Bonum Certa Men Certa

Lawyers That Lie Chronically

(Mentally) Ill man or Tilmann?

We cheated to... Win. We got... Fried.



Summary: The courts in the United States and in Europe are pushing back against the cabal of litigation firms and patent trolls; instead of evolving, as they ought to, law firms charge against truth itself

THE legal 'industry' does itself no favours any time it lies and cheats, emboldening those who accuse it accordingly.



Check what Watchtroll published today: "Using Alice’s Approach to Patent-Eligibility to Draft Patent Claims" (link omitted, as usual, but that's the headline, which can be searched).

"The legal 'industry' does itself no favours any time it lies and cheats, emboldening those who accuse it accordingly."So another patent fanatic tells us how to break the rules to get fake patents like software patents. Instead of just advising against it... knowing the extremely low legal certainty associated with those.

But wait, it gets worse. Hours ago we found this self-satirising nonsense entitled "Period of provisional application Unified Patent Court Agreement can start this year" (this is their headline, putting quotes around the lie so as to amplify it without taking responsibility for it!).

"Concerned observer" asked, having detailed the actual situation, "bearing all of this in mind, why would any sane lawyer think that it is a good idea to press ahead regardless?"

Here's the full comment, which is far more accurate than any single sentence of the anonymously posted ("Kluwer Patent blogger") propaganda piece:

“It may be derived from Art. 25(2) VCLT governing provisional application that before that date cancellation by a State is possible by simple notification”

Well, you have got to hand it to Herr Tilmann. I mean, who else could have come up with the idea that a “simple notification” from a Contracting State could have the same effect as formal withdrawal of an instrument of ratification?

I had been under the impression that, unless and until it withdraws its instrument of ratification, a State that has ratified an international treaty not only remains a Contracting State to that treaty but is also legally obliged (by Article 18(b) VCLT) to “refrain from acts which would defeat the object and purpose” of that treaty.

I had also been under the impression that Article 25(2) VCLT only applies if and when a treaty is subject to provisional application … which, of course, will NOT be the case for the UPC Agreement unless and until Germany ratifies the Protocol on Provisional Application (PPA).

Of course, if the UK does withdraw its instrument of ratification of the UPC Agreement, then this means that the PPA cannot enter into force. This is because Article 3(1) of the PPA makes the UK’s ratification of the UPC Agreement a requirement for entry into force of the PPA. It may also have terminal consequences for the whole Unitary Patent Package.

On the other hand, if the UK does NOT withdraw its instrument of ratification of the UPC Agreement, then CJEU opinion 1/09 makes it clear that Agreement will contravene EU law (at least after the end of 2020).

So, pressing ahead without any clarity regarding the UK’s position means either that there will be no provisional application period (with consequences including making it impossible to recruit judges) or that the court will contravene EU law. And this is without even considering the possibility that Germany may now be precluded from ratifying the UPC Agreement, either by the AETR case law of the CJEU or by its own Basic Law (as per para 166 of the FCC’s decision).

So, bearing all of this in mind, why would any sane lawyer think that it is a good idea to press ahead regardless?


Another commenter carried on: "and patentees worldwide are waiting for such completion of the European patent system to come for the same long period. As far as I can see, German inventors and industry are continuing their strong support for this modern system completing, at the court level, the central grant system of the EPC [.] I see you’re working more for non-EU countries. And a few select, multinational German companies, whose opinions are therefore the ones you can see. I wonder what the BVerfG will say if called upon again, and pointing to the flaws otherwise indicated in their opinion, and why Government has not commented or reacted upon those."

"So another patent fanatic tells us how to break the rules to get fake patents like software patents."And from Jan Verbist (slightly reformatted comment): "No question asked about the constitutional complaints. No mention of the court decision on “this agreement is only open to EU member states”. No mention neither of the more expensive costs of defense for SMEs [PDF]. IPO: “The costs of the new system are likely to hit SMEs the hardest.”"

As we said this morning, Germans need to press on and defend their constitution, which is under attack by Tilmann et al (see what they did to the Italians).

Recent Techrights' Posts

Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
 
Internet Relay Chat Didn't Fall Off a Cliff
IRC will turn 40 in less than 3 years from now
The UEFI 9/11 - Part V - This is Not a Drill (Disable "SecureBoot" Now)
A "9/11" Coming
There's No Obligation to Speak to Anybody
The very fact that "bkuhn" is till spending time in social control media says a lot about his poor judgment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 01, 2025
IRC logs for Monday, September 01, 2025
The Register MS Says "AI Web Crawlers Are Destroying Websites", So Why Does The Register MS Help 'AI' Companies? (Spoiler: Money)
People need to call out The Register MS on its hypocrisy
Microsoft Trying to Force People to Resign (Amid Mass Layoffs) a Strategy That Takes Its Toll
Microsoft seems to be circling down the drain and the "final flush" will be the moment the "hey hi" (AI) bubble implodes completely
Google Simply Cannot Be Trusted
Only fools would trust GAFAM
Admission That a Third Party (or Parties) Funds the SLAPPs Against Techrights
This can end up costing them over a million dollars
Modifying and Writing One's Own Computer Programs is Not a Crime (or: Google Proves That Stallman Was Right)
We're generally gratified to see so many positive mentions of him
Why We Stopped Publishing Videos (for Now)
We'll probably get back to videos one day, but it's hard to say when or to what extent
What Animal Rights Activism Teaches Us About Sympathy and Focus
It's possible to believe that the planet is warming, that we must do something about it, and still eat eggs and butter
When You Turn Web Sites About Tech Into Political Sites
A lot of people fall into the trap of catering only for particular groups
Gemini Links 02/09/2025: ROOPHLOCH 2025 and Lagrange 1.19 Released
Links for the day
Gemini Links 01/09/2025: News Corp. WSJ and A Month With NixOS
Links for the day
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
“Sideloading” Never Killed Anybody
There are many online discussions this week about the misnomer "sideloading"
Slopwatch: Google News as FUD Vector Against Linux and Plagiarism Enhancer, Serial Slopper (SS) Uses LLMs to Googlebomb "Linux"
Slop destroys the Web not just by screwing with search engines and helping plagiarists. It's also responsible for de facto DDoS attacks...
Links 01/09/2025: "Attacks on Science" and China's "Soft Power" Grows
Links for the day
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users
Links 31/08/2025: Baggage Claim Scams, an Insurrectionist’s War on Culture, and a Sudden Robotics Hype
Links for the day
Gemini Links 31/08/2025: Reviewing Netsurf and Slightly Less Historic Ada Design
Links for the day
IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
This is What Google News Has Become
Moments ago