Bonum Certa Men Certa

Unitary Patent is Not a Done Deal

Digital world



Summary: Response to erroneous claims that the back door to software patents has been successfully set up

ATTEMPTS were made to pass the unitary patents before Christmas. Did that succeed? Well, let us see what people are saying.



A critic calls it an undone "done deal" because:

Unitary patent: an undone “done deal”



On December 1st 2011, the Committee on Legal affairs of the European Parliament has published a press release welcoming with pride that negotiations about the unitary patent have succeeded in reaching a €« final agreement €» between the Council of the European Union and rapporteurs of the European Parliament. However, issues already raised by April, including questions on the legality of the adopted solution1, are not solved yet. Concerns about powers left to the European Patent Office, which is well-known for its attempts to legalise software patents2, have neither been addressed.


April wrote a press release on the subject (English version). To quote:

Members of the Committee on Legal Affairs (JURI) of the European Parliament have given a rubber stamp1 on an agreement, negotiated behind close doors2 with the Council, about the introduction of a unitary patent and a unified patent jurisdiction. Unfortunately, today's vote has failed to address major legal issues surrounding this project, which are likely to make the regulation voided by the Court of Justice of the European Union (CJEU). Moreover, the architecture of the unitary patent as voted today betrays the withdrawal from European Union (EU) legislators in deciding about EU policy on innovation for the profit of the European Patent Office, a self-governed non-EU agency, which is notably known to favour software patents against the letter and the spirit of European Patent Law.


This is thus far failing to materialise and JURI vote is all they have. There is silly talk about "green light", but do not be confused by it. To quote:

The EU came a step closer to getting a single patent system on Tuesday, when a deal struck by European Parliament representatives and the Polish Presidency of the Council was backed by the Legal Affairs Committee. The new EU patent would be substantially cheaper and thus more competitive than current ones. Parliament succeeded in adapting the proposed regime to small firms' needs.


As the FFII's president noted at the time, "JURI or EP can give as many green lights as they want, their legal construction is unstable..."

Gérald Sédrati-Dinet says: "gonna love this council doc on compatibility of #upc with opinion 1/09"

Well, the results of the JURI vote on the unitary patent can be seen here and reactions are telling:

I got a depression after reading the results of the JURI vote on unitary patent


"If Unipat was getting as attention as ACTA, it would be dead already," he wrote later. But this is far from a "done deal" and we shall keep an eye on it. Now more than ever we need to fight back and pressure politicians.

Recent Techrights' Posts

Facebook's Debt Leaps to Over 51 Billion Dollars
A lot of this is a bubble, aside from the bubble the media irresponsibly dubs "AI"
3 Days Ago Over at Tux Machines...
GNU/Linux news
Most of This Month Will Deal With EPO Scandals
A timeline of sorts
Links 01/11/2025: Microsoft Distributes Malware Again, Radio Free Asia Shut Down by Dictator
Links for the day
 
Linux.com is Becoming Microsoft
They took a once-reputable site with a vast audience and turned it into a pile of trash
Microsoft Lunduke: People Pointing Out I'm a Bigot is a Badge of Honour
It's almost as if he openly admits being a troll and is proud of it
Oracle's Debt Continues Rising to All-Time Highs, The "Slop Bubble" is a Smokescreen for Larry Ellison
wishful-thinking bubble waiting to implode completely
News on the Web is Becoming Rare, Shallow, and Difficult to Find
To efficiently and rapidly find original and important news without underlying comprehension/understanding of the news (and its context) is a hard task
Slopwatch: Linux Journal, Serial Slopper, WebProNews, and More
getting back into the habit
The Cocaine Patent Office - Part III: European Patent Office Officials Cannot Claim False Identification
Corroborating with other sources is always desirable if possible. We shall do so later in this series.
Still Catching Up, Daily Links a Top Priority
Readers who have additional information about the EPO can send it along to us
Links 01/11/2025: "Americans Are Defaulting on Car Loans at an Alarming Rate" While Many Left to Starve (SNAP)
Links for the day
Gemini Links 01/11/2025: FIFO and Gemini Age Survey
Links for the day
Why Does German Media Protect the EPO From Accountability for Cocaine?
Can we trust such media to properly inform the public?
Links 01/11/2025: Microsoft Azure Goes Offline Again
Links for the day
November is Here, Anniversary Party This Coming Friday
Expect this site to return to its normal publication pace either by tomorrow or Monday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 31, 2025
IRC logs for Friday, October 31, 2025
Gemini Links 01/11/2025: Synergetic Disinformation and Software Maintenance
Links for the day
IRC Proceedings: Thursday, October 30, 2025
IRC logs for Thursday, October 30, 2025
IRC Proceedings: Wednesday, October 29, 2025
IRC logs for Wednesday, October 29, 2025