Bonum Certa Men Certa

A Patent Office or a Lobbying Firm? 'European' Patent Office (EPO) Sticking its Nose in UPC Matters Again.

An antidemocratic process which harms Europeans is discussed/constructed behind closed doors

Trojan horse



Summary: Unitary (or Unified) Patent Court in the EU is still just wishful thinking, but those who are eager to see it materialising (the patent microcosm working for personal gain) would have us believe it'll be here "real soon now" (same thing they have been saying for years whilst endlessly renaming this unpopular effort)

The EPO's lobbying in Brussels was mentioned here earlier this year because there seems to be increased emphasis on that. The tyrant who runs the EPO doesn't give a damn about democracy and he wishes to impose the UPC regime (totally antidemocratic) on the whole of Europe in one fell swoop. Billionaires and their lawyers are looking forward to that.



Based on yesterday's live coverage of "International Patent Forum 2016", "Stefan Luginbuehl of the EPO gives an update on the Unitary Patent, the EPO's new responsibilities and the fees."

"The tyrant who runs the EPO doesn’t give a damn about democracy and he wishes to impose the UPC regime (totally antidemocratic) on the whole of Europe in one fell swoop. "The EPO's boosters (who rub Battistelli's back) keep insisting that the EPO is not pushing for or touching policy pertaining to the UPC. Either they're delusional, not paying attention, or simply lying. We have already given nearly a dozen examples where EPO senior staff goes lobbying for the UPC. Battistelli is doing it all the time. A later update from MIP's live coverage said that "Stefan Luginbuehl of the EPO gives an update on the Unitary Patent, the EPO..."

Can we quit pretending that the EPO is just taking the role of examining and granting patents? It's now somewhat of a self-serving monster striving to improve 'results' even if that requires doctoring them a little. All hail King Battistelli and kneel to his mighty globalist policy! Since when does an international body override European policymakers and influence them?

"Since when does an international body override European policymakers and influence them?"According to this legal analysis republished in The Register this morning: "Companies will be able to opt out an "unlimited" number of their EU patents from the jurisdiction of the new Unified Patent Court (UPC) at one time, it has been learned."

Well, let’s pretend that the UPC is unstoppable and only a matter of time. What we have here are self-fulfilling prophecies, especially in light of Brexit (UK exiting the EU) prospects, Spain's opposition to the UPC, and many other factors, including the end of the Battistelli era.

Watch today's UPC piece from IAM and recall that the EPO's PR firm pays for IAM's promotion of the UPC. This piece parrots the bogus EPO numbers (including from China) and says: "As this blog has noted, the latest statistics from the European Patent Office (EPO) show that this firm has plenty of company among its Chinese peers, and that the EPO filing route is attracting increased interest from the country. Applications from China jumped 22% year-on-year, which combined with greater interest from the US, helped to account for most of the 4.8% overall growth in the EPO’s application figure. Huawei came in fourth among corporate applicants to the office, with rival ZTE the only other Chinese firm among the top 25. No surprise, then, that China’s applications were skewed towards digital communication and computer technology; even if, overall, medical technology led the way in both absolute and percentage growth terms."

"There is a lot of high-budget propaganda going on right now and guess who pays the bill? Secret EPO budget."As a patent attorney, Joeri Beetz, noted a week ago, many of these patents are only written in Chinese. Should every European now learn Mandarin? Or hire lawyers who speak Mandarin? To read many thousands of patents and properly study them? What the heck is being compared here anyway? In order to promote the UPC even more, weakly tackling a common point that's often raised against the UPC, IAM also published "End of prohibition on double patenting" (cross posted). UPC propaganda money that was given to IAM seems to have been well spent. It's not too hard to see who they work for. Watch how Patently-O is already led to believe the fantasies of Battistelli, who keeps telling the media that UPC is just months away. To quote Patently-O's latest: "Within the next few months, the Preparatory Committee will wrap-up its activities and we will then await ratification by the member nations. The UPC Agreement was signed by 25 EU Member States. However, it must be ratified by at least 13 states, including France, Germany and the United Kingdom – That process is likely to be concluded this summer as well. If that schedule goes forward then the UPC may be open-for-business for the start of 2017."

Well, this is wishful thinking. There are several barriers which we wrote about before, the latest of which is Brexit (there are even greater barriers).

The UK-IPO has apparently just released "Proposed Changes to the Patents Rules". As per IP Copy blog: "The UKIPO has released a consultation on proposed changes to the Patents Rules. The deadline for making comments is 22 April 2016 (at 11:45pm). Eleven different changes are proposed which range from the helpful (providing a notice of intention to grant) to the nerdier end (removing the need to paper forms in triplicate) of the spectrum."

How many people are willing to bet that UK-IPO will continue to be the British patent authority going well into 2017? The EPO's bogus numbers would have us believe otherwise; one person who has patents at the UK-IPO and later attempted to apply for patents at the EPO is extremely furious and considers taking legal action against the EPO (albeit it's hardly possible) for what can easily be interpreted as gross misconduct (we saw documents). We are going to write about this in the future as it's currently the subject of investigation at European authorities.

The bottom line is, don't believe the EPO and so-called 'news' sites that work for the EPO when they speak about the UPC. They keep making false predictions, hoping that gullible readers will assume inevitability and naively accept these predictions as fact. There is a lot of high-budget propaganda going on right now and guess who pays the bill? Secret EPO budget.

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