EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

11.30.19

The Unified Patent Court (UPC) is Dead and Alexander Ramsay is Only Making a Total Fool of Himself

Posted in Deception, Europe, Patents at 6:27 am by Dr. Roy Schestowitz

Sadly, Ralph Jimmy Schulz has also just died (5 days ago of pancreatic cancer at the age of 51), according to Benjamin Henrion, but he fought a good fight against evil agenda

UPC meme
Zoobab’s (Benjamin Henrion) new UPC meme

Summary: The Unified Patent Court (UPC), or “Unitary Patent” as some like to call that vision (it was known as many other fantasies), is doomed; any attempts to claim otherwise are met with scorn and ridicule — to the point where even Team UPC is mostly keeping quiet these days

THE patent system in Europe languishes. Litigation? Not the same thing. After the European Patent Office (EPO) had granted loads of Invalid Patents (IPs), which were wrongly enshrined as European Patents (EPs) because Campinos and Battistelli break the rules (software patents are illegal in Europe for a number of reasons, not just the EPC*; the same goes for patents on life and nature), litigation that’s frivolous saw a sharp rise. Pertinent figures from Germany have been published in annual studies and we wrote several stories about these. So, in short, patent quality down, litigation up. As expected. And that’s not even counting the number of assertions/shakedowns happening outside courts…

“So, in short, patent quality down, litigation up. As expected. And that’s not even counting the number of assertions/shakedowns happening outside courts…”The courts, which are national, are currently an important obstruction to fake patents. As we keep showing, many EPs are nowadays rejected and invalidated by such courts. Law firms, joined by EPO thugs who shamelessly violate the EPC, tried hard to replace these courts. They lied, they broke laws, they sought to subvert a lot of constitutions in a great hurry/rush (before the public finds out), but thankfully they failed. They failed for a number of different reasons. And the longer these things drag on, the harder it becomes for them (more constitutional challenges arise, along with independent studies that demonstrate how awful, illegal and undesirable the UPC/A really is).

On Thursday the JUVE propagandist in chief (on UPC it's a megaphone of Team UPC) tweeted: “Here’s the exclusive JUVE Patent interview with #UPC Prepatory Committee chair, Alexander Ramsay. Ramsay explains how the constitutional delay has worked to the committee’s advantage, and why the UK should remain part of the European #patent project.”

So they have “exclusive” (yes, EXCLUSIVE) “JUVE Patent interview” with a known liar. Only months ago they admitted to the Financial Times that they had been faking progress to maintain their self-made illusion that UPC had a chance. At the same time they used psychological warfare (like spreading deliberate lies) against German Justices in the FCC — to the point where one of them gave an “exclusive” (totally inappropriate [1, 2, 3]) interview to a Team UPC front group/pressure group. These people play dirty. I responded to JUVE yesterday (Friday), joking about that part that says “the constitutional delay has worked to the committee’s advantage…”

“These people play dirty.”What an utter lie!

“Oh, I see,” I responded. “We got caught violating constitutions across Europe and that… and that, well… “worked to the committee’s advantage”

“Smoking is good for you,” was my analogy, “makes your lungs stronger!”

Thank you for smoking!

This is the sort of laughable argument style we’ve become accustomed to. Watch Team UPC getting burned in the comments (that even Team UPC allows past strict moderation; yes, they censor comments). It’s very revealing everywhere one turns. Team UPC isn’t believed by anyone except Team UPC and we’ve even seen some longtime UPC proponents changing their mind/tune. Even IAM a year ago.

Taking note of something we covered some days ago (US stance on UPC), AstraZenecaKat wrote about such patent fanaticism (extremism?) and how Donald Trump’s government uses the EPC as a vehicle of patent maximalism in the UK. It goes beyond what we covered a day after the leak:

This Kat was probably not alone in being slightly bemused by the recent media reporting on the leaked “451-page dossier” describing US/UK talks on future trade arrangements. The BBC reportsthe dossier as showing that the US is interested in “extending patents” in the UK. How strange. Is the US government proposing some novel form of patent term extension currently unavailable to patentees in the UK? Fear not, IPKat is here to provide some clarity!

It turns out that, contrary to media reporting, the dossier does not mention anything radical with respect to patent term extension. However, there are some interesting insights to be gained from the dossier on the potential battleground for IP rights in future US/UK trade negotiations. Most notable is the US government’s position on grace periods for disclosure before patent filings, which are not permitted under the European Patent Convention (EPC).

[...]

The US delegation was also interested to hear the UK government plans with respect to the UPC. [Merpel: wouldn’t we all?] The US expressed surprise that the UK government had ratified the UPC agreement before the UK’s exit. The US mentioned that US stakeholders were strongly in favour of the UK participating in the UPC. The UK replied that “we intend to stay part of the agreement through the implementation period…Beyond this is subject to negotiation”. This position was described in the subsequently published FEB white paper. The dossier thus does not make us any the wiser with regards to the UK’s intended negotiating position in post-Brexit negotiations with the US. Whether the UK will be able to be a member of the UPC after Brexit was discussed in a recent report from the European Parliament think-tank (IPKat: Can the UK become and stay a member of the UPC?)

[...]

The dossier therefore does provide some tip-bits of interesting information regarding US/UK thinking on IP protection and its relation to drug pricing. Reassuringly, despite the media reporting, there does not appear to be anything radical “on the table” with respect to patent term or data exclusivity. The US position on grace periods is the most concerning of all the issues under discussion. It would be an extraordinary act of self-harm for the UK to withdraw from the EPC, and this would have significant disadvantages not only the UK but also the US and third parties such as China and Japan. However, the dossier highlights throughout many areas that still need clarification. Final negotiating positions between the US and UK will also be highly dependent on the UK’s negotiating position with the EU following Brexit.

As usual, especially with AstraZenecaKat, the better and more informative tidbits are in the comments (those that are allowed anyway; they still censor comments).

“Let’s be honest,” a certain “Anonymous” wrote in the responses. “The reason the US think the UK might be able to introduce a grace period is because they don’t, and will never, understand that the EPC isn’t related to the EU. Further the US is strongly in favour of the UK participating in the UPC which would, of course, be impossible if the UK isn’t part of the EPC. The big issue is the possible extension of UK data exclusivity for biologics from 8+2 to 12. The public would undoubtedly see this as extending “patents” for pharmaceuticals.”

Oh, pharmaceuticals like AstraZeneca. We’ve been rather disturbed but not surprised to see this blog relaying pro-UPC lies.

Another comment said: “We in the UK need to be honest about our future position in the world. We need to belong in some way to a big powerful trading block. The US would be a natural ‘home’ once we leave the EU. Risking that over a grace period disagreement does not seem sensible. The sooner we see that bringing ourselves into alignment with the US brings a lot of benefits, the more clearly we can develop our post-Brexit relationships and alliances. We can be the ‘gateway’ to Europe for the US if we compromise a little on our laws. It will be a delicate balancing act to please both the US and the EU, but surely we have little choice now?”

Well, if anything, the above shows that “brexit” is about selling the UK to Donald Trump and equally dubious corporations (as his). The U.S. Patent and Trademark Office (USPTO) is limited in reach and scope (more so due to 35 U.S.C. § 101), so they want a corrupt EPO, where the quarter of all patents are granted to the US (almost the same as the number of patents granted to Europe!).

As an elderly (and apparently very experienced) attorney, MaxDrei, then put it: “If the UK leaves the EU it will have little or nothing of that ongoing business.”

It’s a good comment and it’s one among several that condemn the UPC. To quote in full:

The comment from “Honesty” is hard to swallow. The EU is indeed a big Bloc, with 600 million consumers and, within it, the UK is one of the “Big 3″ Member States. So, a Big Fish in a Big Pool.

As the 51st State of the USA though, with zero representation in the US Congress, it is not even a Fish, and in a pool only half as big. And what’s all this nonsense about a “bridgehead” into Europe. The EU is already fully cognisant of the threat of a deregulated UK free-riding the European market. Use of force to effect a landing on the European Mainland is not an option except in times of war.

As we are now, given our language and professional skills, we in the UK should be filing at the EPO the Lion’s Share of everything sent to the EPO by both Asia and The Americas. If the UK leaves the EU it will have little or nothing of that ongoing business.

Is there no limit to the skill with which Westminster politicians squander in a few decades the huge reserves of soft power built up by the UK over centuries?

Well said. UPC is, as we’ve been saying for years, part of a trend, part of which is neo-liberal policies that are ruinous to all except very few, usually foreign few (foreign to the country where these policies are implemented). As we put it earlier this month, "Europe is Under Attack" (except the Bretons, Battistellis and Lagardes of Europe). Their ‘handlers’ know what they want and how to get it. We still have one final part to publish in the Thierry Breton series; then we’ll prepare the epilogue.
________
* It’s saddening to learn that Jimmy Schulz, who fought software patents in the political arena, has perished. “RIP Jimmy Schulz,” Henrion wrote last night, “one of the initiators of the motion, warned that trivial patents or patents harm small and medium-sized software developers https://www.ip-watch.org/2013/04/22/german-parliament-sends-message-stop-granting-software-patents/ [] RIP Jimmy Schulz, German MP software developer and opposed software patents…”

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. IRC Proceedings: Friday, March 27, 2020

    IRC logs for Friday, March 27, 2020



  2. The Fall of the UPC - Part VIII: Team UPC Celebrates Death, Not Life

    Team UPC plays psychological games now; it is trying to twist or spin its defeat as good news and something to be almost celebrated; it is really as illogical (and pathetic) as that sounds



  3. Links 27/3/2020: GNU/Linux Versus COVID-19 and Release of GNU Guile 3.0.2

    Links for the day



  4. When Your 'Business' is Just 'Patent Portfolio'

    Hoarding loads of patents may seem impressive, but eating them to survive is impossible if not impermissible



  5. LOT Network is a One-Man (Millionaire's) Operation and Why This Should Alarm You

    The ugly story of Open Invention Network (OIN) and LOT; today we take a closer look at LOT and highlight a pattern of 'cross-pollination' (people in both OIN and LOT, even at the same time)



  6. Faking Production With Fake Patents on Software

    The EPO with its illegal guidelines (in violation of the EPC) can carry on churning out millions of fake patents that European courts would only waste time on and small companies be blackmailed with (they cannot afford legal battles)



  7. With the Unified Patent Court (UPC) Out of the Way Focus Will Return to EPO Corruption

    Expect the European Patent Office (EPO) to receive more negative attention now that the ’cause’ of UPC is lost and there’s no point pretending things are rosy



  8. IRC Proceedings: Thursday, March 26, 2020

    IRC logs for Thursday, March 26, 2020



  9. Links 27/3/2020: qBittorrent 4.2.2, Krita 4.2.9, pfSense 2.4, Bodhi Linux 5

    Links for the day



  10. IRC Proceedings: Wednesday, March 25, 2020

    IRC logs for Wednesday, March 25, 2020



  11. Still Work in Progress: Getting Those 2,851 Pages of Police Report About Arrest for Pedophilia in Home of Bill Gates

    It’s extremely difficult to get those police records, which were requested exactly one day before the media started attacking Richard Stallman (associating him with pedophiles based on a deliberate distortion)



  12. Links 26/3/2020: Plasma Bigscreen, New Kubernetes, Fedora's New Identity and Bodhi Linux 5.1.0

    Links for the day



  13. Guest Article: Window Managers, Github and Software Disobedience

    "Walking away from monopolies is the essence of freedom"



  14. Links 25/3/2020: LLVM 10.0.0 and UCS 4.4-4 Released, WordPress 5.4 RC4

    Links for the day



  15. 'Team UPC' Last Week

    The looks on Team UPC's faces 5 days ago (before and after the 9:30AM announcement)



  16. The Fall of the UPC - Part VII: Lies and Revisionism About the Reasons for the UPC's Ultimate Demise (to Leave the Door Open for More Failed Attempts)

    The media was lying in a hurry, in a coordinated effort to distort the meaning of the FCC's decision or belittle the impact of this decision; Techrights will carefully watch and respond to these lies



  17. IRC Proceedings: Tuesday, March 24, 2020

    IRC logs for Tuesday, March 24, 2020



  18. Linux Foundation Became Anti-Linux, Run by Microsoft People to Serve Microsoft's Agenda

    Microsoft is taking over the bodies of healthy projects, infecting the hosts in order for them to become slaves of the proprietary parasite; there's still no (known) cure, but we're familiar with the symptoms



  19. Microsoft Continues to Attack and Steal From the Open Source/Free Software Communities

    Microsoft cannot be trusted and there's no "new Microsoft," as another fairly new story serves to show



  20. Targeted Attack Leveraging FSF Servers

    Targeted by a determined and persist perpetrator, I've received over 20,000 E-mails. And the weapon of choice was the FSF's infrastructure, remotely misused against yours truly.



  21. If We Weren't Silencing Founders, Critics and People We Just Don't Like

    "In the long run, history is rarely very kind to tyrants, especially the ones who did little more than lie to people and demand things that served no real purpose."



  22. The Fall of the UPC - Part VI: Drowning in Material

    We're starting to see few good reports on the subject of UPC being rejected by the constitutional court of Germany; we also have a rapidly-growing 'buffer' of rather blatant examples of disinformation (which we'll tackle as best we can)



  23. FFII: EU Software Patent Court Stopped by Constitutional Court, Patent Industry Will Try Again

    The third attempt to validate software patents in Europe via a central patent court (UPC) has been stopped by the German Constitutional Court. The Unified Patent Court (UPC) would have given the keys of the kingdoms to the patent industry, and the last word over software patentability. FFII predict that the patent industry will continue to push for an UPC v2.0.



  24. Links 24/3/2020: Alpine 3.11.5, MythTV 31.0 and Tails 4.4.1

    Links for the day



  25. IRC Proceedings: Monday, March 23, 2020

    IRC logs for Monday, March 23, 2020



  26. Links 23/3/2020: Linux 5.6 RC7, Audacious 4.0, and Git 2.26 Released

    Links for the day



  27. The Fall of the UPC - Part V: Pretending That Opponents of the Unitary Patent Simply Don't Exist

    It's difficult if not totally impossible to find articles from impartial journalists -- let alone from actual scientists -- about the failure of the Unitary Patent and UPC Agreement (UPCA)



  28. The Fall of the UPC - Part IV: IP Kat Became Just a Team UPC Megaphone

    Willem Hoyng (Drafting Committee of the UPC's Rules of Procedure) is 'writing' IP Kat right now; has the blog turned into the very thing it fought to expose?



  29. The Fall of the UPC - Part III: Pure Comedy From Watchtroll and Its UPC Lobbyists From Managing IP

    Two megaphones of European Patent Office (EPO) management and boosters of Team Battistelli, namely Managing IP and Watchtroll, want us to think that UPC is merely “delayed” and that acts of overt corruption can be described as “passed unanimously by the Second Chamber of the Bundestag”



  30. The Fall of the UPC - Part II: Team UPC Will Pay Dearly -- for Years If Not a Decade to Come -- for Having Repeatedly Lied About Unitary Patent/Unified Patent Court (UPC)

    Proponents of patent trolls such as Intellectual Ventures (which has just lost another case in the US) will no doubt carry on lying to us all; but they do so at their own expense (or peril); we’re meanwhile coordinating observation and response to the lying


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