Bonum Certa Men Certa

Rise in Patent Trolls' Activity in Germany Noted Amid Declining Patent Quality at the EPO

And even without/before something like the Unified Patent Court (UPC) is introduced to augment their scope of damage

Europe-Asia in globe of Earth



Summary: The UPC would turn Europe into some sort of litigation 'super-state' -- one in which national patent laws are overridden by some central, immune-from-the-law bureaucracy like the EPO; but thankfully the UPC continues its slow collapse

BATTISTELLI has failed miserably as head of the European Patent Office (EPO), which he ran a lot longer than usual and then left in the hands of a fellow Frenchman, whose appointment he lobbied for. Here we are in 2018 and there's no Unified Patent Court (UPC) and the European Patent Convention (EPC) is severely violated. The EPO is a pariah institution unable to attract any talent and Britain seems to be moving away from the European Court of Justice (ECJ), rendering the UPC moot. As for Germany, seeing violations of the EPC (big part of the constitutional complaint), it can't go on; do not expect it to ratify anything. It will just hope that people forget about the whole thing while it rots away. They won't want to admit culpability, including 'banana republic' German politics at 2 AM in the morning (we covered this utterly embarrassing episode several times before and Bristows deliberately mischaracterised it time after time).



"They won't want to admit culpability, including 'banana republic' German politics at 2 AM in the morning (we covered this utterly embarrassing episode several times before and Bristows deliberately mischaracterised it time after time)."Bristows's latest UPC propaganda (for the first time in weeks) came out thrice in one day. That was yesterday. Nothing from Germany, which is where the main question/barrier lies, just some fluff about the Preparatory Committee, the Hungarian political/court system, and also the Bulgarian one. Those countries don't really matter to the fate of the UPC; it's France, Germany and the UK that matter because their signature is imperative. Britain cannot participate and Germany may take a number of years to decide on the constitutional complaint, so don't expect any developments in this space any time soon. Battistelli is leaving next month. Even IAM, which his PR firm paid for UPC promotion, no longer seems to believe that UPC will ever materialise. Hours ago it wrote from an IAM-run event covering UPC among other things (patents in cars): "UPC - if it happens - will make little difference at first. Why would you use it, when you can go to a German court and get an injunction in less than 12 months? Hogan Lovells partner Benjamin Schroer..."

"It would be overwhelmingly negative for people of Europe and firms of Europe -- a fact that Team Battistelli and Team UPC passionately deny or lie about."UPC would be good for litigation firms and some foreign (non-EU) firms. It would be overwhelmingly negative for people of Europe and firms of Europe -- a fact that Team Battistelli and Team UPC passionately deny or lie about. The UPC would be fantastic to patent trolls and the demise of patent quality at the EPO already contributes to this.

A few hours ago IAM tweeted that "Germany is becoming more and more attractive to NPEs [patent trolls]. Maybe Ray should be more worried than he is! - Wilmer Hale partner Justin Watts," tying this to another tweet quoting Volvo (Sweden): "Up to now 100% of our NPE exposure has been in the US. NPEs in Europe do not keep me awake at night - Millien, Volvo [...] Don't underestimate China, says Volvo's Millien. I talk to chief IP counxel there who put many chief IP counsel in Europe and US to shame..."

Remember that IAM still denies that trolls even exist, not only that they're a problem. Germany is becoming more and more attractive to patent trolls, says Wilmer Hale, who reaffirmed what IP2Innovate keeps saying, backed by hard numbers.

I responded to IAM with: "But how can this be? IAM wrote long 'articles' (propaganda) denying what IP2Innovate had shown about patent trolls in Europe (did IAM lie?)" (IAM knows who its sponsors are).

"UPC's intended effect is to override national patent laws and courts, basically enforcing even software patents in nations that strictly forbid these."Remember that IAM will soon have Battistelli as a keynote speaker. He will be promoting software patents under the guise of "4IR" -- a relatively new buzzword/term the EPO invented and promoted by paying the media (corrupting journalism basically). Hours ago it tweeted: "We looked at #4IR from the perspective of patented inventions. Here are the results: http://bit.ly/4IR_findings #wef4ir #ioT #AI #fourthindustrialrevolution"

IAM quoted from its event: "Currently about 10% of a car is composed of software. In the future that will be 30%, says Volvo's Millien. The risk is that this will lead to patent litigation..."

"This is seductive to law firms."Only if Battistelli, IAM and others like them succeed in bringing software patents to Europe. They have been working towards that for years. UPC's intended effect is to override national patent laws and courts, basically enforcing even software patents in nations that strictly forbid these. This is seductive to law firms.

Found via Team UPC and Prospect a few hours ago is this new article, mostly behind paywall about the "farce" which is the "European patent court". To quote:

This is the business end of Brexit, when all the contradictory promises and impossible dreams come face-to-face with legal reality. Usually we only notice this when it’s about trade, but the same is happening all over society, from security to rules around food recipes. This is the tawdry story of what the government did—and didn’t do—with patents, and why it is now stuck with a series of mutually incompatible promises which are about to collide headlong into one another.

It starts with Theresa May saying one thing and then proceeding to do exactly the opposite. In October 2016, she told the Conservative Party conference that Britain would leave the jurisdiction of the European Court of Justice (ECJ). Then, the next month, the government confirmed that in fact it would do the opposite. The first statement was made in the full glare of media attention at a key event in the political calendar. The second was made away from journalists, in a quiet announcement on a departmental website noticed by just a handful of lawyers and nerds.


The rest is behind a paywall, but Team UPC treats that as further evidence that UPC cannot really happen, especially not in the UK. One pro-UPC person wrote: "Will contradiction Brexit -RemainUPC be resolved by merely limiting the announced retreat from reach of CJEU to “direct” CJEU jurisdiction (whatever that may mean)?"

There's no such thing. To even suggest such a thing is to insinuate that the laws (and even constitutions) can just be violated for the "greater good" which is facilitating the business model of Team UPC, namely litigation boon.

Recent Techrights' Posts

Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
 
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
So Simple That You Can Touch and Feel It
In light of recent experiences
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025