Bonum Certa Men Certa

The UPC Scam Part V: Unitary Patent Regime a Fantasy of Patent Trolls

The undemocratic patent conspiracy (UPC): We'll just call it something misleading



Summary: "Good for trolls" is a good way to sum up the Unitary Patent, which would give litigators plenty of business (defendants and plaintiffs, plus commissions on high claims of damages) if it ever became a reality

TODAY marks exactly one week since the bizarre statement from the British government, which enjoyed misleading coverage bought/paid for directly and less directly by Battistelli's EPO.



In the previous four parts we explained the reality of the situation and in upcoming parts we'll explain why the UPC is still going nowhere -- consistent with what we have been saying for a number of years. Some words on a Web page of the British government are not enough to make the impossible (or barely possible) magically attainable.

It's worth reminding readers that the legal firm which the EPO unleashed at us for legal threats (in an effort to silence us) is itself part of the UPC's advocacy, which comes to show just how crooked things really are. Basically, a bunch of law firms are attempting to hijack the European patent system by means of endless lobbying, lies, fake (or biased) 'news', and fake job ads (for jobs that don't exist). These are some truly malicious actors. Morals don't exist because they have a mission and they are willing to combat opponents. Our activism is largely reactionary.

Who is the UPC good for other than some legal firms? "Good news for patent trolls," said this comment, possibly from Mr. Benjamin Henrion (FFII) by the sound of it.

Several days ago Patently-O wrote about last week's news, noting that "Europe may overtake the US as patent-litigation-central" if the UPC becomes a reality. Another way to put it is, Europe can become a patent trolls' hub, complete with software patents and everything they currently enjoy in the US (where they file the lion's share of lawsuits). The Unitary Patent fantasists include those who can either represent these trolls in court or represent their victims (defendants). What's not to like, eh?

Earlier today we noted that Microsoft agenda was interjected into an event that's supposed to be about "International Women's Leadership Forum" (here is the report about it). Well, Microsoft and even the UPC were interjected into this event. The latter subject was mentioned by "Deanna Kwong of Hewlett Packard Enterprise," who said that the UPC "will be "fertile ground" for NPEs," i.e. patent trolls (NPE is a euphemism).

Even MIP took note of it, writing in Twitter: "Consensus at #EUPatentUSA2016 that UPC system will attract troll-type activity - IT/TMT panel with @marksandclerk pic.twitter.com/2cbvgnBeSl"

Henrion replied with "oh really? what a surprise!"

We have been warning about this for years.

Here is the relevant part of the report from MIP:

The last six months (since the UK Brexit vote) have led to great uncertainty for Europe's planned Unitary Patent and UPC system, said Bethan Hopewell of Powell Gilbert. But much progress has been made with 11 ratifications so far and much work on the IT system, the Rules of Procedure and the financing.

The latest news, she added, is yesterday's announcement by the UK government that it will proceed with ratification of the UPC Agreement. "What needs to be worked on now is establishing certainty for industry so that the UPC is not undermined when the UK leaves the EU," she said, adding that the UK's role in the system post-Brexit remains to be seen.

Deanna Kwong of Hewlett Packard Enterprise said that despite the progress made there remains a lot of "uncertainty": "I don't know whether it will be a more favourable forum or not ... at the outset it may be a more plaintiff-friendly forum to legitimate it as a forum." Hopewell predicted it will be "fertile ground" for NPEs in the early years.

Kwong highlighted some differences between the UPC and the US system, including less emphasis on expert evidence, faster injunctions and the possibility to amend claims. "Fee shifting is a really big factor - hopefully that will be a counter-balance to the patentee-friendly aspects of the UPC," she added.


It seems like both Henrion and I noticed this at the same time. HP is admitting that the UPC would be good for patent trolls. Remember all those who used to deny it and mocked those who even dared to suggest so?

"HP says EU Unitary Patent Court will fuel trolls," Henrion later wrote.

"This is what patent prosecution & litigation in Europe will look like post-UPC," MIP added, "says Bethan Hopewell of Powell Gilbert at #ipwomen Forum pic.twitter.com/NXxNaFgAuu"

Yes, "prosecution & litigation"...

Not innovation.

Not sharing.

Not competitiveness.

Remember... "prosecution & litigation"...

That's all it boils down to and no wonder prosecutors and litigators are lobbying so hard for it. They want 'nuclear' legal wars to profit from. It's obvious at whose expense.

Recent Techrights' Posts

Yes, Of Course the Linux Foundation's OpenSSF Rejects Open Source and GNU/Linux (New Report)
longstanding tradition
Links 10/12/2024: Nvidia's Regulatory Woes, Trust Issues in LLMs (and Similar Recent Hype)
Links for the day
Gemini Links 10/12/2024: Lagrange 1.18.4 Released, New RNG
Links for the day
More Chatbot 'Articles' About Chatbots
Look what's happening to the Web...
Microsoft Falls to All-Time Lows in Cameroon
Windows down to just 4.6%
Brittany Day Still Uses Bots to 'Write' Articles (But Not All the Time)
it leads to a presumption of plagiarism
Links 10/12/2024: Trying "Hey Hi" With New Hype and Buzzwords, TikTok Bans Imminent
Links for the day
Google's CEO: LLMs' ‘Low-Hanging Fruit’ Now Exhausted
They basically tell shareholders not to expect returns on this hype
Microsoft Windows Falls to 11% in Senegal, an All-Time Low
In neighbouring countries (to the east of Senegal) the "market share" of Windows is even lower
The EPO's Corrupt Dealings With Microsoft Never Addressed, Only Worsened
it helps Microsoft spy on the competition and manipulate examiners dealing with its files
The Catching of Luigi Mangione Shows We Need Not Have More Surveillance (Than We Already Have; It's Excessive Anyway)
instead of saying surveillance is insufficient and thus we need more of it, now they can claim they have enough of it
[Teaser] Fate of Formalities Officers (FOs) at the EPO
Coming soon
Libre Liberia: Windows Down to 8% in Liberia
In Liberia, only about 1 in 12 Web requests seems to originate from Windows
Links 10/12/2024: Health, Politics, Economics, and More
Links for the day
Gemini Links 10/12/2024: LLM Plagiarism and "Flow" Review
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 09, 2024
IRC logs for Monday, December 09, 2024
EPO Salaries Reduced: EPO's “Sustainability” Clause "Cuts the Average Overall Adjustment for Staff by –41,8%."
What does this all mean for staff?
Google is Nuking Remaining Invidious Instances Again, Hoping to Force Everyone to Use Proprietary Spyware With DRM
This issue started a few hours ago
Microsoft's Grip on Armenia is Slipping, According to New Data From statCounter
Notice what happened to Windows - an all-time low
[Meme] Sloppy Plagiarism Full of Errors, Lacking Actual Comprehension
LLMs are not "AI"
More LLM Spam/Slop About LLM Spam/Slop
This is what the Web will become unless we expose those who contribute to the problem
Reforming Versus Rebooting Versus Destroying Institutions
At the moment we strive to expose the truth or shine light on pertinent facts
Expose Corrupt Insurance Companies, Don't Kill People
Murder gives them sympathy, makes the raiders seem like the victims
Microsoft's Windows is Pretty Much Dead in Haiti
Android has eaten Microsoft's lunch, Microsoft can't even eat crow
[Teaser] EPO Management Thinks Inflation in Europe is 0.2% Per Annum
Taming inflation by entirely ignoring it is like wrongly assuming that climate change (caused by human activity) can be overcome by not studying the effect of 8+ billion humans on this finite planet
Corporate Media Will Be Discarded and Eventually Die If It Keeps Doing "Bill Gates Sez" (or Similar) Pieces Instead of Journalism
"Superintelligence" does not even mean anything!
This Week We Focus Again on European Patent Office (EPO) Scandals
Nothing can stop us, not even a party or SLAPP
Links 09/12/2024: Health Care Anger and Power Vacuum in Syria
Links for the day
Links 09/12/2024: Burned, Uncertain Future, and Failure
Links for the day
[Meme] Write Code, Not Social Control Media
don't forget to 'like'
Links 09/12/2024: UnitedHealthcare C.E.O.'s Killer Still Unknown, Syrian Regime Change Completed
Links for the day
Site in Support of Richard Stallman Reminds People of the FSF's and Stallman's Support of Women
new updates
Microsoft: Target the Young (Get 'Em While They're Young)
Then they say Free software advocates are "extremists" and "rude"...
As of December 8th (23 Days Remaining), the FSF (Free Software Foundation, Inc.) Already a Third of the Way Toward Ambitious Funding Goal
FSF's memberships (or donations) drive is going a lot better than we anticipated
Why Mike Magee Created and Was Involved in So Many News Sites About Technology
British legend
In Memory of Mike Magee (1949-2024) and Our Best Wishes to The Register, Which He Founded in the 1990s
Months have passed since Magee died
Tunisia is Android, Windows is Waning There
Windows was measured below 20% in Tunisia
[Meme] Jeff Bezos Working From Home
"B**** please, publish articles in Washington Post about how working from home sucks"
'Remote' (From Home) Tech Workers Are More Productive for a Lot of Reasons
The Bezos-owned media should disclose its conflict of interest here
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 08, 2024
IRC logs for Sunday, December 08, 2024
No Wonder Microsoft's LinkedIn and Github Have So Many Layoffs, Permanent Office Closures
Traffic down, losses, probably never going to profit
Microsoft Ends Support for Vista 10, So Relative Share of Vista 10 Goes Up, Vista 11 is Down
For 2 months in a row already
When Python is Basically Run by a 'Microsoft-Friendly' Mole Who Ousts People That Actually Contributed a Lot to Python for Many Years
Removing some of the best people
Microsoft's Latest 'Novel' Approach, Trying to Prevent People Moving Away From Microsoft and From Windows
ads say a lot about their business strategy
Syria: Microsoft Windows Down to 8% "Market Share" (It Was 99% Just 15 Years Ago)
it was even measured at less than 5% earlier this year
Microsoft-sponsored "The New Stack" Publishing Microsoft Windows Articles in "Linux" Clothing
Just sayin'...
Links 08/12/2024: Boeing Leaks and Bluesky’s Business Model Dilemma
Links for the day
Gemini Links 08/12/2024: UK Winds and Ultraviolet Grasslands (UVG)
Links for the day
Links 08/12/2024: Conflicts, Misinformation, and Gutting of the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 07, 2024
IRC logs for Saturday, December 07, 2024