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

Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
 
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market
[Video] Canonical Isn't (No Longer) Serious About Making GNU/Linux Succeed in Desktops/Laptops
Some of the notorious (or "controversial") policies of Canonical have been covered here for years
[Video] What We've Learned About Debian From Emeritus Debian Developer Daniel Pocock
pressure had been put on us (by Debian people and their employer/s) and as a result we did not republish Debian material for a number of years
Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024