Bonum Certa Men Certa

There is No Future for the UPC in Spite of What the EPO and the Patent Microcosm Keep Telling Us

...Just saying there's hope cannot in its own right make it happen

UPC article



Summary: A UPC-centric event is planned for this week, but the matter of fact is, the likelihood of the UPC ever becoming a reality (in any shape or form) is low and chances of passing it as-is are extremely slim

LATER this month the EPO will promote software patents (disguised as "ICT") in the US, as we last noted here yesterday. Starting Tuesday, moreover, there will be a pro-UPC event. This was covered a month ago by MIP and recalled in Twitter, where MIP has said: "Join us for #UPC, #UnitaryPatent & #Brexit patent discussions in Munich & Paris on September 6 & 8 - new blog post" (no longer new).



Well, Brexit effectively axed the UPC (without the UK's participation it's back to the drawing board), but some try to prop it up anyway, especially Team UPC. The "Future of UPC [is] in limbo," says the headline of this new article (screenshot above) from a patent maximalism site, Intellectual Property Magazine. As we explained here before (especially back in July), the UPC is effectively dead, if not on the ice for several years to come. The article above is behind a paywall, but here is the publicly-accessible part: [via]

When it comes to the future of the unitary patent, the only thing that is known for certain is that nothing is certain. The vote by the UK to leave the European Union has created significant uncertainty around the future viability and implementation of both the unitary patent (European patent with unitary effect or EPUE) and the Unified Patent Court (UPC).

While a final date for implementation of the unitary patent and UPC had not been set, delivery of these two landmark arrangements was on the home straight. After over 40 years in the making, the UK’s so-called ‘Brexit’ vote threatens to at best delay and at worst derail any chances of the unitary patent and UPC coming into force. So what are the prospects for their continued



"Another positive of the status quo is that the fragmentation of the EU litigation system may also have hindered trolls," Benjamin Henrion wrote earlier today. He is right. We already covered the trolls angle of the UPC many times before. So did some authors like Dr. Glyn Moody. It's not a theory or some mere hypothesis; it's a fact. The UPC is a threat to the EPO itself, as we explained a couple of days ago.

The summary of the above article says: "While the fate of the Unified Patent Court and unitary patent remains undecided, what planning should in-house counsel do in the interim?"

"The UPC is a threat to the EPO itself, as we explained a couple of days ago."Well, they can carry on as usual and stop wasting time, money and effort trying to usher in what will never happen. The UPC in its previous incarnation is nearly a decade old and it never got close to happening, in spite of all the lobbying and propaganda from the likes of Michel Barnier and Charlie McCreevy. Battistelli himself has lobbied for the UPC for a very long time and now he spends a fortune (at the expense of the EPO) doing these political stunts, presumably to get himself a top UPC position somewhere like Paris, France (based on rumours alone). The EPO even pays to have pro-UPC events in the US (home of the USPTO which is another territory altogether, where US giants pursue far more patents than they bother pursuing in Europe). The angle we typically look for with these events, as was the case in CeBIT and another upcoming US event, is software patents, or what they nowadays call "ICT" as a weasel word. We are also interested in how much money is spent on such events (a lot seems to have been wasted in Canada, as we noted last night). There is a lot of nefarious stuff going on there. For instance, a pro-UPC event in the US was organised with FTI Consulting money (the EPO pays it over a million Euros) sent to IAM, and EPO as the main/sole supporter of the event. How ridiculous is this? Remember that IAM also pretends to be covering news while producing material for the EPO like a propaganda mill.

"Battistelli's attacks on SUEPO are extremely revealing."Speaking of propaganda mills, the EPO just can't help embarrassing itself by 'spamming' universities (at 5:20 AM on a Saturday in this one particular case!). Here is the latest example, about the thirtieth by our count. They are probably running out of European universities to 'spam' at this stage, thus choosing smaller and more obscure ones.

What the heck has happened to the EPO I used to respect and send letters to (for constructive thoughts, e.g. regarding patent scope)? My close friend, a university professor who pursued many EPO patents over the years (and got them), has already grown tired of the EPO's declining quality/status and in his capacity as a head of research department he is now speaking to the university's administration about reconsideration of their relations with the EPO.

Under Battistelli the EPO truly goes down the drain and unless staff of the EPO is able to put an end to this death spiral there won't be jobs left for anyone. That would definitely harm Europe and Battistelli can go back to politics (where he came from) if something hits the fan. He's well beyond retirement age anyway (same as Willy Minnoye, who some people recently thought was leaving).

Just because Battistelli sticks/attaches an "EPO" logo (button) to his lapel doesn't mean he's loyal to the EPO. I personally feel a lot more loyal to the EPO than Battistelli has ever been (he is totally clueless about patents and demonstrably averse to science). SUEPO is hardcore loyal to the EPO, and passionate about it too. Battistelli's attacks on SUEPO are extremely revealing. These attacks have been broadened recently.

Recent Techrights' Posts

Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
 
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024