02.15.18

Gemini version available ♊︎

The Latest Lies About Unitary Patent (UPC) and the EPO

Posted in Deception, Europe, Patents at 6:03 am by Dr. Roy Schestowitz

CIPA meeting with Stephen Jones

Summary: Lobbying defies facts; we are once again seeing some easily-debunked talking points from those who stand to benefit from the UPC and mass litigation

TEAM BATTISTELLI will be watching the UK today. The EPO‘s management doesn’t care about the EPO. It just wants the UPC. There’s a discussion among some patent attorneys right now about whether the EPO tries to make the UPC more attractive than the EPO/EPC. What would that say about Battistelli? Some EPO insiders believe, based on internal rumours, that he wishes to continue his reign of terror under the umbrella of “UPC” (or whatever they try to call it next).

Last night at around midnight (yes, midnight!) the anonymous “Kluwer Patent Blogger” (probably just Bristows LLP hiding its identity while it publicly lies or distorts facts about UPC) posted some more fake news about the UPC’s fake job advertisements, which in our view aren’t just unethical but should be dealt with as serious offenses (people invited to job interviews for jobs that will never exist). Bristows folks, i.e. the firm and also its staff, continue to show what a disgrace they are. They also spread some other fake news earlier this week. They just can’t help themselves.

Bristows is pretty radical even by Team UPC standards (however low these standards may already be). UPCtracker has just recalled: “From Boris Johnson‘s Valentine’s Day speech : „And as the PM has said repeatedly, we must take back control of our laws. It would obviously be absurd, as Theresa May said in her Lancaster House and Florence speeches [...] (1/2)” (there’s more there)

Thorsten Bausch‏ continued: “…such as the UPCA?”

Yes, obviously.

Even Alexander Esslinger‏, whose blog we mentioned yesterday, said: “I do not expect that the #UPC (if it enters into force) will significantly reduce the workload of the EPO BoA. 1. If an EP patent application is rejected, the UPC is of no help. 2.Oppositions are much cheaper than invalidity lawsuits under the UPC.”

Again, obviously.

It’s worth noting that none of the above (even the person who calls UPC opponents "idiots" and "trolls") honestly believes that the UPC will happen. That delusion if not lunacy is mostly Bristows’. It’s worth noting that Bristows’ person inside IP Kat stopped her UPC lobbying a few months ago. IP Kat‘s CIPA insider, however, is making photo ops with Battistelli while promoting the UPC (deception or collusion?), issuing PR to conflate/confuse UPC with EPO/EPC (which was never about the EU and predates it).

Sofia Willquist from Awapatent is the latest to piggyback this PR with this statement that she published yesterday to say:

At a meeting between the EPO and the Chartered Institute of Patent Attorneys (CIPA) in late January, it was confirmed that European patent attorneys who are based in the UK will be able to continue to represent applicants before the EPO. This means that ‘Brexit’ will not have any impact whatsoever on the membership of the UK in the European Patent Organisation, thus maintaining the number of member states at 38.

Mind what they’re trying to accomplish here. In our view, they are attempting to make politicians believe that because Britain remains in the EPO after Brexit (never mind if EPO recruitment of Brits is down by 80%) that must therefore mean that Britain is ready for the UPC. It’s a lie and it’s shrewdly constructed. It’s a lawyers’ tricks. The UPC is mentioned by name in the PR.

Meanwhile, based on this new blog post, Lisa Ouellette and Michael Risch are supplying EPO talking points (FDI); they are missing the point or several key facts and eventually sound like that so-called ‘study’ the EPO commissioned in Britain and the UK (effectively corrupting academia for lobbying purposes). From Ouellette today:

The Impact of International Patent Systems: Evidence from Accession to the European Patent Convention, which Michael Risch posted about yesterday, caught my eye as well. As Michael explained, economists Bronwyn Hall and Christian Helmers examined the impact on patent filings and foreign direct investment (FDI) for fourteen countries that joined the European Patent Convention (EPC) between 2000 and 2008. (The countries are Bulgaria, Czech Republic, Estonia, Croatia, Hungary, Iceland, Lithuania, Latvia, Norway, Poland, Romania, Slovenia, Slovakia, and Turkey.)

The premise is a false one and is hinged on a bogus correlation; it’s similar to the “patents equals innovation” canard. The number of patent filings depends on many factors including cost, patent scope and so-called ‘IP5′ dynamics. The numbers generally go up over time. There’s also a tax evasion element to it*. To suggest that investments go up owing to patents is ludicrous and dishonest.

By the way, how about those investments in European Patents (EPs) which recently turned out to be money down the drain? Like CRISPR patents…

Yesterday we saw this article titled “Cellectis to license recently-granted CRISPR patents” and it spoke of the EPO:

French cell therapy company Cellectis has announced plans to make two CRISPR patents, which were recently granted by the US Patent and Trademark Office, available for licensing.

[...]

Last year, Cellectis was granted European patent number EP3004337 by the European Patent Office (EPO) for a similar invention.

This patent would likely be voided if challenged right now. We already wrote about half a dozen posts on the subject last month.
_________
* In Italy, based on this week’s news, they too are in effect legalising tax evasion for massive corporations under the guise of “patents” (or “patent box regime”). To quote:

Italy’s patent box regime, which entered into force January 1, provides an exemption from the corporate income tax and regional tax on productive activities of 50 percent of the income derived from the exploitation or direct use of qualifying intellectual property.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Improving Gemini by Posting IRC Logs (and Scrollback) as GemText

    Our adoption of Gemini and of GemText increases; with nearly 100,000 page requests in the first 3 days of Decembe (over gemini://) it’s clear that the growing potential of the protocol is realised, hence the rapid growth too; Gemini is great for self-hosting, which is in turn essential when publishing suppressed and controversial information (subject to censorship through blackmail and other ‘creative’ means)



  2. Links 4/12/2021: IPFire 2.27 Core Update 162 and Genode OS Framework 21.11

    Links for the day



  3. Links 4/12/2021: Gedit Plans and More

    Links for the day



  4. Links 4/12/2021: Turnip Becomes Vulkan 1.1 Conformant

    Links for the day



  5. IRC Proceedings: Friday, December 03, 2021

    IRC logs for Friday, December 03, 2021



  6. Links 4/12/2021: EndeavourOS Atlantis, Krita 5.0.0 Beta 5, Istio 1.11.5, and Wine 6.23; International Day Against DRM (IDAD) on December 10th

    Links for the day



  7. Another Gemini Milestone: 1,500 Active Capsules

    This page from Balázs Botond plots a graph, based on these statistics that now (as of minutes ago) say: “We successfully connected recently to 1500 of them.” Less than a fortnight ago more than 1,800 capsules overall were registered by Lupa, almost quadrupling in a single year



  8. [Meme] António Campinos and Socialist Posturing

    Staff of the EPO isn’t as gullible as António Campinos needs it to be



  9. António Campinos as EPO President is Considered Worse Than Benoît Battistelli (in Some Regards) After 3.5 Years in Europe's Second-Largest Institution

    The EPO's demise at the hands of people who don't understand patents and don't care what the EPO exists for is a real crisis which European media is unwilling to even speak about; today we share some internal publications and comment on them



  10. Media Coverage for Sale

    Today we're highlighting a couple of new examples (there are many other examples which can be found any day of the year) demonstrating that the World Wide Web is like a corporate spamfarm in "news" clothing



  11. Links 3/12/2021: GNU Poke 1.4 and KDDockWidgets 1.5.0

    Links for the day



  12. IRC Proceedings: Thursday, December 02, 2021

    IRC logs for Thursday, December 02, 2021



  13. Links 3/12/2021: Nitrux 1.7.1 and Xen 4.16 Released

    Links for the day



  14. Links 2/12/2021: OpenSUSE Leap 15.4 Alpha, Qt Creator 6

    Links for the day



  15. The EPO's “Gender Awareness Report”

    There’s a new document with remarks by the EPO’s staff representatives and it concerns opportunities for women at the EPO — a longstanding issue



  16. IRC Proceedings: Wednesday, December 01, 2021

    IRC logs for Wednesday, December 01, 2021



  17. EPO Staff Committee Compares the Tactics of António Campinos to Benoît Battistelli's

    The Central Staff Committee (CSC) of the EPO talks about EPO President António Campinos, arguing that “he seems to subscribe to the Manichean view, introduced by Mr Battistelli…”



  18. Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

    The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all still the same



  19. Links 1/12/2021: LibrePlanet CFS Extended to December 15th and DB Comparer for PostgreSQL Reaches 5.0

    Links for the day



  20. EPO Cannot and Will Not Self-Regulate

    The term financialisation helps describe some of the activities of the EPO in recent years; see Wikipedia on financialisation below



  21. [Meme] Germany's Licence to Break the Law

    Remember that the young Campinos asked dad for his immunity after he had gotten drunk and crashed the car; maybe the EPO should stop giving diplomatic immunity to people, seeing what criminals (e.g. Benoît Battistelli) this attracts; the German government is destroying its image (and the EU’s) by fostering such corruption, wrongly believing that it’s worth it because of Eurozone domination for patents/litigation



  22. EPO Dislikes Science and Scientists

    The EPO's management has become like a corrupt political party with blind faith in money and monopolies (or monopoly money); it has lost sight of its original goals and at this moment it serves to exacerbate an awful pandemic, as the video above explains



  23. Links 1/12/2021: LibreOffice 7.3 Beta, Krita 5.0, Julia 1.7

    Links for the day



  24. Links 1/12/2021: NixOS 21.11 Released

    Links for the day



  25. IRC Proceedings: Tuesday, November 30, 2021

    IRC logs for Tuesday, November 30, 2021



  26. Links 1/12/2021: Tux Paint 0.9.27 and WordPress 5.9 Beta

    Links for the day



  27. [Meme] EPO Administrative Council Believing EPO-Bribed 'Media' (IAM Still Shilling and Lying for Cash)

    IAM continues to do what brings money from EPO management and Team UPC, never mind if it is being disputed by the patent examiners themselves



  28. The EPO's Mythical “Gap” Has Been Found and It's Bonuses for People Who Use Pure Fiction to Steal From Patent Examiners

    The phony president who has the audacity to claim there's a budget gap is issuing millions of euros for his enablers to enjoy; weeks ahead of the next meeting of national delegates the Central Staff Committee (CSC) tells them: "Events show that the delegations’ concerns about functional allowances have materialised. The lack of transparency and inflation of the budget envelope gives rise to the suspicion that high management is pursuing a policy of self-service at the expense of EPO staff, which is difficult to reconcile with the Office’s claimed cost-saving policy, and to the detriment of the whole Organisation."



  29. Video: Making the Internet a Better Place for People, Not Megacorporations

    Following that earlier list of suggested improvements for a freedom-respecting Internet, here's a video and outline



  30. Links 30/11/2021: KDE Plasma 5.23.4, 4MLinux 38.0, Long GitHub Downtime, and Microsoft's CEO Selling Away Shares

    Links for the day


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