Bonum Certa Men Certa

The Unitary Patent and Unified Patent Court Book

It's not hard to see who's standing to benefit

applicant's firm size 2014



National origins of EPO patents 2014



Summary: The Unified Patent Court (UPC) propaganda must be confronted; there's a book in the making about UPC lies and the anatomy of this legislative coup attempt by litigation fanatics (who profit from monopolies, patent trolls and so on)

WE were recently invited to participate at some capacity in book-writing activity, having covered this matter for a very long time. See this latest series about how our predictions -- for nearly half a decade -- turned out to be true. No wonder we're cited in some scholarly publications. The references came to our attention earlier this month.



Management of the European Patent Office (EPO) loathes us so much that this site has been entirely blocked in EPO offices since 2014 or 2015. That's how these people deal with truths, criticism, and whistleblowers. Not too long ago we learned about smears that had covertly been weaponised to distract from what we write; years ago I heard some Red Scare-type tactics (basically pretending those whom you don't agree with secretly work for Russia) and none of that seems to have changed much.

We're probably the only site that properly checks on a regular basis claims and facts about the UPC. Seeing what happened to the UPC, our fact-checking paid off. António Campinos and Benoît Battistelli are nothing but professional liars; the same is true for vocal people from Team UPC. They lie through their teeth if/when the lies are perceived as "helpful" towards a particular goal. It's a lobbying strategy. The software patent proponents do the same thing, e.g. when dealing with 35 U.S.C. €§ 101. They don't typically mean "innovation" when they (mis)use that word... just ask a software developer when he or she found patents helpful to the development process...

"They don’t typically mean “innovation” when they (mis)use that word… just ask a software developer when he or she found patents helpful to the development process…"We remain dedicated to exposing propaganda, inaccuracies, and sometimes innocent misconception (spread owing to lies that get 'planted' in the media). Some days ago MME Legal Tax Compliance published "Brexit and IP-Rights - What will change?" and then promoted it through Lexology. Here's the part about UPC:

Brexit will not affect existing European patents due to the fact that the European Patent Office is a separate entity to the EU. It is more likely that the Brexit will affect the proposed Unitary Patent and Unified Patent Court providing grant of a single patent offering EU-wide protection, which the UK is currently a member of and has ratified. It currently seems unlikely that the UK will remain a member state once the transition period is over.


So the UPC cannot work; it strictly necessitates UK participation. And that's putting aside all sorts of other legal barriers. In the upcoming book I intend to focus on propaganda aspects of the UPC campaign, based on material published here in thousands of blog posts. Composition of the book or collation of material, chapters and whatnot will be done by Dimitris Xenos of the University of Suffolk (where he's a Lecturer in Law). His latest paper is entitled "The Impact of the European Patent System on SMEs and National States" and the conclusion says the following:

There is hardly any economic activity that is not, to some extent, influenced by patented technology. In some sectors, such as health care, environment, energy, security, defence and software, patents are particularly important. The democratic control of intellectual property in national markets is an essential responsibility of the state. Yet, the state is being stripped of democratic control by the EU’s new, pseudo-federal patent system.

The technocratic approach that characterizes institutional debate at EU level is convenient because a more thorough political-economic and social examination would reveal the paradox of federalization in the absence of a federation. As the EU is neither a state nor a federation, the inherently adversarial nature of the international/European patent system has already contributed to an ever-increasing transfer of wealth from less developed to more developed states. Had the EU actually been a federal state, such a transfer might have been offset by the redistribution of wealth to support other federal systems, such as education, social welfare and defence. Such a genuine federal system exists in the US, which – unlike the EU – maintains a reasonably balanced, patent import-export ratio. As a result, there is accumulation of wealth in the US which is subsequently redistributed to the common systems of the state. In Europe, the absence of federation means not only that there is little redistribution of wealth, but also that there is not much wealth to redistribute in that the majority of European patents are taken out by non-EU-based companies. Given the disadvantages under which the international patent system in Europe labours, the EU has pushed its pseudo-federalization by augmenting the key elements of its adversarial nature. First, it gives a unitary/federal effect to the European patent that increases the number of imports of patent monopolies from dozens of thousands to hundreds of thousands. Second, it abolishes national control, which results in a total loss of national sovereignty in circumstances where national control is needed more than ever because of the unprecedented increase in the volume of patent imports. The loss of national control is exacerbated by discriminatory procedures allowing foreign patent litigation in a foreign language. Such absolute surrender of national sovereignty in peacetime is institutionally and historically unprecedented. In this respect, the UPP facilitates the emergence of zombie states where democratic control and national elections play little role in state business and the well-being of the people.

The patent data confirm what is already apparent: European markets have long been dominated – and are increasingly being dominated – by large companies based in a few states, mostly outside the EU and many in Eastern Asia (China, South Korea and Japan). In the minority share of the total number of European patents, one state, Germany, has almost as many patents as all other member states of the EU combined, a situation that will become more dominant when the UK leaves the EU in 2020. The combined share in patenting of 23 member states is just 9%, and patenting is negligible in many. The EPO has been allowed to set itself beyond judicial and legislative oversight. Objective evidence reveals that the position of SMEs is very weak under the EPO regime: their share of annual European patents granted is less than 10% and 17% of patent applications. These statistical results contradict the official justification for the UPP, which focuses on the benefits for SMEs.

The current study presents a manageable methodology for the collection and evaluation of patent data. Additionally, key economic factors that determine patenting capacity have been identified and evaluated. Such a holistic approach enables us to escape the framing of the debate within the terms dictated by the EU. Democratic control and effective oversight of such major economic-political issues requires external research and evaluation. Loss of national sovereignty removes not only national control, but also the contribution of external expert opinion.


More can be found in Prometheus – Critical Studies In Innovation 51-68.

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day