Bonum Certa Men Certa

EPO and UPC Can Become the Next 'Dieselgate'

Forum Selling Abroad
Forum Selling Abroad [PDF]



Summary: Mischievous policies in Germany and cover-up of abuses won't bode well for the nation; we're already seeing some of the pushback, but can António Campinos keep the gory details under the wraps for much longer?

THE U.S. Patent and Trademark Office (USPTO) must wrestle with -- or blatantly disregard -- 35 U.S.C. €§ 101 in order to grant a software patent and even then, even if such a patent gets granted, it is likely that courts will throw it out. In this morning's Daily Links we included a number of new examples. There are court cases all the time and they always end up the same way. SCOTUS has in fact just rejected more attempts to revisit Alice, so patent litigators must be depressed.



"We've long argued that this underlines the urgency of passing UPCA and kicking off UPC. They hope to have crooked courts whose attitude towards these IPs/EPs would be very lenient."When it comes to software patents in Europe, they're also unlikely to withstand a court's scrutiny and we'll elaborate on that in a later post (later this morning). We sometimes refer to these as Invalid Patents (IPs) instead of European Patents (EPs). The European Patent Office (EPO) does not seem to care about patent validity anymore, based on its own actions.

We've long argued that this underlines the urgency of passing UPCA and kicking off UPC. They hope to have crooked courts whose attitude towards these IPs/EPs would be very lenient. They have control over judges' appointments and reappointments. Rumours say they want to put Battistelli at the top of it (instantaneously rendering it crooked).

"These people are looking to make themselves relevant with more litigation cashflow, that's all..."With only days until the Brexit deadline (I'm not in favour by the way) it should become apparent that the UPC isn't happening. So Team UPC has already shifted the debate to whether or not something similar to the UPC can be explored which excludes the UK (that would require redoing the whole ratification process, having already done a lot of rewriting, which can take years). Over at IAM, Battistelli's UPC propaganda mill (they're paid for this propaganda by Battistelli's PR agency), we learn that "Sir Robin Jacob says Unified Patent Court is still alive; other European countries still want UK to be part of it. He is going to the Hague on thursday to discuss #PharmaBioIP" (this is an IAM event and not a direct quote).

So they try to attract attendants based on what they want to hear. Benjamin Henrion meanwhile pointed out that "Software patent boosters at IAM conference on Biotech in London "He has significant expertise in artificial intelligence and deep learning based technologies, and is the lead for the firm’s AI practice group" https://www.vennershipley.co.uk/resources/events/pharma-biotech-ip-iam-event …"

Lying to himself and to others. These people are looking to make themselves relevant with more litigation cashflow, that's all...

It's not about constitutionality or science or public interest. It's pure greed. Their own.

"The typical proponent of software patents almost always misses the point that having more and more patents has nothing to do with innovation, only the number of restrictions (monopolies)."Henrion has also noted: "There might be UPC soon to the scalp list: "Et cela m’a par exemple permis de participer activement à la mise en échec d’une directive européenne sur les brevets logiciels ou à la censure constitutionnelle de la première loi Hadopi." https://pascontent.sedrati-dinet.net/index.php/post/2020/01/24/Un-systeme-de-retraite-cybernetique …" (it's all in French)

And right now in FOSDEM he distributes shirts that protest UPC, in particular its envisioned effect on software patents ("Looking for 30 people to wear a tshirt against Unitary Software Patents at FOSDEM. 20y ago, Stallman on software patents https://ajt.iki.fi/travel/osdem/ : "A big program always operates in the scope of several dozen patents, and it is impossible to keep track of them all").

The typical proponent of software patents almost always misses the point that having more and more patents has nothing to do with innovation, only the number of restrictions (monopolies). In the case of programming, it is exceptionally harmful.

It is meanwhile being pointed out that, as per this tweet and this paper [PDF], Germany is striving to be Europe's Eastern District of Texas, all at the EU's expense. This can only harm the image of the EU and of Germany (if people find out, as they did about Dieselgate or Emissionsgate). "Are German District Courts (Landgerichte) attracting #patent litigation by refusing to stay infringement proceedings pending invalidity challenges? So argues provocative article by Bechtold, Frankenreiter & Klerman, "Forum Selling Abroad", https://southerncalifornialawreview.com/wp-content/uploads/2019/07/92_3_Klerman_487.pdf …"

"They won't prosecute anyone if or as long as this is profitable and the public still tolerates it; it's like another Dieselgate in the making.""It's a racket," I responded. "And to break this racket one must first understand EPO corruption in Munich and [the UPC's] assault on the Constitution."

Henrion quoted: "With the UPC agreement in Europe, Düsseldorf is reaching for the crown among the patent court venues in the world. The patent chambers of the regional court and the court of appeals of Düsseldorf have more patent cases than all other courts in Europe [...] Germany's pro-patent litigation agenda has even drawn unprecedented public criticism from Switzerland's Federal Patent Court on Twitter, raising the question of whether German regional courts are engaging in "forum-selling"..."

"The EPO likes to boast/brag about Switzerland being most innovative, based on number of patents per capita, but what proportion of these applicants possess Swiss nationality (unlike the company)?"So the German government in Berlin looks the other way while EPO management commits crimes in Munich and it ultimately harms the general image of Germany. They won't prosecute anyone if or as long as this is profitable and the public still tolerates it; it's like another Dieselgate in the making.

One attorney who is habitually critical of the UPC wrote: "The map shows the residence of the #patent applicants versus the residence of the inventors and, basically, tells us what we already knew: Switzerland attracts companies (tax heaven) which, in turn, employ educated foreigners, expecially in Pharma (see Basel), who are commuters..."

The EPO likes to boast/brag about Switzerland being most innovative, based on number of patents per capita, but what proportion of these applicants possess Swiss nationality (unlike the company)? These tough questions may help reveal that things aren't the same as what superficially meets the eye.

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
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.
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."
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
 
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
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
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
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
IBM's Senior VP of Infrastructure is Out, Silent Layoffs Still Going On
Some people imagine the CEO will also "retire" very soon (and "ahead of time")
Gemini Links 09/09/2026: Mechanical Cameras, "Super App", and Prusa Issues
Links for the day
SLAPP Censorship - Part 177 Out of 200: Manosphere Without Financial Transparency
It has moreover replaced a female worker with a male
Deadline Tomorrow (10th of September) to Appeal the EPO's Fleecing of Staff (Union to Make Legal Challenges)
Join them. Fight the good fight.
linuxstans.com Died, Then Came Back as Slop (LLM Junk)
Don't make the mistake or the assumption that merely 'dabbling in' or 'experimenting with' LLMs can be forgivable as it is a trust destroyer
Links 09/09/2026: GAFAM Fatalities in Miami International Airport, "Britain’s Health Crisis Is Becoming a Political Crisis"
Links for the day
Gemini Links 09/09/2026: "Adjective Is Subjective" and Walled Gardens
Links for the day
Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026