Bonum Certa Men Certa

What Team UPC Wants: Patent Trolls, Unified Patent Court (UPC), Software Patents, and Supplementary Protection Certificates (SPCs)

Bristows EPO



Summary: Increasing levels of agenda-setting 'dressed up' as "news" or "information" give rise to new dangers in Europe, notably an agenda of few global law firms rather than that of scientific and technological advancement -- the very thing the patent system always proclaimed to be in favour of

THE judgmental, fundamental errors made by the USPTO in recent decades can in fact -- in our very humble assessment -- be attributed to lobbying by law firms (a lot of competition-related problems there aren't attributable to patent reform but the legal chaos that preceded reform). They -- lawyers, attorneys, clerks etc. -- really profited a great deal from all the trolling and in recent years that sort of stopped, giving way to more productive work rather than prohibitive litigation costs. The EPO, however, strives to move in the same direction as the US 'dark ages' -- the ages of the Eastern District of Texas and the era of Randall Rader (as chief at the Federal Circuit). This is very troubling to us, having watched these things since before Techrights even existed (I've been writing about patents since I was about 20).

"They -- lawyers, attorneys, clerks etc. -- really profited a great deal from all the trolling and in recent years that sort of stopped, giving way to more productive work rather than prohibitive litigation costs."World Intellectual Property Review (WIPR) has just published this report about American and Korean companies fighting over patent infringement in Germany. So guess whose lawyers are hired. This may be good for some German law firms, but celebrating this would be a mistake (along the lines of championing the Eastern District of Texas, which nowadays repels actual businesses). To quote WIPR:

Engineered materials company Rogers Corporation, based in the US, has sued Korean chemical and auto parts manufacturer KCC Corporation for patent infringement in Germany.

Rogers announced yesterday, June 5, that its German subsidiary had filed the lawsuit in Düsseldorf, citing infringement of European patent number 1 061 783. The patent is called “Ceramic-metal substrate, particularly multiple substrate”.

According to Rogers, KCC has infringed the patent by offering in Germany direct bonded copper (DBC) substrate master cards that contain patented features.


So Europe is becoming a platform for patent aggressors that aren't even European. This is only good for lawyers and we know at whose expense, right?

IP Kat, a lawyers-run site (they used to have more academics there, but they've left or are on 'Sabbatical'), carries on with its rather horrific agenda of patent maximalism, including advocacy of UPC, software patents and so on. It seems as though the site is now dominated by Team UPC, as we last noted a couple of days ago.

"The feline blog is in decline. It even embraced censorship of opposing/dissenting views because the goal is agenda-setting, not an open forum."Eibhlin Vardy, by writing about "the EPO's Patenting of Artificial Intelligence conference" a couple of days ago, carries on with the EPO propaganda that's labeling software patents "AI" in order to bypass the rules and eventually grant bogus patents. Her second post is just marketing from a law firm: "Following on from this morning's post reporting on the EPO's Patenting of Artificial Intelligence conference, Katfriend Gwilym Roberts of Kilburn & Strode provides an insight into the ethical dilemmas that arise in this area. This one should provoke discussion and debate!"

There's almost no debate there. It's more like a commercial -- the very type of stuff that caused staff to leave IP Kat. The feline blog is in decline. It even embraced censorship of opposing/dissenting views because the goal is agenda-setting, not an open forum. Why bother commenting?

Eibhlin Vardy preceded this 'commercial' with a 'report' which merely amplifies or helps EPO with its lobbying event (advocacy for software patent applications). Some of the 'usual suspects' are named again (Lievens, Ménière, Philpott). These are patent maximalists who blatantly promote software patents. To quote:

The first two keynote speakers analysed AI as a driving force of the 4th Industrial Revolution (4IR). Clare Dillon, a technology evangelist, gave an insightful introduction into the topic and shared her vision on the formula of success for AI, namely the combination of ‘Technical innovation + digital culture + economic viability’. Her presentation was followed by another keynote speaker, Yann Ménière (EPO Chief Economist), who highlighted the dramatic increase in patent applications related to smart objects within the last several years. A third keynote speaker Koen Lievens (EPO Director) explained how the EPO examines patent applications in the area of AI.

[...]

As Grant Philpott (EPO Chief Operating Officer ICT) noted in his concluding remarks, adapting the patent system designed for hardware innovation to the virtual world of software innovation has been a long and difficult process, but ultimately, Europe and the EPO have succeeded in developing a highly methodical approach to the patenting of CIIs, which is firmly rooted in EPC case law and EPO practice. However, as AI software becomes super-software, incredibly powerful and versatile, the challenges for our patent system are likewise significant. Events such as this help us to meet that change and ensure that AI and its impact on patents and patentability continues to be dealt with systematically and in line with the laws and needs of stakeholders. Only by doing so can our system provide the stability and predictability that the industry needs for its business models, and further support economic growth of Europe.


Notice the use of the term "CII", which makes it very obvious that he's just talking about software patents. They recommend new ways (or buzzwords) for hiding that. In the meantime they distribute indoctrination to examiners in the form of the Gazette, urging them to grant patents on "4IR" (and for applicants to disguise algorithms that way). It's despicable to watch and it's rather despicable that IP Kat -- now deeply and profoundly connected to Bristows -- participates in all this. Yesterday in the UPC "Pravda" blog, quite frankly as usual, Bristows' Robert Burrows was pushing the 'Bulgaria card' again (for perception of UPC 'progress') and Managing IP, another UPC booster, wrote about Supplementary Protection Certificates (SPCs), which are related to UPC and are routinely advocated by Bristows over at IP Kat. Patrick Wingrove wrote :

In addition to the European Commission’s proposed Supplementary Protection Certificates waiver, we identify the biggest SPC cases and analyse Brexit’s implications

Few issues in the IP industry are as complex, debated and divisive as Supplementary Protection Certificates (SPCs).


"Few issues in the IP industry are as complex, debated and divisive, Wingrove added later, "as Supplementary Protection Certificates (SPCs)."

Well, if they're "divisive", then that's because it's obvious who's served by them (similar or overlapping with respect to UPC) and it's only as "complex" as they try to make it in order to confuse the opposite, thereby depressing it.

Recent Techrights' Posts

Shout-out to Christine From FOSSForce
Who noticed our short story
Apple's MacOS Shows Us the Vision of Computing That GAFAM Has for Us (Digital Prisons)
Freedom means "we the people" should be in control, not people being controlled by corporations (contemporary slaveowners)
GNU/Linux Users Are Not Cheaters
The bottom line is, most cheaters use Windows
 
Microsoft Lost Nearly Half of Its 'Cash Reserves' This Past Year
Is Microsoft (MSFT) the next Intel (INTC)?
The Year Isn't Over Yet, There Will be More Waves of Microsoft Layoffs
Nowadays Microsoft just tries to conflate/equate its energy waste with "value"
Saving the Planet With Honesty, Transparency, and Sharing (Not Only of Computer Code)
GAFAM is destroying the only habitat humans and other animals have and it'll only get worse
The Corporate Media Blasted Bitcoin for Destroying the Planet and Must Do the Same to Incite the Public Against the 'Great Rigging of Wall Street' (Under the Guise of "AI", the Latest Gold Rush)
"AI" is the next "metaverse" (trailing by a few months)
[Video] Richard Stallman is Back to Halo and Gown (in Peru) With 2+ Hours of a Public Talk
The globetrotting Richard Stallman gave many talks at the end of last month
Going Strong Against the Wind
the abuse serves to emphasise or affirm the importance of what we do
Links 04/11/2024: Squashing More Software Patents and Taiwan at Risk
Links for the day
Gemini Links 04/11/2024: Typing vs Writing and a Smol (Net) Pub
Links for the day
Links 04/11/2024: LibreOffice Had Adopted PeerTube, "Hey Hi" Hype is a Threat to the Energy Grids (Worse Than Fake-Coins)
Links for the day
[Meme] Social Control Telescreens With Microphone
Nineteen Eighty-Four
Not Boycotting Apple (Yet)?
"Apple Forces The Signing Of Applications In MacOS Sequoia 15.1"
statCounter This Month: Android Has Nearly Become Twice as Big as Windows
If it happened, it would be an unprecedented milestone
Why Technical Sites Need Not Make Political Recommendations or Endorsements
Except perhaps when it's for some purely technical role, e.g. FCC chief
[Meme] Apple Freedom
Freedom is... the ability to purchase as many 'i' things as you want
"Active" as in One URL, One Emoji, and 4 Words in One Week
Diversity community in Fedora
Apple Vision Pro Has Failed, Just Like "Metaverse"
Vision Pro lacks software
Things That Can Improve Election Integrity
the first two relate to "tech"
Rigging Elections is Difficult, Cheating a Little is Not
Avoid social control media, it is the biggest rigger of all
"People who live in glass houses shouldn't throw stones"
On throwing stones in a glass house
Our Stance on Electronic (or Digital) Voting Machines
The simple activity of voting and counting ballots does not require thousands of complex machines with hundreds of millions of transistors and hundreds of millions of lines of code
Microsoft and "Retrospective Re-writing of History..."
in YouTube anyone can make stuff up (as one goes along)
This Coming Week
Go exercise your right to vote
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 03, 2024
IRC logs for Sunday, November 03, 2024
Reddit is (Still) Lying and Faking
Don't fall for this phony idea that the above sites are grassroots or edgy; they're not
Links 04/11/2024: FCC, Broadband Industry Spar Over Net Neutrality; Software Patent Squashed
Links for the day
Gemini Links 03/11/2024: Official MyGemini.Space Announcement
Links for the day
Gemini Links 03/11/2024: Election Thoughts, Plagiarism, and LLM Slop
Links for the day
Links 03/11/2024: Deere 'Right to Repair' (RoR) and "Threads Bans Anyone For Mentioning Hitler"
Links for the day
[Video] "El Movimiento del Software Libre y el Sistema Operativo GNU" by Richard M. Stallman
The footage is a bit jittery (taken with a phone apparently, and there's no tripod available), but the sound is OK and the words (in Spanish) are comprehensible
Android at New Highs (47%), Windows at New Lows (24%), Suggests Latest Data From statCounter
So the market share of Android is about double that of Windows
[Video] Richard Stallman's Talk in Spanish (in Peru Last Week)
Alternative URLs too
The Media Focuses on the Wrong Scandal
The real scandal at MIT was Gates
Gemini Links 03/11/2024: Fantasy Life Day and Worship
Links for the day
[Meme] Write Us Drivers and GTFO!
When you realise sanctioning BRICS devs goes against the community
Decommissioning Copper Lines Makes Us Less Safe
We've essentially degraded the robustness or reliability of critical systems
Life of an Addicted Lolicon Who Can Also Code
Personal blog as an open diary
[Meme] Reporting Crime is Not a Crime
Obviously!
Manchester Party for Techrights
If you choose to come, of course we'll cover the cost of the food and treats (but not travel)
Privacy is Not a Crime (in Places Where It is a Crime the Regime is Typically Very Rogue)
Also, criminals lack "privacy rights" to hide their crimes from the public
GNU/Linux "Market Share" in Lebanon More Than Doubled in a Few Months
Maybe it's a reaction to something? Assassination in Haret Hreik was in July.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 02, 2024
IRC logs for Saturday, November 02, 2024
Nearly 40 Years Without Security Incidents
People who use Windows have come to sort of "accept" that security incidents are part of life or "normal"
[Meme] The Streisand Effect
Simon says, don't bother trying to suppress facts
Streisand Effect at IBM?
Trying to silence your workers isn't the best approach. It only makes colleagues even more curious.
Microsoft is a Gift That Keeps Giving (Future Stories to Techrights)
Microsoft has been trying to silence me using dirty tricks for nearly 20 years
Elon Musk Has Trashed Twitter for Ideological Reasons (and Propping Up Trump in Exchange for Financial and Political Favours Once in Public Office)
In case you didn't leave Twitter already, consider the fact that Twitter's (or "X"... whatever!) future is uncertain
Wall Street Has Demoted Intel, Seeing There May be No Future to Intel
Intel's loss isn't a loss to us
Free Software Licence Compliance is About Security Too
Linux as de facto proprietary off-the-shelf platform
Links 02/11/2024: Many Fakes in Social Control Media
Links for the day
GNU/Linux Usage Surveys: Up to 6.8% (With ChromeOS, Based on StatCounter) in Desktops/Laptops and Above 2% in Steam
Today StatCounter starts releasing graphs based on data for November
Gemini Links 02/11/2024: Petscop, Jokes, and RetroChallenge
Links for the day
Links 02/11/2024: Temu EU Probe and Shorts Trademark
Links for the day
The "Luddite" Complex
Sometimes simplest is best and sometimes "modern" is designed not with the buyers' interest in mind
SCO's Darl McBride Dead at Age 64
There's hardly any information about it, except we know he reached bankruptcy and 3 years later he died at a relatively young age
The 'Turning-Free-Code-Proprietary Foundation' (Linux/Microsoft Foundation)
LF will basically become just as sinister as its corporate sponsors
[Meme] Python Knows Its Bosses
Microsoft strings attached
Python Software Foundation is 'Cancel Culture' Rehomed
Python isn't grassroots and it doesn't really tolerate grassroots
DeVault "Closes Down His Mailing Lists Every Time There's a Scandal" and Also Censors Messages
Censorious code hosting platform
[Meme] Debt of About $20 Per Active User
Facebook isn't laying off tens of thousands for "efficiency" but for survival
What Social Control Media Really Is
Social Control Media, in a nutshell, isn't just bad if its controller is some foreign or hostile nation
Taking Ethics Lectures From Drew
Projection tactics
Links 02/11/2024: Facebook Stock Falls (Soaring Debt), Apple’s Quarterly Profit Down
Links for the day
Gemini Links 02/11/2024: Burnout, Emacs Bookmarks, and Smooth Migration
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 01, 2024
IRC logs for Friday, November 01, 2024