Bonum Certa Men Certa

Fake News From the EPO and Team UPC About Unitary Patent in the UK in Spite of Brexit

They said we'd have UPC ratified in the UK on March 7th. Nope! Didn't happen. As usual, it's faked optimism (a lobbying tactic akin to learned helplessness).

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



Summary: For lobbying purposes, the EPO pretends that the reality of Brexit in no way undermines UPC and proponents of the UPC (few law firms looking to profit from a transition) keep lying about it, in a coordinated effort -- EU-wide -- to induce defeatism among UPC opponents, causing political panic and near surrender amid a perceived rush, as if UPC will definitely start soon and those not joining will be left behind

THE EPO recently had the media reprint and repeat its lies, maybe owing to these massive PR contracts that Battistelli had secretly signed and later even expanded with fracking lobbyists. They are truly desperate to sell lies to the public -- as facts are not convenient -- and as we have witnessed before, that form of lobbying from paid media extends to UPC puff pieces.



The EPO makes it no secret that it meddles and intervenes in UPC matters (politics). "This online course provides easy access to the main concepts involved in patent litigation," the EPO wrote last week. The chart in the page contains a fictional (wishful thinking) element, Unitary Patent, as if they take it for granted before it even exists, except in draft papers. Meanwhile, the same media which habitually produces puff pieces for Battistelli (silly lies about Apple patents with this publication, and never even a single article about the EPO conflict) helps spread fake news about the UPC. It's lobbying disguised as news, with the headline "Unitary patent expected this year, despite Brexit" (expected by who? The liars who lobby for it? Or those who want others to believe so and then make it so?).

"The EPO makes it no secret that it meddles and intervenes in UPC matters (politics)."As we showed here before, based on a very recent poll, the large majority of patent professionals does not believe this. "EU will find a way to keep UK in unitary patent, says EPO chief" is another new puff piece. It's even worse than a puff piece; it's just a Battistelli placement, not in any way an investigative report (typical for lazy people in the corporate 'journalism' business). Éanna Kelly from Science|Business apparently thinks that copy-pasting Battistelli makes this a "report".

"Brexit is clouding its future role in the new common patent," says the author, "but Benoit Battistelli, head of the European Patent Office thinks there are ways to keep the UK in the system" (like lobbying and manipulating the media?).

"Meanwhile, the same media which habitually produces puff pieces for Battistelli (silly lies about Apple patents with this publication, and never even a single article about the EPO conflict) helps spread fake news about the UPC.""The latest EPO "puff piece"," one reader told us shortly after this press release [1, 2] (warning: epo.org links), reminds us that Battistelli keeps making photo ops with subservient British politicians who don't know what they're doing. "The patent posterboys," another one of our readers called it. "EPO President meets with Jo Johnson, the new UK intellectual property minister," says the headline. It's a lobbying trip, like the one with Lucy (exactly coinciding with the EPO strike).

Here is what this puff piece says:

EPO President Benoît Battistelli met the UK Minister of State for Universities, Science, Research and Innovation Jo Johnson in London on 8 March to discuss recent developments in patents and their role in supporting innovation. Mr Battistelli and Mr Johnson discussed the European patent system and recent reforms at the EPO to further improve the quality and efficiency of the patent grant process, ahead of the EPO's future role in the unitary patent system.

Minister Johnson said: "It was a pleasure to meet with President Battistelli today to discuss the European patent system and wider efforts to support innovation. Driving economic growth across the UK is a priority for this Government and therefore IP has never been more important." He added: "Successful intellectual property regimes protect the hard work of inventors, underpin innovative economies, and help inspiring ideas become a reality."

EPO President Battistelli said: "I was very pleased to hear the reconfirmation by the Minister that the UK government is committed to finalize the national ratification of the UPC treaty in order for the Court to be operational on 1 December 2017 and thus for the EPO to be able to deliver the first Unitary Patent at the same time."


These words (the above quotes) sent a wave of shock among UPC sceptics and antagonists, who don't know that everything the EPO says these days contains a lot of lies. Does Johnson even realise the ramifications of such a move? Brexit is not compatible with the UPC (legally and technically impossible), as we already explained in a series last year. It came in 7 parts:



A few days ago MIP posted: : "Will Poland become a safe haven from the #UPC for manufacturing/service companies? Litigation strategy panel at #patentforum2017 discuss" (there is also a photo in there, it's a UPC lobbying event/opportunity which we will revisit later).

"But if the brother of Brexit proponent Boris Johnson, together with his new friend ErdoganBattistelli, defies British law as well as common sense, then Britain will not only lose this advantage but also become easy prey to patent trolls."The UK would become that safe haven, assuming other countries go on with something resembling the UPC (they need to redo it because the UK would not participate). But if the brother of Brexit proponent Boris Johnson, together with his new friend ErdoganBattistelli, defies British law as well as common sense, then Britain will not only lose this advantage but also become easy prey to patent trolls. Why?

Well, last week we drafted a press release with FFII, with the goal of getting a debate in the British Parliament as soon as possible. We got some quotes from 3 or 4 business people (from the UK). Among the quotes put forth towards the end:



"The worst thing about this is UK companies which trade only in the UK can be hit by Patent Trolls from the EU regardless," one person wrote the other day.

An E-mail was also sent out by the FFII regarding a new UK-centric campaign against "Unitary Software Patents ratification" (to better target those who are affected in the software industry). Alex Macfie, of FFII UK, eventually sent around the following mail to FFII supporters, expressing concisely what's at stake:

Dear FFII UK supporter,

Today FFII UK is launching a campaign in order to oppose the ratification of the Unitary Patent treaty. The failed 2005 software patent directive was replaced by the Unitary Patent Court at the request of large software companies, and we are now 12 years later where they are very close to achieve what they wanted.

We are inviting to you to sign the petition, and more importantly, to call your Member of Parliament, and ask him on a parliamentary debate on the consequences of UPC on the software industry:

http://www.nounitarysoftwarepatents.uk/

The UK government wants to ratify this international treaty before the end of March, when the Brexit process starts. This can happen at any day now, and only a Parliamentary debate can stop it.

Please call your MP now, and help us to stop the ratification of this undemocratic treaty.

Best regards,


About 25 companies and more than 100 people have signed the UPC petition, in spite of not many people comprehending patents and knowing what the UPC is actually about. There is still time to sign some more and send the link around (to solicit more signatures). The date which Team UPC said would be the day for ratification is already 5 days behind, so their optimistic prediction (as always) turns out to have been bunk. Just like their job advertisements -- for openings that did not even exist and probably will never exist.

"The date which Team UPC said would be the day for ratification is already 5 days behind, so their optimistic prediction (as always) turns out to have been bunk."But don't think that Team UPC is defeated. As we shall show in the next few posts, Team UPC works tirelessly and resorts to dirty tricks in an effort to ram the UPC down the UK's throat by this month's end. They know it's going to take a miracle, or simply mischief. Bird & Bird, a large part of Team UPC (trying to profit from this), wrote this a month ago: "#UPP2017 insight. Want to know how to prepare for the #UPC and #UnitaryPatent this spring? Okay, @twobirdsIP have got you covered: pic.twitter.com/TuN3wiRl7r"

So they're so optimistic about it that they already approach clients for money, as one might expect. One of their vocal workers, Wouter Pors, even takes advantage of Merpel's throwing of the towel to promote the UPC. Here is his self-serving (promotional towards the end) comment:

Dear Merpel,

It is indeed a pity that so far no majority could be reached in the Administrative Council to take the decisions that would improve the situation at the EPO. It is also a pity that the decision to move the Boards of Appeal to Haar, which doesn't seem to serve any sensible purpose, was not stopped by a majority in the Administrative Council. However, that doesn't mean that nothing is happening. In my view, it is important that those delegations that do strive for improvement and spend enormous amounts of time and effort to achieve positive results continue to be supported. An independent and critical press can play an important role in the process. Your posts are widely read thoughout the EPC conutries and I think it is worthwhile to keep this up.

The EPO as such is a wonderful organisation for patent harmonization and will become even more crucial with the introduction of the Unitary Patent. It is and will remain important to closely monitor developments and stimulate progress, certainly also towards and after 30 June 2018.

Wouter Pors


Wouter Pors, who has been pushing for the UPC for personal gain, weighs in and pushes the perception that the UPC is inevitable and unstoppable. This isn't the first time he comments in this British blog to promote the Unitary Patent; of course not. We covered other examples and later on we'll show how he and his colleagues in the Netherlands use their own blog to advance misleading stories.

Recent Techrights' Posts

[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
 
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
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
Under the Guise of "MIT Technology Review Insights" the Site MIT Technology Review Posts Corporate Spam as 'Articles'
Some of the articles aren't even articles but 'hit pieces' against Free software and some are paid advertisements
Brett Wilson LLP Has Track Record in Scam Coin Cases (e.g. Craig Wright and More), Now It Works for 'Crypto' Scam Purveyors
But wait, it gets worse
Exclusive: corruption in Tribunals, Greffiers, from protection rackets to cat whisperers
Reprinted with permission from Daniel Pocock
Will Brett Wilson LLP Handle Its Own Winding Up Petition or be Struck Off for Overt Abuse of Process?
Today we sue not only the first Microsofter
Links 16/07/2025: Chip Bans and Microsoft’s “Digital Escort” Program
Links for the day
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Revolving Doors: One Day You're a Judge, the Next Day You're an Attorney Paying Public Officials and Working for Violent and Dangerous Microsoft Employees
how the US justice system works
Sharing Code and Recipes
It helps explain the triviality of software freedom
Slopwatch: Noise, Plagiarism and Even Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
What are we meant to do to prevent a false association or misleading connotations? Game the LLMs? No. Boycott slopfarms.
How Many Women Has Microsoft's Alex Balabhadra Graveley Already Strangled and Where Does That End?
If you too are a victim of this man and wish to share information, contact us
Gemini Links 16/07/2025: BaseLibre Numerical System and Simple Web Browsing with TLS
Links for the day
Links 16/07/2025: Fascist Slop Takes "Intelligence" Clothing, New Criminal Case Against MElon
Links for the day
"We Might Save Somebody's Life"
I follow the example of my father
Why I am Suing the Serial Strangler From Microsoft, Alex Balabhadra Graveley, in the UK High Court This Week
Out of respect to the process and to the Court, I shall not share any pertinent details about the case
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025