Bonum Certa Men Certa

Almost a Month Later Lies Persist About the “Fate of the Unified Patent Court” and Software Patents It Was Supposed to Introduce/Cement

It's as if judges and even Justices don't exist to them when the outcome is considered 'inconvenient'

JWP Patent and Trademark Attorneys



Summary: Three weeks down the line in Lexology we're still seeing denials of reality itself; in addition to this, law firms are attempting to persuade companies to pursue software patents which courts would very likely throw out

WE RECENTLY completed a 20-part response to the UPC propaganda that followed the FCC's decision 24 days ago in Germany. There's an index for this response and one reader suggested collating such series to make mini-books or whatever. But these rebuttals are always "work in progress" and we did not expect the propaganda to ever stop completely. Are law firms trustworthy? Are lawyers lying for a living? Yesterday we stumbled upon a new example of it (yes, almost 3 weeks late), which contained lies and total nonsense from a law firm. "It is no secret that the headquarters of UPC in Paris, London and Munich are ready to start their case-law activity," it said.



"Imagine someone saying that Corbyn is ready to take up his duties as British Prime Minister. As of days or weeks ago, Corbyn isn't head of his party, let alone the party that's in power."Tomasz Gawliczek (JWP Patent & Trademark Attorneys) has just had it promoted/elevated to Lexology, where statements such as these will certainly be greeted by a wider audience, mostly lawyers. They keep lying to one another about what happened (while talking about the judge's wife and other such gossip).

To say that "headquarters" of UPC (odd term to use) in London "are ready to start their case-law activity" is just insane. They cannot do so legally, they lack the actual staff, they lack the authority and so on. This ignores reality! And what about Brexit? Imagine someone saying that Corbyn is ready to take up his duties as British Prime Minister. As of days or weeks ago, Corbyn isn't head of his party, let alone the party that's in power. But here go the dreamers, providing exceptionally poor legal advice in their official site and elsewhere:

The entry into force of the Unified Patent Court requires ratification of the UPCA by at least thirteen EU Member States, including three in which the highest number of European patents is validated, i.e. designated as territories of target protection. Until now, those countries were France, Germany, and the United Kingdom. France was the first to ratify UPCA, followed by the United Kingdom. As soon as the creation of a unitary patent court appeared to be possible in the near future, Brexit became a reality. Legally, the UK, if it so wished, could remain a member of the UPC system even outside the EU. Such a solution could be deemed feasible, as suggested by Alexander Ramsey, the Chairman of the UPC International Preparatory Committee in the 2019 interview. The problem is that the UK, after leaving the Union, does not want to recognize the jurisdiction of the European Court of Justice at all. This condition is however required to some extent in order to participate in the UPC.

In the light of problems resulted from Brexit, those interested in establishing the UPC are now closely observing the German Constitutional Court in Karlsruhe. As announced at the beginning of 2020 (more than three years later), this court is expected to consider a constitutional complaint seeking to determine whether the UPCA complies with the German Basic Law. During the ongoing negotiations and preparations, it has been long speculated that the German Court is waiting for the final resolution of the Brexit issue – a claim that was strongly denied by one of its judges, Justice Huber, just last year. However, if Germany withdraws from the UPC project without taking responsibility for its finalization, the unified patent court will undoubtedly remain just a project.

It is no secret that the headquarters of UPC in Paris, London and Munich are ready to start their case-law activity. If London withdraws from the project, it is unofficially assumed that Milan may take its place. After nearly 50 years, it seems that the time has come for the UPC to come into being. Europe is once again waiting in anticipation together with a large number of patent holders.


What anticipation? Whose anticipation? Lawyers like the author of this? And what "patent holders"? Large pharmaceutical companies? The law firms that work to get them lots of patents? The UPC isn't wanted or desired by inventors. It's a lie. UPCA wasn't even drafted for them at any point.

"So here we are still having to respond to rather basic and easily-debunked falsehoods."We knew the UPC lies would likely persist for a while, but it has now been nearly a month since the decision and Coronavirus lock-downs have not put the cork on these mouths. So here we are still having to respond to rather basic and easily-debunked falsehoods.

Yesterday we also noticed Andrew McGettrick (HGF Ltd) advocating software patents in Europe and more specifically in the UK, which does not allow them (it has its own laws). These law firms are pursuing illegal means by misusing buzzwords ("AI" and "Computer-Implemented" in the headline!) that the corrupt European Patent Office (EPO) management openly and blatantly recommends as means for breaking the laws associated with patents (EPC). Here's a portion:

With recent advances in computer technology, AI and ML are increasingly being used in products and services for the healthcare industry, such as in breast cancer screening, stroke detection and patient monitoring, and to assist in the creation of new drugs and antibiotics. Statistics from the World Intellectual Property Organisation also show increasing numbers of AI related patent applications being filed in the Life and Medical Sciences sector. It is, therefore, important to understand what types of invention can be protected in this area and why.

[...]

In another interesting development, we have now seen written decisions issued by the European Patent Office on some landmark cases relating to AI. In 2018, two European patent applications were filed by Stephen L. Thaler declaring an AI entity DABUS as the sole inventor. The European Patent Office objected to this, and a hearing was held with the applicant. A decision was issued in November 2019, with the full written rationale following in January 2020.

In short, the EPO decided that an AI entity could not be named as an inventor, and so the applications were refused on the basis that no valid declarations of inventorship were filed. The rationale of the European Patent Office was that inventors needed to be natural persons. In addition, DABUS was neither a natural nor legal person and so could not hold property. Therefore, there could be no transfer of ownership of the invention from DABUS to the applicant.

Thus, for now at least, it appears to be impermissible for an AI entity to be named as an inventor on a European Patent application. It remains to be seen, however, whether more widespread inventing by AI entities could lead to a change of law in the future.


Notice how the piece conflates two different things; one aspect is patents on "statistics" (maths) and another is the question about algorithms being listed/classified as inventors. If one looks at the actual headline, the sole purpose of this piece is to advocate software patents and the rest is unrelated waffle. This too has become rather common as they piggyback hype wave and vague concepts rather than actual substance or matters of law, science, etc.

"This too has become rather common as they piggyback hype wave and vague concepts rather than actual substance or matters of law, science, etc."We never truly expected UPC advocates to stop lying. UPC has long been a Trojan horse for software patents (which 'ordinary' European patents courts consistently reject, citing the EPC), so we more or less expect EPO and its allies (CIPA et al) to carry on pushing this "buzzwords agenda" championed primarily by the two stooges with no background in science but extensive background in lying (politics). Heck, even the US has become more strict on these matters, especially because of 35 U.S.C. €§ 101.

Recent Techrights' Posts

Slopwatch: A Cause for Hope, the Hype is Dying
For about a month we showed that becoming a slopfarm - for several weeks - resulted in utter failure and ruin for BetaNews
The EFF Sided With the Team That Strangles Women and Tells Women to Kill Themselves
They say that apathy and inaction are a form of a "stance"
Exemplary List of Things That Are Not Artificial Intelligence or Even Intelligence
The "age of AI" or "era of AI" or "AI revolution" mostly boils down to rebranding, just like "the cloud"
GitHub Copilot Can Cause the Bankruptcy of GitHub to Come Sooner and GitHub to be Shut Down Just Like Skype
Some publicly available information suggests that even for each paid subscriber for plagiarism (LLM 'coding') GitHub Copilot still loses more money than it makes
Our Lawsuits Against the 'Cancel Mob' (Ringleaders) Helped Reduce Anti-Free Software Online Abuse
That's not to say that lawsuits are the best way to handle terrible people. But that can help.
 
Microsoft - Like IBM - Does the "Relocation" Tricks (Start Over Elsewhere, Then Get Sacked by Microsoft)
It is a "low blow" or a "dick move"
After the Free Software Foundation's Campaign to Raise Money Let's See Campaigns to Finish Off Microsoft (Vista 11, GitHub etc.)
Microsoft is in effect collapsing
Your Publications Have No Major Impact Unless or Until You "Get Some Heat"
we're on the right track
Links 11/07/2025: Censorship Worsening, 3D Printing Success Stories, UK and France Unite Around Nukes
Links for the day
Gemini Links 11/07/2025: Zorin OS and Scriptonite Updates
Links for the day
Links 11/07/2025: Hardware, Russia, and China
Links for the day
Links 11/07/2025: Intel Collapsing and Microsoft Resorts to Bribery to Push Slop Via Obligatory Education
Links for the day
"Nat [Friedman] and [the Serial Strangler From Microsoft] Were Always Exceptionally Close," Says Former Housemate and Colleague
Now Alex (hiding behind another name when that suits him) not only attacks women but also people who merely report what he did to women
New Letter From the European Patent Office Explains How the Office Plots to Grant Many Illegal Patents, a Self-Fulfilling Prophecy of 'Growth'
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO)
Abuse of Process
5RB is employing people who help violent men
What Microsoft's Nat Friedman and Microsoft Lunduke Have in Common
"Get in da car; No time to explain, loser"
Microsoft and IBM Don't Have Much of a Future (They Mostly Pretend at This Point)
IBM and Microsoft are in some ways alike but in many ways different
It's Not Just Twitter (or X.com) That's Dying, Microsoft's Equivalent is Dying Also
Unable to find a business model
Wayland is Bad for the Planet
If you use Wayland, it'll take you longer to accomplish tasks and you will consume more energy (or battery life)
Legitimising Those Who Sabotage You
Microsoft is a very malicious company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 10, 2025
IRC logs for Thursday, July 10, 2025
On Microsoft Layoffs
we might be looking at about 60,000 Microsoft layoffs since 2023
EPO Management Already Breaks Its Own Promise (Lie) on "Bringing Teams Together"
This gut-punching move happened just 2 days ago
Gemini Links 11/07/2025: Occupation of 2025 and "Old Man Yells At Soundcloud"
Links for the day
Tomorrow is the Last Day of the Fund-Raising Campaign of the Free Software Foundation (FSF)
They will probably extend the date, as usual
Fixing Patents in Europe, Little by Little (by Transparency and Reporting of Suppressed Facts)
Tomorrow and throughout the weekend we shall focus some more on the EPO
The Two Lies Microsoft is Telling in "the News" This Week (to Distract From Layoffs and Decreased Interest in Slop/Chaff)
Microsoft is run by liars and frauds who SLAPP critics
Tux Machines Already Destroyed SLAPPs
Attacks on the mere publication of GNU/Linux news won't be tolerated
PCLinuxOS is Available for Download Again
PCLinuxOS is important to us also because its founder, back then the partner of Susan, helped create Tux Machines more than 21 years ago
Links 10/07/2025: Microsoft E-mail 'Services' Collapse Again, "Yet Another Strava Privacy Leak"
Links for the day
Gemini Links 10/07/2025: Automating Git Repo Updates and Small Web 'Zine'
Links for the day
GNU/Linux Leftovers
mostly Linux stuff
Audiocasts/Shows: Going Linux, FLOSS Weekly, and RHEL Clones
3 new picks
We Are Already Fighting - With Considerable Success - SLAPPs in the UK
we intend to tell the full story
Bullies With Pens and Papers (or Apple Macs With Templates)
Not all barristers are evil, but there are perhaps "rotten apples"
Slopwatch: webpronews.com, linuxsecurity.com, linuxjournal.com
a pile of trash disguised as 'articles'
Links 10/07/2025: Linda Yaccarino Divorces MElonazi Site, Wildfires Hit Syria
Links for the day
The History and the Policy of the EPO's Stance on Breastfeeding (Corporate Monopolies Versus Babies' Health)
"The Case for Introducing a Breastfeeding Policy at the EPO"
Gemini Links 10/07/2025: Inventing Chords and "Nightmare Boss"
Links for the day
Igor Ljubuncic Once Again Shows That for Technical Reasons Wayland Still Sucks, Performs Considerably Worse Than What Existed for Decades
That is aside from compatibility factors and other crucial factors
Links 10/07/2025: "Apple Vs The Law" and Twitter Became Full Nazi Bar
Links for the day
Unable to Find Anyone to Work as Their Media Lawyer, Brett Wilson LLP Will Continue Losing Female Staff
What sort of sick person would wish to join Brett Wilson LLP to carry this baton?
Microsoft-Sponsored Propaganda Site Has Removed False 'Hit Piece' About Dr. Stallman (With Fake and Misrepresented Imagery) But Only After 4 Years
So they only removed that page some time around 2025, i.e. about 4 years after it had been published
Always Check Your Inputs
Garbage in, garbage out. Or wrong assumptions, wrong corollary.
Dan Neidle Said That Tax Evasion Facilitator Mr Zahawi (Working to Silence Bloggers Through Brett Wilson LLP) Targeted Not Only Him (But The Others Kept Quiet)
"Mr Neidle said after repelling Mr Zahawi he was contacted by bloggers and tweeters who had received similar threats. They deleted their work “and in most cases never commented publicly on anything again”."
SLAPP Funding Transparency Urgently Needed in the UK and Elsewhere (in Practice, Not Just in Theory)
Writing about crime - including Microsoft crime - is not a crime
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 09, 2025
IRC logs for Wednesday, July 09, 2025
Elodie Bergot Still Doing Illegal Things at the EPO, Based on the Local Staff Committee Munich
They keep taking away from the staff while compelling the staff to do illegal things
Gemini Links 09/07/2025: Extreme Testing and Golang Documentation in Geminispace
Links for the day
Vice President of the European Patent Office (EPO) Complains That Techrights Gives Visibility to Legal and Technical Issues at the EPO
"Follow-up on enquiries relating to Dir. 1218 and 1001"
Slopwatch: linuxsecurity.com and Various Slopfarms That Lie About "Linux" and Are Promoted by Google News
Google does not seem interested in tackling this problem
Links 09/07/2025: War Updates and Microsoft Moving to India to Cut Costs
Links for the day
GNU/Linux Was Always a 'Movement' of Inclusion of Tolerance
Even the licences themselves remove access barriers
Links 09/07/2025: "Subprime AI Crisis" and "OpenAI May Be in Major Trouble Financially"
Links for the day
Huge Piles of Legal Papers ('Paper DDoS') Do Not Impress Judges and Regulators
they just make judges and regulators even more suspicious of the eagerness to resort to 'paper DDoS'
Brett Wilson LLP Sent Over 5 Kilograms (or Over 12 Pounds) of Legal Papers! Because Writing About Microsoft Abuses is 'Illegal'.
How do you guys sleep at night? On a big pile of Microsoft money?
Extremism as a Weapon Against GNU/Linux (Microsoft Lunduke)
He ought to know the Halloween Documents. Wasn't he a Microsoft employee when these came out?
Lunduke Isn't Even Hiding His Anti-Linux Agenda (From "Linux Sucks" to "Linux is Pedophiles")
just trying to make a lot of trouble
Some People Use Computers to Get Actual Work Done
Tolerance and inclusion must extend to acceptance that some people don't agree with you, might never agree with you, and imposing what allegedly works for you on them is unreasonable
Example of "Old" Things That Still Work
The notion that something being "old" implies it must be discarded is typically advanced by those looking to sell more of something
Some Scheduled Maintenance Later Today
Typically the most vulnerable service during short interruptions is IRC
Computers Are Just a Tool
People don't get married because they love weddings, folks don't join the army because they love war, and most drivers don't drive to work because they love cars
Apple Way Past Its Prime
Apple deserves a decline
The FSF's SysOps Team Recovered From Serious Hardware Issue Within Hours
About half a day ago I noticed that all/most GNU/FSF sites were not reachable and thus reached out to a contact for any details
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 08, 2025
IRC logs for Tuesday, July 08, 2025
Slopwatch: Turning Bugs Into FUD About "Linux", Getting Basic Facts Wrong
all the screenshots are of fake articles; we don't want to link to any
Technical Reasons, Not Politics: With Wayland "it feels a lot like Linux from 20-25 years ago, which is horrendously frustrating, because it feels like we wasted one or two decades of progress and stability"
Lately, quite a few benchmarks were published to show Wayland compares poorly compared to what we had
PCLinuxOS Recovering From Fire
It looks like a nightmare scenario, where even backups onsite get destroyed
Links 09/07/2025: More Heatwaves, Officials Culled in Russia
Links for the day
Gemini Links 09/07/2025: XScreensaver and Resurrection
Links for the day