Bonum Certa Men Certa

The EPO Continues to Lie About the UPC and About SMEs, Even Several Times Per Day Now

Russian flats



Summary: The extent of the EPO's distortion of facts and misrepresentation of stakeholders keeps peaking, with lies ranging from patent quality to desirability of the UPC

THE EPO is in disarray. Despite the fact that the UPC (which Battistelli bet on) is going nowhere -- unlike Battistelli who is going away in summer -- the EPO is now sending the judges to exile. Earlier today it wrote: "At the beginning of October 2017 the Boards of Appeal are moving to a new location. All details about it here: http://bit.ly/2uV6VRR" (epo.org link).



The EPO isn't giving up. The UPC is effectively dead (or dying). Even the mainstream media starts to accept it and law firms with stakes in the UPC have begun suggesting that the UPC should get scrapped (for them to start again from scratch). This is in spite of the EPO already polluting European media with money (for puff pieces). Earlier today the EPO wrote: "Looking for an all-encompassing guide for the Unitary Patent? Download the “Unitary Patent Guide” from our website http://bit.ly/2xuHsjV pic.twitter.com/GKCFsDZJiD" (epo.org link).

See how detached (from reality) they are? They already market something that does not exist.

"Brexit has thrown into doubt the future of the Unitary Patent Court," according to this new article, whose title may be a little misleading because just like the Scottish media that's composed by Team UPC (who needs journalists when you can just give the platform to lobbyists, who do it for 'free'?), this one is composed by Gill Grassie? Is she a journalist? No. "Head of Contentious IP at Brodies LLP..."

To quote some bits:

Brexit has thrown the future of the Unitary Patent Court, the first truly pan-EU patent system, into doubt and its immediate fate now lies in the hands of Scottish MSPs, who are debating the matter at Holyrood.

The Unitary Patent Court (UPC) is intended to improve the current European patent system, under which parties have to litigate patent disputes in individual national courts in the relevant member state.

[...]

Regardless of Brexit, it will allow Scotland’s SMEs, and its burgeoning tech and life sciences sectors, to obtain pan-EU coverage of their inventions and at what should be affordable costs.

The alternative is to be left behind and be forced to rely on the old, more cumbersome EU patent system if patent protection over the whole EU and the UK post-Brexit is required.


Notice that same old "SMEs" line and the nonsense about UPC being desirable. It's not. It's desirable to the writer and her employer, that's for sure. And they produce nothing but paperwork.

Regarding that "SMEs" nonsense, which we last mentioned last night (there are rebuttals too), yesterday the EPO kept promoting this lie; they do it several times per day now. "Patents help small businesses thrive," the EPO wrote. "It's not only us who believe that. These 12 SMEs stand as proof: bit.ly/SMEstudies2017 #IPforSMEs pic.twitter.com/UxsIe6HRij" (12 carefully cherry-picked SMEs or patent trolls, chosen for propaganda purposes).

Then again this morning the EPO wrote: "In collaboration with renowned IP experts, @EPOorg has published a set of 12 case studies on SMEs from across Europe. http://ht.ly/GVNN30fsLqe" (completely insulting, unscientific 'studies' and not from "renowned IP experts", whatever IP means, probably patent maximalists).

Quality of patents at the EPO continues to slide. There are now CRISPR patents at the EPO -- a point we recalled in light of this report from yesterday:

On September 18, 2017, District Judge Vernon Broderick (S.D.N.Y.) denied Petitioner George Schlich's ("Schlich") petition pursuant to 28 U.S.C. €§ 1782 for discovery from Respondents The Rockefeller University, Luciano Marraffini, Vedder Price P.C., and Thomas Kowalski, for use in opposition proceedings pending before the European Patent Office ("EPO").

Schlich is Intellia's European patent agent and claims that Intellia's co-founder and her colleagues are the rightful inventors of CRISPR/Cas9. The Broad Institute, Inc. ("Broad") is a research institute that works with partner institutions, including The Rockefeller University. Intellia filed four oppositions with the EPO seeking revocations of Broad's PCT patents, arguing that under European law, the patents are not entitled to claim the benefit of the filing date of U.S. provisional applications because they do not name the very same inventors as the provisional applications, and thus, are rendered invalid by intervening prior art. Broad argued that under U.S. law, complete identity of inventors is not required in order to obtain the benefit of the earlier applications.


So the EPO's misguided policy is already having an effect overseas, too. We wrote about 70 million dollars in 'damages' last night and today there's this report suggest that to one giant $2,500,000,000 for a patent is not enough. These are the sorts of companies that drool over the UPC. To quote:

District of Delaware says addition sanction in is not warranted in Idenix v Gilead “given that the result of that misconduct is a cure for a potentially-fatal disease afflicting millions of people around the world, and given that the jury's damages award is already the largest damages verdict ever returned in a patent trial”


These patents, suffice to say, have massive collateral damage. If upheld (like these ridiculous CRISPR patents), many thousands if not millions of poor people can die in decades to come.

Patents are not some entertaining funny game; the implications of patent policy can decide who lives and who dies.

Recent Techrights' Posts

Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
 
SLAPP Censorship - Part 179 Out of 200: Using One's Clients to Save Face at Their Expense
Who's being served really?
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026