Bonum Certa Men Certa

Unitary Patent is Dead Partly Because the EPO Demonstrated That EPC is Being Routinely Violated, Illegal Patents Granted

The 'brexit' factor is just one among several key barriers, including grotesque EPC violations

One Does Not Simply give control over the courts... To people who demonstrated utter disregard for the Rule of Law



Summary: Some elements of Team UPC have given up, whereas others try to push the lie that Unitary Patent/Unified Patent Court (UPC) is not an EU thing and that therefore everything is fine

THE words "unified" and "unitary" are rarely uttered by António Campinos, current President of the European Patent Office (EPO), because the EPO understands that the UPC is most likely dead. Battistelli spent 8 years promoting this monster along with Barnier and others. Yes, even in the age of Alice/35 U.S.C. €§ 101 (circa 2014) these patent maximalists were still ruthlessly pushing this unconstitutional piece of legislation. Rumours say that Battistelli is still interested in becoming the UPC's chief -- a position which has been reserved for France. In a separate article we'll deal with Macron and Breton (another article will deal with software patents in Europe). Exploring EPO corruption will inevitably lead to seeing closely-connected or remotely related misconduct in the EC/EU, WIPO/ILO/UN and sometimes even courts. This is so disappointing. Many of us thought that we in Europe did so much better than China, but Rule of Law is a mirage (to use a French word).



We were very disappointed to see the EC/EU playing along with Team UPC this month, emboldening the likes of EPLAW, eager to perpetuate lies about EU membership, Brexit and UPC. We've lost count of the number of such blog posts from Team UPC -- an informal term we used to collectively refer to the people who crafted and now lobby for the UPC (for personal, corporate gain). Some Team UPC 'tool' from Bristows wrote to me to say that he had retired and that therefore I should not mention him anymore. Sorry, Alan Johnson, but I think you just don't know/understand how these retirement and free speech things work...

"Many of us thought that we in Europe did so much better than China, but Rule of Law is a mirage (to use a French word)."2 days ago a British site published this article entitled "The implication of a ‘no deal’ Brexit on your company’s IP protection and policies" and it said that "it is highly likely that Brexit will impact on the implementation of the proposed (EU) unitary patent and the Unified Patent Court in London."

It does not exist, so there's a supposition there which is highly misleading, part of the two famous lies from Team UPC. The editor of JUVE has also tweeted: "This summer, rumours abound that the #UKIPO London office was relocating to Aldgate Tower - the proposed headquarters of the UPC's UK division. The UKIPO is indeed relocating, but to Victoria Street near Westminster. Is the UK still in with a chance of #UPC participation?"

"You cannot participate in something that does not exist," I responded to him, "so this question is intentionally loaded and unprofessional IMHO..."

"Team UPC has become almost synonymous with lies and mischief. These people lack morals."UPC hopefuls have had a tough year (or two). A year ago Johnson and his colleagues at Bristows (well, former colleagues as he has just thrown in the towel) spread false rumours about FCC preparing to decide to case by Christmas. Media reposted these lies of theirs. Where are we 12 months later? Team UPC has become almost synonymous with lies and mischief. These people lack morals.

The demise of the UPC is good news to those of us who oppose software patents, i.e. virtually all software professionals. It might also help undermine the lobby for patents on life. Pressure is put by corrupt EPO management to allow patents on life and nature (seeds, plants, animals etc.) in violation of the law. AWA (litigation firm) has just written about this (it was also promoted in sites like Lexology, quite likely for a fee) to say: "Oral proceedings in the opposition against UC Berkeley’s (UC’s) main European patent EP2800811 are scheduled for all of three (!) days in February of 2020 at the European Patent Office (EPO). The opposition division’s (OD’s) preliminary and non-binding opinion, provided on the 30th of August 2019 in preparation for the hearing, is favorable to the patentee. In its opinion, the OD sides with UC Berkeley and dismisses the main arguments of the seven opponents. Arguments relating to minor issues of added subject matter have been accepted by the OD, however UC is likely to be able to overcome these. Thus, there is a chance that UC Berkeley will keep their strong hold on rights to general platform Crispr technology in Europe.

"Notice the lack of mention of the illegal composition/status (in violation of the EPC) of the tribunals which decide on this.""UC Berkeley’s patent claims priority from four provisional US applications. The question of whether the priority from the first provisional application P1 is valid or not lies at heart of the case.

"According to European practice, G2/98, the requirements of claiming priority of “the same invention” in the meaning of Art 87(1) EPC mean that priority can only be acknowledged if the skilled person can derive the subject matter directly and unambiquously, using common general knowledge (CGK), from the previous application as a whole. In addition, the priority document must provide an enabling disclosure, in other words, all essential elements needed to carry out the invention must be disclosed in the priority document."

Notice the lack of mention of the illegal composition/status (in violation of the EPC) of the tribunals which decide on this. There's a profound corruption of justice at the EPO; this is in fact why UPC has been derailed (one among several factors).

"Thankfully it has been made a lot harder to patent nature in the US. As for Europe? Time will tell, but as long as the EPO does not allow independence for judges, the law itself will be violated, along with constitutions."Recalling the case of Myriad Genetics (related to Mayo at SCOTUS), Kevin E. Noonan, another booster of patents on life, has just said: "As understood at the time patents on these genes were granted, certain mutations occurring in human populations were correlated with a higher risk of breast and ovarian cancer. Recently, a group of researchers found this gene seems to be involved with risk of non-Hodgkins lymphoma in children and adolescents. [...] One reality illustrated by this paper is that the claims that Myriad's BRCA2 gene test would inhibit research and development of medical science were flatly false. This blog has discussed how the "gene" claims themselves would not be infringed by interrogating genomic DNA (see "The ACLU, Working for the Man"), and the detection method claims in the Myriad patents were limited to detecting BRCA2 gene mutations predictive of ovarian and breast cancer."

The case generated a lot of press coverage at the time (more journalism also existed at the time; nowadays many articles are composed directly by lawyers). Thankfully it has been made a lot harder to patent nature in the US. As for Europe? Time will tell, but as long as the EPO does not allow independence for judges, the law itself will be violated, along with constitutions.

Recent Techrights' Posts

Traf-O-Data, the Company That Jeffrey Epstein's BFF (Bill Gates) (Co)Founded 53 Years and Went Out of Business Due to Heavy Losses
Who will die first, Bill or Microsoft?
A Note on SimilarWeb
Or why SimilarWeb is meaningless for more than 99% of the sites on the Web
IBM Said to be Shutting Down Offices or Sites in the United States
the press can no longer avoid admitting that IBM moves many jobs to India
LLM Slop as Attack Vector on the Reputation of Linux
The attacks on Linux have escalated to information warfare
 
Links 04/04/2025: LLM Slop Bubble Bursting and Korea Music Copyright Association Bans Slop 'Music'
Links for the day
Why Microsoft's Shares Sank Almost 20% in Recent Months (the Bubble is Imploding)
verified press reports from the past 24 hours
GNU/Linux Rises to Almost 5% in Algeria While Windows Sinks to All-Time Low
GNU/Linux grew tenfold
Where to Get More Gags
A valued reader recommended that to us
Links 04/04/2025: Tech Stock (Inc. GAFAM) Fall, Google Pretends to Do End-to-End Encrypted Emails (With Google in Control)
Links for the day
To Participate in Fedora Diversity You Must Use Proprietary Software
Not for the first time either
Yandex About to Be Three Times Bigger Than Microsoft (Bing) in Asia
That's about 60% of the world's population
Gemini Links 04/04/2025: Decoupling Updates, Elaho as Gemini Client
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 03, 2025
IRC logs for Thursday, April 03, 2025
Microsoft's Trouble in Africa and Asia
A new all-time high for GNU/Linux
Brett Wilson LLP Reported to the Solicitors Regulation Authority (SRA)
The saddest thing in all this is that law firms can maintain high standards shall they wish to
Links 03/04/2025: Tariff Pains and C.D.C. Cuts
Links for the day
StatCounter: Microsoft is Masking a Disaster, It's Way Behind DeepSeek Already and Interest in LLMs Has Waned
it turns out the money "raised" for "Open" "AI" may not even exist at all
Links 03/04/2025: SoftBank Money for Microsoft "Open" "AI" Probably Doesn't Even Exist, Wikimedia Foundation Blasts LLM Nuisance While Microsoft Admits Demand Has Shrunk
Links for the day
Gemini Links 03/04/2025: Patch Panel and Pictures
Links for the day
Islamic Republic of Iran: GNU/Linux at All-time High This Month, Windows Falls to 12%
Vista 10 is up this month despite being "end of life" (EoL) soon
Indonesia: All-Time Highs for GNU/Linux
What's noteworthy right now is the growth of GNU/Linux
statCounter Says GNU/Linux Usage is Up Again (Internationally)
some preliminary April data
Only on April 1st Can the Free Software Foundation Associate With Microsoft's Open Source Initiative (OSI)
We saw some pranks that day linking the FSF to Microsoft (e.g. "endorsing" Windows)
Confirmed in the Mainstream Media: A Lot of Microsoft "Workloads" Were Just LLM Slop (Helping to Fake Growth for Years, as Microsoft Had Paid "Open" "AI" to Become a "Client") and Demand is Rapidly Waning, Datacentres Canceled and/or Shut Down
Anything to facilitate further accounting fraud
Taiwan's Media Covers Closure of Microsoft's "AI" Lab, It's Time to Talk About the Gradual Death of Windows and Implosion of the "AI" Bubble
Earlier this week we showed that mostly Asian media had the 'nerve' to mention Microsoft silently shutting down its 'AI' lab
IBM Gets Rid of Kelly Chambliss as Mass Layoffs Reported in IBM Consulting, IBM Loses Key Contracts/Graft
IBM Consulting has been in disarray lately
More Gains for GNU/Linux, Based on Web Surveys
the Steam site shows rapid growth for "Linux" this month
Slopwatch: Anti-Linux Articles, Not Even Written by Humans
Why aren't Web sites more vocal about this problem?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 02, 2025
IRC logs for Wednesday, April 02, 2025
Links 03/04/2025: Apple Fined Over Secret Surveillance, "Elegant Writer For A More Civilized Age"
Links for the day
Gemini Links 02/04/2025: Books and Cold Tea
Links for the day
Links 02/04/2025: More Layoffs, Nokia Again Takes Advantage of Illegal and Unconstitutional Patent Court With Nokia Staff as 'Judges'
Links for the day
Links 02/04/2025: Seizures and Returns to Windows of 24 Years Ago
Links for the day
LLM Slop Helps Obscure and Distort News About Layoffs (IBM, GAFAM)
It's hard to find accurate information
Links 02/04/2025: Microsoft Developers Are Threatening to Go on Strike, World Backup Day Noted
Links for the day
Gemini Protocol Has Growing Appeal (the Web Got Too Bloated and Full of LLM Slop)
For any "data plan" with bandwidth limits or "tiers" it would be cheaper to use/browse Geminispace
The Web Can Survive LLM Slop, But Only If We Collectively Shun and Discourage Serial Sloppers
Doing nothing ought not be a possibility
Amid Secret Shut-downs and Mass Layoffs at Microsoft (4 Waves of Layoffs in 3 Months of 2025) Some Microsoft Staff Expected to Go On Strike
workers going on strike
Gemini Links 02/04/2025: No more on Mastodon and Gemini Mention Script in Go
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 01, 2025
IRC logs for Tuesday, April 01, 2025
My Motion Disbarring or “Striking Off” Brett Wilson LLP for Enabling Violent Americans Who Try to Crush Microsoft Critics in the United Kingdom by Multiple SLAPPs
"Guns for hire" (for Microsoft people who received Microsoft salaries)
The U.S. Patent and Trademark Office Hijacked Again by Patent Litigation Industry, as President Cheeto Prioritises Aggressors
The "mafia" has taken over the "industry" and the Federal system (justice and constitutions trampled upon)
Ubuntu Slop and FUD Manufactured With LLMs and Funded (by Oneself) 'Studies'
Slop and FUD are ruining the Web