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

So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
 
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026