Bonum Certa Men Certa

What Team UPC Wants: Patent Trolls, Unified Patent Court (UPC), Software Patents, and Supplementary Protection Certificates (SPCs)

Bristows EPO



Summary: Increasing levels of agenda-setting 'dressed up' as "news" or "information" give rise to new dangers in Europe, notably an agenda of few global law firms rather than that of scientific and technological advancement -- the very thing the patent system always proclaimed to be in favour of

THE judgmental, fundamental errors made by the USPTO in recent decades can in fact -- in our very humble assessment -- be attributed to lobbying by law firms (a lot of competition-related problems there aren't attributable to patent reform but the legal chaos that preceded reform). They -- lawyers, attorneys, clerks etc. -- really profited a great deal from all the trolling and in recent years that sort of stopped, giving way to more productive work rather than prohibitive litigation costs. The EPO, however, strives to move in the same direction as the US 'dark ages' -- the ages of the Eastern District of Texas and the era of Randall Rader (as chief at the Federal Circuit). This is very troubling to us, having watched these things since before Techrights even existed (I've been writing about patents since I was about 20).

"They -- lawyers, attorneys, clerks etc. -- really profited a great deal from all the trolling and in recent years that sort of stopped, giving way to more productive work rather than prohibitive litigation costs."World Intellectual Property Review (WIPR) has just published this report about American and Korean companies fighting over patent infringement in Germany. So guess whose lawyers are hired. This may be good for some German law firms, but celebrating this would be a mistake (along the lines of championing the Eastern District of Texas, which nowadays repels actual businesses). To quote WIPR:

Engineered materials company Rogers Corporation, based in the US, has sued Korean chemical and auto parts manufacturer KCC Corporation for patent infringement in Germany.

Rogers announced yesterday, June 5, that its German subsidiary had filed the lawsuit in Düsseldorf, citing infringement of European patent number 1 061 783. The patent is called “Ceramic-metal substrate, particularly multiple substrate”.

According to Rogers, KCC has infringed the patent by offering in Germany direct bonded copper (DBC) substrate master cards that contain patented features.


So Europe is becoming a platform for patent aggressors that aren't even European. This is only good for lawyers and we know at whose expense, right?

IP Kat, a lawyers-run site (they used to have more academics there, but they've left or are on 'Sabbatical'), carries on with its rather horrific agenda of patent maximalism, including advocacy of UPC, software patents and so on. It seems as though the site is now dominated by Team UPC, as we last noted a couple of days ago.

"The feline blog is in decline. It even embraced censorship of opposing/dissenting views because the goal is agenda-setting, not an open forum."Eibhlin Vardy, by writing about "the EPO's Patenting of Artificial Intelligence conference" a couple of days ago, carries on with the EPO propaganda that's labeling software patents "AI" in order to bypass the rules and eventually grant bogus patents. Her second post is just marketing from a law firm: "Following on from this morning's post reporting on the EPO's Patenting of Artificial Intelligence conference, Katfriend Gwilym Roberts of Kilburn & Strode provides an insight into the ethical dilemmas that arise in this area. This one should provoke discussion and debate!"

There's almost no debate there. It's more like a commercial -- the very type of stuff that caused staff to leave IP Kat. The feline blog is in decline. It even embraced censorship of opposing/dissenting views because the goal is agenda-setting, not an open forum. Why bother commenting?

Eibhlin Vardy preceded this 'commercial' with a 'report' which merely amplifies or helps EPO with its lobbying event (advocacy for software patent applications). Some of the 'usual suspects' are named again (Lievens, Ménière, Philpott). These are patent maximalists who blatantly promote software patents. To quote:

The first two keynote speakers analysed AI as a driving force of the 4th Industrial Revolution (4IR). Clare Dillon, a technology evangelist, gave an insightful introduction into the topic and shared her vision on the formula of success for AI, namely the combination of ‘Technical innovation + digital culture + economic viability’. Her presentation was followed by another keynote speaker, Yann Ménière (EPO Chief Economist), who highlighted the dramatic increase in patent applications related to smart objects within the last several years. A third keynote speaker Koen Lievens (EPO Director) explained how the EPO examines patent applications in the area of AI.

[...]

As Grant Philpott (EPO Chief Operating Officer ICT) noted in his concluding remarks, adapting the patent system designed for hardware innovation to the virtual world of software innovation has been a long and difficult process, but ultimately, Europe and the EPO have succeeded in developing a highly methodical approach to the patenting of CIIs, which is firmly rooted in EPC case law and EPO practice. However, as AI software becomes super-software, incredibly powerful and versatile, the challenges for our patent system are likewise significant. Events such as this help us to meet that change and ensure that AI and its impact on patents and patentability continues to be dealt with systematically and in line with the laws and needs of stakeholders. Only by doing so can our system provide the stability and predictability that the industry needs for its business models, and further support economic growth of Europe.


Notice the use of the term "CII", which makes it very obvious that he's just talking about software patents. They recommend new ways (or buzzwords) for hiding that. In the meantime they distribute indoctrination to examiners in the form of the Gazette, urging them to grant patents on "4IR" (and for applicants to disguise algorithms that way). It's despicable to watch and it's rather despicable that IP Kat -- now deeply and profoundly connected to Bristows -- participates in all this. Yesterday in the UPC "Pravda" blog, quite frankly as usual, Bristows' Robert Burrows was pushing the 'Bulgaria card' again (for perception of UPC 'progress') and Managing IP, another UPC booster, wrote about Supplementary Protection Certificates (SPCs), which are related to UPC and are routinely advocated by Bristows over at IP Kat. Patrick Wingrove wrote :

In addition to the European Commission’s proposed Supplementary Protection Certificates waiver, we identify the biggest SPC cases and analyse Brexit’s implications

Few issues in the IP industry are as complex, debated and divisive as Supplementary Protection Certificates (SPCs).


"Few issues in the IP industry are as complex, debated and divisive, Wingrove added later, "as Supplementary Protection Certificates (SPCs)."

Well, if they're "divisive", then that's because it's obvious who's served by them (similar or overlapping with respect to UPC) and it's only as "complex" as they try to make it in order to confuse the opposite, thereby depressing it.

Recent Techrights' Posts

Microsoft XBox is Having Its 1990s Apple Moment (Near Bankruptcy), Says Respected Insider
Microsoft's CEO has already admitted that XBox is having serious financial problems [...] They already try to reuse the brand "XBox" to refer to Vista 11
OECD Carries Water for Microsoft, Targets Schools and Children With Slop Agenda
Peel off a layer or two to find GAFAM
Links 16/06/2026: UK to Restrict Access to Social Control Media; The FCC Wants to Eliminate Burner Phones
Links for the day
 
Links 17/06/2026: "How Developers React to Slop-Scented Blog Posts", Police Caught Fabricating Evidence Using Slop
Links for the day
More Than 90% in European Patent Office (EPO) Ballot Vote for Continuation of Industrial Actions/Strikes, About Half Wish to Further Intensify These
Ballot results on intensification of actions
If Not Now, Then When?
If you are not part of the solution/s, then you're merely a vessel or passive participant
Microsoft Offers People 'Retirements' (Again) to Fake (Artificially Lower) Number of Layoffs, Those People Are Nowhere Near Retirement Age
Microsoft implicitly affirms huge cuts are coming
Gemini Links 17/06/2026: 10 Years in Canada, Wild Flower Explorations, and Microslop
Links for the day
European Patent Office (EPO) Series: The Portuguese Prodigy
In this part we will present some additional background information about Mendonça's activities before he joined the EPO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 16, 2026
IRC logs for Tuesday, June 16, 2026
Microsoft Will "DOOM" id Software and Others, Claim Observers
As the worst predictions trickle in and out Microsoft loses control of the narrative
Austria Shows Rapid Demise of Windows in the EU
Expect many Microsoft layoffs soon, and not just in XBox/gaming
Links 16/06/2026: Mainstream Media Affirms Microsoft Studio Closures Planned, Anthropic’s Latest Marketing Hype Debunked by Experts
Links for the day
This Morning The Register MS Published Page With "AI" 42 Times in It. It Was Paid SPAM.
The Register MS is propping up a pyramid scheme
Microsoft "Xbox braces for sweeping studio closures before June 30."
Microsoft's control of the damage-limiting narrative has clearly slipped
In Africa's Largest Nation Windows Has Fallen From 100% to a Lot Less, Now All-Time Lows
Let's see what happens or will happen in Algeria in 2027
Richard Stallman's Talk Due in One Hour, Here's What People Say
To Stallman, what matters is control by users and collective control
SLAPP Censorship - Part 108 Out of 200: Moving On and Moving Up
an explanation of our rich history and commitment to courageous whistleblowers
Why We Call Him Dr. Stallman
He got at least 15 such titles
United States of America: GNU/Linux Hovering Around 5% (It Started There)
GNU/Linux is turning 43 this year (in a few months), Linux will turn 35
Microsoft Promises Made to be Broken
It's a real problem and it is not limited to XBox
IBM Down $61 in Two Weeks, The Lies About Quantum Computers Didn't Last Long
IBM is an unsafe employer, not a good place to work
You Probably Don't Want to "Go Viral" in Toxic Social Control Media
Good news sites do not strive to go "viral" but to be consistently good, irrespective of "traffic"
New 'Article' in The Register MS Has Mentioned "AI" 44 Times. The Register MS Got Paid to Publish It.
Bear this in mind when seeing "hey hi" all over the news
18-Year Anniversary of Our IRC Community
As noted some months ago, trolling and abuse in our IRC network is very rare these days
Microsoft - Like IBM - is Leaving a Legacy is Emptied/Abandoned Buildings
Microsoft's LinkedIn had many layoffs recently
Richard Stallman's (RMS) Speaking Tour in Europe Coincides With Abandonment of Microsoft Windows
The message applies to all governments
Gemini Links 16/06/2026: Nazi Law of Mental Abuse and Lewis Aburrow's 3D-Printed Slider
Links for the day
Links 16/06/2026: Windows TCO and Fedora Finding Serious 20-Year-Old Holes in Microsoft Outlook
Links for the day
European Patent Office (EPO) Series: An Advisor to the President
he had recently advanced to membership of the "inner circle" of Team Campinos.
Two Weeks Ahead of July Three Studios Microsoft Plans to Shut Down Already Named
This is what happens when companies try to establish themselves on a mountain of promises and false assumptions, kicking the can down the road until payroll becomes hard to complete
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 15, 2026
IRC logs for Monday, June 15, 2026
IBM Works for Microsoft
Hours ago in IBM.com
Microsoft May Already Be Shutting Down More Gaming Studios
the writings are on the wall: XBox is in disarray.
European Patent Office (EPO) Series: The EPO's Brussels Liaison Officer
It would appear that in January 2020, Pellegrino was induced by Campinos to jump ship from the EUIPO and take up his current position as Brussels Liaison Officer for the EPO
European Patent Office (EPO) Receiving Section (RS) and Elimination of Many Roles
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO) [...] Does the EU leadership intend to tolerate this?
Microsoft's XBox is Disintegrating, Executives Are Quitting
We're basically witnessing the slow-motion "end of XBox"
Gemini Links 15/06/2026: Slop Code Benchmarked, Wireguard on NixOS and Guix
Links for the day
Links 15/06/2026: More Own Goals for the Slop Industry, Palantir Trouble in UK
Links for the day
Apple Wants Everybody to Forget About "Vision Pro" Because It Was a Giant Flop
worthless gadgets with no obvious use case/s
The Cyber Show is Adopting 'Book Form' (or Long Form Publications)
Andy and Helen nowadays invest more time in making their site faster
Richard Stallman's Software Freedom/Digital Sovereignty Tour in Europe
As things stand at present, the vast majority of people have their interactions controlled/policed by GAFAM
Estimates of Scale of Microsoft Layoffs, Will Likely Happen "in Batches"
"Heard 10 to 15 percent eventually but idk date."
IBM Has Put Red Hat on a Poor Diet of Slop, Now Fedora and Red Hat Suffocate or Choke on It
Over the weekend we saw more people leaving the company
Estimates of Microsoft Layoffs: 3,000 Staff to be Culled Just in Gaming, How Many in Other Divisions?
Now the XBox division has its own "fall guy", but it is a woman
Straw Man Arguments Against Rust
If anything, it teaches the importance of auditing packages
Tesla Debt Rose Sharply, Sales Declined, Wall Street's Claim of Tesla "Value" is Merely a Fairytale (and Not Just Tesla)
We would gladly sell land on Mars to anyone who honestly believes a company that loses money is somehow "worth" trillions in Wall Street
Stop Calling Losses "Investment"
XBox is losing money, it is a sinkhole
For Justice We Need More Speech, Not Less Speech
When you attack something you are just giving that something a bigger platform
SLAPP Censorship - Part 107 Out of 200: Keeping Law Accessible to Everybody
We'll have stories related to this in the future
Links 15/06/2026: Slop "Beg Bounties", Wall Street Fakes 'Worth', and Arkansans Saved PBS
Links for the day
Gemini Links 15/06/2026: Dating Oaks, Simulation, and Theremin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 14, 2026
IRC logs for Sunday, June 14, 2026