveraged in any US state, but there too — after TC Heartland (SCOTUS) — there are serious limitations. We’ll say more about it in the weekend.

Europe needs unity. But that does not mean it needs the so-called ‘unitary’ patent court, sometimes known as UPC or Unitary Patent. Calling litigation, raids and embargoes “unity” or “unitary” is just laughable because these things divide, they do not unite. We have spent almost a decade writing about it — going back to the days it was euphemistically labeled “EU patent”, “community patent” etc. They keep shuffling euphemisms, hoping that some nonsensical term eventually sticks. Maybe they’ll rename again in the future.

In this post we’d like to draw attention to new misinformation. Earlier this week, over at the patent trolls’ lobby (IAM), Melanie Stevenson from Carpmaels & Ransford LLP (together with Roger Lush and David Holland) perpetuated the famous two lies about UPC. She said this: “Looking to the future, the government proposes that the “UK should continue to participate in the unitary patent system and the Unified Patent Court that underpins it”, confirming the United Kingdom’s long-held desire to participate in this new pan-European system. The arrival of the new patent and associated court continues to be delayed by the constitutional challenge in Germany, but once that is complete the new system could be ready to launch in 2019. Further news is anticipated regarding how the government and the European Union could work together in order to preserve the geographical breadth of the new system, which is one of its key selling points.”

A selling point to who? Patent trolls, sure. And their legal representatives, i.e. firms like hers.

AWA’s Sofia Willquist, whom we mentioned here before, also pretends that UPC is inevitable, but the so-called ‘unitary’ patent is dead except in the eyes of dyed-in-the-wool believers (because they stand to gain financially). Quoting Willquist’s new post: “With regards to patents, current validations of European patents in the UK will remain unaffected by the Brexit, and as set out by the UK IPO the UK thus intends to stay in the Unified Patent Court and unitary patent system after leaving the EU.”

How can you “stay” in something that does not even exist? These are loaded statements. They’re crafted to deceive.

Here is another new example, coming from a new interview with Kerry Flynn, vice president and chief IP counsel at Vertex Pharmaceuticals Incorporated. He said this: “In our industry we are now considering the impact of the unitary patent system and Brexit in Europe, and inter partes review proceedings in the United States.”

He’s alluding to UPC, which does not exist, then to PTAB inter partes reviews (IPRs), which are generally feared by companies like his. It’s similar to the Boards of Appeals which Battistelli attacked so viciously for at least 4 years.

The Boards of Appeals generally help ascertain patent quality (at least in theory if not in practice too, assuming they’re truly independent). The Boards of Appeals were recently brought up by Mitscherlich PartmbB's Christian Rupp and earlier this week he brought them up again:

Parameters, i.e. new medical values or ranges, are typical limiting features of claims. In the following guidance shall be given as how to avoid pitfalls in the context of parameters and claims and their associated measurement methods.

[...]

In the past, the EPO had taken the view (see e.g. T464/05 of May 14, 2007) that the absence of information in the application/patent regarding the method for measuring a crucial parameter implies substantial differences in the measured values obtainable when using one or the other of possible measuring methods known from the prior art. In the decision T464/05 this had been considered as being objectionable under Art. 83 EPC.

However, meanwhile the Boards of Appeal of the EPO have developed a more subtle approach (see e.g. T608/07 and T482/09 of 2009 and 2011, respectively). In T608/07 the Board had taken the view that an objection of insufficiency of disclosure (Art. 83 EPC) is only justified when the discrepancy in the measured values is of such magnitude that it “permeates the whole claim“ and „hence deprives the skilled person of the promise of the invention”.

As we said in response to Rupp’s writings last week, the Boards of Appeals no longer enjoy even the perception of independence and the EPC no longer applies/holds at the EPO, which repeatedly violated it. Rupp would be wiser to actually tackle EPO scandals, highlighting some of the issues presently under consideration at the German FCC.

Don’t expect the FCC to give the ‘green light’ to UPC Agreement (UPCA) ratification; besides, it can take another year if not a couple more years for the FCC to decide. By that stage, a lot will have changed; the EPO, for example, already rots. We are still deeply concerned about what Battistelli and Michel Barnier have done, knowing that France is reserved a special role in the imaginary (hypothetical) UPC. We suppose Battistelli still fantasises about making a ‘comeback’ as head of UPC, knowing the role is destined to be France’s. Battistelli is a profoundly corrupt person with a proven history of attacks on justice, on judges, and even fundamental laws, treaties (e.g. EPC) and so on. Only a crooked or highly misled FCC would allow the UPCA to move ahead.

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 25/9/2018: Mesa 18.1.9, New Fedora Beta, and Oracle Solaris 11.4 SRU1

    Links for the day



  2. Technology Groups and Innovators Bemoan Attempts to Override the Courts to Promote Patent Maximalists' Agenda by USPTO Director Andrei Iancu

    The U.S. Patent and Trademark Office (USPTO) is not listening to the views of actual innovators; it seems to be serving just the patent and litigation 'industry' (i.e. those who profit from illegitimate patents and baseless lawsuits)



  3. Patent Trolls Roundup: Microsoft's Patent Troll Collapses, Samsung Fuels Patent Troll Sisvel, and Patent Troll VirnetX Wants Apple's Cash

    Microsoft's largest patent troll continues to experience a mass exodus (in addition to all the layoffs), Sisvel receives armament from Samsung, and VirnetX carries on pretending -- to shareholders at least -- that it will get a lot of money out of Apple (albeit an appeal will likely prevent that altogether)



  4. António Campinos Goes to UPC-Hostile Country, UPC Continues to Languish and Team UPC Carries on Pushing for Software Patents in Europe (Courts Also)

    The Unified Patent Court (UPC) fantasy has fizzled, but those striving to interject software patents agenda into Europe from the back door (e.g. labeling these "AI" or ignoring the stance of actual courts) aren't giving up just yet



  5. The Man Whose Actions Could Potentially Land Team Battistelli in Jail

    As new evidence and more material surfaces about Benalla, Battistelli tries hard to hide himself from French media, knowing that he might be criminally culpable



  6. Links 24/9/2018: Linux 4.19 RC5 From Greg Kroah-Hartman, OpenShot 2.4.3 Released

    Links for the day



  7. Reader's Article: Affaire Benalla Strongly Connected to EPO/OEB/EPA and Former President Benoît Battistelli

    A Macron scandal has led French media to finally (and years too late) exploring some of the much more explosive scandals at the EPO, revealing some interesting new details in the process



  8. Language Patent Lawyers Are Using to Warp the Debate and Decrease Public Understanding of Patents

    The patent microcosm, trying to get the public all baffled/confused about the patent system, continues (mis)using words to convey things in misleading ways



  9. USPTO FEES ACT Makes the US Patent Office a Money-Making Machine That Systematically Disregards Patent Quality

    The lingering issues with patent assessment at the US patent office, which unlike US courts isn't quite so impartial an actor (it benefits more from granting than from rejecting)



  10. Guest Post on Ronan Le Gleut and Benalla at the French Senate (in Light of Battistelli's Epic Abuses)

    Thoughts on the possibility that Battistelli will belatedly be held accountable for his abuses, knowing that a senator representing French Citizens residing Abroad comes from the EPO



  11. A Lot of US Patents Are Entirely Bogus, But Apple Was Willing to Pay for Them

    Apple's resistance to Qualcomm's patent aggression was preceded by very heavy ("thermonuclear" by Steve Jobs' description/words) patent wars against Android and even legitimisation of clearly bogus software patents from Amazon



  12. 'Owning' Nature, Thanks to Patent Insanity and People Who Profit From That

    Questionable patents on things that always existed and are merely being explained or reassembled; those sorts of patents typically serve to merely discredit the patent system and courts too increasingly reject such patents (e.g. SCOTUS on Mayo Collaborative Services and Myriad Genetics, Inc.)



  13. Patents Stranger Than Fiction and 'Protection' From Fictional Things

    Fictional things are being treated like "inventions" and insurance companies now look to exploit fear of fictional things (man-made concepts), such as ownership of mere ideas or words



  14. Benoît Battistelli Refuses to Talk to the Media About Bringing Firearms to the EPO

    Benoît Battistelli's highly aggressive approach has attracted the attention of French media; Battistelli has reportedly refused to comment on that matter, knowing that he lacks a defense (same thing happened after he had hauled millions of EPO euros to his other employer)



  15. Patent Law Firms Have Become More Like Marketing Departments With an Aptitude for Buzzwords

    What we're observing, without much reluctance anymore, is that a lot of patent lawyers still push abstract software patents, desperately looking for new trendy terms or adjectives by which to make these seem non-abstract



  16. Interlude: The Need to Counter Misinformation From the Patent and Litigation 'Industry'

    24,500 posts reached; so we pause and reflect, seeing that many sites/blogs of patent maximalists gradually ebb away



  17. Advocacy of the Unitary Patent System Has Become Almost Identical to the 'Leave' (Brexit) Campaign

    The charades of Team UPC carry on in Kluwer Patent Blog — a blog which for a very long time served no purpose other than Unified Patent Court (UPC) advocacy



  18. Open Invention Network is Rendered Obsolete in the Wake of Alice and It's Not Even Useful in Combating Microsoft's Patent Trolls

    Changes at the US Patent and Trademark Office (USPTO) and in US courts' outcomes may have already meant that patent trolls rather than software patents in general are a growing threat, including those that Microsoft is backing, funding and arming to put legal pressure on GNU/Linux (and compel people/companies to host GNU/Linux instances on Azure for patent 'protection' from these trolls)



  19. Bogus Patents Which Oughtn't Have Been Granted Make Products Deliberately Worse, Reducing Innovation and Worsening Customers' Experience

    How shallow patents — or patent applications that no patent office should be accepting — turn out to be at the core of multi-billion-dollar cases/lawsuits, with potentially a billion people impacted (their products made worse to work around such questionable patents)



  20. EPO is Like a Patent Litigation (Without Actual Trial) Office, Not a Patent Examination Office

    Examination of patent applications isn't taken seriously by an office whose entire existence was supposed to be about examination; bureaucracy at the top of this office has apparently decided that the sole goal is to create more demand (i.e. lawsuits) for the litigation 'industry'



  21. Philippe Cadre From the French National Institute of Industrial Property (INPI) Wants to Join António Campinos

    Yet another example of INPI's creeping influence if not 'entryism' at the EPO and this time too patent quality isn't a priority



  22. Links 22/9/2018: Mesa 18.2.1, CLIP OS, GPL Settlement in Artifex/First National Title Insurance Company

    Links for the day



  23. Links 21/9/2018: Cockpit 178, Purism 'Dongle'

    Links for the day



  24. Criticism of Unitary Patent (UPC) Agreement Doomed the UPC and Patent Trolls' Plan -- Along With the Litigation Lobby -- for Unified 'Extortion Vector'

    The Unitary Patent or Unified Patent Court (UPC) was the trolls' weapon against potentially millions of European businesses; but those businesses have woken up to the fact that it was against their interests and European member states such as Spain and Poland now oppose it while Germany halts ratification



  25. It Wasn't Judges With Weapons in Their Office, It Was Benoît Battistelli Who Brought Firearms to the European Patent Office (EPO)

    The EPO scandals deepen in light of a very major scandal which has occupied the French media for a couple of months



  26. Links 20/9/2018: 2018 Linux Audio Miniconference and Blackboard's Openwashing

    Links for the day



  27. Links 19/9/2018: Chromebooks Get More DEBs, LLVM 7.0.0 Released

    Links for the day



  28. Links 18/9/2018: Qt 5.12 Alpha , MAAS 2.5.0 Beta, PostgreSQL CoC

    Links for the day



  29. Today's European Patent Office (EPO) Works for Large, Foreign Pharmaceutical Companies in Pursuit of Patents on Nature, Life, and Essential/Basic Drugs

    The never-ending insanity which is patents on DNA/genome/genetics and all sorts of basic things that are put together like a recipe in a restaurant; patents are no longer covering actual machinery that accomplishes unique tasks in complicated ways, typically assembled from scratch by humans; some supposed 'inventions' are merely born into existence by the natural splitting of organisms or conception (e.g. pregnancy)



  30. The EPO Has Quit Pretending That It Cares About Patent Quality, All It Cares About is Quantity of Lawsuits

    A new interview with Roberta Romano-Götsch, as well as the EPO's promotion of software patents alongside CIPA (Team UPC), is an indication that the EPO has ceased caring about quality and hardly even pretends to care anymore


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