04.13.20

Gemini version available ♊︎

Almost a Month Later Lies Persist About the “Fate of the Unified Patent Court” and Software Patents It Was Supposed to Introduce/Cement

Posted in Deception, Europe, Patents at 12:57 am by Dr. Roy Schestowitz

It’s as if judges and even Justices don’t exist to them when the outcome is considered ‘inconvenient’

JWP Patent and Trademark Attorneys

Summary: Three weeks down the line in Lexology we’re still seeing denials of reality itself; in addition to this, law firms are attempting to persuade companies to pursue software patents which courts would very likely throw out

WE RECENTLY completed a 20-part response to the UPC propaganda that followed the FCC’s decision 24 days ago in Germany. There’s an index for this response and one reader suggested collating such series to make mini-books or whatever. But these rebuttals are always “work in progress” and we did not expect the propaganda to ever stop completely. Are law firms trustworthy? Are lawyers lying for a living? Yesterday we stumbled upon a new example of it (yes, almost 3 weeks late), which contained lies and total nonsense from a law firm. “It is no secret that the headquarters of UPC in Paris, London and Munich are ready to start their case-law activity,” it said.

“Imagine someone saying that Corbyn is ready to take up his duties as British Prime Minister. As of days or weeks ago, Corbyn isn’t head of his party, let alone the party that’s in power.”Tomasz Gawliczek (JWP Patent & Trademark Attorneys) has just had it promoted/elevated to Lexology, where statements such as these will certainly be greeted by a wider audience, mostly lawyers. They keep lying to one another about what happened (while talking about the judge’s wife and other such gossip).

To say that “headquarters” of UPC (odd term to use) in London “are ready to start their case-law activity” is just insane. They cannot do so legally, they lack the actual staff, they lack the authority and so on. This ignores reality! And what about Brexit? Imagine someone saying that Corbyn is ready to take up his duties as British Prime Minister. As of days or weeks ago, Corbyn isn’t head of his party, let alone the party that’s in power. But here go the dreamers, providing exceptionally poor legal advice in their official site and elsewhere:

The entry into force of the Unified Patent Court requires ratification of the UPCA by at least thirteen EU Member States, including three in which the highest number of European patents is validated, i.e. designated as territories of target protection. Until now, those countries were France, Germany, and the United Kingdom. France was the first to ratify UPCA, followed by the United Kingdom. As soon as the creation of a unitary patent court appeared to be possible in the near future, Brexit became a reality. Legally, the UK, if it so wished, could remain a member of the UPC system even outside the EU. Such a solution could be deemed feasible, as suggested by Alexander Ramsey, the Chairman of the UPC International Preparatory Committee in the 2019 interview. The problem is that the UK, after leaving the Union, does not want to recognize the jurisdiction of the European Court of Justice at all. This condition is however required to some extent in order to participate in the UPC.

In the light of problems resulted from Brexit, those interested in establishing the UPC are now closely observing the German Constitutional Court in Karlsruhe. As announced at the beginning of 2020 (more than three years later), this court is expected to consider a constitutional complaint seeking to determine whether the UPCA complies with the German Basic Law. During the ongoing negotiations and preparations, it has been long speculated that the German Court is waiting for the final resolution of the Brexit issue – a claim that was strongly denied by one of its judges, Justice Huber, just last year. However, if Germany withdraws from the UPC project without taking responsibility for its finalization, the unified patent court will undoubtedly remain just a project.

It is no secret that the headquarters of UPC in Paris, London and Munich are ready to start their case-law activity. If London withdraws from the project, it is unofficially assumed that Milan may take its place. After nearly 50 years, it seems that the time has come for the UPC to come into being. Europe is once again waiting in anticipation together with a large number of patent holders.

What anticipation? Whose anticipation? Lawyers like the author of this? And what “patent holders”? Large pharmaceutical companies? The law firms that work to get them lots of patents? The UPC isn’t wanted or desired by inventors. It’s a lie. UPCA wasn’t even drafted for them at any point.

“So here we are still having to respond to rather basic and easily-debunked falsehoods.”We knew the UPC lies would likely persist for a while, but it has now been nearly a month since the decision and Coronavirus lock-downs have not put the cork on these mouths. So here we are still having to respond to rather basic and easily-debunked falsehoods.

Yesterday we also noticed Andrew McGettrick (HGF Ltd) advocating software patents in Europe and more specifically in the UK, which does not allow them (it has its own laws). These law firms are pursuing illegal means by misusing buzzwords (“AI” and “Computer-Implemented” in the headline!) that the corrupt European Patent Office (EPO) management openly and blatantly recommends as means for breaking the laws associated with patents (EPC). Here’s a portion:

With recent advances in computer technology, AI and ML are increasingly being used in products and services for the healthcare industry, such as in breast cancer screening, stroke detection and patient monitoring, and to assist in the creation of new drugs and antibiotics. Statistics from the World Intellectual Property Organisation also show increasing numbers of AI related patent applications being filed in the Life and Medical Sciences sector. It is, therefore, important to understand what types of invention can be protected in this area and why.

[...]

In another interesting development, we have now seen written decisions issued by the European Patent Office on some landmark cases relating to AI. In 2018, two European patent applications were filed by Stephen L. Thaler declaring an AI entity DABUS as the sole inventor. The European Patent Office objected to this, and a hearing was held with the applicant. A decision was issued in November 2019, with the full written rationale following in January 2020.

In short, the EPO decided that an AI entity could not be named as an inventor, and so the applications were refused on the basis that no valid declarations of inventorship were filed. The rationale of the European Patent Office was that inventors needed to be natural persons. In addition, DABUS was neither a natural nor legal person and so could not hold property. Therefore, there could be no transfer of ownership of the invention from DABUS to the applicant.

Thus, for now at least, it appears to be impermissible for an AI entity to be named as an inventor on a European Patent application. It remains to be seen, however, whether more widespread inventing by AI entities could lead to a change of law in the future.

Notice how the piece conflates two different things; one aspect is patents on “statistics” (maths) and another is the question about algorithms being listed/classified as inventors. If one looks at the actual headline, the sole purpose of this piece is to advocate software patents and the rest is unrelated waffle. This too has become rather common as they piggyback hype wave and vague concepts rather than actual substance or matters of law, science, etc.

“This too has become rather common as they piggyback hype wave and vague concepts rather than actual substance or matters of law, science, etc.”We never truly expected UPC advocates to stop lying. UPC has long been a Trojan horse for software patents (which ‘ordinary’ European patents courts consistently reject, citing the EPC), so we more or less expect EPO and its allies (CIPA et al) to carry on pushing this “buzzwords agenda” championed primarily by the two stooges with no background in science but extensive background in lying (politics). Heck, even the US has become more strict on these matters, especially because of 35 U.S.C. § 101.

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. Links 23/9/2021: GNU Parallel 20210922, Moroccan Propaganda From EPO

    Links for the day



  2. Links 22/9/2021: Google 'Upstream First' in Linux and New Maui Report

    Links for the day



  3. Links 22/9/2021: Mesa 21.2.2, GNOME 41 Released

    Links for the day



  4. Socially- or Corporate- or Centrally-Controlled Surveillance, Censorship and Throttling is Not Media

    The 'social control media' situation is getting out of hand; in YouTube, for example, there's a broad revolt against strict editorial control by Google and in Twitter it seems like ordinary users aren't shown so much to people who actually "follow" them



  5. Links 22/9/2021: Panfrost's OpenGL ES 3.1 Conformanc and NovProg 3.2.0

    Links for the day



  6. IRC Proceedings: Tuesday, September 21, 2021

    IRC logs for Tuesday, September 21, 2021



  7. Agents of Monopoly: WIPO is Lobbying for or Reinforcing Microsoft Monopoly by Pushing Its Proprietary Software and Formats

    The World Intellectual Property [sic] Organization — like the EPO (where António Campinos outsourced IT systems to Microsoft) — is choosing the most notorious/corrupt ‘tech’ ‘company’ (cult) instead of open standards and, as the links above show, this is nowadays done inside the United States and outside the United States as well, raising legal questions/ire



  8. Links 21/9/2021: Windowsfx 11, New Chrome, and LF PR Noise

    Links for the day



  9. [Meme] The EPO-EUIPO “Good Brother” Network

    Jobs as bribes at the EPO and EU(IPO) are a lingering problem



  10. Links 21/9/2021: Samba 4.15 and Ubuntu 14.04/16.04 Support for 10 Years

    Links for the day



  11. Richard Stallman's First Public Talk (Delivered in Person) in Years, Now With a Free Format

    Full talk now available. The organisers of the conference have uploaded to YouTube, so we’ve converted everything to a free/libre format (and last night only an excerpt was published here).



  12. [Meme] The Best Quality Propaganda

    The António Campinos-led EPO is still a never-ending propaganda machine; the media isn’t fact-checking or investigating anything, so of course that propaganda goes largely unchallenged and the propagandists (like Joff Wild) profit from it



  13. Preparations for the Next Series and Further Improvements in IPFS and Gemini

    Gemini space (or Geminispace) continues to expand quite rapidly and we're utilising alternatives to the Web in order to improve access to information; at the moment EPO publications are our priority



  14. Links 21/9/2021: Peg-E 1.3.0, CUPS 2.4 Coming Soon

    Links for the day



  15. IRC Proceedings: Monday, September 20, 2021

    IRC logs for Monday, September 20, 2021



  16. Links 20/9/2021: Emmabuntüs Debian Edition 4 1.00, DXVK 1.9.2, and NVIDIA 470.74 Graphics Driver

    Links for the day



  17. Richard Stallman's Talk in Ukraine Two Days Ago (in Person)

    Richard Stallman explains his stance on Invidious (released under the AGPLv3) in his new (in-person) talk



  18. Microsoft and the EPO: A History of Threats and Suppression Against the Free Press

    Bribed and blackmailed media isn't covering EPOnia's corruption anymore; somebody should, but that's not as easy as it may seem on the surface (not even for a distant outsider)



  19. [Meme] The B4 Summit: Baltic Benoît Battistelli in Belarus

    It should not be surprising that when Benoît Battistelli and António Campinos get to 'fix' their own election by the EPO‘s Administrative Council that very same Administrative Council will later rubber-stamp virtually every proposal of theirs, even unlawful proposals



  20. Links 20/9/2021: Telegram Desktop 3.1, Arcan as Operating System Design

    Links for the day



  21. [Meme] Looting Europe and Taking Away From the Office

    The staff of the EPO is being robbed by corrupt officials, who arrogantly assume that they can get away with anything (because they have facilitators all over Europe)



  22. IRC Proceedings: Sunday, September 19, 2021

    IRC logs for Sunday, September 19, 2021



  23. Formally Challenging the EPO and Microsoft for Apparent Efforts to Suppress Reporting With Evidence of Crimes, Including Violations of EPO Data Protection Guidelines

    The largest cross-institutional European den of corruption, the EPO, will be hearing from lawyers and hopefully from public officials too. The criminal behaviour is long overdue for review and the Administrative Council too should be investigated (for repeatedly abetting this behaviour, for personal gain).



  24. Links 20/9/2021: Linux 5.15 RC2 and pgAdmin 4 5.7 Released

    Links for the day



  25. [Meme] Warning - Tree Felling in Progress

    Warming up for our next EPO series



  26. Links 19/9/2021: Sparky 2021.09, Whisker Menu 2.6.0, HarfBuzz 3.0, and gThumb 3.12

    Links for the day



  27. EPO Management is Hiding Under the 'Cloud' While Violating Privacy Laws

    Facing a barrage of scrutiny for outsourcing the EPO's systems to Microsoft, the EPO has just arranged yet another expensive PR stunt, looking to somehow 'normalise' the unacceptable and the likely illegal



  28. Maintenance and Development Updates

    We've been doing a lot of work on the back end (or operations) of Techrights, more so this past month, and we're almost ready to resume the normal publication pace



  29. [Meme] Microsoft Says Its Paying Clients (Like EPO) Don't Violate Privacy Law

    The ever-so-docile EPO will gladly oblige when companies like Microsoft lie about the legality of their industrial espionage operations, masked as “clown” computing (and other buzzwords)



  30. Coming Soon: EPO Series on Lawlessness

    Some time soon we’ll start an important series about the EPO, seeing that the management of the EPO is panicking and trying to put out the fire created by prior ones (more on that shortly)


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