11.17.19

Gemini version available ♊︎

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

Posted in Deception, Europe, Patents at 12:40 am by Dr. Roy Schestowitz

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.

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, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  2. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  3. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  4. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  5. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  6. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  7. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  8. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  9. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  10. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  11. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  12. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli



  13. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group

    The EPO‘s unlawful “Strike Regulations” (which helped Benoît Battistelli and António Campinos illegally crush or repress EPO staff) were supported by only one among 4 Visegrád delegates



  14. [Meme] IBM Has Paid ZDNet to Troll the Community

    Over the past few weeks ZDNet has constantly published courses with the word "master" in their headlines (we caught several examples; a few are shown above); years ago this was common, also in relation to IBM itself; clearly IBM thinks that the word is racially sensitive and offensive only when it's not IBM using the word and nowadays IBM pays ZDNet — sometimes proxying through the Linux Foundation — to relay this self-contradictory message whose objective is to shame programmers, Free software communities etc. (through guilt they can leverage more power and resort to projection tactics, sometimes outright slander which distracts)



  15. [Meme] ILO Designed to Fail: EPO Presidents Cannot be Held Accountable If ILOAT Takes Almost a Decade to Issue a Simple Ruling

    The recent ILOAT ruling (a trivial no-brainer) inadvertently reminds one of the severe weaknesses of ILOAT; what good is a system of accountability that issues rulings on decisions that are barely relevant anymore (or too late to correct)?



  16. Links 22/10/2021: Trump's AGPL Violations and Chrome 95 Released

    Links for the day



  17. [Meme] How Corporate Monopolies Demonise Critics of Their Technically and Legally Problematic 'Products'

    When the technical substance of some criticism stands (defensible based upon evidence), and is increasingly difficult to refute based on facts, make up some fictional issue — a straw man argument — and then respond to that phony issue based on no facts at all



  18. Links 22/10/2021: Global Encryption Day

    Links for the day



  19. [Meme] Speaking the Same Language

    Language inside the EPO is misleading. Francophones Benoît Battistelli and António Campinos casually misuse the word “social”.



  20. António Campinos Thinks Salary Reductions Months Before He Leaves is “Exceptional Social Gesture”

    Just as Benoît Battistelli had a profound misunderstanding of the concept of “social democracy” his mate seems to completely misunderstand what a “social gesture” is (should have asked his father)



  21. IRC Proceedings: Thursday, October 21, 2021

    IRC logs for Thursday, October 21, 2021



  22. Links 21/10/2021: MX Linux 21 and Git Contributors’ Summit in a Nutshell

    Links for the day



  23. [Meme] [Teaser] Miguel de Icaza on CEO of Microsoft GitHub

    Our ongoing series, which is very long, will shed much-needed light on GitHub and its goals (the dark side is a lot darker than people care to realise)



  24. Gemini Protocol and Gemini Space Are Not a Niche; for Techrights, Gemini Means Half a Million Page Requests a Month

    Techrights on gemini:// has become very big and we’ll soon regenerate all the pages (about 37,500 of them) to improve clarity, consistency, and general integrity



  25. 'Satellite States' of EPO Autocrats

    Today we look more closely at how Baltic states were rendered 'voting fodder' by large European states, looking to rubber-stamp new and oppressive measures which disempower the masses



  26. [Meme] Don't Mention 'Brexit' to Team UPC

    It seems perfectly clear that UPC cannot start, contrary to what the EPO‘s António Campinos told the Council last week (lying, as usual) and what the EPO insinuates in Twitter; in fact, a legal challenge to this should be almost trivial



  27. The EPO’s Overseer/Overseen Collusion — Part IXX: The Baltic States

    How unlawful EPO rules were unsurprisingly supported by Benoît Battistelli‘s friends in Baltic states; António Campinos maintained those same unlawful rules and Baltic connections, in effect liaising with offices known for their corruption (convicted officials, too; they did not have diplomatic immunity, unlike Battistelli and Campinos)



  28. Links 21/10/2021: GIMP 2.99.8 Released, Hardware Shortages, Mozilla Crisis

    Links for the day



  29. How Oppressive Governments and Web Monopolists Might Try to Discourage Adoption of Internet Protocols Like Gemini

    Popular movements and even some courageous publications have long been subverted by demonisation tactics, splits along unrelated grounds (such as controversial politics) and — failing that — technical sabotage and censorship; one must familiarise oneself with commonly-recurring themes of social control by altercation



  30. [Meme] Strike Triangulations, Reception Issues

    Financial strangulations for Benoît Battistelli‘s unlawful “Strike Regulations”? The EPO will come to regret 2013…


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