10.18.18

Gemini version available ♊︎

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

Posted in Deception, Europe, Patents at 7:24 am by Dr. Roy Schestowitz

Amplifying those two lies (twisting facts) still

Female gymnast

Summary: 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

EUROPEAN patent courts don’t quite tolerate software patents in Europe. National courts have pretty clear laws (excepting or excluding abstract things), so the António Campinos-run EPO hopes to bypass/replace these courts with UPC, which rumours say Battistelli still wants to manage. IAM keeps him in the loop, as does CEIPI.

Earlier this week Womble Bond Dickinson LLP’s Patrick Cantrill, Rose Smalley and Tim Barber spoke about UPC. They clarify that everything is conditional although they stop short of saying it’s dead. To quote:

The current membership of the EPO numbers 38 countries, i.e. a far greater number than the current 28 Member States of the EU. Therefore, as far as the EPO, EPC and UK patent profession are concerned, it is business as usual. To put into context this continuation of the UK in the operations of the EPC and the EPO, it may be recalled that UK patent attorneys comprise one-fifth of the total number of professionals across the EPO signatory states, and they handle one-third of all of the European patent (“EP”) applications. Moreover, of the 40,000 EPs filed last year by UK patent attorneys, 90% originated from outside the UK. Consequently, the prosecution of EP applications, whether at the EPO or through the Patent Cooperation Treaty, will not change. New and pending applications will continue to designate the UK and as before, at the grant stage, the applicant will be able to opt for national protection in the UK and other countries, exactly as they do at present.

However, there will be some ramifications following Brexit in such areas as Supplementary Protection Certificates (“SPCs”); Community Plant Variety Rights (“CPVRs”); and the proposed Unitary Patents (“UPs”) and Unified Patents Court (“UPC”).

Moreover, if the UP system is to come into existence, there is a query as to the extent to which the UK can participate, an issue which this note addresses in greater detail below, along with the issue as to whether, and if so how, patentees might wish to opt out of UPC system.

[...]

The establishment of the UPC has been stalled by a challenge brought before the German Constitutional Court, which is not due to be heard until the autumn of 2018. Even if this challenge were to be overcome, the UPC is now unlikely to open its doors until the middle of 2019 at the earliest, after the date for Brexit.

It has nevertheless been stated by the UK Government that, regardless of Brexit, the UK wishes to participate in the UPC. With this in mind, the UK ratified the UPC Treaty on 26 April 2018. However, as aspects of the UPC will be subject to EU law, the UK’s participation post-Brexit will require an amendment to the UPC Treaty, as its provisions only cover ‘Member States’. Encouragingly, there appears to be willingness on all sides that such an accommodation will be made in order to allow the UK to participate.

If the UK is unable (or unwilling) post-Brexit to participate in the UP system, a UP will cover only those EU Member States within the EPC system that have ratified the UPC Treaty. As at the date of publication, 16 Member States had ratified and three more are on track to have ratified by the time that the UP system commences (if such should occur in mid-2019). If the UK does not join, it will continue to be possible to validate ‘classical’ EP application in the UK as is the case today.

They are leaping quite a few steps because there are additional barriers (other than Germany’s challenge) and opposition can be leveraged — if necessary — in all sorts of other ways. The truth is, UPCA is nothing but a collusion of law firms. They strive to change the law to better suit the litigation ‘industry’. It’s bad for Europe and good for foreign patent trolls.

IPPro Patents’ Ben Wodecki has meanwhile mentioned some nonsense from a “LIPS panellist” (they promote patent maximalism in this event). The UPC is virtually dead, but facts don’t seem to matter because Team UPC keeps lying about it in its behind-closed-doors lobbying events. Here’s what the new report said:

The UK does not need to sign a new treaty to remain part of the Unified Patent Court (UPC), according to Francesco Macchetta, intellectual property advisor and former director of IP at Bracco Imaging.

In a panel discussion at the London IP Summit on intellectual property post-brexit, Macchetta said that, in his opinion, no new treaty would be necessary for the UK to remain in the UPC as “the UK ratified when it was an EU member as required by the legislation”.

Pierre Véron, honorary president of the European Patent Lawyers Association, agreed, showing the audience the Lamping-Ullrich paper, which suggests that the UK should not be allowed to be part of the UPC post-brexit.

This is the same European Patent Lawyers Association (EPLAW) which recently mocked the paper using anonymous sockpuppets. These people are downright crazy and they’re growingly miserable.

Last but not least we have this new article by Dorsey & Whitney LLP. “The Unified Patent Court (‘UPC’) has not yet been established as it is still needs ratification by Germany (the timing of which, vis-à-vis Brexit, is unknown),” it says. Timing? Not even the outcome is known!

But that doesn’t matter, does it?

They’d have their target audience believe that the outcome is already known and judges are just some ‘nuisance’ in the face of inevitability. From their article:

As much of patent law has a basis in UK domestic legislation, the existing systems (including conditions, legal requirements and application processes) will remain in place but will operate independently from the EU. EU legislation relevant to patents and supplementary protection certificates will be retained in the UK law and will form the UK’s own supplementary protection certificate regime on exit. Any existing rights and licences in force in the UK will remain in force after exit day.

The Unified Patent Court (‘UPC’) has not yet been established as it is still needs ratification by Germany (the timing of which, vis-à-vis Brexit, is unknown). The UPC is intended to be a single international forum established by 25 EU countries to provide businesses with a streamlined process for enforcing patents. The UK government has stated that it wishes to remain part of the UPC and unitary patent system on exit day if possible. If the UPC is ratified and comes into force, the UK will explore whether it would be possible to remain within the UPC and unitary patent systems following Brexit. Following Brexit it may be that staying within the UPC and unitary patent system is unworkable. To do so would mean that the UK has to accept the supremacy of European law in these matters and this is most likely not acceptable to certain UK political circles who regard the supremacy of any form of outside law and of forum as objectionable.

Pretty much all the above is a salad of lies and wishful thinking, i.e. what sums up pretty much everything that comes out of the mouths of Team UPC nowadays. Time has probably run out for them already, but they refuse to give up. They’re delusional.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Saturday, November 27, 2021

    IRC logs for Saturday, November 27, 2021



  2. Links 27/11/2021: Nvidia’s DLSS Hype and Why GNU/Linux Matters

    Links for the day



  3. [Meme] Linus Gabriel Sebastian Takes GNU/Linux for a (Tail)'Spin'

    If you’re trying to prove that GNU/Linux is NOT Windows, then “haha! Well done…”



  4. GNU/Linux is for Freedom and It'll Gain Many Users When (or Where) People Understand What Software (or Computing) Freedom Means

    Software that respects people's freedom (and by extension privacy as well) is an alluring proposition; those who choose to try GNU/Linux for the wrong reasons are likely the wrong target audience for advocates



  5. Amid Reports of Microsoft's Competition Crimes in Europe...

    European companies are complaining, but they seem to overlook the principal aspect of an imperialistic system with bottomless pockets (almost 30 trillion dollars in debt already; US national debt soared again last month); Microsoft is shielded by a political system with military (“defence”) as bailout budget to help cushion international expansion for data grab and technical leverage, as we've seen in the case of EPO (this is all political, not technical, and should thus be treated as a political/corruption issue)



  6. Is Linus Trolling the GNU/Linux Community?

    This new video responds to what many sites have been provoked into amplifying



  7. Links 27/11/2021: Tux Paint 0.9.27 and SeaMonkey 1.1.19 in EasyOS

    Links for the day



  8. [Meme] Keeping Our Distance From Microsoft

    The OSI is the dagger, the Linux Foundation is the knife, and many others are the sword by which Microsoft tries to get into the very heart of GNU/Linux and extinguish the Free software movement



  9. Microsoft Edge Encourages Indebted Americans to Guilt-spend Just in Time for Christmas

    Guest post by Ryan, reprinted with permission



  10. IRC Proceedings: Friday, November 26, 2021

    IRC logs for Friday, November 26, 2021



  11. 38+ Years of GNU and 19+ Years of FSF Associate Membership

    “On November 25, 2002,” Wikipedia notes, “the FSF launched the FSF Associate Membership program for individuals.” As the above video points out, it all started almost 40 years ago.



  12. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification



  13. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below



  14. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day



  15. Links 26/11/2021: F35 Elections, Whonix 16.0.3.7, OSMC's November Refresh With Kodi 19.3

    Links for the day



  16. IRC Proceedings: Thursday, November 25, 2021

    IRC logs for Thursday, November 25, 2021



  17. IRC Proceedings: Wednesday, November 24, 2021

    IRC logs for Wednesday, November 24, 2021



  18. Links 25/11/2021: PHP 8.1.0 Released and Linux 5.15.5

    Links for the day



  19. IBM as Master of Hypocrisy

    Free software projects and Free software developers have long been humiliated by corporations of Western misogynists, falsely claiming that the Free software community isn’t inclusive enough (these are shameless projection tactics; as a matter of public record, the exact opposite is true) and even the eradication of supposedly offensive language isn’t something IBM takes seriously



  20. Links 25/11/2021: LibreOffice 7.2.3 and Mesa 21.2.6 Released

    Links for the day



  21. [Meme] So Desperate That Edge Cannot Even Exceed 4% That They Block Rival Web Browsers

    Linux/Android/Free Software/GNU (they go by very many names/brands) may continue to grow to the point where Windows is as irrelevant as Blackberry; this means that Microsoft’s grip on the Web too has slipped — to the point where Microsoft frantically uses 'bailout' money to hijack LinkedIn, GitHub, etc. (it also rebrands almost everything as "Azure" or clown to fake a perception of growth)



  22. Windows Vista Service Pack 11 (Vista 11) Has Failed to Curb the Growth of GNU/Linux

    Windows market share continues to decrease in spite of billions of dollars spent bribing the media for fake hype, especially in light of a new Windows Service Pack (SP), Vista SP 11



  23. Links 25/11/2021: Proton 6.3-8 and Linux Mint Compared to Ubuntu

    Links for the day



  24. 3.5 Years Later the 'Master' of Fedora is Still Microsoft and IBM Cannot Be Bothered to Alter Git Branch Names (Refuting or Ignoring Its Very Own Directive About Supposedly Racially-Insensitive Terms)

    Today we demonstrate the hypocrisy of IBM; years after telling us that we should shun the term "master" and repeatedly insisting it had a racist connotation at least 65 Fedora repositories, still controlled by Microsoft, still use "master"



  25. Changing the Arrangement While News is a Bit Slow(er)

    I've made it easier for myself to keep abreast of things like IRC channels and networks (incidentally, a day ago Freenode reopened to anonymous logins) and I've improved monitoring of the Web sites, Gemini capsule etc. (this video is unplanned and improvised)



  26. Links 24/11/2021: Alpine Linux 3.15 and Endless OS 4.0 Released

    Links for the day



  27. [Meme] Jimmy Zemlin Loves Microsoft

    It’s funny, isn’t it? Lying for a living and sucking up to the liars pays off; you get to plunder actual Linux users while leaving Linux morally and financially bankrupt



  28. Links 24/11/2021: PHP Foundation and Flatpak Criticisms

    Links for the day



  29. IRC Proceedings: Tuesday, November 23, 2021

    IRC logs for Tuesday, November 23, 2021



  30. Links 24/11/2021: Rust Crisis and Team UPC Still Faking 'Progress'

    Links for the day


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