Bonum Certa Men Certa

The Demise of the UPC 'Legislative Coup' Continued in 2018

Where's your long-promised UPC, Team UPC?

Berlin
Yours truly last week in Berlin



Summary: Another year ends with UPC lies; the main challenge remains to improve patent quality however, including complete elimination of software patents, no matter what the Office calls these (e.g. "AI")

THINGS have been quiet. Not a word from the European Patent Office (EPO) in about a week (because of Christmas). Not a word (not even a link) from SUEPO in a month now (last update November 29th). Not a word regarding the UPC, either. No ratification. Nothing.



"Not a word regarding the UPC, either."This means that we can now add yet another lie or false prediction among so many to Team UPC's long list. That boy keeps crying "wolf!"

Parroting the two lies, one article titled "Which major EU trends will affect international markets in 2019?" has just mentioned the UPC in passing. The last paragraph in there uses the propaganda term "Intellectual Property" and is exceedingly optimistic about UPC (which is already dead). To quote:

As Brexit uncertainty continues, Intellectual Property matters seems to be far from clear regarding the future direction of the Unitary Patent Court. All eyes will be on Germany and whether it will ratify the UPC and, if so, whether the UK will be allowed to stay.


We already know it cannot. The word "stay" is a loaded one; it alludes not to the EU but the UPC, which does not even exist. How can one stay in something that does not even exist?

"How can one stay in something that does not even exist?"With António Campinos refusing to say very much on the subject, unlike his predecessor, we suppose he too understands that to prop up the UPC fantasy is detrimental to one's credibility.

In 2019 we intend to continue our focus on software patents in Europe, which oughtn't be granted in the first place. The problem is apparently deepening rather than going away. José Santacroce (Moeller IP Advisors), for example, mentioned those infamous computer vision patents (disguised as "cars" something) the other day. It's from Argentina, but it's modeled after the EPO's 'studies' or 'brochures':

On November 6th 2018, the European Patent Office (EPO) in cooperation with the European Council for Automotive Research and Development (EUCAR) released the study "Patents and self-driving vehicles".


Over the past year we have identified several buzzwords other than the above -- buzzwords and sometimes hype waves that the EPO piggybacks in an effort to justify software patent grants. European courts have rejected these, but very few patents will be subjected to a court's scrutiny in their decades-long lifetime.

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