Bonum Certa Men Certa

UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

Team UPC still distorts the facts, as if the end justifies the means

UPC Dead



Summary: Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC

THE EPO's management is eager to ram the UPC through, having decided to replace the Boards' location, keep them understaffed and perpetually scared, etc. The management calls it "reform" but it's actually an overhaul which serves the patent microcosm and large foreign corporations; it would be an enormous, historic disaster. It needs to be stopped, both by EPO insiders (not Team Battistelli) and outsiders.



Decision T 2561/11



An EPO-friendly legal firm wrote the other day (earlier this week) about decision T 2561/11 from the Boards, noting that "the EPO Board of Appeal found an Appeal to be admissible despite certain omissions in the Notice of Appeal. In particular, the Notice of Appeal failed to mention the Appellant’s name and address, and was alleged not to contain a request defining the subject of the Appeal, both requirements of Rule 99 EPC."

"In the above case, it would be so convenient for the Office to just blame the Boards and punish them for it, as is so common/habitual nowadays."Since then, as was covered here before, the EPO got even stricter, not when it comes to patent scope but when it comes to signatures etc. It further complicates the process not of patent-granting but merely the bureaucracy. In the above case, it would be so convenient for the Office to just blame the Boards and punish them for it, as is so common/habitual nowadays.

Douglas Carswell in Motion to Bury the UPC in the United Kingdom



Putting aside the war on the Boards -- a war long fought by Battistelli -- how about the war on British law, or the pretense that Brexit is magically compatible with UPC (it's not)? Dr. Luke McDonagh, who had repeatedly explained why the UPC is untenable here, said it is "interesting that Carswell seems all on his lonesome in putting this UPC motion forward - what is the Tory position?"

"Remember that Carswell is a longtime Tory (Conservative) politician.""Be interesting to keep an eye out on this UPC EDM by UKIP's Douglas Carswell this week," Max Walters from the Law Society Gazette wrote.

Remember that Carswell is a longtime Tory (Conservative) politician. He is hence pretty mainstream and he comes from a high-profile family of famous doctors of medicine. His defection to UKIP is pretty recent and wasn't motivated by nationalism, racism and so on (the stereotypes).

"Her Master's Voice," Margot Fröhlinger



"Founded doubts regarding a legal UPC with UK after brexit," wrote another person the other day, "IP system need certainty..."

"Is this the first time that [the EPO's] Mrs. Fröhlinger is not 100% certain in public about UK participating in UPC after Brexit?"

That's what Christopher Weber wrote before noting that "it's just an old article preceding the UK's intent to ratify that I mistook for a later statement. My bad."

But nothing has technically changed since then. In fact, the person who expressed intent to ratify has since then been sacked or resigned. We also did a long series explaining why ratification makes no sense and even if it ever happened, it would not be sustainable, in particular after Brexit. Here is that series again:



What's noteworthy about Fröhlinger's remark is that she has always been "her master's voice" (Battistelli's echo chamber) and rejected simple facts when it suited Battistelli's agenda [1, 2, 3, 4, 5], as pointed out here before. Fröhlinger is in many ways an extension of if not part of Team Battistelli, wherein lying has become banal and routine.

The Rain in Spain...



Meanwhile, fake news about Spain is being spread again (we have seen a lot of fake news about the UPC recently, e.g. [1, 2]) and Team UPC is trying to connect it to Brexit (there is no connection). This one tweet, linking to Manuel Rey-Alvite Villar from Bristows LLP (some of the worst liars out there), says: "Will the Spain joins the UPC System and the Unitary Patent? Brexit can make Spain changes his mind..."

“Spain's ruling party and authorities still reject the UPC and have stated the reasons as recently as a year ago.”Nonsense. First of all, none of this is news; Francisco Moreno has already demonstrated that it goes a couple of years back. And what does the self-serving Bristows base its ridiculous headline on? "The motion [which] will be debated in the Committee on Economy, Industry and Competitiveness of the Congress of Deputies (the lower house of the Spanish parliament)."

But the party behind this motion has already spoken about it and attempted it before. Spain's ruling party and authorities still reject the UPC and have stated the reasons as recently as a year ago.

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