Bonum Certa Men Certa

Team UPC Still Twists and Fabricates Statements to Make It Seem Like Unitary Patent is Happening Soon

In an effort to resurrect the UPC, which is in a limbo, a retreat to "alternative facts"

Halloween decorations



Summary: The Unified Patent Court (UPC), a terrible system which was envisioned and covertly constructed by those who stand to benefit/profit from injunctions and trolling, is not going anywhere, but media which is dominated by Team UPC would have us believe otherwise

THE EPO, aided by IAM these days, still spreads the UPC agenda. It's also aided by IP Kat, which is now dominated by the most hardcore elements of Team UPC. The end result is a lot of misinformation from those who stand to benefit from such misinformation.



"The end result is a lot of misinformation from those who stand to benefit from such misinformation."The most hardcore elements of Team UPC are lying. They lie a lot. Routinely. Then there's Bristows. It's an element or firm which is probably falsifying UK-IPO statements and is now trying to salvage something in Estonia. It's James Boon's turn. Estonia was mentioned in relation to the UPC last year, though it's not a large stakeholder at all. It barely has a say on the matter. What about the UK or Germany? Well, they'd rather not say. What about France? The patent microcosm keeps pretending that the UPC is coming soon because of the election of Macron. See what's in this new post which says: "The focus this year is the role of patents in Standard Setting Organizations and Agreements. The upcoming European Unified Patent Court (UPC) is heaving in the background. This week’s French election signals to me that UPC will move forward and likely begin operation in 2018."

How on Earth? What does that have to do with UPC? That France isn't leaving the EU? That alone? Statements like "signals to me" are better rephrased as "I hope" ("because I would profit from it"). Battistelli's political party actually lost the election; it didn't make it past the first round even!

"The most hardcore elements of Team UPC are lying. They lie a lot. Routinely."Yesterday we found this tweet about an article whose headline is a self-serving lie. It claims that UK-IPO "confirms" a "UK ratification" of UPC, but they said "future steps", not "ratification". They confirmed nothing. This is a distrotion of words again -- one we can compare to what Managing IP and Bristows did a couple of months ago!

The relevant part says this: "A spokesperson for the UK's Intellectual Property Office (IPO) told Out-Law.com that while some work has already been undertaken towards UK ratification, it will be for "the next government" to complete "future steps"."

But it doesn't say what the headline says. They're lobbying. They twist words again.

Watch what German elements of Team UPC are saying: "Packed house this morning for our breakfast session on #UPC and #Opt-Out. @ahaertel is giving a concise overview."

"They're lobbying. They twist words again."It looks like a room full of people in suits, not technical people like scientists and engineers, so we assume that it's just another patent microcosm echo chamber, or a 'circle-jerk' of UPC hopefuls.

A UPC critics cites this talk with "Conclusion: The UPC/UP system is moving closer to becoming a reality," but it's more of a wish than a reality. This links to Bond Dickinson LLP‏, whose post says: "The announcement on 28 November 2016 that the UK intends to ratify the Agreement suggests that the political appetite for the UPC/UP regime is still present, notwithstanding Brexit."

But that was before several serious setbacks, including the upcoming election. Why do they not mention this? Well, it's a business site, not a news site. They try to sell something!

Ultimately, the Web has been polluted with a bunch of "alternative facts" about UPC and one can easily be fooled by them, especially gullible politicians who don't understand patents, patent trolls, etc.

"The system worked more or less OK before Battistelli and his UPC fantasy came along. It's time to oust both."The system has thus far worked fine for European businesses, but probably not too well for foreign giants that want to sue European businesses (with help of European lawyers). The UPC is not needed; what is instead needed is high-quality patent examination and judges who are adjuncts to the EPO. It is a damn shame that Battistelli is killing the EPO's appeal boards, undermining the prospects of justice itself and leaving it all to ruinous, expensive litigation (magnified by UPC). As one law firm put it the other day: "The European Patent Office (EPO) appeals board has considered the standard of proof required to show that an internet disclosure had been made available to the public before the priority date of a patent, and is prior art."

Nowadays, the boards are so grossly understaffed (by design) -- and are being thoroughly weakened by the month -- that we assume little/few oppositions/appeals will happen. Instead, Battistelli is turning the EPO into a production line of low-quality patents, hoping to fuel disputes at a Unitary Patent Court. The privatisation model is, defund something, make it fail, wait for the public to get angry and then demand an alternative. This is perhaps how this French politician hopes to 'sell' the UPC to stakeholders, even at the expense of appeal boards. The system worked more or less OK before Battistelli and his UPC fantasy came along. It's time to oust both.

Comments

Recent Techrights' Posts

Alex Oliva, the Potential 'Successor' of RMS, Has a New Web Site
More freedom for Alex Oliva
Azure is Turning 17 This Year, Still Losing Money and Staff
Hallmark of pyramid schemes, deriving "value" out of things that do not really exist?
 
Links 16/02/2025: Oligarchs "Collect Your Data and Control Your World", Global Temperatures Shoot Up
Links for the day
Promoting Microsoft Windows With LLM Slop
What is the policy at BetaNews regarding LLM slop?
Links 16/02/2025: "Microsoft Is Laying Off Employees" and Internal Dissent Brewing at Facebook Over Regime Complicity
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 15, 2025
IRC logs for Saturday, February 15, 2025
Links 15/02/2025: Harms to Health, Public Domain, and More
Links for the day
Gemini Links 15/02/2025: On Autistic People, AuraGem Over HTTPS
Links for the day
The Cyber Show (C|S) Speaks of the "Rise of the Nerd Reich."
This 'Valentine Episode' is quite good
Strong Momentum for the Free Software Foundation (FSF) as Winter Approaches Its End in Boston or in the Northern Hemisphere
FSF's founder, Richard Stallman, gives another talk in Italy in 9 days from now
The 'Drunken Plagiarists' Are Harming Journalism About GNU/Linux
They lessen the incentive to do real journalism abut GNU/Linux
Female Nazis and racist Swiss women
Reprinted with permission from Daniel Pocock
Richard Stallman on RISC-V and Free Hardware
Invidious is under attack by Google
Links 15/02/2025: Erasing of American Science and Tesla SLAPPing Critics
Links for the day
IDG 'Reviews' of GNU/Linux Now Contain LLM Slop
It's typically ads or commercials... or sometimes spin disguised as news
Gemini Links 15/02/2025: Spectacles and "Before Sunset", Moving Domains Out of the US
Links for the day
Microsoft Has Only $17,482 Million Left, "Cash on Hand" Sank 40 Billion Dollars in 2 Years
Microsoft runs low on money in the bank
YouTube Layoffs Mean That YouTube is Still Losing a Lot of Money (Net Income or Profit Almost Definitely Negative)
In more recent years Google defunded many vloggers
In Gopher and Gemini Protocol People Abandon Services Based in the United States
There's no resistance whatsoever
Python and Microsoft: Pandas Should Have Known OpenDocument Format (ODF) and Microsoft Excel Are Different and Competing Things
now we're meant to think that in order to open ODF files we need some functions with "Excel" in their name
Not Only Windows, Surface, and "Hey Hi" PCs; Microsoft's Hardware Ventures Are a Dumpster Fire; HoloLens Mixed Reality Hardware Now Axed Altogether and Staff is Miserable
Microsoft is in a terrible state
Certificate Authority (CA) Let's Encrypt Now Down to TEN (0.3% of the Whole) in Geminispace
The number of capsules that use Let's Encrypt is, according to Lupa, about to fall to single-digit figures
Links 15/02/2025: University Price Hikes and Copyright Action Against Slop Companies
Links for the day
Slopwatch: All Those New 'Articles' Are Fake and Crafted by Chatbots (LLM Slop)
Google News is promoting these as "Linux" news; they're not even made by humans
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 14, 2025
IRC logs for Friday, February 14, 2025
Gemini Links 14/02/2025: Mysterious Friend and "Eight by Eight"
Links for the day
They Will Never Leave Linus Torvalds Alone, Rust is Just Another Way to Cause Instability and Infighting in Linux
We already identified the Rust "community" as troublemakers more than 5 years ago and we wrote about the evidence
Apple: Social Justice or Social Nationalism?
Remember to buy Apple, folks
Links 14/02/2025: Mass Layoffs at Sophos, Chatbots Failing Very Badly, "DOGE as a National Cyberattack"
Links for the day
Moving Away From Certificate Authorities (CAs) Like Let's Encrypt Means Taking Away From the US Government the Power to 'Censor' Sites by Revoking Certificates
Gemini capsule is cheap to run and easy (easier than a Web site) to maintain. More people disillusioned and frustrated with social control media flock to it.
BetaNews' Managing Editor Wayne William Took Charge of GNU/Linux Articles and His Articles Are Real (He Actually Wrote Them)
We are frankly relieved to see that Wayne William recognised the problem and did something about it
Links 14/02/2025: Publicity Rights Violated (ByteDance), Bribes to Trump Passed via Social Control Media 'Settlements' Again
Links for the day
Gemini Links 14/02/2025: Constitution, Cosmic DE, and More
Links for the day
Slopwatch: Anti-Linux Articles Published by Bots, Dominating Google News
So a lot of the Web is Microsoft chatbot-generated anti-Linux FUD
Links 14/02/2025: Measles Outbreak in Texas, Zelensky Warns Russia Will Attack a NATO Country
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 13, 2025
IRC logs for Thursday, February 13, 2025