Bonum Certa Men Certa

To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

This means that another shallow attempt to nail software patents onto Europe (through courts, not patent offices) may have failed for good

Joke



Summary: The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany

THE PAST few days have been rather quiet at the European Patent Office (EPO) and its staff union, SUEPO, which posted no updates for nearly a fortnight. There are still some documents being passed around, but nothing particularly interesting. We've been keeping an eye on those.



"The EPO likes disguising software patents, dubbing them "blockchain", "AI", "ML", "4IR", "SDV, "MedTech", "FinTech, "EdTech", "ICT", "CII", IoT", "Industry 4.0" and so on."Very much as expected, a flood of puff pieces about so-called 'results' (in respective countries and sectors) are being 'reported' on; we saw several dozens of puff pieces in the UK, Germany, Poland and so on (even composed in English in countries that don't speak English). Many articles made it seem like it's a corporate competition, e.g. "Siemens is the leader in European patent applications" and "Huawei drops to 2nd place in European patent filings in 2018". We don't wish to waste time on these because we responded on the same day these 'results' came out and promised to move on to other matters. A lot of these 'new' patents are software patents. The EPO likes disguising software patents, dubbing them "blockchain", "AI", "ML", "4IR", "SDV, "MedTech", "FinTech, "EdTech", "ICT", "CII", IoT", "Industry 4.0" and so on. Sounds innovative, right? And also vague enough to mislead already-overburdened examiners.

“The backlash isn't just European but international. Ethiopians, for instance, feel robbed.”IP Kat cited Watchtroll as a source about EPO 'results' in this morning's post which, as usual, lacks any criticism of the EPO. "The Kluwer Patent Blog reports on the results of the EPO's online user consultation concerning a procedural option for postponing examination of a European patent application," it said, ignoring all the negative posts from the same author. António Campinos is in charge now, so IP Kat must act as though everything is perfect (and even delete all comments sceptical of Campinos because that's just "rude"). These people may find it acceptable that the EPO ignores the rules, ignores the courts, ignores its founding document and routinely ignores international law. It might also find the corruption, abuses and suicides acceptable. What do they care as long as there are patent applications and lawsuits? That, after all, is their business. But the sinister ongoing affairs come at a great cost, not just to the UPC but to the EPO itself. Already, as we've routinely noted here, there is more backlash against fake patents (c/f Teffgate). The backlash isn't just European but international. Ethiopians, for instance, feel robbed.

Just before the weekend we saw this press release about intent to grant; pay attention to the fact that there was an opposition, the number of which soared in recent years. To quote:

Shield Therapeutics PLC (LON:STX) said the European Patent Office (EPO) has decided in favour of the company in relation to a patent for its lead product Feracru, an iron deficiency treatment.

The AIM-listed firm said that the decision, made by the EPO’s opposition division, related to patent #2 668 175, which covers a "Process for preparing an iron hydroxypyrone".


Are examiners feeling independent enough to reject a lot of patent applications without facing 'production'-related consequences? "Professional incompetence," as the Office likes to call it? The problem is that many software patents are also being granted; these just aren't being called that as words like "AI" better disguise the real nature.

Days ago José Santacroce (Moeller IP Advisors, Argentina) wrote in Mondaq about the Enlarged Board Of Appeal's case that can put an end to software patents, but can the Board rule on it independently, as per the EPC alone rather than fear? Santacroce wrote:

The invention disclosed in European patent application No. 03793825.5 (IPC: G06F17/50) relates to a computer-implemented method, computer program and apparatus for simulating the movement of a pedestrian crowd through an environment.

The main purpose of the simulation is its use in a process for designing a venue such as a railway station or a stadium. The application is based on the insight that human interaction can be expressed and simulated in the same way as interactions of physical objects.


It's about much more than this single case. "Simulation" is the word they keep using, but by extension this may cover more or less all computer programs/algorithms. Even patent maximalists have publicly admitted this. They worry.

“It's about much more than this single case. "Simulation" is the word they keep using, but by extension this may cover more or less all computer programs/algorithms.”And speaking of public admissions, Managing IP, a key proponent/advocate of the UPC (setting up pro-UPC events for the EPO and Team UPC), has just touched the subject of UPC and it's all humour. Charlotte Kilpatrick wrote about yet another UPC 'debate' and it went like this:

The speculation was mostly humorous with panellists and audience members doubting whether or not the UPC will ever come to fruition as a complaint against it is currently stuck in the German court system. Some on the panel speculated that the courts might be waiting for the fallout from Brexit before making any ruling.

Away from the UPC, Stephane Drouin, chief IP counsel at UCB, commented on how IP is vital to industrial strategy and that UCB is committed to staying in the UK even after Brexit. Clemens Heusch, head of European IP litigation at Nokia, said in a separate talk that how you litigate a patent dispute depends on the patent and the product. He commented that for a pharmaceutical product, companies would ideally fight in every jurisdiction. If you’re dealing with mobile phones with a portfolio of 20,000 families, however, you need to pick and choose your battles carefully.


They changed subject rather fast. There's not much to say about the UPC (it's hardly being mentioned anymore, even in new articles like "Brexit: Bracing for IP Changes"). The EPO never mentions it.

We have meanwhile taken note of today's ads from Patent Docs, with the usual propagandistic headlines/titles.

“If the US software patent proponents can be forced to admit their loss (a diplomatic challenge to say the least) then it will provide leverage against the EPO's illegal activities, if only in the name of "harmonization".”
      --Anonymous
Here's one titled "JMLS Program on Oil States v. Greene's Energy and Patents as Property Rights"; No, technically and legally patents are neither property nor rights.

How about patents on life disguised as “life science”, as in this ad?

In relation to the EPO they posted this some time in the morning. Notice how American patent lawyers (the litigation 'industry') speak as though they 'own' Europe and the UPC gets mentioned only once:

The Intellectual Property Law Association of Chicago (IPLAC) International Patent Committee will be presenting a program entitled "Practical and Strategic Guide to the European Patent System: From Filing to Grant, Validation, Unitary Patent and Other Options to Obtain Protection in Europe" on March 21, 2019 from 11:45 am to 1:00 pm (CT) at DePaul College of Law in Chicago, IL. The program will provide an overview of the patenting options available in Europe (national vs. regional), the grant stage of a European Patent -- future options after grant (Unitary Patent or EP validation?), and efficient ways to obtain patent protection in Europe.


3 more lame "webinars" were advertised today -- ads that nowadays account for the majority of posts there. We used to tackle/debunk these more exhaustively/thoroughly, but it is no longer a priority.

"UPC was all along a plot to accomplish many bad things, the least of which bypassing European courts to impose or legitimise software patents in Europe."The matter of fact is that "[s]oftware patents are almost completely dead in the US," as one reader told us this morning. "I think a metaphorical stake and garlic are still needed to ensure they stay that way for the foreseeable future.

"If the US software patent proponents can be forced to admit their loss (a diplomatic challenge to say the least) then it will provide leverage against the EPO's illegal activities, if only in the name of "harmonization"."

UPC was all along a plot to accomplish many bad things, the least of which bypassing European courts to impose or legitimise software patents in Europe. That certainly has not worked.

Recent Techrights' Posts

Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
 
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025
Gemini Links 17/07/2025: "Goodreads for Gemini" and Defence of "The Small Web"
Links for the day
Links 17/07/2025: Anger and Morale Issues at Microsoft, Wars and Conflicts Get Digital
Links for the day
CALEA / CALEA2 is the Real Problem, Not Chinese Operatives Exploiting CALEA / CALEA2 (as Any Other Nation Can)
CALEA / CALEA2 is more of a front door than a back door
99.99% Uptime in First Half of 2025
Since January there was only one noticeable outage
Nils Torvalds and Anna "Mikke" Torvalds (née Törnqvis) Hopefully Use GNU/Linux by Now
"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025