10.13.16

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The EPO is Out of Control on (Patent) Scope and Team UPC Floods the Media in a Desperate Last Attempt

Posted in Deception, Europe, Law, Patents at 8:48 pm by Dr. Roy Schestowitz

Throwing everything that’s left (time and money) at the problem in order to throw democracy away and thwart the law

Bristows

Summary: The lack of respect for the law, for democracy and for patent scope (quality control) at the European Patent Office has become incredibly difficult to ignore

SOFTWARE patents promotion at the EPO has gotten so bad that it was done twice in one single day. Their official and verified account said “This e-course teaches you all about the patentability of computer-implemented inventions at the EPO” and also said “We will be discussing practice & jurisprudence in software-related patents in Europe & India at this event” (as a reminder, software patents are verboten both in India and in Europe).

“The EPC and the European Parliament are against this, but evidently, under Battistelli in particular, patent scope is out of control and this kind of overt lobbying has become routine.”This was done again for the third time within 24 hours. The EPO openly promotes loopholes for patenting software. The nerve…

It’s a repeat of the above: “This e-course teaches you all about the patentability of computer-implemented inventions at the EPO…” (link to the EPO’s Web site).

Why does this matter? The EPC and the European Parliament are against this, but evidently, under Battistelli in particular, patent scope is out of control and this kind of overt lobbying has become routine. It’s almost becoming a banality. We wrote about this several times last month. The “EPO’s knowledge & expertise” is leaving in droves nowadays (we have reported massive, unprecedented brain drain over the years), yet here again the EPO brags about its “knowledge & expertise”. Who are they trying to kid? Preaching to the converted?

One main problem is, if UPC schemers got their way, a lot of the above would have become easier. Software patenting will be brought to Europe by the UPC, but only if Battistelli gets his way… it would not just be a disaster to software developers but to every single user of software. The consequences would be horrific and devastating. The US, where software patents are ubiquitously used by patents trolls, is a cautionary tale.

“Software patenting will be brought to Europe by the UPC, but only if Battistelli gets his way…”We hope that EPO staff understands why we have opposed the UPC (and its predecessors) all these years. Not much has changed except the name (now it’s “unitary” and “unified” rather than “EU” or “community”). Rebranding never changed the substance and politicians including Battistelli lied about it all along.

Here is a new article from a lawyers’ site. It’s titled “What Does Brexit Mean for the Planned Unitary Patent System in Europe?”

Here is what it says (behind a paywall unfortunately, so only the patent microcosm — those paying for subscription — would be able to read and/or scrutinise it):

The Unitary Patent System and Unified Patent Court had been predicted to come into force in 2017, and it promised to be the biggest change in European patent practice in almost 40 years. Has Brexit killed the whole thing?

In a nutshell, yes! UPC is going nowhere. Does that mean that British members of Team UPC will give up? Of course not. The Corbyn-led Labour party would have no interest in the UPC (see its position on TPP) and should bury the UPC, but watch how Bristows LLP spins that. Another example of selective quoting and misinterpretation or misrepresentations, quoting other members of Team UPC as ‘proof’ of widespread support for upcoming changes? Also see this new one from Bristows LLP (aka Bristows UPC, for marketing purposes). This firm has just published not one but two UPC propaganda pieces. Shame on Bristows for attacking both British and EU democracy. What does that say about Bristows?

Another LLP, this time Pillsbury Winthrop Shaw Pittman LLP, joined in this non-stop UPC propaganda (obviously from patent law firms that stand to gain from the UPC).

“The UPC would be bad for SMEs all across Europe, not just in Britain. Every European citizen should be out in the streets protesting against it, for the same reasons CETA/TPP/TTIP/TISA etc. are widely protested against.”They know a deadline is coming up and the UPC would likely die soon, if not officially in the UK then in the whole of Europe (unless it’s renamed again and repackaged with replacement/s for London). The UPC would be bad for SMEs all across Europe, not just in Britain. Every European citizen should be out in the streets protesting against it, for the same reasons CETA/TPP/TTIP/TISA etc. are widely protested against.

Milan has been mentioned as a likely replacement for London and watch this new tweet from the EPO: “Patent professionals in Italy are welcome at this event,” it says. Notice the interesting choice of venue.

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