Bonum Certa Men Certa

Amid Referendum “the New European Unitary Patent System is Likely to Collapse Before It Started”

Trojan horse



Summary: The Unitary Patent Court (UPC) vision seems like it may be just one month away from its gradual death, depending on British voices amongst other key factors

Ericsson used to make decent phones, but it's no longer the same kind of company. Its presence in Europe is now parasitic. The company has been using patent trolls to sue companies in Europe and now there are head changes (new chief IP officer), which makes one wonder what the future of Europe holds. Might a central patent court facilitate continental lawsuits by Ericsson against a lot more practicing companies in a lot more countries? And if so, who would benefit the most?



"Might a central patent court facilitate continental lawsuits by Ericsson against a lot more practicing companies in a lot more countries?"Based on this new article by Dr. Boris Uphoff and Laura Morelli, Brexit can "stop the European Unitary Patent before it started," to quote the headline. As they put it in the opening paragraph in a patent maximalism Web site:

On 23 June 2016, the British citizens will hold their referendum on the country’s membership in the European Union. Should they vote for the UK to leave the EU (the so-called ‘Brexit’), the new European unitary patent system is likely to collapse before it started.


There are several other barriers to the UPC, including the Spanish defiance. Ignore all the promotional (often paid-for) UPC propaganda. The future envisaged by Battistelli and his corporate masters for more than half a decade is now in jeopardy and Boards of Appeal may get their solidity back (filling up vacant positions, at long last, as per the EPC). As this legal analysis from a law firm (about Article 112a EPC) put it earlier today: "It has been a long day in Munich. You have reached the end of the Oral Proceedings and the European Patent Office (EPO) Board of Appeal announces its decision, which is final . . . or is it? When the updated European Patent Convention (EPC) 2000 came into force in December 2007, it also brought a new provision that allows a party to request decisions of the EPO Board of Appeal to be judicially reviewed by the Enlarged Board of Appeal. [...] While statistics show that petitions for review at the EPO have an extremely low likelihood of success, if the Board of Appeal has an incorrect composition or has committed a procedural or even criminal violation, that long day in Munich may not necessarily be the end of your case."

"Battistelli needs to go away along with his UPC fantasy."In reality, based on many people's experience (I wrote to the Enlarged Board of Appeal a long time ago), these boards are probably one of the strongest elements of the EPO and eliminating them to give way to the UPC would be a horrible mistake. The system worked reasonably well in the past; what Battistelli does is attract patent aggressors, welcome more spurious litigation, software patents, patent trolls, and unprecedented cronyism. Battistelli needs to go away along with his UPC fantasy. He brought to the EPO nothing but a crisis.

Recent Techrights' Posts

Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from disguised.work
 
Chris Rutter, ARM Ltd IPO, Winchester College & Debian
Reprinted with permission from disguised.work
[Video] Microsoft Got Its Systems Cracked (Breached) Again, This Time by Russia, and It Uses Its Moles in the Press and So-called 'Linux' Foundation to Change the Subject
If they control the narrative (or buy the narrative), they can do anything
Links 19/04/2024: Israel Fires Back at Iran and Many Layoffs in the US
Links for the day
Russell Coker & Debian: September 11 Islamist sympathy
Reprinted with permission from disguised.work
Sven Luther, Thomas Bushnell & Debian's September 11 discussion
Reprinted with permission from disguised.work
G.A.I./Hey Hi (AI) Bubble Bursting With More Mass Layoffs
it's happening already
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 18, 2024
IRC logs for Thursday, April 18, 2024
Coroner's Report: Lucy Wayland & Debian Abuse Culture
Reprinted with permission from disguised.work
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day
North America, Home of Microsoft and of Windows, is Moving to GNU/Linux
Can it top 5% by year's end?
[Meme] The Heart of Staff Rep
Rowan heartily grateful
Management-Friendly Staff Representatives at the EPO Voted Out (or Simply Did Not Run Anymore)
The good news is that they're no longer in a position of authority
Microsofters in 'Linux Foundation' Clothing Continue to Shift Security Scrutiny to 'Linux'
Pay closer attention to the latest Microsoft breach and security catastrophes
Links 17/04/2024: Free-Market Policies Wane, China Marks Economic Recovery
Links for the day
Gemini Links 17/04/2024: "Failure Is An Option", Profectus Alpha 0.5 From a Microsofter Trying to Dethrone Gemini
Links for the day
How does unpaid Debian work impact our families?
Reprinted with permission from Daniel Pocock
Microsoft's Windows Falls to All-Time Low and Layoffs Reported by Managers in the Windows Division
One manager probably broke an NDA or two when he spoke about it in social control media
When you give money to Debian, where does it go?
Reprinted with permission from Daniel Pocock
How do teams work in Debian?
Reprinted with permission from Daniel Pocock
Joint Authors & Debian Family Legitimate Interests
Reprinted with permission from Daniel Pocock
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day