Bonum Certa Men Certa

António Campinos Goes to UPC-Hostile Country, UPC Continues to Languish and Team UPC Carries on Pushing for Software Patents in Europe (Courts Also)

António Campinos for UPC
Source



Summary: The Unified Patent Court (UPC) fantasy has fizzled, but those striving to interject software patents agenda into Europe from the back door (e.g. labeling these "AI" or ignoring the stance of actual courts) aren't giving up just yet

TODAY will be mostly about USPTO matters (major things have just happened), but before we turn to that, let's look at the latest developments at the European Patent Office (EPO).



Yesterday, for the first time in a long time, the EPO did not bombard Twitter with software patents advocacy (typically 2-4 times per day, even more so lately). Even though software patents in Europe aren't allowed "as such", today's EPO is quite blatantly ignoring even its own rules, in the name of so-called 'production' targets.

Days ago António Campinos went to a nation that opposes the Unitary Patent, a Trojan horse for software patents in European courts (not just patent offices). One of the large nations that oppose the Unitary Patent (there are several, including Poland) is Spain and "[d]uring his official visit to Spain last week, President Campinos met with Ministers to discuss how to further strengthen the patent system and support innovation and economic growth," according to the EPO's tweet. From the corresponding article, which merely continues this tweet: (warning: epo.org link)

During his first official visit to Spain last week, EPO President António Campinos met with Ministers to discuss how to further strengthen the patent system and support innovation and economic growth. Meetings on Monday were held with the Spanish Minister of Industry, Trade and Tourism, María Reyes Maroto Illera, the Undersecretary for Industry, Trade and Tourism and President of the Spanish Patent and Trademark Office (SPTO), Fernando Valdés Verelst, and the Director General of the SPTO, José Antonio Gil Celedonio.


"Unitary Patent" or "UPC" isn't mentioned. The EPO too seems to have come to grips with the Unitary Patent's death (Campinos hasn't mentioned it in over two months). But Team UPC is still in denial; it is pushing UPC agenda as well as other malicious things. As a pro-UPC site put it yesterday:

In-house and private practice lawyers discussed driverless cars, protection strategies in a digital world, compulsory licences, the UPC and FRAND at the European Patents Forum in Paris


UPC is also mentioned in this new press release and a tweet from Bristows, which links to Alan Johnson. He speaks of a document that "sets out the [no 'Brexit' deal] scenarios as currently foreseen, the implications, and the actions for business and other stakeholders, concluding by recommending that businesses seek legal advice on how these arrangements could affect their business model or Intellectual Property rights."

One can interpret "recommending that businesses seek legal advice" as "go pay Bristows some money for flawed or intentionally-misleading advice on UPC."

Team UPC has no remnants of credibility by now. Every prediction it had given turned out to be false. The British Law Gazette's Michael Cross then published about this under the headline "Government admits 'no deal' could mean exit from patent court" (misleading headline).

No, you cannot "exit" something you never entered in the first place (and which does not even exist, either!). Quoting Cross:

New advice from Whitehall on the consequences for a 'no deal' exit from the European Union concedes for the first time that this could mean withdrawal from the embryonic 25-nation Unified Patent Court. Until now the government has insisted that the court, part of which is due to be based in Aldgate Tower, London, was not an EU institution and therefore would be unaffected by Brexit.

However a notice issued today by the Department for Business, Energy and Industrial Strategy states that the UK will have to 'explore whether it would be possible to remain within the Unified Patent Court and unitary patent systems in a ‘no deal’ scenario'.

The note also points out that there is still a possibility that the court may come into being in any case as ratification by Germany - which is subject to a court challenge - is still outstanding. 'If the Unified Patent Court is never fully ratified, the domestic legislation to bring it into force will never take effect in the UK.'


Team UPC will carry on misinterpreting government documents to spread the infamous two lies.

Marks & Clerk (Team UPC) has long lied about software patents (to make 'sales') and this morning we saw Marks & Clerk's Stéphane Ambrosini giving misleading advice on software patents in Luxembourg because patent courts would not honour these. Here is the relevant part:

In view of the lack of examination during the Luxembourgish application procedure, notionally all software inventions can be patented in the jurisdiction.

However, to achieve a stronger presumption of validity, embodiments of patented software inventions should exhibit a further technical effect, analogously to the legal test practised under the European Patent Convention. In practice, this means a concrete effect achieved by the software beyond the conventional physical interactions between the program and the computer on which it is run.


That still does not give it presumption of validity; European courts (not UPC) do not view software patents favourably. We have been tracking these matters for well over a decade. Going back to Team UPC's favourite platform, watch these patent zealots promoting software patents in Europe under the guise of "AI": (calling algorithms that)

Directors from the European Patent Office gave guidance at this year’s European Patent Forums in Munich and Paris on how inventors can successfully patent their artificial intelligence or machine learning solutions


Well, "AI" is merely a buzzword and one that the EPO habitually promotes as a cover for software patents in Europe. As for "machine learning", we'll deal with that in another post later today.

Recent Techrights' Posts

Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Gemini Links 19/06/2025: Unix Primitivism, Zine Club, and Gemini Protocol Turns 6 at Midnight
Links for the day
 
Links 19/06/2025: Ghostwriting Scam and Fentanylware (TikTok) Buying Time
Links for the day
Links 19/06/2025: WhatsApp Identified as Assassination 'Crosshairs', Patreon Now Rips Off People Even More
Links for the day
"Told You So": Another Very Large Wave of Microsoft Layoffs Now Confirmed in Mainstream Media
So we were right to believe the rumours, based on the credibility of prior such rumours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 18, 2025
IRC logs for Wednesday, June 18, 2025
Gemini Links 18/06/2025: Magit and Farming
Links for the day
Slopwatch: BetaNews is Now a Slopfarm (Like Linuxsecurity) and Google News is Overwhelmed by Slopfarms
The Web is bad
Links 18/06/2025: SCOTUS Decision on Fentanylware (TikTok) Still Ignored, 4.5-Day Work Weeks
Links for the day
Links 17/06/2025: Windows TCO and G7 Rifts
Links for the day
The Right to Know and the Freedom to Report on Crime (at the Higher Echelons)
I'd like to do the same thing for the next 20 years
BetaNews Appears to Have Fired All Of Its Staff
Even serial sloppers
After the Web Becomes Slopped to Death
A lot of people are rightly fed up with the "modern" Web
Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
Like Most Social Control Media, Microsoft LinkedIn is Collapsing
One reason for Microsoft acquisitions is debt-loading, i.e. offloading and burying its debt
Microsoft is Losing Its Richest Clients
Unlike some very poor countries, Germany and the EU are a considerable source of income to Microsoft
Proprietary Means Not Secure
Proprietary software tends to rely on secrecy, not good design
Slop in 'AI' Clothing is a Passing Fad, We'll Get Past It (Like Blockchain Before That)
Many people cheat in exams using slop and there are professionals that try using slop as a "shortcut"
GNOME Does Not Campaign Against Microsoft, KDE Does
It's good to see that KDE is still active in promotion of Free software - a term that it uses
Slopwatch: BetaNews, Linuxsecurity, and Other Prolific Slopfarms
name and shame the sites that establish such proliferation of slop
Gemini Links 18/06/2025: Birch Lake and Loon Pond
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 17, 2025
IRC logs for Tuesday, June 17, 2025
Links 17/06/2025: "The Grift Economy" and Kubernetes Does Proprietary
Links for the day
Microsoft's "FUD-as-a-Service" (Against Linux) Not Functioning Well
This is the kind of contribution companies like Microsoft and Google have to offer to society
Betanews Becoming a Slopfarm is "Betanews Growing Alongside You", According to Betanews
Their first 'article' in over two weeks is 52% "AI-generated" (slop), 33% mixed (edited slop), 18% human-written, says an advanced scanner.
Coffee Day and LLM Sloppers
The LLM slop "bros" are a lot like fake-money bros; they lie to people, they boast that they lie to people, and they're generally bad people, BS artists in colloquial terms
Double-Dipping the Docket for Microsoft Glory and Censorship of Microsoft Critics
same lawyer, same barrister, all US, all Microsoft
TheLayoff Censorship of IBM Threads Has Gone Truly Ludicrous
we do not argue that TheLayoff should not cull LLM slop
More Stallmanites Added to FSF Board and Summer Fundraiser Commences
There's some good news from the FSF
Gemini Links 17/06/2025: Consistency and Notes About NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 16, 2025
IRC logs for Monday, June 16, 2025