Bonum Certa Men Certa

Lusting for a Unified Patent Court (UPC) That Respects Invalid European Patents, Including Software Patents

EPO delivery



Summary: Judging by the comments in Kluwer Patent Blog (a Team UPC blog), there's still a dangerous old fantasy about patents without justice, a mere rubber-stamping of dubious monopolies with a kangaroo court to acknowledge them

THE ILLUSION that today's European Patent Office (EPO) helps justice through enforcement (by courts or outside them) is really just an illusion. Courts can see that. The EPO is rogue. It wasn't always like that. António Campinos is just a natural extension of Battistelli, chosen by Battistelli himself.

Yesterday morning we wrote about the EPO lobbying to spread European software patents and later in the day the EPO wrote: "One of our initiatives for the future is to harmonise and simplify patent procedures and processes."

What the EPO's management means to say is that it's exporting fake patents like software patents, even to the USPTO where 35 U.S.C. €§ 101 more or less forbids such patents (both offices now use similar buzzwords like "AI" to bypass these restrictions).

The EPO's management also wants a UPC for software patents, in effect bypassing the EPC and national laws that explicitly ban software patents. This has thankfully not worked. As mentioned in our daily links (yesterday) and later SUEPO's as well, Thorsten Bausch (Hoffmann Eitle) has this major new rant about delays in German courts' judgments. He did not speak about the UPC, but comments in Kluwer Patent Blog (a Team UPC blog) are diverting all attention to UPC. There's this first comment: "Why such modest demands? EPO Boards of Appeal manage around 10 decisions per Board member each year."

"No doubt lawyers are loving it (this is enriching them), but what about the rest of us (who aren't working in law firms)?"Followed by: "Also the Constitutional Complaint against the UPC takes ages…"

And then also: "In his list of things that take too long in Germany, the author forgot to mention rulings by the Bundesverfassungsgericht…"

Here's another:

The Federal Constitutional Court’s list of “decisions envisaged for this year” is not without a reason nicked “Lügenliste” by the members of the German Rechtsanwaltskammern (German Regional Attorney’s Bar Association).

And that goes without saying, but the UPC/UPA-complaint before the BVerfG has no impact on legal certainty for cases under dispute, and a reference to that would just divert attention away from the main issue, being that most European states have neglected investments into their legal systems.


And one more about the UPC:

On a more controversial note, how about abandoning bifurcation in favour of a more UK-style system: where infringement and validity are considered together but there is a possibility of obtaining a preliminary injunction ahead of a full trial?

As I read the statistics presented above, bifurcation is systematically denying timely access to justice for those parties who merely wish to “clear the way”. So why not ditch it completely?

And why on earth set up the UPC so that it can also develop a fast track for infringement and a slow lane for validity proceedings? (Though it has to be said that, in my view, that is probably the least of the myriad of problems with the UPC … and so perhaps it is no bad thing if the BVerfG waits until the dust settles on Brexit, so that the facts surrounding the legality of the UPC system are known.)


There may be more comments to come (time remains before it's closed) and the very latest one, from "Universal Hobo", speaks of EPO examiners as follows:

“And given that it is easier to comply with applicant’s wishes than to write a decision of refusal, you can guess what this trend means for the average quality of the search and examination process.”

We should also not forget that since April 2018 (and with retroactive (!) effect as from 01 January 2018), the production points awarded to EPO examiners for refusal decisions has been reduced from previously 2 points to now only 1 point.

The previous counting of 2 points per refusal decision was done in recognition of the fact that a refusal decision requires significantly more work (typically a number of Art. 94(3) EPC communications, then summons, holding of oral proceedings, a lengthy decision on possibly multiple auxiliary requests to be written) than an intention to grant.

Hence, since this difference in workload between a proposal to grant and a refusal decision is no longer recognised, there is now absolutely no reason for a sane EPO examiner to burden herself or himself with the hassle of a refusal.

The reason given by senior EPO management (COO HBC) as to why refusals were now recognised identically to intentions to grant, she said that this was to harmonise award point counting with production counting.

When asked whether harmonisation was the relevant factor to consider, when what was at stake was a difference in workload, a silent smile but no answer was given.

When then asked whether the reduced recognition of refusal decisions meant that less effort was now expected to be put into these decisions (such as by providing less reasoning, or no reasoning at all), she refused to answer the question.

Now there is some surprise at management level that a recent staff survey at the EPO has revealed sub-zero confidence levels of the examiners in their senior management…


The above too mentions "harmonisation"; The matter of fact is, the EPO nowadays grants so many fake European Patents that it would be insane to let these have an effect in countries based on judgments in courts external to them (and courts that use a foreign language -- a major disadvantage for small defendants). Earlier this week Unilin issued a statement to say that EPO "confirmed the validity of European patent No. 2 588 311," but the EPO is not an actual court and even judges lack independence there. To quote:

Wielsbeke, Belgium, May 8, 2019-On May 6, the European Patent Office (EPO) confirmed the validity of European patent No. 2 588 311 (EP 311) owned by Unilin BVBA in opposition proceedings filed by Windmöller GmbH; Windmöller will appeal the EPO decision, believing it has strong non-infringement arguments against this patent.


How much are these disputes costing? No doubt lawyers are loving it (this is enriching them), but what about the rest of us (who aren't working in law firms)?

Recent Techrights' Posts

This New Determination on a Case Echoes the Modus Operandi of Microsoft's Serial Strangler vs Techrights (Its Online Decision/Judgment Says Truth and Public Interest Defend the Publisher)
Noel Anthony Clarke hopefully has enough money left to pay his victims, which include the publishers
 
Richard Stallman (RMS) Was Right About "Sideloading" in 1996
We now have computers that treat booting GNU/Linux like an act of "Sideloading"
Panama: Windows Down From 97% "Market Share" to Less Than 30%
In 2009, Windows was measured at 97.24% (compared to 62.32% right now or less than 30% if one also counts Android)
The UEFI 9/11 - Part I - Introduction to Impending Catastrophe (Microsoft Preventing People From Booting Non-Windows Systems)
eight-part series
Why Techrights is Slow Today (Bot Floods)
We don't know if those bots are connected to LLMs (we have not checked), but that is a possibility
Slopwatch: DDoS Slop, LinuxBSDos.com Spam, and Slopfarms in Google News, Including webpronews.com
Among the news we also found fakes, albeit not so much today
Links 26/08/2025: "Ballooning Debt" in France and "Transnational Repression in the UK"
Links for the day
Gemini Links 26/08/2025: Listening to Alcest and Google Doing Evil (Users Installing Software is "Sideloading" and Prohibited)
Links for the day
Links 26/08/2025: DNS Tampering and TikTok Layoffs
Links for the day
Microsoft's Windows "Market Share" Overestimated
Microsoft's income sources are shrinking
We Shall See...
My wife and I are hardly the first victims of Brett Wilson LLP
Going Offline
There was life before the Net
The Register MS Has Apparently Shut Down Its Office
It is basically a fake address on the face of it
There Are Also Expectations of IBM Layoffs Very Soon With "Narrative Control."
Some of them mention Red Hat and how IBM failed to achieve anything substantial with that acquisition
After at Least Two Rounds of Mass Layoffs in August Microsoft Said to Have "September Layoff Confirmed - Performance Based"
Those "M5 level meetings" sound plausible
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 25, 2025
IRC logs for Monday, August 25, 2025
Slopwatch: Slopfarms All Over Google News and Real News Sites Pushed Out of Visibility
Google News is dying (as a tool of value)
Gemini Links 25/08/2025: Numeric-only VM and Alhena 5.3.0
Links for the day
Links 25/08/2025: ‘Panama Playlists’ and Live Nation/Ticketmaster Suit Aims at Class Action
Links for the day
Gemini Links 25/08/2025: Empathy Towards Autistic People and Old Gadgets
Links for the day
Links 25/08/2025: Datacentres Versus Water Supplies and "The IPv6 Divide"
Links for the day
Links 25/08/2025: Data Breaches, Politics, and Financial Strain
Links for the day
GNU/Linux Distros Ought to Replace Firefox (and Firefox ESR) With Something Like LibreWolf
Perhaps it's come to replace Firefox
Father of Julian Assange Said the US Government Was Trying to Bankrupt WikiLeaks, Now the Assange Family Promotes Fake Currencies
Using the name for bad purposes?
Bailing Out GAFAM, Giving Taxpayers' Money to Failing Companies, and Trying to Outlaw Lawsuits Against Them
What would the late Lincoln have said?
Software Freedom Conservancy (SFC) Inc. Lost 2 Million Dollars Last Year and Its Chief Took a Salary Increase of Almost $6,000
Another year or two like this... and the SFC will be bankrupt [...] Hallmark of mismanagement
The "New Techrights" Turns Two Very Soon
Accomplishing something each year is what's important, not merely "finishing" another year
Gulf Nations Leave Microsoft Behind
How much lower will Microsoft stoop in an effort to raise money from oil-rich lenders?
How to Combat IRC Trolls (in Our Experience)
Today I want to share my experience (or knowledge) of how to deal with IRC trolls
The Register MS Needs to Stop Participating in the "Hey Hi" (AI) Hype, But It Gets Paid to Participate in This Hype
the publisher (The Register MS) wants to have it both ways
Gemini Links 24/08/2025: Living With Your Parents, Zürich Zoo, and Macondo
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 24, 2025
IRC logs for Sunday, August 24, 2025
Gemini Links 24/08/2025: Signal on OpenBSD and Keyboard Layouts Compared
Links for the day
Men Who Abuse Women Should Never Spend Over 3 Years of the UK High Court's Time
This demonstrates that we need a reform in the UK
Links 24/08/2025: Microsoft Settles Data Breach Lawsuits and Climate Change Causes Heatwaves, Water Shortages
Links for the day
CachyOS is Rising Fast, But Slopfarms Are 'Googlebombing' It
CachyOS receives more media attention
No Reason for Red Hat Relief Yet (Layoff Rumours)
the execution could be stalled, delayed, or scheduled for some time after people come back from holiday
GNU/Linux 6%, Windows 60% in Venezuela, Suggests statCounter
The cash cows are dying
Mass Layoffs Continue at Microsoft This Month (Remaining Workers See Conditions That Deteriorate)
So far this month (one week remaining) we saw at least two waves of layoffs at Microsoft
How SPAM E-mails With Windows-Centric Files Get Twisted as Linux Threats, Then Slopfarms Spread the Word
Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
Links 24/08/2025: Heatwaves Threaten Workers, Maldives Versus Press freedom
Links for the day
Gemini Links 24/08/2025: Digital Cameras and Printers
Links for the day
Links 24/08/2025: GAFAM Lie About Pollution and Slop's Carbon Footprint, The Guardian Says Slop ("Hey Hi") is a Bubble That Will Send Stock Markets Into a Freefall
Links for the day
80% of the Sponsored (Fake) Articles in The Register MS Are Promotions of Ponzi Schemes (Unethical Money), the Rest is Banned Chinese Business
Is that an ethical way to make money? No.
The UEFI Restricted Boot 'Time Bomb' is About to Go Off in a Few Weeks
Garrett was the first person to face sanctions (like muting) in our IRC channels because of his abuse; worse yet, he hijacked other people's names and then locked them out of their own accounts
Should Currys PCWorld Start Voiding Warranties of Users of Vista 11?
If a person's laptop has a mechanical issue, should this person replace GNU/Linux with Vista 11 for the repair shop? Only to damage the SSD?
Newer is Not Always Better, and It's Possible That 'Peak' is the Past
People creating their own platforms means progress, whereas centralisation (like moving from blogs to social control media) is the opposite of progress
LLM Hype is Sowing Destruction: It Contributes to DDoS Attacks and Makes the Web Less Accessible (JavaScript "R U Human?" Tests)
If it was googlebot, it would be possible to argue that you'd at least then get referral traffic from Google Search. With LLMs, all you get is plagiarised.
Links 24/08/2025: New York Times Talks About Hey Hi (AI) Bubble
Links for the day
Gemini Links 24/08/2025: Upgrading Debian and Mobile-indifferent Design
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 23, 2025
IRC logs for Saturday, August 23, 2025