Bonum Certa Men Certa

EPO and UPC Can Become the Next 'Dieselgate'

Forum Selling Abroad
Forum Selling Abroad [PDF]



Summary: Mischievous policies in Germany and cover-up of abuses won't bode well for the nation; we're already seeing some of the pushback, but can António Campinos keep the gory details under the wraps for much longer?

THE U.S. Patent and Trademark Office (USPTO) must wrestle with -- or blatantly disregard -- 35 U.S.C. €§ 101 in order to grant a software patent and even then, even if such a patent gets granted, it is likely that courts will throw it out. In this morning's Daily Links we included a number of new examples. There are court cases all the time and they always end up the same way. SCOTUS has in fact just rejected more attempts to revisit Alice, so patent litigators must be depressed.



"We've long argued that this underlines the urgency of passing UPCA and kicking off UPC. They hope to have crooked courts whose attitude towards these IPs/EPs would be very lenient."When it comes to software patents in Europe, they're also unlikely to withstand a court's scrutiny and we'll elaborate on that in a later post (later this morning). We sometimes refer to these as Invalid Patents (IPs) instead of European Patents (EPs). The European Patent Office (EPO) does not seem to care about patent validity anymore, based on its own actions.

We've long argued that this underlines the urgency of passing UPCA and kicking off UPC. They hope to have crooked courts whose attitude towards these IPs/EPs would be very lenient. They have control over judges' appointments and reappointments. Rumours say they want to put Battistelli at the top of it (instantaneously rendering it crooked).

"These people are looking to make themselves relevant with more litigation cashflow, that's all..."With only days until the Brexit deadline (I'm not in favour by the way) it should become apparent that the UPC isn't happening. So Team UPC has already shifted the debate to whether or not something similar to the UPC can be explored which excludes the UK (that would require redoing the whole ratification process, having already done a lot of rewriting, which can take years). Over at IAM, Battistelli's UPC propaganda mill (they're paid for this propaganda by Battistelli's PR agency), we learn that "Sir Robin Jacob says Unified Patent Court is still alive; other European countries still want UK to be part of it. He is going to the Hague on thursday to discuss #PharmaBioIP" (this is an IAM event and not a direct quote).

So they try to attract attendants based on what they want to hear. Benjamin Henrion meanwhile pointed out that "Software patent boosters at IAM conference on Biotech in London "He has significant expertise in artificial intelligence and deep learning based technologies, and is the lead for the firm’s AI practice group" https://www.vennershipley.co.uk/resources/events/pharma-biotech-ip-iam-event …"

Lying to himself and to others. These people are looking to make themselves relevant with more litigation cashflow, that's all...

It's not about constitutionality or science or public interest. It's pure greed. Their own.

"The typical proponent of software patents almost always misses the point that having more and more patents has nothing to do with innovation, only the number of restrictions (monopolies)."Henrion has also noted: "There might be UPC soon to the scalp list: "Et cela m’a par exemple permis de participer activement à la mise en échec d’une directive européenne sur les brevets logiciels ou à la censure constitutionnelle de la première loi Hadopi." https://pascontent.sedrati-dinet.net/index.php/post/2020/01/24/Un-systeme-de-retraite-cybernetique …" (it's all in French)

And right now in FOSDEM he distributes shirts that protest UPC, in particular its envisioned effect on software patents ("Looking for 30 people to wear a tshirt against Unitary Software Patents at FOSDEM. 20y ago, Stallman on software patents https://ajt.iki.fi/travel/osdem/ : "A big program always operates in the scope of several dozen patents, and it is impossible to keep track of them all").

The typical proponent of software patents almost always misses the point that having more and more patents has nothing to do with innovation, only the number of restrictions (monopolies). In the case of programming, it is exceptionally harmful.

It is meanwhile being pointed out that, as per this tweet and this paper [PDF], Germany is striving to be Europe's Eastern District of Texas, all at the EU's expense. This can only harm the image of the EU and of Germany (if people find out, as they did about Dieselgate or Emissionsgate). "Are German District Courts (Landgerichte) attracting #patent litigation by refusing to stay infringement proceedings pending invalidity challenges? So argues provocative article by Bechtold, Frankenreiter & Klerman, "Forum Selling Abroad", https://southerncalifornialawreview.com/wp-content/uploads/2019/07/92_3_Klerman_487.pdf …"

"They won't prosecute anyone if or as long as this is profitable and the public still tolerates it; it's like another Dieselgate in the making.""It's a racket," I responded. "And to break this racket one must first understand EPO corruption in Munich and [the UPC's] assault on the Constitution."

Henrion quoted: "With the UPC agreement in Europe, Düsseldorf is reaching for the crown among the patent court venues in the world. The patent chambers of the regional court and the court of appeals of Düsseldorf have more patent cases than all other courts in Europe [...] Germany's pro-patent litigation agenda has even drawn unprecedented public criticism from Switzerland's Federal Patent Court on Twitter, raising the question of whether German regional courts are engaging in "forum-selling"..."

"The EPO likes to boast/brag about Switzerland being most innovative, based on number of patents per capita, but what proportion of these applicants possess Swiss nationality (unlike the company)?"So the German government in Berlin looks the other way while EPO management commits crimes in Munich and it ultimately harms the general image of Germany. They won't prosecute anyone if or as long as this is profitable and the public still tolerates it; it's like another Dieselgate in the making.

One attorney who is habitually critical of the UPC wrote: "The map shows the residence of the #patent applicants versus the residence of the inventors and, basically, tells us what we already knew: Switzerland attracts companies (tax heaven) which, in turn, employ educated foreigners, expecially in Pharma (see Basel), who are commuters..."

The EPO likes to boast/brag about Switzerland being most innovative, based on number of patents per capita, but what proportion of these applicants possess Swiss nationality (unlike the company)? These tough questions may help reveal that things aren't the same as what superficially meets the eye.

Recent Techrights' Posts

GNU/Linux Rises to 6% in Mexico
Did the soccer (football) matches have some impact or just the "unknowns" being deciphered (or omitted) by statCounter?
The Slop Presumption Rule
Tainting oneself can take one day
August 2026 Microsoft Layoffs Are "Secret Layoffs" or "Silent Layoffs"
It's all about secrecy, isn't it?
 
GNU/Linux in Bulgaria Back Up
part of a trend in Europe
Cuba Sees Leap in GNU/Linux Usage, as Reported by statCounter
For the ordinary Cuban it makes sense to reduce a dependence on GAFAM
Gemini Links 02/08/2026: Drift, Crawlers in Gopher Space, Purpose, and Python
Links for the day
Links 02/08/2026: Some Large Slop Investors "Crumbling", Russia Intensifies Bombing of Kiev
Links for the day
IBMers Discuss Who Killed IBM (It Impacts Red Hat)
Fedora is fast becoming like another CentOS
GNU/Linux Leaps to 8% in Asia
In Asia, is it a bit higher because of GAFAM distrust? Maybe some other factor/s?
Clownflare Web Usage Survey: About 10% in North America Use GNU/Linux, Worldwide 6.7%
surveyors that showed GNU/Linux growth
SLAPP Censorship - Part 137 Out of 200: Discovering That Spending a Million British Pounds (1,348,250.01 United States Dollars) on Lawyers Cannot Take Down One's Critics
just outright bullying and criminality
Steam Survey, analytics.usa.gov, and statCounter All Point to GNU/Linux Gains (Again)
This must be very annoying to Microsoft
GNU/Linux Exceeds 6% in Spain
In recent years the "market share" steadily grew from 3% to over 6%
Brazil: GNU/Linux Record High, 5%
On average, GNU/Linux has evidence of growth in many countries this summer
Amid 2026 Bing Layoffs Microsoft Share in Search Collapses
How much longer before Microsoft throws in the towel or rebrands again?
United Kingdom: GNU/Linux up to 7%, ChromeOS Another 5% (Total 12%)
further significant gains for GNU/Linux this month
Links 02/08/2026: Cheeto "Blurted Out Vile Plot to Censor ABC"; New York Times Fights 'Intimidation'
Links for the day
Why Techrights Will Still be Active a Decade From Now
Techrights will carry on for many years to come
We Are Witnessing the End of IBM
IBM cannot find growth by moving downwards, by lowering standards
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 01, 2026
IRC logs for Saturday, August 01, 2026
Gemini Links 02/08/2026: Older Books, Esperanto Music History, and Slop Making Things Worse
Links for the day
Sharing and Empathy
Be more like Stallman, not Linus
Fedora 'Community' Became 100% IBM Staff, Drawing Up Policies Like CoC and CoI (Where the IBM is Excepted From Conflict of Interest Policies)
IBM has in effect killed Fedora
Gemini Links 01/08/2026: Planner Season is Upon Us, Slop "Apocalypse", and USENET
Links for the day
Cuts at IBM, Allegedly More Shutdowns to Come, CEO Visits Complicit Media to Promote Lies and Products That Will Never Exist (Misleading Shareholders)
IBM is collapsing
Links 01/08/2026: GAFAM Falling Deep Into Trillion in (Secret) Debt to Keep the Slop Bubble From Popping Already, Anger Over "FIFA’s World Cup Privatisation Plan"
Links for the day
Newer Not Better: Treadmill Updates Cause Problems
after 2 years the un-updated machines still fine
The Cyber Show on the Slop Bubble
new article about the implosion of the slop bubble
Links 01/08/2026: New York Times Trying to Inflate the Slop Pyramid Scheme (at Cost to Its Own Reputation) and "Iran Appears to Be Blasting Amazon Data Centers Off the Map"
Links for the day
Positive Political Momentum
Daniel Pocock is taken seriously by many people who contact us privately
Google "AI" is Plagiarism, the Case of Richard Stallman (RMS)
Why would anyone choose LLM slop over the originals, curated and fact-checked by domain experts?
SLAPP Censorship - Part 136 Out of 200: Lawyers That Get Paid to Mess About
They were already outnumbered and understaffed
Explaining That Software Patents Are Neither Legal Nor Desirable
Many of our readers work in the legal sector
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 31, 2026
IRC logs for Friday, July 31, 2026
Gemini Links 01/08/2026: Retirement, Bike Trips, Quake Stuff, Usenet Reborn
Links for the day
Links 31/07/2026: Microsoft Now Says Slop is Bad (LinkedIn Cracks Down on It), LinkedIn Narrows Down Size (No Expansion)
Links for the day
European Patent Office (EPO) Series: From Alicante to Munich: Another Smooth Ride
Campinos is intent on transforming what was originally envisaged as a temporary public office into his own permanent personal feather-bed
Daniel Pocock and the Important Observation About Threats of Cult-Like Behaviours (No Rationality, No Reason, Just "Mob Rule")
It's a threat to Europe's sovereignty
The "PIP Parade" of IBM's Lousy Management, Which Said "Blockchain" Was the Future
In a healthy company such a CEO would be punished for utterly wrong visions and predictions. Not at IBM...
SLAPP Censorship - Part 135 Out of 200: Limited Liability Partnership (LLP) That Does Not Disclose Financial Activities Before August
It certainly looks like they keep losing the remaining women that still exist in the firm
Links 31/07/2026: "Climate Cover-Up Continues" and Pesticides "Cook the Planet"
Links for the day
Datacentre 'Boom' Sceptics Aren't Luddites, They Recognise a Threat to Human Survival (Not Limited to Climate Change)
Archaeologists very well know that no species will survive forever
Microsoft's Claims Are Based on a Big Lie
the bubble is coming to its hard limits
Don't Lose Sight of the Impact of "End of 10" (Vista 10)
GNU/Linux has taken off fast
Microsoft's Debt Continues to Steadily Increase, Not Counting Hundreds of Billions in Secret/Hidden Debt
The mass layoffs will carry on, maybe labelled LITE
IBM is Circling Down the Drain, the 'Growth' Comes From Beancounting Tricks and Salary Cuts
IBM was down 2.17% yesterday
Microsoft's "Headcount" Distracts From How Big a Cull It Had This Month
It also speaks of numbers "[a]s of June 30" though the "buyouts" were effective July 1 and since then well over 10,000 workers have vanished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 30, 2026
IRC logs for Thursday, July 30, 2026
Gemini Links 31/07/2026: Music, Journaling, and Longing
Links for the day