Bonum Certa Men Certa

The UPC Scam Part V: Unitary Patent Regime a Fantasy of Patent Trolls

The undemocratic patent conspiracy (UPC): We'll just call it something misleading



Summary: "Good for trolls" is a good way to sum up the Unitary Patent, which would give litigators plenty of business (defendants and plaintiffs, plus commissions on high claims of damages) if it ever became a reality

TODAY marks exactly one week since the bizarre statement from the British government, which enjoyed misleading coverage bought/paid for directly and less directly by Battistelli's EPO.



In the previous four parts we explained the reality of the situation and in upcoming parts we'll explain why the UPC is still going nowhere -- consistent with what we have been saying for a number of years. Some words on a Web page of the British government are not enough to make the impossible (or barely possible) magically attainable.

It's worth reminding readers that the legal firm which the EPO unleashed at us for legal threats (in an effort to silence us) is itself part of the UPC's advocacy, which comes to show just how crooked things really are. Basically, a bunch of law firms are attempting to hijack the European patent system by means of endless lobbying, lies, fake (or biased) 'news', and fake job ads (for jobs that don't exist). These are some truly malicious actors. Morals don't exist because they have a mission and they are willing to combat opponents. Our activism is largely reactionary.

Who is the UPC good for other than some legal firms? "Good news for patent trolls," said this comment, possibly from Mr. Benjamin Henrion (FFII) by the sound of it.

Several days ago Patently-O wrote about last week's news, noting that "Europe may overtake the US as patent-litigation-central" if the UPC becomes a reality. Another way to put it is, Europe can become a patent trolls' hub, complete with software patents and everything they currently enjoy in the US (where they file the lion's share of lawsuits). The Unitary Patent fantasists include those who can either represent these trolls in court or represent their victims (defendants). What's not to like, eh?

Earlier today we noted that Microsoft agenda was interjected into an event that's supposed to be about "International Women's Leadership Forum" (here is the report about it). Well, Microsoft and even the UPC were interjected into this event. The latter subject was mentioned by "Deanna Kwong of Hewlett Packard Enterprise," who said that the UPC "will be "fertile ground" for NPEs," i.e. patent trolls (NPE is a euphemism).

Even MIP took note of it, writing in Twitter: "Consensus at #EUPatentUSA2016 that UPC system will attract troll-type activity - IT/TMT panel with @marksandclerk pic.twitter.com/2cbvgnBeSl"

Henrion replied with "oh really? what a surprise!"

We have been warning about this for years.

Here is the relevant part of the report from MIP:

The last six months (since the UK Brexit vote) have led to great uncertainty for Europe's planned Unitary Patent and UPC system, said Bethan Hopewell of Powell Gilbert. But much progress has been made with 11 ratifications so far and much work on the IT system, the Rules of Procedure and the financing.

The latest news, she added, is yesterday's announcement by the UK government that it will proceed with ratification of the UPC Agreement. "What needs to be worked on now is establishing certainty for industry so that the UPC is not undermined when the UK leaves the EU," she said, adding that the UK's role in the system post-Brexit remains to be seen.

Deanna Kwong of Hewlett Packard Enterprise said that despite the progress made there remains a lot of "uncertainty": "I don't know whether it will be a more favourable forum or not ... at the outset it may be a more plaintiff-friendly forum to legitimate it as a forum." Hopewell predicted it will be "fertile ground" for NPEs in the early years.

Kwong highlighted some differences between the UPC and the US system, including less emphasis on expert evidence, faster injunctions and the possibility to amend claims. "Fee shifting is a really big factor - hopefully that will be a counter-balance to the patentee-friendly aspects of the UPC," she added.


It seems like both Henrion and I noticed this at the same time. HP is admitting that the UPC would be good for patent trolls. Remember all those who used to deny it and mocked those who even dared to suggest so?

"HP says EU Unitary Patent Court will fuel trolls," Henrion later wrote.

"This is what patent prosecution & litigation in Europe will look like post-UPC," MIP added, "says Bethan Hopewell of Powell Gilbert at #ipwomen Forum pic.twitter.com/NXxNaFgAuu"

Yes, "prosecution & litigation"...

Not innovation.

Not sharing.

Not competitiveness.

Remember... "prosecution & litigation"...

That's all it boils down to and no wonder prosecutors and litigators are lobbying so hard for it. They want 'nuclear' legal wars to profit from. It's obvious at whose expense.

Recent Techrights' Posts

When (Almost) One-Man Operations Are Disguised as Medium-Sized Companies
the CEO hides in the US (hiding from his ex-wives, 4 daughters from those wives, and Sirius staff that he defrauded)
Microsoft Actually in Trouble, Microsofters Unable to Obey Judges' Orders
For the second time in a week, Microsofters are unable to obey orders
Over at Tux Machines...
GNU/Linux news for the past day
Microsoft's Debt Exploded by 15.4 Billion Dollars in the Past 9 Months Alone (Despite All the Layoffs)
As of minutes ago, at 6PM on a Friday, the numbers are made public
 
Video: The Rise of GNU/Linux and Free Software as Seen by RMS in 2004
DTP's founder argued that when Windows goes below 85% "market share", it'll lose its grip in the monopoly sense
Russia: GNU/Linux Rises to Highest Adoption Level Since Invasion of Ukraine
Moving up in the north
Microsoft's Latest Financial Report: We "Gained" 300 Million Dollars in "Goodwill" and Liabilities Grew by 32 Billion Dollars
Microsoft's debt has reached an all-time high
The Register US = The Register MS
Formerly The Register UK
Weeks After Microsoft Shut Down Its Operations in Pakistan Windows Falls to All-Time Lows
Only less than a month ago it was quietly revealed, based on laid-off staff, that Microsoft shut down in Pakistan
Criminal Behaviour is the Standard Operating Procedure at Microsoft
In the future I'll be able to tell how, when dealing with SLAPPs from Microsofters, their Microsoft services failed me and sometimes even blocked my contacts
GNU/Linux Rises to All-Time Highs in Europe
many people will get fired for buying Microsoft
All-Time Highs for GNU/Linux on the Client Desktop/Laptop, Based on Steam Survey
GNU/Linux rose to 2.89% in Steam
Links 02/08/2025: Blaugust 2025 and "Russia Declares Navalny Memoir ‘Extremist’"
Links for the day
Free Software is Not a Business Model
Go ahead, ask your friend, "how do you plan to monetise your children?"
LLM Slop Harms Real Literature, Real Web Sites, Real Journalism
LLM slop is a parasite and it'll run out of legitimate outputs
Upcoming OSI Scandal Series
The OSI is a rogue actor because it serves Microsoft in exchange for money
Slopwatch: The Issue Persists, But the Consensus in the Media Changes as Google Enrages It With LLM Plagiarism
We've meanwhile assessed the latest output from Linuxiac
IRC Proceedings: Friday, August 01, 2025
IRC logs for Friday, August 01, 2025
Links 02/08/2025: İstanbul Retail Inflation Reaches 42.48%, US FBI Opens Office in New Zealand
Links for the day
Gemini Links 02/08/2025: ZFS, LLM Hype, and Fake Modules
Links for the day
Links 01/08/2025: Health, Conflict, and Attacks on Freedom of the Press
Links for the day
Meeting (Webchat) With Maria Arranz Gomez, Florian Grundies, Jürgen Janda and Konstantinos Kortsaris Confronts EPO Management About Breaking Promises and Crushing Workers
The lack of consistent messages suggests plans other than what's advertised and the lack of consultation (secrecy) likewise
Links 01/08/2025: "The Great British Firewall" and U.S. Army Sponsors Palantir
Links for the day
For Second Day in a Row, Top Story in The Register MS is "Microsoft Says"
The editor in chief exercises control over everybody else
LLMs as Attack Method Against Free Software and Programming
DDoS in "hey hi" (slop) clothing
Stability and Reliability, Backward Compatibility
I don't fancy relying on social control media as "sources"
What "the News" Looks Like in 2025
The "says" (or "sez") phenomenon
History Will Be Distorted, Sometimes Intentionally, Under the Guise of Intelligence (Manipulated/Curated Slop)
Militarised misinformation or military-grade chaff is a national security threat, even domestically
Financial Engineering Companies: A Company Worth 4 Trillion Dollars Would Not Borrow 100+ Billion Dollars at Interest Rates Like Today's
Many headlines perpetuate the lie Microsoft had just 2 waves of layoffs
Microsoft is Googlebombing "Linux" While Paying Former News Sites to Publish SPAM
How much lower will IDG sink?
Google as a 'Bullshit Generator' Disguised as Intelligence
It'll probably cause Google to get sued a lot, both by individuals and companies
As Expected, Google in the UK Now Experiments With Slop Instead of Web Search
At this point more people ought to stop and think: Does Google's search engine deserve trust?
The Data You Don't Give Away is Your Advantage
stop sharing data that does not need to be shared
Being Obedient or Doing the Right Thing
The world always changes for the better because of people who think "Outside the Box", not the cogs
Gemini Links 01/08/2025: Happy Hacking Keyboards and New Gemini Arrivals
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 31, 2025
IRC logs for Thursday, July 31, 2025
Sabotaging Linux on Behalf of Microsoft With UEFI 'Secure' Boot (De Facto Remote 'Kill Switch'), Then Defaming, Stalking and Harassing Critics of 'Secure' Boot for 12 Years, Then SLAPPing Their Spouses and Them
The sorts of stubborn lunatics we've been dealing with
Moving on in Techrights, Geeks Gonna Geek
In the coming weeks we plan to focus (as we explained last week) on patents, GNU/Linux issues, and the occasional philosophical essays
Slopwatch: Google News Has Lost the Plot
Almost the majority of articles returned for "Linux" are fakes
Links 31/07/2025: Australia Restricts YouTube Access, Personal Privacy at Risk
Links for the day
Links 31/07/2025: Spotify Collapses and Spotify Now Forcing Some Users to Undergo Face-Scanning
Links for the day
A Lot of Supposedly "Successful" Businesses Are Just Debt-Racking Vessels Without Any Prospects of Financial Sustainability
The probability of bankruptcy of any business is more than 0%
theregister.com: The Voice of Microsoft US?
It basically sold out
Yes, You Can Love and Adore Things Whilst Also Criticising Them
Is society being divided and groomed/primed to be resistant to constructive criticism?
Links 31/07/2025: War in Ukraine, Security News, and Cyberattacks Against Journalists on the Rise
Links for the day
Gemini Links 31/07/2025: Fake Money and Gemini Diaries
Links for the day
An Illusion and Cult Worship of Magnitude (Ubiquity as "Victory")
GNU has been around for over 40 years and it'll likely continue to exist for another 40 (in some form)
Google: From Pointing to Relevant Sites to Pointing to Social Control Media to Actually Parroting Social Control Media as "Facts"
Google has become a misinformation company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 30, 2025
IRC logs for Wednesday, July 30, 2025