02.28.19

Gemini version available ♊︎

The Latest Brexit Developments Add Another Nail (Among Many) to the Unified Patent Court’s (UPC) Coffin

Posted in Europe, Patents at 5:11 am by Dr. Roy Schestowitz

Unitary collapse; even the “Law Society” knows it by now; eDossier officially dies tomorrow

The Law Society Gazette

Summary: The Law Society one among many who have virtually given up on the Unitary Patent, knowing that Unified Patent Court Agreement (UPCA) ratification is unlikely and Britain’s limbo prevents any further progress anyway; it means that national patent courts will continue rejecting a lot of European Patents, whose quality has declined considerably

TECHRIGHTS has never been about (pure) politics but rather about more technical things, including patents. Hence the focus on the EPO and USPTO along with legal cases. We’re not planning to write about pro- and anti-Brexit (there are lots of blogs out there which already cover it), but considering what happened over the past few days if not weeks it looks even more likely that UPC will never become a reality. The silence from Team UPC further reinforces this. They would be shouting from rooftops otherwise (but they don’t). Battistelli’s plan for the Office and for Europe goes down in flames.

“The silence from Team UPC further reinforces this.”Yesterday at IP Kat the Litigation ‘Society’ (“Law Society”) had its position outlined (“Law Society’s guidance on IP and No-Deal Brexit”); it’s just lobbying for more litigation and legal bills, as one might expect from a front group of law firms. But surprisingly enough UPC is not even mentioned. Their publications kept lobbying for the UPC under the guise of “news” (in the “Law Gazette”, which is really just “The Law Society Gazette”). Have they given up like IAM did? It is quite noteworthy that the EPO never mentions the UPC anymore (António Campinos has not uttered these words in many months), IAM isn’t covering the subject, JUVE covers it only on rare occasions (maybe once a month, echoing Team UPC) and the Law Society — unlike Team UPC — isn’t even listing it anymore.

Meanwhile at IAM, which has sunk in its ratings, there’s this self-promotional piece from Carpmaels & Ransford LLP (hence no paywall) that speaks of double patenting (we covered it some days ago). To quote:

For the first time, questions have been referred to the Enlarged Board of Appeal specifically addressing the EPO’s approach to double patenting. They concern the circumstances, if any, in which there might be a legitimate interest in the same applicant being granted multiple patents for the same subject matter.

It is possible that the Enlarged Board’s answers will have a significant impact on filing strategies that are frequently employed at the EPO. For example, the answers could be relevant to strategies that involve filing divisional applications to protect against commercial or legal uncertainties. Another common strategy that might be affected is the use of parent and divisional applications to prosecute subject matter at an accelerated pace (eg, narrow claims of the highest commercial value), while prosecuting other subject matter at a slower pace (eg, claims of broader scope).

The questions come from the Technical Board of Appeal 3.3.01, which handles pharmaceutical matters, and concern an application filed by Nestec SA. The application (09159932.4) was refused by the Examining Division following an assessment that Claim 1 was “100% identical” to the subject matter claimed in the patent from which 09159932.4 claimed priority. The Examining Division therefore argued that the grant of 09159932.4 would be contrary to the prohibition on double patenting referred to in the obiter dicta of Enlarged Board decisions G1/05 and G1/06. Nestec SA appealed the Examining Division’s refusal.

Well, double patenting is a hallmark of patent maximalism, which goes together with the decline of patent quality in general. Courts across Europe will, over time, reveal just how severe the problem has become.

“Battistelli’s plan for the Office and for Europe goes down in flames.”Mondaq has in fact just reposted some other IAM nonsense from Selin Sinem Erciyas (Gün + Partners) in which she inadvertently highlighted yet more evidence of the collapse of patent quality at the EPO and the serious, potentially fatal, consequences (access to medicines). This one is about generics:

A Turkish generic company filed an invalidation action against a leading US pharmaceutical originator company in Turkey and requested the invalidation of its patent – a Turkish validation of a European patent granted by the EPO. The opposition proceedings were still pending before the EPO at the filing date of the invalidation action in Turkey. The patent owner subsequently requested a delay of the national proceedings, stating that the patent claims could still be amended during the opposition and appeal proceedings before the EPO. Further, if the EPO proceedings were still outstanding, there could be inconsistency between the claims of the European patent and the claims of the Turkish validation. In addition, per Article 138/3, in proceedings relating to the validity of the European patent the patent owner has the right to limit the patent by amending its claims.

[...]

Although there is no clear national provision in Turkey, envisaging the delay of invalidation proceedings until a final decision from the EPO, the new judge felicitously considered the options granted to a patent owner by Article 138/3 of the European Patent Convention and the possible unnecessary litigation costs and time that might arise from several expert examinations. The decision is a good example of the interpretation of indirect effects of the rights conferred to the patent owner by Article 138/3.

Turkey’s standards for patents probably aren’t so high; so it would be noteworthy when courts in Turkey too cite the EPC and reject European Patents. Also mind Moroğlu Arseven’s Gökçe Izgi and Yonca Çelebi with their new post titled “Patents in Turkey” (these include European Patents). Considering Battistelli’s love affair with China, one begins to wonder just how low patent quality has gone. The EPO recently decided to privately admit patent quality had gone awry (after a quarter billion euros were wasted). Speaking of coffins, Stephen Rowan and Nellie Simon said “eDossier Stock Management will stop on Friday 1 March 2019 at 16:00.” That’s tomorrow. eDossier and UPC can share a coffin.

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. Richard Stallman to Speak (in Person) in Poland, Dedicate the Talk to Medical Professionals

    Days after his talk in Ukraine Richard Stallman plans to do the same in Poland (just announced)



  2. Links 24/9/2021: 30 Years of Europe’s First Root Name Server, Repairability of Laptops Discussed

    Links for the day



  3. ZDNet Has Failed

    ZDNet is on the decline and its demise appears to have greatly accelerated in recent months; we take a quick look at this month's coverage and explain the conflict of interest (it's PR, not news, and it's far too shallow/blatant to simply overlook)



  4. [Meme] Some People Are Just Above the Law

    A lot of people are still flabbergasted or at least baffled/miffed to discover that some people are in effect above the law; not even Europol and Interpol can apprehend and hold them accountable; that needs to change. Had Benoît Battistelli worked for France Télécom S.A. (not the EPO), would he be arrested? What about António Campinos and his drunk son?



  5. NPR and PBS, Both Funded by Bill Gates, Try to Save Him

    Bill Gates continues to corrupt the media and corrupt social control media (such as Twitter) using his money



  6. The EPO Must Forsake Its Diplomatic Immunity and Quit Pretending It's About Patent Law (or Any Law)

    There's no sign of the EPO actually trying to obey the law and correct the mistakes of the past; to make matters worse, the existing administration adds yet more corruption to an already-massive pile while dismissing any form of oversight



  7. IRC Proceedings: Thursday, September 23, 2021

    IRC logs for Thursday, September 23, 2021



  8. Links 24/9/2021: Ubuntu 21.10 Beta, Istio 1.11.3, and More Milestones for Steam Deck

    Links for the day



  9. [Meme] President Campinos Addresses the Legacy of Battistelli's “Strike Regulations”

    A sequence of four EPO memes about those infamous and unlawful “strike regulations” that Benoît Battistelli and António Campinos have exploited to abuse thousands of workers



  10. [Meme] Bill Gates Keeps Digging Himself Deeper in the Grave Each Time He Speaks

    These sorts of ‘interviews’ with Gates’ own propaganda mills (he also pays Twitter now) aren’t going to improve his image; people aren’t infinitely gullible (Source)



  11. Linux Foundation and Other 'Diploma Mills' Say There's Demand for Their Products in Their New 'Research' (Marketing)

    The so-called ‘Linux’ Foundation (LF), together with edX, are basically marketing their services and products, but this is disguised as 'research' (a false narrative widely parroted by shallow and paid-for media partners of theirs), piggybacking brands like “Linux” and buzzwords like “Open Source” (even when they promote proprietary things, e.g. memorisation of proprietary GUIs)



  12. [Meme] The EPO's Carte Blanche and 'Diplomatic Immunity' Card

    EPO staff is being taken for another ride by António Campinos and his cohorts, whose popularity among staff has likely gone down to sub-zero levels already (even faster than Benoît Battistelli)



  13. As Expected, Minimal Pseudo Compliance From EPO Management, Adding Insult to Injury

    SUEPO Central, the core of the staff union of EPO staff (almost 7,000 workers at the EPO, most of whom are SUEPO members), has strong words about the EPO's attitude and stance, which is perhaps unsurprising but still extremely disappointing



  14. Links 23/9/2021: PostgreSQL 14 RC 1 and MidnightBSD 2.1

    Links for the day



  15. Links 23/9/2021: More UPC PR Stunts and IBM (Poettering) TPM for Linux

    Links for the day



  16. The EPO is on the Run (Escaping Negative Press Coverage)

    Aside from tens of millions of euros granted to media and academia (to keep them complicit or silent about EPO corruption, which also implicates the EU) there’s also SLAPP and threats against staff representatives; but Members of the European Parliament are becoming interested in what’s really going on in Europe’s second-largest institution, so this utter waste of EPO money (manipulating the press and gaming universities’ research) might in itself become a scandal sooner or later



  17. [Meme] Lowering the Standards...

    It's time for another round of fluff at the EPO, this time without even travelling (PR-over-'ViCo')



  18. Gemini HTTP/HTML/Web Proxies and Self-Hosting Your Own Proxy

    Gemini protocol (gemini://) and the fast-growing Geminispace (expected to exceed 2,000 known capsules by year’s end, in effect quadrupling in a single year!) are possible to access using Web browsers, at least for those who do not have Gemini clients/browsers just yet; today we examine and give an outline of the options



  19. IRC Proceedings: Wednesday, September 22, 2021

    IRC logs for Wednesday, September 22, 2021



  20. Links 23/9/2021: GNU Parallel 20210922, Moroccan Propaganda From EPO

    Links for the day



  21. Links 22/9/2021: Google 'Upstream First' in Linux and New Maui Report

    Links for the day



  22. Links 22/9/2021: Mesa 21.2.2, GNOME 41 Released

    Links for the day



  23. Socially- or Corporate- or Centrally-Controlled Surveillance, Censorship and Throttling is Not Media

    The 'social control media' situation is getting out of hand; in YouTube, for example, there's a broad revolt against strict editorial control by Google and in Twitter it seems like ordinary users aren't shown so much to people who actually "follow" them



  24. Links 22/9/2021: Panfrost's OpenGL ES 3.1 Conformanc and NovProg 3.2.0

    Links for the day



  25. IRC Proceedings: Tuesday, September 21, 2021

    IRC logs for Tuesday, September 21, 2021



  26. Agents of Monopoly: WIPO is Lobbying for or Reinforcing Microsoft Monopoly by Pushing Its Proprietary Software and Formats

    The World Intellectual Property [sic] Organization — like the EPO (where António Campinos outsourced IT systems to Microsoft) — is choosing the most notorious/corrupt ‘tech’ ‘company’ (cult) instead of open standards and, as the links above show, this is nowadays done inside the United States and outside the United States as well, raising legal questions/ire



  27. Links 21/9/2021: Windowsfx 11, New Chrome, and LF PR Noise

    Links for the day



  28. [Meme] The EPO-EUIPO “Good Brother” Network

    Jobs as bribes at the EPO and EU(IPO) are a lingering problem



  29. Links 21/9/2021: Samba 4.15 and Ubuntu 14.04/16.04 Support for 10 Years

    Links for the day



  30. Richard Stallman's First Public Talk (Delivered in Person) in Years, Now With a Free Format

    Full talk now available. The organisers of the conference have uploaded to YouTube, so we’ve converted everything to a free/libre format (and last night only an excerpt was published here).


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