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

09.06.18

Even Overzealous Patent Maximalists Nowadays Admit That Time is Running Out for the Unitary Patent (UPC)

Posted in Europe, Patents at 3:30 am by Dr. Roy Schestowitz

“Who’s next?” ~Insider tweet

EPO death angel

Summary: The UPC is next to ‘die’ (after ILO-AT, EPC, AMBA, SUEPO and examiners’ careers), being a casualty of very serious EPO abuses that impact a lot of people, including journalists whom the EPO kept threatening, never mind the growing danger of being sued using wrongly-granted European Patents

THE silence surrounding UPC is almost deafening. Bristows remained quiet for a very, very long time (like never before) and Team UPC in general isn’t even bringing up the subject anymore. To the EPO the subject virtually does not exist; António Campinos mentioned it once (a couple of days after joining the Office), but nothing has been uttered since. SUEPO hasn’t mentioned the words/terms for a number of months. We watch the relevant terms closely (monitoring the news) and it’s like a ghost town. UPC is almost never mentioned, not even inside the bodies of articles. Yesterday was a rare exception because very vocal boosters of software patents (we wrote about them about a dozen times before and recently they were rather strident about their biases) wrote about “The Unified Patent Court and the Unitary Patent”. Shelston IP’s Serena White and Charles Tansey now say that “time is running out” for the UPC (that’s their headline) and, in their words, “[a]lthough many [Team UPC and the litigation 'industry'] expect the challenge to fail, if it is successful, the UPC will certainly be in troubled waters because Article 89 of the Agreement requires ratification by the three EU member states with the largest number of patents in force. Although this criterion does not mention any states by name, in practical terms it requires Germany’s ratification because Germany is the EU member state with the largest number of patents. Amendment of the legislation would be required in order circumvent this problem, but the question is whether the appetite to continue with the UPC without Germany would still exist.”

Here are their concluding words (before the final paragraph that is just shameless self-promotion):

With still no decision on whether or not a legal challenge at the German Constitutional Court is admissible, it is becoming increasingly uncertain if the new legislation for the Unified Patent Court (UPC) and the unitary patent will come into force before the UK’s departure from the EU. This article briefly outlines what the unitary patent and Unified Patent Court are, summarises the current issues and explains the significance of the timing of German ratification in the context of “Brexit day”.

That does not perpetuate the two famous lies often repeated by Team UPC in the UK. What’s noteworthy about it is that it’s a rare admission from patent zealots that UPC does not have a future. The three Frenchmen below may never fulfill their dream of making European Patents (of rapidly-declining quality) an “EU” thing, no matter how hard they try to perturb constitutions and irrespective of Brexit referendum outcomes. I personally do not believe that Brexit will ever happen, but even if it falls through, the UPC will still be doomed as that may take years of further bickering.

The three Frenchmen

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

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. UserLibre: What I Want You to Get From This Book

    "Corporate-backed lies run the world, and the FSF used to get in the way."



  2. Even the Mainstream/Corporate Media is Trying to Study Why (or If) Bill Gates and Epstein's Sex Abuse Ring Were Closely Connected

    People in the media are eager to understand why Mr. Gates was so close to Mr. Epstein and even flew his plane (despite having several of his own)



  3. The Incredible Demise of News Sites About Patents

    Sites for (and by) patent lawyers/attorneys seem to be perishing, which means it's hard to know what's going on



  4. Understanding Users and the Three Kinds of Computers: New, Slow and Broken

    "Understanding the user is the first step towards a practical response to misconceptions."



  5. The Good and Bad of a (GNU?) BSD (not GNU/LINUX) Future

    "The software industry now occupies Free software's own territory. No longer is it Free software vs. Windows and MacOS, it's Free software vs. GIAFAM-co-opted Free software."



  6. Links 9/8/2020: Popcorn Computers Pocket PC and New Interview With Richard Stallman

    Links for the day



  7. Education and Free Software

    "If students learn how to code, they'll be able to figure out the applications."



  8. Features Considered Harmful (Revised)

    "But the benefits of Free software, free candy and new features are all meaningless, if the user isn't in control."



  9. If We Weren't Silencing Founders, Critics and People We Just Don't Like

    In the long run, history is rarely very kind to tyrants, especially the ones who did little more than lie to people and demand things that served no real purpose."



  10. I Would Have Supported the Coup (Under Very Different Circumstances)

    Richard Stallman's (rms) ordeals are showing us how not to deal with a founder; this is how power transition could be done instead, according to figosdev



  11. It Looks Like Red Hat's (IBM) Fedora Project May be 'Outsourced' to Amazon's Datacentres

    In "seeking a more modern and cost effective location" for Fedora Infrastructure it seems to have been decided, privately, that Amazon (AWS) would be the new home of this project; but there's sufficient obfuscation surrounding the matter and many people seem to be totally unaware



  12. IRC Proceedings: Saturday, August 08, 2020

    IRC logs for Saturday, August 08, 2020



  13. Fearmongering Was Originally an IBM Thing, Not a Microsoft Thing

    Microsoft made FUD famous, but it was actually IBM’s practice that made it commonplace in the first place (the term or acronym was coined before Microsoft even mattered and on the same year Microsoft was founded)



  14. [Meme] People Get Fired for Being Bought by IBM (With a Crummy Severance Package)

    IBM used to proudly provide job security and one could have a job there for decades (career ladders and worker benefits of all sorts are what some people assess this when looking for an employer, e.g. whether they can progress, get promoted, stay onboard); by today’s standards only a month’s salary is exceptionally bad, especially when one gets fired without warning, but this is what IBM did to some Red Hat employees



  15. New FSF Video Makes the Case Against Microsoft GitHub (and Similar), So Why is the FSF's Board Being Filled Up With Active GitHub Users?

    The FSF makes a good point about “important values like autonomy, sharing, social responsibility, and collaboration” — the very things that are under attack by Microsoft’s GitHub, which is all about coercion and monopolistic control over developers



  16. Techrights is Not Against Microsoft

    It may be a suitable time to explain why Microsoft is mentioned so much and why it's not a fixation but a reactionary priority



  17. The THRIVE Guidelines

    "Nobody is perfect, and it's obvious that people already hold some to a more unreasonable interpretation of their standards than others."



  18. Links 8/8/2020: Mageia 8 Hits Beta and FSF Has New Video

    Links for the day



  19. [Meme/History] OpenPOWER or Just White POWER?

    Antiwar and anti-nukes activists cannot support those causes and support IBM at the same time, as the founder’s son (father received a medal from the Nazi Party) flew “an American heavy bomber” and enjoyed a track record of nepotism, propelling him to the top both in the military and at IBM



  20. Rebuilding Communities

    "First, we should talk about how our communities have regressed."



  21. [Meme] Microsoft in 2020: Liaising With Criminals to Make Crime the New Normal

    As the TikTok situation serves to show, Microsoft is little but a criminal cult that relies on other criminals to do Microsoft's biddings



  22. The Computer Anybody Can Edit

    "Without rebuilding and recompiling all of the packages on a large distribution, it is possible to "remaster" an ISO and get a different system -- even before you install it."



  23. Former Microsoft Employee on So-called 'Journalists' Being Blackmailed by Microsoft

    Mitchel Lewis, a former Microsoft employee, remarks on Mary Jo Foley being 'punished' by Microsoft for not mindlessly publishing Microsoft propaganda (we remarked on this before as she had spoken to me about this over a decade ago)



  24. IRC Proceedings: Friday, August 07, 2020

    IRC logs for Friday, August 07, 2020



  25. For the Want of a Pixel

    "It is still possible to win, but the FSF has practically left the field."



  26. Ubuntu and Fedora Project Serving Microsoft

    The Ubuntu 'community' as well as the 'community' component of Red Hat (IBM) don't view Microsoft as a rival; over a decade ago Mark Shuttleworth accused Microsoft of "extortion" and "racketeering" (his words), but now he's paid to change his tune



  27. (Don't Let's) Throw Caution to the Wind

    "As it will become crucial to explain, the effect of all this dancing around truth and reality was to transform a volunteer force primed to bring freedom to users into cheap labour for an industry that exploits everyone in it -- all the way to the very top of Open Source itself."



  28. Links 7/8/2020: Mesa 20.2 RC, Radeon Software for Linux 20.30

    Links for the day



  29. Computing Fundamentals

    "A graphical interface is better, for some things -- sometimes. But it will also put a lot more on our plates."



  30. IBM and the Bomb: Series Index (on 75th Anniversary of Atomic Bombs Being Dropped on Civilians)

    Today seems an apt time to remind readers that IBM participated in the creation of the only bombs ever to be dropped in a war (not tests) and this tradition carries on because IBM is still profiting from it, to this very day (countless billions made by IBM during the Cold War too)


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