Bonum Certa Men Certa

Amid Referendum “the New European Unitary Patent System is Likely to Collapse Before It Started”

Trojan horse



Summary: The Unitary Patent Court (UPC) vision seems like it may be just one month away from its gradual death, depending on British voices amongst other key factors

Ericsson used to make decent phones, but it's no longer the same kind of company. Its presence in Europe is now parasitic. The company has been using patent trolls to sue companies in Europe and now there are head changes (new chief IP officer), which makes one wonder what the future of Europe holds. Might a central patent court facilitate continental lawsuits by Ericsson against a lot more practicing companies in a lot more countries? And if so, who would benefit the most?



"Might a central patent court facilitate continental lawsuits by Ericsson against a lot more practicing companies in a lot more countries?"Based on this new article by Dr. Boris Uphoff and Laura Morelli, Brexit can "stop the European Unitary Patent before it started," to quote the headline. As they put it in the opening paragraph in a patent maximalism Web site:

On 23 June 2016, the British citizens will hold their referendum on the country’s membership in the European Union. Should they vote for the UK to leave the EU (the so-called ‘Brexit’), the new European unitary patent system is likely to collapse before it started.


There are several other barriers to the UPC, including the Spanish defiance. Ignore all the promotional (often paid-for) UPC propaganda. The future envisaged by Battistelli and his corporate masters for more than half a decade is now in jeopardy and Boards of Appeal may get their solidity back (filling up vacant positions, at long last, as per the EPC). As this legal analysis from a law firm (about Article 112a EPC) put it earlier today: "It has been a long day in Munich. You have reached the end of the Oral Proceedings and the European Patent Office (EPO) Board of Appeal announces its decision, which is final . . . or is it? When the updated European Patent Convention (EPC) 2000 came into force in December 2007, it also brought a new provision that allows a party to request decisions of the EPO Board of Appeal to be judicially reviewed by the Enlarged Board of Appeal. [...] While statistics show that petitions for review at the EPO have an extremely low likelihood of success, if the Board of Appeal has an incorrect composition or has committed a procedural or even criminal violation, that long day in Munich may not necessarily be the end of your case."

"Battistelli needs to go away along with his UPC fantasy."In reality, based on many people's experience (I wrote to the Enlarged Board of Appeal a long time ago), these boards are probably one of the strongest elements of the EPO and eliminating them to give way to the UPC would be a horrible mistake. The system worked reasonably well in the past; what Battistelli does is attract patent aggressors, welcome more spurious litigation, software patents, patent trolls, and unprecedented cronyism. Battistelli needs to go away along with his UPC fantasy. He brought to the EPO nothing but a crisis.

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day