Bonum Certa Men Certa

EPO Management Gambled on Europe Being a Patent Litigation Hub/Capital, But It's All Coming Down in Flames Now

Battistelli's legacy is one of gaslighting and denial

Work for firefighter



Summary: Work for the EPO keeps declining (decreasing number of applications), quality of patents has clearly collapsed, and the UPC isn't coming to fruition, which means that layoffs are inevitable and the reputation of the EPO cannot be recovered

THE EPO, as always, carries on pretending that the UPC is coming. "This guide looks at how to obtain, maintain and manage Unitary Patents," it wrote yesterday, but there is no Unitary Patent and there probably never will be. As it stands at the moment, the UPC is a dangerous EPO management fantasy, which has already led to the unprecedented and premature assault on appeal boards. If there's no UPC at the end, there will be neither patent quality nor justice. It will be chaos.



"Very few SMEs actually need "unitary" anything because they don't operate in many countries."Bristows, which used to rave about the UPC, has almost nothing left to say. Yesterday it just threw this puff piece about a non-event and IP Kat wrote about a post-Brexit paper from UCL's Ilanah Simon Fhima. It's focuses on trademark law, but it's partly applicable to patents and it speaks of the "unitary" effect.

Also yesterday, the EPO carried on with its lies about SMEs (it started two weeks ago and the EPO has repeated these lies every day since). Very few SMEs actually need "unitary" anything because they don't operate in many countries. The UPC is a gift for those who fight against SMEs, notably multinationals and trolls. "These twelve examples stand as proof," the EPO wrote yesterday, adding that silly hashtag #IPforSMEs just like these radical front groups.

"About 4 years ago we expressed deep concerns about the European Patent Office moving in the exact opposite direction (opposite to the rest of the world), namely inviting trolls and software patents."As we said yesterday, software patents seem to be on the way out everywhere by China. We wrote about how, even in Japan (historically pro-software patents), courts have become very strict and intolerant of abusive litigators.

Yesterday, in fact, IAM too reinforced that view. It sounds as though JPO, the patent office in Japan, is getting fed up with patent aggressors harassing the real industry over there. To quote:

On Friday, the Japan Patent Office (JPO) said it would issue guidelines on SEP licensing negotiations after a month-long public consultation period. The policy document will stake out an official view on issues such as what constitutes good faith and reasonable royalties in SEP talks. But we don't know for certain how – if at all – the new plans are connected to an earlier proposal to introduce an alternative dispute resolution (ADR) system that has been described as “compulsory licensing for SEPs”.

[...]

It is possible that this latest JPO consultation reflects a scaled back attempt to have a say on key SEP issues after the more aggressive ADR plan met with resistance from industry. On the other hand, if the ADR plan is resurrected at some point, then these guidelines – particularly the provisions on royalty calculations – could wind up forming the basis for how the JPO determines rates in very important disputes.


About 4 years ago we expressed deep concerns about the European Patent Office moving in the exact opposite direction (opposite to the rest of the world), namely inviting trolls and software patents. This ugly legacy isn't the fault of Battistelli's predecessors but Battistelli himself. No doubt he'll be remembered as the worst ever EPO President -- the one who ushered in human rights abuses and made it acceptable for the EPO to lie to the public every day while corrupting the media.

Recent Techrights' Posts

Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from disguised.work
 
Chris Rutter, ARM Ltd IPO, Winchester College & Debian
Reprinted with permission from disguised.work
[Video] Microsoft Got Its Systems Cracked (Breached) Again, This Time by Russia, and It Uses Its Moles in the Press and So-called 'Linux' Foundation to Change the Subject
If they control the narrative (or buy the narrative), they can do anything
Links 19/04/2024: Israel Fires Back at Iran and Many Layoffs in the US
Links for the day
Russell Coker & Debian: September 11 Islamist sympathy
Reprinted with permission from disguised.work
Sven Luther, Thomas Bushnell & Debian's September 11 discussion
Reprinted with permission from disguised.work
G.A.I./Hey Hi (AI) Bubble Bursting With More Mass Layoffs
it's happening already
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 18, 2024
IRC logs for Thursday, April 18, 2024
Coroner's Report: Lucy Wayland & Debian Abuse Culture
Reprinted with permission from disguised.work
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day
North America, Home of Microsoft and of Windows, is Moving to GNU/Linux
Can it top 5% by year's end?
[Meme] The Heart of Staff Rep
Rowan heartily grateful
Management-Friendly Staff Representatives at the EPO Voted Out (or Simply Did Not Run Anymore)
The good news is that they're no longer in a position of authority
Microsofters in 'Linux Foundation' Clothing Continue to Shift Security Scrutiny to 'Linux'
Pay closer attention to the latest Microsoft breach and security catastrophes
Links 17/04/2024: Free-Market Policies Wane, China Marks Economic Recovery
Links for the day
Gemini Links 17/04/2024: "Failure Is An Option", Profectus Alpha 0.5 From a Microsofter Trying to Dethrone Gemini
Links for the day
How does unpaid Debian work impact our families?
Reprinted with permission from Daniel Pocock
Microsoft's Windows Falls to All-Time Low and Layoffs Reported by Managers in the Windows Division
One manager probably broke an NDA or two when he spoke about it in social control media
When you give money to Debian, where does it go?
Reprinted with permission from Daniel Pocock
How do teams work in Debian?
Reprinted with permission from Daniel Pocock
Joint Authors & Debian Family Legitimate Interests
Reprinted with permission from Daniel Pocock
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day