03.21.17
Gemini version available ♊︎What the Patent Microcosm is Saying About the EPO and the UPC
The patent microcosm is the military-industrial complex of the patent world
“In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.”
Summary: Response to 3 law firms and today’s output from them, which serves to inform or misinform the European public at times of Big Lies and fog of (patent) war, revealing the true nature of 21st century asymmetric patent warfare and lobbying
THE EPO is not the only ‘department’ accusable of spreading lies. Around the EPO — just like the USPTO for that matter — there are various legal firms looking forward and eagerly awaiting for a bite at the EPO’s corpses (like hyenas).
“The last thing Battistelli wants is a process that helps highlight (or quantitatively determine) the rapid demise in patent quality under his watch — something which insiders believe is intentional.”Simon Kahn of Boult Wade Tennant, for example, has just published this article that helps remind us that patent parasites and trolls will benefit if Battistelli gets his way (eliminating patent quality, oppositions, appeals and so on). “Nevertheless,” Kahn notes, “the low cost of EPO Oppositions and their central effect on the European Patent across all the countries in which it is in force, still makes them a valuable tool. It should be borne in mind that an Opposition can only be filed within nine months of the European Patent’s grant, so keeping track of patents in relevant sectors can be of great benefit.”
Battistelli shortens such appeal/opposition windows, raises the associated costs, understaffs the appeal broads, demotivates them and so on. The last thing Battistelli wants is a process that helps highlight (or quantitatively determine) the rapid demise in patent quality under his watch — something which insiders believe is intentional. We recently published EPO leaks (from which the EPO attempted to distract on the same day) that show admissions from the inside that patent quality control is an utter disaster.
“If they’re not a mere victim of EPO deception, then they are willfully complicit in a disinformation campaign, which doesn’t bode well for Awapatent (albeit Battistelli will love them for it, forever and a day).”As is usual, patent law firms are too afraid to express their concerns about all this (maybe because they benefit financially from overpatenting, or maybe for fear of retaliation). Earlier today Awapatent took the role of Battistelli and EPO ‘mouthpiece’, repeating claims about EPO ‘results’ and even repeating patently false claims. If they’re not a mere victim of EPO deception, then they are willfully complicit in a disinformation campaign, which doesn’t bode well for Awapatent (albeit Battistelli will love them for it, forever and a day).
Speaking of patent law firms that spread lies, watch this latest Bristows tweet and corresponding — cough cough — article. They are are lying about Germany again (we debunked this in [1, 2], among other posts). They say a German “bill makes it possible for Germany to ratify the Agreement on a Unified Patent Court (UPC)(Drucksache 18/11137 here) and the other to implement the unitary patent system into German law (Drucksache 18/8827 here).”
“Don’t they realise that they actively work against everyone in Europe except themselves, and possibly their largest clients that are not even European (American pharmaceutical giants, for instance)?”Actually, as per the rules, it’s probably an invalid ‘vote’, more like a publicity stunt from Team UPC. A 1:30 AM (yes, AM!) vote with just 5% of the German politicians is about as valid one person in a classroom coming to school at 4 AM to act as a Students’ Union. As one can imagine, patent lawyers’ media continues to promote these claims, but the “UPC is clearly against the interest of Europe (except some law firms in Europe, preying on legitimate businesses),” I told them.
Well, to their credit, they did share my words to their followers. Don’t they realise that they actively work against everyone in Europe except themselves, and possibly their largest clients that are not even European (American pharmaceutical giants, for instance)? The patent microcosm is doing a lot to disgrace itself each time it lies to the public and to public officials about the UPC (and its effects on European businesses), in a purely lobbying (in nature) effort to tilt laws in their favour. █
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