09.28.17

The EPO Continues to Lie About the UPC and About SMEs, Even Several Times Per Day Now

Posted in Europe, Patents at 9:31 am by Dr. Roy Schestowitz

Russian flats

Summary: The extent of the EPO’s distortion of facts and misrepresentation of stakeholders keeps peaking, with lies ranging from patent quality to desirability of the UPC

THE EPO is in disarray. Despite the fact that the UPC (which Battistelli bet on) is going nowhere — unlike Battistelli who is going away in summer — the EPO is now sending the judges to exile. Earlier today it wrote: “At the beginning of October 2017 the Boards of Appeal are moving to a new location. All details about it here: http://bit.ly/2uV6VRR” (epo.org link).

The EPO isn’t giving up. The UPC is effectively dead (or dying). Even the mainstream media starts to accept it and law firms with stakes in the UPC have begun suggesting that the UPC should get scrapped (for them to start again from scratch). This is in spite of the EPO already polluting European media with money (for puff pieces). Earlier today the EPO wrote: “Looking for an all-encompassing guide for the Unitary Patent? Download the “Unitary Patent Guide” from our website http://bit.ly/2xuHsjV pic.twitter.com/GKCFsDZJiD” (epo.org link).

See how detached (from reality) they are? They already market something that does not exist.

“Brexit has thrown into doubt the future of the Unitary Patent Court,” according to this new article, whose title may be a little misleading because just like the Scottish media that's composed by Team UPC (who needs journalists when you can just give the platform to lobbyists, who do it for ‘free’?), this one is composed by Gill Grassie? Is she a journalist? No. “Head of Contentious IP at Brodies LLP…”

To quote some bits:

Brexit has thrown the future of the Unitary Patent Court, the first truly pan-EU patent system, into doubt and its immediate fate now lies in the hands of Scottish MSPs, who are debating the matter at Holyrood.

The Unitary Patent Court (UPC) is intended to improve the current European patent system, under which parties have to litigate patent disputes in individual national courts in the relevant member state.

[...]

Regardless of Brexit, it will allow Scotland’s SMEs, and its burgeoning tech and life sciences sectors, to obtain pan-EU coverage of their inventions and at what should be affordable costs.

The alternative is to be left behind and be forced to rely on the old, more cumbersome EU patent system if patent protection over the whole EU and the UK post-Brexit is required.

Notice that same old “SMEs” line and the nonsense about UPC being desirable. It’s not. It’s desirable to the writer and her employer, that’s for sure. And they produce nothing but paperwork.

Regarding that “SMEs” nonsense, which we last mentioned last night (there are rebuttals too), yesterday the EPO kept promoting this lie; they do it several times per day now. “Patents help small businesses thrive,” the EPO wrote. “It’s not only us who believe that. These 12 SMEs stand as proof: bit.ly/SMEstudies2017 #IPforSMEs pic.twitter.com/UxsIe6HRij” (12 carefully cherry-picked SMEs or patent trolls, chosen for propaganda purposes).

Then again this morning the EPO wrote: “In collaboration with renowned IP experts, @EPOorg has published a set of 12 case studies on SMEs from across Europe. http://ht.ly/GVNN30fsLqe” (completely insulting, unscientific ‘studies’ and not from “renowned IP experts”, whatever IP means, probably patent maximalists).

Quality of patents at the EPO continues to slide. There are now CRISPR patents at the EPO — a point we recalled in light of this report from yesterday:

On September 18, 2017, District Judge Vernon Broderick (S.D.N.Y.) denied Petitioner George Schlich’s (“Schlich”) petition pursuant to 28 U.S.C. § 1782 for discovery from Respondents The Rockefeller University, Luciano Marraffini, Vedder Price P.C., and Thomas Kowalski, for use in opposition proceedings pending before the European Patent Office (“EPO”).

Schlich is Intellia’s European patent agent and claims that Intellia’s co-founder and her colleagues are the rightful inventors of CRISPR/Cas9. The Broad Institute, Inc. (“Broad”) is a research institute that works with partner institutions, including The Rockefeller University. Intellia filed four oppositions with the EPO seeking revocations of Broad’s PCT patents, arguing that under European law, the patents are not entitled to claim the benefit of the filing date of U.S. provisional applications because they do not name the very same inventors as the provisional applications, and thus, are rendered invalid by intervening prior art. Broad argued that under U.S. law, complete identity of inventors is not required in order to obtain the benefit of the earlier applications.

So the EPO’s misguided policy is already having an effect overseas, too. We wrote about 70 million dollars in 'damages' last night and today there’s this report suggest that to one giant $2,500,000,000 for a patent is not enough. These are the sorts of companies that drool over the UPC. To quote:

District of Delaware says addition sanction in is not warranted in Idenix v Gilead “given that the result of that misconduct is a cure for a potentially-fatal disease afflicting millions of people around the world, and given that the jury’s damages award is already the largest damages verdict ever returned in a patent trial”

These patents, suffice to say, have massive collateral damage. If upheld (like these ridiculous CRISPR patents), many thousands if not millions of poor people can die in decades to come.

Patents are not some entertaining funny game; the implications of patent policy can decide who lives and who dies.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2017/09/28/epo-distortion-of-facts/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. [Meme] Nobody and Nothing Harms Europe's Reputation Like the EPO Does

    Europe’s second-largest institution, the EPO, has caused severe harm/damage to Europe’s economy and reputation; its attacks on the courts and on justice itself (even on constitutions in the case of UPC — another attempt to override the law and introduce European software patents) won’t be easily forgotten; SUEPO has meanwhile (on Saturday, link at the bottom in German) reminded people that Benoît Battistelli and António Campinos have driven away the EPO’s most valuable workers or moral compass



  2. IRC Proceedings: Saturday, July 31, 2021

    IRC logs for Saturday, July 31, 2021



  3. [Meme] When it Comes to Server Share, Microsoft Azure is Minuscule (But Faking It)

    Don't believe the lies told by Microsoft's charlatans and frauds; Azure has been a total failure and that's why there are layoffs as well



  4. [Meme] Mozilla Has Turned From Technical to Marketing

    Way back, long before Mozilla and Firefox got hijacked by politics (turning Mozilla into a VPN reseller that lies about its stance on privacy), geeks were driving the company, not corporate lawyers and spying/marketing people



  5. Over 1,500 (Known/Unorphaned) Gemini Capsules and Over 160,000 Page Requests in gemini.techrights.org During July

    Techrights is expanding at gemini:// (Gemini space) and over 1,500 capsules are reported to have been found (less than 4 months ago it was about 1,000)



  6. Links 31/7/2021: Kernel Additions and Linux Mint 20.3 Release Date

    Links for the day



  7. Microsoft Azure Stagnating

    Reprinted with permission from Mitchel Lewis, former Microsoft employee



  8. For 17 Days (and Counting) António Campinos Has Failed to Respond to Call for Compliance With the Law

    Team Campinos has been so arrogant and so evasive that there’s no indication (yet) that it will follow court orders (Willy ‘Guillaume’ Minnoye openly bragged about ignoring court orders and he's still cheering for the EPO's abuses); therefore, staff of the EPO takes collective action



  9. Raw: Elodie Bergot Breaking the Law by Threatening Against the Exercise of Fundamental Rights

    Over the years we saw a number of rude letters from Elodie Bergot, the grossly under-qualified spouse of a friend of Vichyite Benoît Battistelli; most of these we never published (we already have these and can always publish if the need arises), but those paranoid and insecure “Mafia”-like ‘cabal’ need to be exposed for the mobsters they are; for nearly a decade they’ve illegally bullied EPO staff in clear violation of the law (and for over 3 years António Campinos has kept those bullies on board); why does Europe do nothing and why is it never holding high-profile abusers accountable (only low-level facilitators)? Is it because the EU too is being infiltrated by them?



  10. Linspire Should Be Avoided in 2021 Just Like It Was Avoided 14 Years Ago

    The brand "Linspire" was brought back, but the agenda seems to be more or less the same, namely pushing proprietary software and serving Microsoft's commercial agenda (in 'Linux' clothing)



  11. The Death of Freenode Would Be Freenode's Own Fault

    Freenode is going dark and now it’s asking people to create accounts at IRC.com (just to get back into the network that they may have already occupied for decades) as if Freenode owns “IRC” as a whole



  12. Links 31/7/2021: KDE Progress and Activision Catastrophe

    Links for the day



  13. IRC Proceedings: Friday, July 30, 2021

    IRC logs for Friday, July 30, 2021



  14. The Smartest Meter of All

    Yesterday a lady came over to take our power readings (electric/gas meter); secure these people's jobs as they help protect people's privacy (dignity) at home



  15. [Meme] A Web of False Dichotomies

    A reminder that Techrights is fully available (all blog posts and wiki pages) in gemini://



  16. Freenode Shrinks by Another Quarter and Gemini Continues to Grow (For Techrights at Least)

    Freenode continues to perish faster than we've imagined; it's a good thing that we've had contingencies set up; regarding the monopolised and increasingly centralised Web, we're still making baby steps towards weaning ourselves off it



  17. Links 31/7/2021: Wine 6.14 and Chrome 93 Beta

    Links for the day



  18. European Media Does Not Care About Europe's Second-Largest Institution Crushing Basic Laws and Fundamental Rights

    New video about the latest publication from SUEPO (the EPO’s staff union); it was published yesterday, seeing that the “Mafia” (what EPO staff actually calls the management!) hasn’t done anything to comply with a wide-ranging set of court rulings from ILO-AT; why has the media said nothing about this and what does that say about today’s media? The material is all in the public domain, in widely understood languages, and SUEPO spoke about it more than 3 weeks ago.



  19. Links 30/7/2021: Distro Comparisons and Tootle Introduced

    Links for the day



  20. [Meme] Enforcing ILO-AT Rulings...

    We’re still waiting for a statement — any statement (direct or indirect) — from EPO management, seeing that almost a month has passed



  21. 'Open Source' as a Failed Initiative

    A closer look at the dire state of the Open Source Initiative, or OSI, which no longer protects Open Source (let alone software freedom) but instead helps openwashing, Microsoft entrapment, and a coup against the FSF



  22. [Meme] Rowan and António Sittin' on a Tree...

    How much longer can Team Campinos keep issuing tons of noisy and self-congratulatory puff pieces to (perhaps) distract from the elephant in the 10th floor of the Isar building (EPO HQ)? Staff won't wait for eternity.



  23. IRC Proceedings: Thursday, July 29, 2021

    IRC logs for Thursday, July 29, 2021



  24. Half the People in This Letter Are IBM Employees

    IBM seems to be continuing its war on the FSF because IBM wants to own everything (CentOS being ‘canned’ was just part of the plan)



  25. The OSI Song

    The sad demise of OSI, which has become little but a front group of proprietary software companies in pursuit of openwashing services (and outsourcing to proprietary disservices looking to eradicate copyleft)



  26. [Meme] OSI is Doing Just Fine

    So what if OSI is run by someone who raised money from Microsoft (to sell Microsoft a keynote slot in a copyleft event — the thing that Microsoft attacks through GitHub!) while funnelling the OSI's funds to a serial GPL violator?



  27. The OSI's Defunct Elections (Privacy Breach), Conflict of Interest (Nicholson), and Other Lingering Problems

    The above, together with an email from the OSI below, serves to show they’re re-running a bad election and — yet worse! — there appears to be a conflict of interest implicating the OSI’s sole member of staff!



  28. Links 30/7/2021: Audacity 3.0.3 and KD Chart 2.8.0

    Links for the day



  29. Links 29/7/2021: siduction 2021.2 and Xubuntu 21.10 Dev Update

    Links for the day



  30. GitHub is Racism

    Microsoft has the world's most racist code hosting repository; it wasn't like this when Microsoft took over as the racist policies were added to impress Donald Trump, who would later rig a procurement/tendering process to bail out Microsoft (10 billion dollars from the Pentagon, i.e. taxpayers)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts