Bonum Certa Men Certa

Lying Has Become the Norm When It Comes to the Unitary Patent (UPC)

Battistelli's EPO and litigation firms resort to lies, distortions and outright bullying of critics

Margot Fröhlinger for UPC



Summary: Response to the latest lies and half-truths that are being disseminated by a bunch of litigation businesses aided by Battistelli and his henchmen (or henchwomen, like Margot Fröhlinger)

TECHRIGHTS is anything but new to the UPC plans, which were known as all sorts of other things over the years ("harmonisation", "EU Patent" etc.) and people can find articles on the subject going nearly a decade back. We are on pretty solid ground when it comes to the subject and we can easily spot lies, then report them in public. Not many other sites are both capable and willing to do this. We are neither obsessed, nor do we respond in vain. It has become very apparent that Techrights has become the #1 enemy of Team UPC (a conspiracy of few law firms looking to make a lot of money from the UPC and thus lobbying for it at huge private expense). This post is an assorted rebuttal to some of the latest lies, as well as observations made by various people who prefer to remain anonymous.



UK-IPO Distortions



The other day someone asked: "Did the UKIPO really say that the UK government was fully on track with regard to the UPC? Can't find it."

“We are on pretty solid ground when it comes to the subject and we can easily spot lies, then report them in public.”We wrote about that the other day, after we had spotted something rather dodgy at Managing IP.

We suppose that it's possible someone said something on the phone, but it's definitely not an official statement. Yet they paint is as official policy, just like they framed a 5% vote at 1:30 AM as something very official (more on that later, for this nonsense is still being repeated by Team UPC). Lies by omission have become a common strategy among Team UPC, which means we must always dig deeper and fact-check everything they say. Remember these highly misleading claims about Spain back in March. How can they get away with that?

"Allusions" and "Omissions" is what someone we spoke to called it. This person too recognises that Team UPC is being rather disingenuous. "Great way of communicating with the world," this person sarcastically dubbed it, but they are desperate, no doubt, albeit it's no excuse for this strategy, which clearly involves misleading potential clients.

"Is this the new normal?"

Well, apparently so.

“Did the UKIPO really say that the UK government was fully on track with regard to the UPC? Can't find it.”
      --Anonymous
We have stressed this repeatedly in this site and elsewhere: nothing that Team UPC says should be taken seriously (without a barrel of salt).

As one person put it the other day: "Quite frankly, the opinion of this author whose firm is heavily invested in the UPC is as biased and thus irrelevant as that of the other UPC proponents. They are all in vain trying to cherrypick from the apparent mess something to suit their needs and further their agenda. Whether it's Tilmann, Mooney, Hoyng or now Mr Smyth."

"Yes," somebody later told us, "they all have a vested interest in this succeeding..."

But at what cost?

What we now have is an unprecedented mess, wherein lawyers can be assumed liars (at least about the UPC) and customers are habitually being misled. Many of them don't even realise this. In the mean time, business are being lied about, not just to. The UPC is definitely not desirable to us who create things (e.g. software), yet patent lawyers tell the world, politicians included, that businesses want the UPC. They don't. They don't need patents in other countries if at all. Some have signed a petition to clarify this and a group representing SMEs condemned claims that UPC is desirable to SMEs. AstroTurfing like the EPO now?

“They are all in vain trying to cherrypick from the apparent mess something to suit their needs and further their agenda. Whether it's Tilmann, Mooney, Hoyng or now Mr Smyth.”
      --Anonymous
Yesterday someone anonymous wrote: "Even in-house lawyers (not patent attorneys, but the other kind, who can call themselves 'patent attorneys' for no sensible reason I can think of) are planning to risk their employers' assets by taking the unitary patent route. In regards to the 'assertion' "How numerous are likely to be CJEU referrals by the UPC anyway?", was the same question asked by Smythe et al when the SPC regulation was drafted?"

Only a fools would put any eggs in the UPC basket, as it's a sinking ship.

EPO Distortions



Last night we found this new article titled 'Europe’s unitary patent system will boost Korean firms' (a blatant lie right there in the headline).

We can't help but speculate; Did Battistelli's hired PR firm pay for these lies to be printed, or did Team UPC pay for these lies to be spread in Korea? Who knows... all we know is, "Margot Froehlinger, the principal director for unitary patent, European and international legal affairs at the European Patent Office ECCK" managed to seed these lies in yet another continent's press (maybe there is similar coverage in Hangul). She has become Battistelli's most prominent mouthpiece on UPC matters, as we noted here before [1, 2, 3]. Irrespective of Margot Fröhlinger, we have spotted yet more self-serving nonsense printed as though it was factual.

Marks & Clerk Distortions



“Even in-house lawyers (not patent attorneys, but the other kind, who can call themselves 'patent attorneys' for no sensible reason I can think of) are planning to risk their employers' assets by taking the unitary patent route.”
      --Anonymous
Watch this new puff piece/marketing disguised as an article in the Scottish Legal. The headline says nothing about it being an advertisement for Marks & Clerk, which promotes software patents in Europe and is regularly helping Battistelli's agenda. Further down in this 'article', which parrots EPO talking points, it's made apparent that it's not from a journalist but from "Tim Hargreaves, chartered (UK) and European patent attorney, and partner, at Marks & Clerk’s Edinburgh office..."

His colleague is meanwhile lobbying for the UPC. The first sentence of this new 'article' of hers (marketing by Karen Fraser from Marks & Clerk) is an utter lie. It repeats the above-mentioned lie/fabrication:

Following the UK Government's announcement that it will ratify the Unified Patent Court Agreement, the Unitary Patent and Unified Patent Court (UPC) are expected to go live in December 2017, subject also to ratification of the UPC Agreement by Germany. Applicants will then have a choice between obtaining the "traditional" bundle of national patents that has always been available under the European Patent Convention (EPC), and a unitary patent on the basis of European patent applications granted by the European Patent Office. This applies to all newly filed European patent applications and to currently pending European patent applications, as long as they are granted after unitary patents become available and as long as they currently designate all participating states.


That's a gross representation of what is actually happening. Francisco Moreno said: "Useful information if the go-live date is December 2017 or later. Waste of time if this unitary patent system never becomes available..."

“Waste of time if this unitary patent system never becomes available...”
      --Francisco Moreno
Based on where it stands in the UK (which the above article is about), it's not going anywhere, hence it is, as Francisco Moreno puts it, "waste of time" (and money, which firms like Marks & Clerk would pocket after they gave misleading/poor advice).

British Special Interests



Remember that firms like Marks & Clerk or Bristows are trying to write the very law that would govern them (if they succeeded at this mass manipulation campaign that is still ongoing). The UPC "is just a theory and pipe dream at this stage," I told this former 'Kat' (David Pearce), "but lawyers lie. That's what they're paid for."

“UK courts are thorough and generally get it right. A good proportion of asserted patent are invalid in some way.”
      --David Pearce
"Obviously," he said in relation to another thing, noting that those lobbying for the UPC are "mainly big litigation firms who have something to gain."

Like IAM and its funding sources, which include the EPO's PR firm that paid IAM for pro-UPC events?

On another occasion, David Pearce responded to IAM and Erick Robinson, after they had said that "unlike Germany or China, the UK invalidates patents like they are going out of style. Sort of like the US."

"Not a very fair assessment," he said. "UK courts are thorough and generally get it right. A good proportion of asserted patent are invalid in some way."

"Like IAM and its funding sources, which include the EPO's PR firm that paid IAM for pro-UPC events?"Later today we are going to write about UK courts ruling in favour of a patent troll -- a subject already covered here the other day. It would have been far worse if UPC was in effect.

German Special Interests



Postponed again (as always) is the UPC ratification process in Germany. It's in a limbo. The UK is not ratifying, hence (as expected) the Germans have no point ratifying either. The crucial point is, the UK cannot ratify, or cannot stay in the UPC after leaving the EU. But UPC hopefuls try to spin that with "Postponed is not abandoned - German proverb."

"The UK is not ratifying, hence (as expected) the Germans have no point ratifying either."Christopher Weber and Alexander Esslinger are still fantasising, saying that "[t]he process of formal ratification of the Unified Patent Court (UPC) Agreement by the UK is unlikely to be completed until mid-July," citing Team UPC. So once again they are pushing back the dates. Not too long ago they pushed back as far as 2018. They must have realised by now that even believing their own lies would be rather unreasonable.

Bristows, in the meantime, repeats the old lies about Germany (the magnitude of the distortion is a must see). Bristows' Richard Pinckney wrote the other day [via] that "the laws authorising Germany to ratify the Unified Patent Court (UPC) Agreement and to amend the national patent law have been approved by the Bundestag (parliament) and the Bundesrat (Federal Council), the draft law (bill 18/11238) to enable Germany to ratify the UPC’s Protocol on Privileges and Immunities (PPI) is at an earlier stage."

"They must have realised by now that even believing their own lies would be rather unreasonable."Did he mention that only about 5% voted? No? Not convenient a fact? How much longer will they carry on with these fantasies? Nick Kounoupias, a "UK solicitor and IP expert" by his own description, published this article titled "Was it a dream?"

"UK patents will remain unaffected," he explained, "and US based businesses and individuals owning UK patents will still be able to enforce UK patents within the borders of the UK. However, overseas businesses operating within the UK could still obtain unitary patents and deal with the new UPC but only for use outside the UK."

"As we see it, the UPC is a dead -- or at best dying -- project, but those who counted so much on it succeeding refuse to see it and try to blind others too."That's a loaded statement which assumes that the UPC will somehow become a reality, with or without the UK participating. "Patent law has not yet been harmonized across the EU," Benjamin Henrion wrote, "so there should be little change to the present position..."

As we see it, the UPC is a dead -- or at best dying -- project, but those who counted so much on it succeeding refuse to see it and try to blind others too. They still believe they can somehow salvage this thing by gross distortion while the EPO goes down in flames.

Comments

Recent Techrights' Posts

[Meme] Reliable Sources
Sooner or later LLMs swallow up their own lies (that they generated), which means that over time those things will only deteriorate further, exacerbating an already-large misinformation pandemic
Free Software Foundation's Miriam Bastian: We Surpassed Our Year-end Goal of $400,000 USD Thanks to You!
Miriam Bastian: We surpassed our year-end goal of $400,000 USD!
 
Status of New Year's Resolutions
3 weeks later
"The AI Bubble is Popping", Now It's Bailout Time
The hype will quietly fizzle, just like "blockchains"
[Meme] When the Government of the Netherlands Participates in Your Crimes It Lacks an Incentive to Hold You Accountable for Crimes
the EPO's corrupt management boasted (on television) that it would ignore rulings against it even if issued by the highest Dutch court
Links 23/01/2025: US Constitution Already Besieged (Impeachable Offences Pile Up), Arrest Warrant for Assad
Links for the day
Microsoft's Head of Business Development Quits (Days After Two Large Waves of Mass Layoffs)
We recently learned that people close to the management are very stressed this month
BetaNews Plagiarising Work in the Linux Space
The originals won't even be listed
Gemini Links 23/01/2025: US Politics and DevOps Career
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 22, 2025
IRC logs for Wednesday, January 22, 2025
Links 22/01/2025: Jeju Air Blame-Shifting (Talk to the Wall), Copyright Maximalism Rebounds
Links for the day
[Meme] The 'Garbage in, Garbage Out' Patent Office
"law of the buzzword"
Clueless and Nontechnical EPO Management Uses the 'Great Scam' (Hey Hi Hype) to Justify Automation Where It's Both Detrimental and Illegal
The EPC has been practically set aflame; thus, the EPO has no legitimacy or reason to exist anymore
Links 22/01/2025: Democratising Tech Initiative and "Bye Bye Meta"
Links for the day
The Japanese translation of the term "free software"
by Akira Urushibata
Links 22/01/2025: "The AI Bubble Is Bursting" and Microsoft's Scam Altman is Already Looking for De Facto Bailout From the Insurrectionist
Links for the day
Dr. Andy Farnell's Latest Article About Software Freedom and Richard Stallman
why Dr. Stallman is being picked on
Geminispace (Gemini Protocol) Offers an Escape From Social Control Networks Owned by Oligarchs and Governments
Gemini capsules that promote fascism and retreat to feudalism are rare and scarce
The Free Software Foundation (FSF) Has Formally Added an Outreach and Communications Coordinator
Maybe the addition happened last year (we mentioned it in passing), but now it's in the "rota"
Electronic Frontier Foundation: Fighting 'for the Poor and Powerless' While Taking Home $336,000 in Annual Salary
nowadays works for or serves not the interests of the masses
Of Note: The Misguided, Infiltrated, Weakened Electronic Frontier Foundation (EFF) Now Operating at a Loss of Over a Million Dollars
Worst since the COVID-19 lockdowns
[Meme] Omit Microsoft When It's a Scandal or a Breach, Whereupon It Becomes Just an 'IT Company'
Microsoft is like a cult. Members of this cult promote the opposite of security, expecting to be financially rewarded for it.
Calling Out Windows (TCO) is Apparently Impermissible in Some News Sites
The online news sites are failing us (and corporate sponsors play a role)
Richard Stallman's Remarks on His Pain
Published two days ago
Focusing on the Issues
we'll do our best to find the news and not talk about "Mr. T"
Only About 3.6% of Web Users in Pakistan Use Vista 11, According to statCounter
It's not hard to see why so far in 2025 Microsoft has already had several waves of mass layoffs - more than any other company
Rumour: In IBM, Impending "25% Reduction in Finance Roles"
25% to be laid off?
[Meme] Fake Articles From linuxsecurity.com (Just Googlebombing "Linux" With LLM Slop)
Google should really just entirely delist that site
RedHat.com Written by Microsoft Staff, Promoting Microsoft' Proprietary Software That Does Not Even Run on Linux!
This is RedHat.com this week...
Links 22/01/2025: Mass Layoffs at Stripe, Microsoft's Illegal Accounting Practices Under Scrutiny
Links for the day
Fake 'Article' by Brittany Day (Guardian Digital, Inc) About Linux Mint 22.1 'Xia'
Apparently they've convinced themselves that this is OK
Red Hat Dumps "Inclusive Language", Puts "Master" In Official Communications and Headlines
Red Hat: you CANNOT say "master" (because it is racist). Also Red Hat: we put in it our headlines.
Red Hat Offers DRM, TPM, and Backed Doored 'Confidential' Containers (CoCo) for Microsoft (Proprietary Spyware)
No kidding!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 21, 2025
IRC logs for Tuesday, January 21, 2025
Gemini Links 21/01/2025: Media Provocations and Nazis Not Tolerated
Links for the day
[Meme] Plagiarism Does Not Eliminate Jobs by Replacing Humans, It Replaces Human Knowledge With False Cruft
We need to boycott sites that fake their output
Slopwatch: BetaNews Plagiarism and LLM Slop by UNIXMen
"state-of-the-art" plagiarism
What Fedora, OpenSUSE, and Debian Elections Teach Us About the State of Weak (or Fake) Communities
They show a total lack of trust in these communities
[Meme] Doing Dog's Job (Not God's Job)
The FSF did not advertise the talk by RMS (its founder), who spoke in France almost exactly 23 hours ago
Links 21/01/2025: Mass Layoffs in "Security" at Microsoft (Despite Microsoft Promising It Would Improve After Many Megabreaches), Skype is Dead (Quietly)
Links for the day
Alternate Version of Daniel Pocock's 2024 Talk, "Technology in European Parliament Election Campaign"
There's loud ovation at the end of the talk
Gemini Links 21/01/2025: London Library, Kobo Sage, and Beyerdynamic DT 48 E
Links for the day
The January 20 Public Talk by Richard Stallman (Around Midday ET), Livestream 'Assassinated' by Google's YouTube
our guess is that the 'cancel mob' sabotaged it, possibly by making a lot of false reports to YouTube
[Meme] Free Software and Socially-Engineered Groupthink (to Serve Big Sponsors Like Google and Microsoft)
They do this to RMS all the time
[Video] Daniel Pocock's Public Talk About Free Software Politics, Social Engineering, Debian Deaths and Suicides, Coercion and Exploitation of Women
took many months to get
BetaNews Cannot Survive If Its Fake Articles Are Just SPAM for Companies Like AOHi and Aren't Even Composed by Humans
This is what domains or former "news" sites do when they die and look very desperately for "another way"
Pocock shot in the face, shot in the back, shot on Hitler's birthday saving France, Belgium and FOSDEM
Reprinted with permission from Daniel Pocock
Dr Richard Stallman in Montpellier, Robert Edward Ernest Pocock in France
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 20, 2025
IRC logs for Monday, January 20, 2025