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

SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
 
Links 22/08/2026: Prince Harry, Elton John and Others Pay High Price for Frivolous Litigation in the UK
Links for the day
'Voluntary' Mass Layoffs at IBM/Red Hat
IBM does not want people to notice what truly goes on there
Another Round of GAFAM Layoffs, This Time Apple
Now Apple "is shutting down an entire Vision Pro team focused on developing gaming features for the mixed-reality headset."
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026
Sources-First Publication
Thank you for keeping us on track
Ubuntu is Not Linux
I was one of the first users of Ubuntu
Links 21/08/2026: Outrage Over Politicians Who Support Slop-Feeding Data Centres, "America Is About to Get More Expensive"
Links for the day
Gemini Links 21/08/2026: Rain Coming Back and "Small Internet"
Links for the day
Mass Layoffs at IBM, But Mostly in Secret (PIPs and 'Voluntary' Redundancies)
Gerstner laid off a record number of people; Krishna tries to find 'innovative' new ways to cause workers to leave
Slop-ware: Nobody Knows What Code Goes Into Linux and Most Developers Cannot Understand the Rust Code (Even If They Tried)
So nobody is in charge
The Slop Pyramid Scheme (Not Boon!) Isn't Good for GNU/Linux, Even If the Plagiarism Engines (Framed as "Training" or "Intelligence") Almost Always Run GNU/Linux
We need the slop pop - we need the bubble to pop
North America: GNU/Linux Measured at 13%-15% Every Night
many (north) Americans use GNU/Linux at home and are using it to access the Web in the small hours of the morning
Links 21/08/2026: "Silicon Valley’s Billionaire Cults Are Coming for Democracy" and "Who’s Raking it in as the National Debt Explodes?"
Links for the day
SLAPP Censorship - Part 157 Out of 200: What is a 'Defamation Troll'?
"Defamation Mill" also
Northern Europe Leads the Pack in Abandoning Windows After Threats Made to Greenland (Says Clownflare Data)
Clownflare has a vast trove of data, so it cannot be easily dismissed as pure nonsense
Clownflare: In Past 12 Months Microsoft Windows Fell From ~80% to ~75% on Desktops/Laptops in Asia
Microsoft is deep in debt
Secret Layoffs at Microsoft, Apparently More Sites Will Shut Down Entirely
vindicates us and serves to affirm what we've said for over a month
The State of Slopfarms About "Linux" in August 2026
The Web needs serious cleanup, which curation can help deliver
IBM Offers Workers Some Money to Fire Themselves, It's Called "Next Step" and It's Allegedly 'Extended' (Not Enough Fools Have Fired Themselves)
Will IBM executives - including the CEO - ever be held accountable?
£5 Million Unsolicited/Undisclosed Bribes and What That Means to British Politics
It still remains unknown (disclosure denied) who helps fund the £1 million lawfare against us
[Satire] Pocock, Binface & nobodies vs Farage: defamation before UK High Court
Reprinted with permission from Daniel Pocock
The IBM Censorship Team, PIPs (Silent Layoffs) in IBM Europe
There seem to be many de facto layoffs going on at IBM right there
SLAPP Censorship - Part 156 Out of 200: Brett Wilson LLP Becoming Wilson FC
Now acting almost like one-person shop (lots of staff has fled this past year)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 20, 2026
IRC logs for Thursday, August 20, 2026
Gemini Links 21/08/2026: "Ensmallening the BigWeb", "Rust Dependencies"
Links for the day
Links 20/08/2026: 'Linux' Foundation Promoting Slop Hype for Money (Hype as a Service), Malaysia’s Exports Jump 38% Year-on-Year
Links for the day
Gemini Links 20/08/2026: A "Break From Routine" and "Modem Was the Problem"
Links for the day
Clownflare Reckons GNU/Linux is on Almost 1 in 10 Laptops/Desktops in Western Europe
Western Europe and China are leaving more of GAFAM behind them
Looking Ahead at September
Rianne and I look forward to a productive September
Links 20/08/2026: Facebook "Ran Ads for an App That Promised to Nudify Female Politicians" and Facebook Faces "Social [Control] Media Addiction Trial"
Links for the day
Clownflare Sees GNU/Linux at 16% Market Share on Desktops/Laptops in Tajikistan
in Tajikistan it seems like adoption of GNU/Linux is exceptionally high, based on a very large data set associated with Web access
The Demise of Social Control Media Continues
Entering (anew) social control media in 2026 seems foolish
SLAPP Censorship - Part 155 Out of 200: Throwing Stones in Houses Made of Glass
character-assassination-as-a-service
Gemini Links 20/08/2026: Planners, Pantsing, Vinylyssee
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 19, 2026
IRC logs for Wednesday, August 19, 2026