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

09.29.18

Team UPC Wants More (Patent) Taxes on Society While Defending/Shielding the Super-rich From Taxes That Might Otherwise Benefit Society

Posted in America, Europe, Patents at 2:53 pm by Dr. Roy Schestowitz

Guarding the super-rich by pushing new laws that favour their interests

Torre de Belem

Summary: By actively helping affluent individuals and multinational firms raid the world with patents and helping these individuals and multinational firms get tax exemptions/reliefs the law firms that are shameless about UPC promotion reveal themselves for what they truly are; they’re parasites that take from the poor to give to the rich

THE media has been quiet about the EPO lately (more so than about the USPTO), which left a certain vacuum for law firms that push their marketing as ‘news’. Over the past week this has mostly meant shameless self-promotion in relation to the UPC.

Not everybody played along. “Only 6 months until Brexit on 29 Mar 2019,” one of them wrote. “And the European Unified Patent Court? No German ratification of UPC agreement, no decision of constitutional court yet, no oral hearing scheduled. Time to say goodbye?”

Yes, but Team UPC won’t give up and admit that just yet. Boult Wade Tennant LLP’s Neil Thomson, in addition to Gordon Harris and Kate Swaine (Gowling WLG) and Osborne Clarke’s Arty Rajendra, Robert Guthrie, Clare Robinson and Mark Foreman are the latest to write about ‘unitary’ patents and the UK. Well, their UPC dream is dead. Deep inside they know it, but they keep throwing their ‘analyses’ at Mondaq and Lexology [1, 2, 3]. So did Stephen Bennett and Sahira Khwaja (Hogan Lovells) in JD Supra, as did Anita Polott and Robert Smyth (Morgan Lewis) [1, 2]. For those who aren’t familiar with Mondaq, Lexology and JD Supra, those are basically platforms of lawyers, not journalism. That may seem like honest advice, but it’s just a farm in which to advertise (oneself).

UPC has all along been full of mischief and cheating. Lies, manipulation and dirty tricks behind closed doors. This isn’t going to help the reputation of the profession.

Patrick Wingrove, writing from London about the so-called ‘UK Patent Box’, is basically framing as beneficial a tax evasion mechanism; it’s about using patents and dirty tricks by which to ‘hide’ some ‘assets’ and it’s mostly exploited by large corporations with help of law firms. As Wingrove put it: “Newly-released statistics from the UK’s HMRC indicate a 25% year-on-year increase in Patent Box claims. Large companies are getting better at using the system, but overheads may still be keeping smaller firms from using it…”

So HMRC and some patent law firms facilitate more tax evasion by the rich, making them even richer. The same goes for the UPC in the sense that UPC is designed to help large companies crush SMEs using patents. They ought to call it what it really is, but those sites are megaphones of the litigation ‘industry’. Here’s how another site covered it days ago:

Over 1000 companies claimed almost £1 billion in relief using the UK’s Patent Box initiative.

According to statistics released by from HM Revenue & Customs (HMRC) data, 1,025 companies claimed £942.5 million in relief using the Patent Box in 2016-17.

HMRC revealed in its annual statistics release that the number of companies claiming relief increased from 2013-14 to 2015-16, although the number of companies claiming relief in 2016-17 decreased compared to previous years.

Over a quarter of claiming companies were classified as ‘large’ and accounted for 96.3 percent of relief in 2016-17, up 0.8 percent on the previous year.

That’s just ‘legalised’ tax evasion by the rich, actively and gleefully facilitated by patent lawyers. Are they proud of themselves? Making the poor pay even more tax to make up for these blatant omissions?

Meanwhile, over in the US, there’s this update about a super-rich individual opposing taxes on one’s patent extortion and the role of SCOTUS in it:

I posted an article earlier on Gil Hyatt’s ongoing disputes with the USPTO. He also has ongoing disputes with the California Tax Board that reach back to his early licensing revenue from his 1990 microprocessor patent. The case is back before the Supreme Court for the third time. See Franchise Tax Board v. Hyatt (Hyatt I), 538 U.S. 488 (2003); Franchise Tax Board v. Hyatt (Hyatt II), 136 S.Ct. 1277 (2016).

The basic issue is that a Nevada jury found that California had used improper aggression in pursuing Hyatt for taxes that were not really owed.

So we get it. Rich people don’t want to pay tax. They want to tax the whole of society using patents while contributing just about nothing in terms of taxes. This is the sort of nefarious agenda actively promoted by patent law firms (perhaps with few exceptions). And later they tell us all sorts of fairy tales about their aim of protecting innovation and so on…

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. With 'Brexit' in a Lot of Headlines Team UPC Takes the Unitary Patent Lies up a Notch

    Misinformation continues to run like water; people are expected to believe that the UPC, an inherently EU-centric construct, can magically come to fruition in the UK (or in Europe as a whole)



  2. The EPO Not Only Abandoned the EPC But Also the Biotech Directive

    Last week's decision (T1063/18, EPO Technical Board of Appeal 3.3.04) shows that there's still a long way to go before the Office and the Organisation as a whole fulfil their obligation to those who birthed the Organisation in the first placeLast week's decision (T1063/18, EPO Technical Board of Appeal 3.3.04) shows that there's still a long way to go before the Office and the Organisation as a whole fulfil their obligation to those who birthed the Organisation in the first place



  3. Patents on Abstract Things and on Life (or Patents Which Threaten Lives) Merely Threaten the Very Legitimacy of Patent Offices, Including EPO

    Patent Hubris and maximalism pose a threat or a major risk to the very system that they claim to be championing; by reducing the barrier to entry (i.e. introducing low-quality or socially detrimental patents) they merely embolden ardent critics who demand patent systems as a whole be abolished; the EPO is nowadays a leading example of it



  4. Links 10/12/2018: Linux 4.20 RC6 and Git 2.20

    Links for the day



  5. US Courts Make the United States' Patent System Sane Again

    35 U.S.C. § 101 (Section 101), the Patent Trial and Appeal Board (PTAB) and other factors are making the patent system in the US a lot more sane



  6. Today's USPTO Grants a Lot of Fake Patents, Software Patents That Courts Would Invalidate

    The 35 U.S.C. § 101 effect is very much real; patents on abstract/nonphysical ideas get invalidated en masse (in courts/PTAB) and Director Andrei Iancu refuses to pay attention as if he's above the law and court rulings don't apply to him



  7. A Month After Microsoft Claimed Patent 'Truce' Its Patent Trolls Keep Attacking Microsoft's Rivals

    Microsoft's legal department relies on its vultures (to whom it passes money and patents) to sue its rivals; but other than that, Microsoft is a wonderful company!



  8. Good News: US Supreme Court Rejects Efforts to Revisit Alice, Most Software Patents to Remain Worthless

    35 U.S.C. § 101 will likely remain in tact for a long time to come; courts have come to grips with the status quo, as even the Federal Circuit approves the large majority of invalidations by the Patent Trial and Appeal Board’s (PTAB) panels, initiated by inter partes reviews (IPRs)



  9. Florian Müller's Article About SEPs and the EPO

    Report from the court in Munich, where the EPO is based



  10. EPO Vice-President Željko Topić in New Article About Corruption in Croatia

    The Croatian newspaper 7Dnevno has an outline of what Željko Topić has done in Croatia and in the EPO in Munich; it argues that this seriously erodes Croatia's national brand/identity



  11. The Quality of European Patents Continues to Deteriorate Under António Campinos and Software Patents Are Advocated Every Day

    The EPC in the European Patent Office and 35 U.S.C. § 101 in the USPTO annul most if not all software patents; under António Campinos, however, software patents are being granted in Europe and the USPTO exploits similar tricks



  12. Team UPC is Still Spreading False Rumours in an Effort to Trick Politicians and Pressure Judges

    Abuses at the European Patent Office, political turmoil and an obvious legislative coup by a self-serving occupation that produces nothing have already doomed the Unitary Patent or Unified Patent Court (UPC); so now we deal with complete fabrications from Team UPC as they're struggling to make something out of nothing, anonymously smearing opposition to the UPC and anonymously making stuff up



  13. Patents on Life and Patents That Kill the Poor Would Only Delegitimise the European Patent Office

    After Mayo, Myriad and other SCOTUS cases (the basis of 35 U.S.C. § 101) the U.S. Patent and Trademark Office is reluctant to grant patents on life; the European Patent Office (EPO), however, goes in the opposite direction, even in defiance of the European Patent Convention



  14. EPO 'Untapped Potential'

    "Campinos is diligently looking for ways to further increase the Office’s output without increasing the number of examiners," says the EPO-FLIER team



  15. Links 9/12/2018: New Linux Stable Releases (Notably Linux 4.19.8), RC Coming, and Unifont 11.0.03

    Links for the day



  16. Links 8/12/2018: Mesa 18.3.0, Mageia 7 Beta, WordPress 5.0

    Links for the day



  17. The European Patent Organisation is Like a Private Club and Roland Grossenbacher is Back in It

    In the absence of Benoît Battistelli quality control at the EPO is still not effective; patents are being granted like the sole goal is to increase so-called 'production' (or profit), appeals are being subjected to threats from Office management, and external courts (courts that assess patents outside the jurisdiction of the Office/Organisation) are being targeted with a long-sought replacement like the Unified Patent Court, or UPC (Unitary Patent)



  18. Links 7/12/2018: GNU Guix, GuixSD 0.16.0, GCC 7.4, PHP 7.3.0 Released

    Links for the day



  19. The Federal Circuit's Decision on Ancora Technologies v HTC America is the Rare Exception, Not the Norm

    Even though the PTAB does not automatically reject every patent when 35 U.S.C. § 101 gets invoked we're supposed to think that somehow things are changing in favour of patent maximalists; but all they do is obsess over something old (as old as a month ago) and hardly controversial



  20. The European Patent Office Remains a Lawless Place Where Judges Are Afraid of the Banker in Chief

    With the former banker Campinos replacing the politician Battistelli and seeking to have far more powers it would be insane for the German Constitutional Court to ever allow anything remotely like the UPC; sites that are sponsored by Team UPC, however, try to influence outcomes, pushing patent maximalism and diminishing the role of patent judges



  21. Many of the Same People Are Still in Charge of the European Patent Office Even Though They Broke the Law

    "EPO’s art collection honoured with award," the EPO writes, choosing to distract from what actually goes on at the Office and has never been properly dealt with



  22. Links 6/12/2018: FreeNAS 11.2, Mesa 18.3 Later Today, Fedora Elections

    Links for the day



  23. EPO, in Its Patent Trolls-Infested Forum, Admits It is Granting Bogus Software Patents Under the Guise of 'Blockchain'

    Yesterday's embarrassing event of the EPO was a festival of the litigation giants and trolls, who shrewdly disguise patents on algorithms using all sorts of fashionable words that often don't mean anything (or deviate greatly from their original meanings)



  24. The Patent Litigation Bubble is Imploding in the US While the UPC Dies in Europe

    The meta-industry which profits from feuds, disputes, threats and blackmail isn't doing too well; even in Europe, where it worked hard for a number of years to institute a horrible litigation system which favours global plaintiffs (patent trolls, opportunists and monopolists), these things are going up in flames



  25. Links 5/12/2018: Epic Games Store, CrossOver 18.1.0, Important Kubernetes Patch

    Links for the day



  26. Links 4/12/2018: LibrePCB 0.1.0, SQLite 3.26.0, PhysX Code

    Links for the day



  27. EPO Management Keeps Embarrassing Itself, UPC More Dead Than Before, and Nokia Turns Aggressive

    The EPO’s race to the bottom of patent quality continues, it’s now complemented by direct association with patent trolls and law stands in their way (for they repeatedly violate the law)



  28. The Intellectual Property Owners Association (IPO) and IBM Are Part of the Software Patents Problem in the United States

    IBM's special role in lobbying for software patents (and against PTAB) needs to be highlighted; even Ethereum’s co-founder isn't happy about IBM's meddling in the blockchain space (with help from Hyperledger/Linux Foundation)



  29. The Patent Trial and Appeal Board (PTAB) Not Falling for Attempts to Prevent It From Instituting Challenges

    In the face of patent maximalists' endless efforts to derail patent quality the tribunal keeps calm and carries on smashing bad patents



  30. Links 2/12/2018: Linux 4.20 RC5, Snapcraft 3.0, VirtualBox 6.0 Beta 3

    Links for the day


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