Bonum Certa Men Certa

The Latest Brexit Developments Add Another Nail (Among Many) to the Unified Patent Court's (UPC) Coffin

Unitary collapse; even the "Law Society" knows it by now; eDossier officially dies tomorrow

The Law Society Gazette



Summary: The Law Society one among many who have virtually given up on the Unitary Patent, knowing that Unified Patent Court Agreement (UPCA) ratification is unlikely and Britain's limbo prevents any further progress anyway; it means that national patent courts will continue rejecting a lot of European Patents, whose quality has declined considerably

TECHRIGHTS has never been about (pure) politics but rather about more technical things, including patents. Hence the focus on the EPO and USPTO along with legal cases. We're not planning to write about pro- and anti-Brexit (there are lots of blogs out there which already cover it), but considering what happened over the past few days if not weeks it looks even more likely that UPC will never become a reality. The silence from Team UPC further reinforces this. They would be shouting from rooftops otherwise (but they don't). Battistelli's plan for the Office and for Europe goes down in flames.



"The silence from Team UPC further reinforces this."Yesterday at IP Kat the Litigation 'Society' ("Law Society") had its position outlined ("Law Society's guidance on IP and No-Deal Brexit"); it's just lobbying for more litigation and legal bills, as one might expect from a front group of law firms. But surprisingly enough UPC is not even mentioned. Their publications kept lobbying for the UPC under the guise of "news" (in the "Law Gazette", which is really just "The Law Society Gazette"). Have they given up like IAM did? It is quite noteworthy that the EPO never mentions the UPC anymore (António Campinos has not uttered these words in many months), IAM isn't covering the subject, JUVE covers it only on rare occasions (maybe once a month, echoing Team UPC) and the Law Society -- unlike Team UPC -- isn't even listing it anymore.

Meanwhile at IAM, which has sunk in its ratings, there's this self-promotional piece from Carpmaels & Ransford LLP (hence no paywall) that speaks of double patenting (we covered it some days ago). To quote:

For the first time, questions have been referred to the Enlarged Board of Appeal specifically addressing the EPO’s approach to double patenting. They concern the circumstances, if any, in which there might be a legitimate interest in the same applicant being granted multiple patents for the same subject matter.

It is possible that the Enlarged Board’s answers will have a significant impact on filing strategies that are frequently employed at the EPO. For example, the answers could be relevant to strategies that involve filing divisional applications to protect against commercial or legal uncertainties. Another common strategy that might be affected is the use of parent and divisional applications to prosecute subject matter at an accelerated pace (eg, narrow claims of the highest commercial value), while prosecuting other subject matter at a slower pace (eg, claims of broader scope).

The questions come from the Technical Board of Appeal 3.3.01, which handles pharmaceutical matters, and concern an application filed by Nestec SA. The application (09159932.4) was refused by the Examining Division following an assessment that Claim 1 was “100% identical” to the subject matter claimed in the patent from which 09159932.4 claimed priority. The Examining Division therefore argued that the grant of 09159932.4 would be contrary to the prohibition on double patenting referred to in the obiter dicta of Enlarged Board decisions G1/05 and G1/06. Nestec SA appealed the Examining Division’s refusal.


Well, double patenting is a hallmark of patent maximalism, which goes together with the decline of patent quality in general. Courts across Europe will, over time, reveal just how severe the problem has become.

"Battistelli's plan for the Office and for Europe goes down in flames."Mondaq has in fact just reposted some other IAM nonsense from Selin Sinem Erciyas (Gün + Partners) in which she inadvertently highlighted yet more evidence of the collapse of patent quality at the EPO and the serious, potentially fatal, consequences (access to medicines). This one is about generics:

A Turkish generic company filed an invalidation action against a leading US pharmaceutical originator company in Turkey and requested the invalidation of its patent – a Turkish validation of a European patent granted by the EPO. The opposition proceedings were still pending before the EPO at the filing date of the invalidation action in Turkey. The patent owner subsequently requested a delay of the national proceedings, stating that the patent claims could still be amended during the opposition and appeal proceedings before the EPO. Further, if the EPO proceedings were still outstanding, there could be inconsistency between the claims of the European patent and the claims of the Turkish validation. In addition, per Article 138/3, in proceedings relating to the validity of the European patent the patent owner has the right to limit the patent by amending its claims.

[...]

Although there is no clear national provision in Turkey, envisaging the delay of invalidation proceedings until a final decision from the EPO, the new judge felicitously considered the options granted to a patent owner by Article 138/3 of the European Patent Convention and the possible unnecessary litigation costs and time that might arise from several expert examinations. The decision is a good example of the interpretation of indirect effects of the rights conferred to the patent owner by Article 138/3.


Turkey's standards for patents probably aren't so high; so it would be noteworthy when courts in Turkey too cite the EPC and reject European Patents. Also mind MoroÄŸlu Arseven's Gökçe Izgi and Yonca Çelebi with their new post titled "Patents in Turkey" (these include European Patents). Considering Battistelli's love affair with China, one begins to wonder just how low patent quality has gone. The EPO recently decided to privately admit patent quality had gone awry (after a quarter billion euros were wasted). Speaking of coffins, Stephen Rowan and Nellie Simon said "eDossier Stock Management will stop on Friday 1 March 2019 at 16:00." That's tomorrow. eDossier and UPC can share a coffin.

Recent Techrights' Posts

Lies Need to be Corrected
the Court never invited us
 
EPO Staff Representation Lacks Social Dialogue With Relevant Management, Controversial and Sometimes Illegal Policies Implemented Without Necessary Input
"In this open letter, the CSC requests that the President submits an agenda item in the next available General Consultative Committee (GCC) meeting on setting up regular meetings between the CSC and the higher management of DG1."
Links 16/10/2025: Political Leftovers and Gemini Protocol Links
Links for the day
Slopwatch: Guardian Digital (linuxsecurity.com), Slashdot, Google News, and More
Maybe one day, once the bubble pops completely, Google News will just outright delist all slopfarms
Lufthansa Modern Slavery, Joerg Jaspert (ganneff) & Debian NSB Softwareentwicklung charade
Reprinted with permission from Daniel Pocock
Links 16/10/2025: US Starting More Trade Wars With China, CIA War on Venezuela
Links for the day
SUSE Blog is Still LLM Slop, Marketing Manager at SUSE Cannot Write
Would you buy from a company or seek support from a company that cannot even write (or fakes writing)?
Pretend You're Not Dead: Microsoft Spent Almost Two Decades Rebranding Things as "Cloud, Then "AI", Now "XBox" and "Quantum"
"AI" bubble pops, Microsoft harping about "quantum" already
IBM Allegedly Found New Tricks for Silent Layoffs: LPI, Then MIS (Not PIP)
Remember that "Red Hat layoffs" won't be reported after the bluewashing
Links 16/10/2025: Red Lines and Feeding of Microsoft Trolls
Links for the day
MIT as a Propaganda Mill of GAFAM, Paid by GAFAM
"the news" today
Links 16/10/2025: Lies Euphemised as ‘Dueling Versions of Reality’ and Microsoft "Open" "Hey Hi" Resorts to Porn as No Business Model Was Found
Links for the day
The Local Staff Committee Munich (Representation of the EPO's Staff) Explains When Cluster of Pregnancies May Result in Reduced Pay
"...even one week of part-time working is sufficient to reduce the salary you perceive during the entirety of your maternity leave."
Another Black Eye for 'Secure Boot', Microsoft Media Tries to Blame "Linux"
It enables Microsoft to remotely control computers, even computers that don't run Windows and never had any Microsoft software installed
Slopwatch: UbuntuPIT, linuxsecurity.com, and Various Slopfarms in Google News Attacking "Linux"
A new survey of the Web said that the majority of the Web is now slop (that's being said in the news this week)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 15, 2025
IRC logs for Wednesday, October 15, 2025
Links 16/10/2025: Increased Use of Social Control Media Surveillance in US, French Rage Over Pensions
Links for the day
Links 15/10/2025: Qantas Airways Loses Control of Sensitive Data and Software Patents Are Being Thrown Out
Links for the day
Vista 10 is 'Dead', Here's Why People Should Move to GNU/Linux (or the BSDs)
Today we try to make an outline of reasons move away from Windows to GNU/Linux
Our Sites Continue to Improve
LLM slop has had no noticeable impact on us
Gemini Links 15/10/2025: Neovim, Helix Compared and Gemlog.blue Now Closed
Links for the day
Links 15/10/2025: Mass Layoffs at Amazon, OneDrive Spyware Revved Up, More 'Gen Z Protests'
Links for the day
The EPO's Staff Engagement Survey 2025 is Already Tainted by Intimidation by EPO Management (Trying to Influence Outcomes by Scaring Genuine, Honest Critics)
"[W]e have received reports that, following the previous survey, teams with negative responses were reproached or questioned about their answers..."
The DDoS Attacks by Microsoft's Scam Altman and Other Slop Charlatans and Frauds is Hurting the FSF, Delinking It From Copyleft Projects
This impacts a lot more than access to the licences
Microsoft Scanning Faces in Photos People Upload to Microsoft (Even Unconsciously), Slashdot Turns Report About It Into "Microsoft Sez" (Says)
Or "let's repeat the lies from a PR person/Microsoft's publicist"
[Teaser] Angel Aledo Lopez the Manipulator (Nepotism, Poll Rigging, and Other EPO Corruption)
We'll discuss this later today or tomorrow, based on internal EPO material
Attacks on Techrights Are Only Making Techrights Bigger and Even More Popular
A week ago they offered to settle with us
Epic Metaphor for End of IBM: "The IBM Demolition is Down to the Last Shards!"
Nothing lasts forever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 14, 2025
IRC logs for Tuesday, October 14, 2025
Proprietary and DRM Prisons Spiralling Down the Sinkhole? Not Just Yet.
Let's hope that more people will flee to GNU/Linux
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock
Many Developers Have Many Political Views, They'll Never Agree on Everything
It's an effort to divide and destroy, not build
Gemini Links 14/10/2025: An Opportunity to Consider GNU/Linux and Another Simple IRC Client
Links for the day
Slopwatch: UbuntuPIT, LinuxSecurity, Google News, and the Serial Slopper Brian Fagioli
Nothing of merit here, just more slop
Links 14/10/2025: Lack of Trust in Slop and "Retirement Challenges"
Links for the day
EPO Staff Can Go Listen to Richard Stallman Next Week in Munich (Technical University of Munich, Rudolf-Diesel Hörsaal (MW2001) on Campus Garching at 18:00)
"The talk is open to the public and attendance is free. Registration is not required."
Rhonda D'Vine, Gerfried Fuchs, Pronouns & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
At IBM, Relocation Means Layoffs (Downsizing)
Silent or 'invisible' layoffs?
Central Staff Committee of the European Patent Office (EPO) Warns That EPO Management is Robbing or Manipulating Pension Funds Again
Faking "growth" is just about as bad as forgery
Probably a Lot Worse Than LLM Slop: GNOME Tying Itself to Divisive Politics, Even Where It's Clearly Not Relevant
Something has gone terribly wrong in GNOME
Links 14/10/2025: Microsoft OneDrive Scanning Faces in Photos (Without Asking First), "OpenAI Says It Will Move to Allow Smut"
Links for the day
They Generally Don't Like Scholars, as They're Less Compelled or Pressured to Repeat What Corporations and Oligarchs Say
People who loathe scholars have an agenda in mind that, unlike that of reasonable people, revolves around controlling people
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
Belated New Article About Last Thursday's Lecture by Richard Stallman in Helsinki, Finland
there are good reasons to pay with cash, not limited to privacy
Attacking Richard Stallman Has Become 'Career Suicide'
If you're going to viciously attack somebody, make sure your arguments are rock-solid
Microsoft's Failing XBox Business Has Turned Games Into Funerals
How does it feel to depend on Microsoft?
Yesterday's "Distinguished Lecture" by Richard Stallman Possibly Attended by Close to 1,000 People
The capacity of the place is about 900
Slop Poisons Everything
Imagine wanting to find what Torvalds has just said or what has just been released
Taking Software Freedom 'Mainstream'
interest in Software Freedom must have grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 13, 2025
IRC logs for Monday, October 13, 2025
Gemini Links 14/10/2025: Ada Lovelace Day, Sony CLIE PEG-TG50 Review, Why to Avoid Network Solutions
Links for the day
Richard Stallman (RMS) Announced His Talk Less Than 24 Hours Before It Took Place and Still Filled Up the Auditorium at Sapienza Università di Roma
Photos from yesterday evening [...] It looks like it was a very successful event