Bonum Certa Men Certa

Feeling Shut Out of the European Patent System, Team UPC Persists With Misleading Claims and Falsehoods

The litigation 'industry' wants to control everything, including the underlying rules/laws

Man with shadow



Summary: Just like the patent microcosm in the US (facing 35 U.S.C. €§ 101 and the Patent Trial and Appeal Board (PTAB)), Europe's patent microcosm is looking to mislead clients, encouraging them to pursue patents which would be of no real value

THE EPO does not grant so-called 'unitary' patents. It probably never will. The USPTO grants patents that can theoretically be leveraged in any US state, but there too -- after TC Heartland (SCOTUS) -- there are serious limitations. We'll say more about it in the weekend.



Europe needs unity. But that does not mean it needs the so-called 'unitary' patent court, sometimes known as UPC or Unitary Patent. Calling litigation, raids and embargoes "unity" or "unitary" is just laughable because these things divide, they do not unite. We have spent almost a decade writing about it -- going back to the days it was euphemistically labeled "EU patent", "community patent" etc. They keep shuffling euphemisms, hoping that some nonsensical term eventually sticks. Maybe they'll rename again in the future.

In this post we'd like to draw attention to new misinformation. Earlier this week, over at the patent trolls' lobby (IAM), Melanie Stevenson from Carpmaels & Ransford LLP (together with Roger Lush and David Holland) perpetuated the famous two lies about UPC. She said this: "Looking to the future, the government proposes that the “UK should continue to participate in the unitary patent system and the Unified Patent Court that underpins it”, confirming the United Kingdom’s long-held desire to participate in this new pan-European system. The arrival of the new patent and associated court continues to be delayed by the constitutional challenge in Germany, but once that is complete the new system could be ready to launch in 2019. Further news is anticipated regarding how the government and the European Union could work together in order to preserve the geographical breadth of the new system, which is one of its key selling points."

A selling point to who? Patent trolls, sure. And their legal representatives, i.e. firms like hers.

AWA's Sofia Willquist, whom we mentioned here before, also pretends that UPC is inevitable, but the so-called 'unitary' patent is dead except in the eyes of dyed-in-the-wool believers (because they stand to gain financially). Quoting Willquist's new post: "With regards to patents, current validations of European patents in the UK will remain unaffected by the Brexit, and as set out by the UK IPO the UK thus intends to stay in the Unified Patent Court and unitary patent system after leaving the EU."

How can you "stay" in something that does not even exist? These are loaded statements. They're crafted to deceive.

Here is another new example, coming from a new interview with Kerry Flynn, vice president and chief IP counsel at Vertex Pharmaceuticals Incorporated. He said this: "In our industry we are now considering the impact of the unitary patent system and Brexit in Europe, and inter partes review proceedings in the United States."

He's alluding to UPC, which does not exist, then to PTAB inter partes reviews (IPRs), which are generally feared by companies like his. It's similar to the Boards of Appeals which Battistelli attacked so viciously for at least 4 years.

The Boards of Appeals generally help ascertain patent quality (at least in theory if not in practice too, assuming they're truly independent). The Boards of Appeals were recently brought up by Mitscherlich PartmbB's Christian Rupp and earlier this week he brought them up again:

Parameters, i.e. new medical values or ranges, are typical limiting features of claims. In the following guidance shall be given as how to avoid pitfalls in the context of parameters and claims and their associated measurement methods.

[...]

In the past, the EPO had taken the view (see e.g. T464/05 of May 14, 2007) that the absence of information in the application/patent regarding the method for measuring a crucial parameter implies substantial differences in the measured values obtainable when using one or the other of possible measuring methods known from the prior art. In the decision T464/05 this had been considered as being objectionable under Art. 83 EPC.

However, meanwhile the Boards of Appeal of the EPO have developed a more subtle approach (see e.g. T608/07 and T482/09 of 2009 and 2011, respectively). In T608/07 the Board had taken the view that an objection of insufficiency of disclosure (Art. 83 EPC) is only justified when the discrepancy in the measured values is of such magnitude that it “permeates the whole claim“ and „hence deprives the skilled person of the promise of the invention”.


As we said in response to Rupp's writings last week, the Boards of Appeals no longer enjoy even the perception of independence and the EPC no longer applies/holds at the EPO, which repeatedly violated it. Rupp would be wiser to actually tackle EPO scandals, highlighting some of the issues presently under consideration at the German FCC.

Don't expect the FCC to give the 'green light' to UPC Agreement (UPCA) ratification; besides, it can take another year if not a couple more years for the FCC to decide. By that stage, a lot will have changed; the EPO, for example, already rots. We are still deeply concerned about what Battistelli and Michel Barnier have done, knowing that France is reserved a special role in the imaginary (hypothetical) UPC. We suppose Battistelli still fantasises about making a 'comeback' as head of UPC, knowing the role is destined to be France's. Battistelli is a profoundly corrupt person with a proven history of attacks on justice, on judges, and even fundamental laws, treaties (e.g. EPC) and so on. Only a crooked or highly misled FCC would allow the UPCA to move ahead.

Recent Techrights' Posts

Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
 
The EPO's War on Techrights Was a Massive Mistake
The EPO started the SLAPPs after we had published a few hundreds of articles; we've since then published close to 6,000 because the attacks on us emboldened insiders to help us
General-Purpose Computers to Become Growing Area of Coverage
Without them, we have little left for controlling our lives
"They missed a great opportunity to shut up." -Jacques Chirac
Brett Wilson LLP has been trying to cheat the legal system many times
Harassment evidence: Switzerland, overcrowded fitness and yoga centers, incompetence and racism in accident response
Reprinted with permission from Daniel Pocock
Vincent Danjean & Debian NXIVM collateral, blackmail risks
Reprinted with permission from Daniel Pocock
In Sweden This Past Friday Richard Stallman Explained Why Copyleft is Important
And he didn't have to 'bash' BSDs, either
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025