Bonum Certa Men Certa

Patent Charlatans and Frauds Are Doing a Disservice to Europe and to Europe's Patent System



Thank you for smoking the EPO's 'free' cigarettes

EPO's free cigarettes



Summary: Tax evasion and UPC lies aren't going to help the integrity of the patent system; au contraire -- those are becoming an existential threat to the system being exploited by law firms (and accountants)

IT OUGHTN'T be so hard to understand that the European Patent Office (EPO) relies on its credibility for survival. The U.S. Patent and Trademark Office (USPTO) learned this the hard way and gradually adapted (e.g. respecting 35 U.S.C. €§ 101). With people like António Campinos and Benoît Battistelli in charge of the EPO, however, hope seems slim. They actively collaborate with predators and abusers. They choose the side of liars and trolls. They abuse truth-tellers and staff representatives. They ignore courts and attack judges. This won't end well.



Yesterday we saw Accountancy Today moaning that tax evasion for the rich monopolists (via patents) is "still so low" -- that's in their headline!

Another parasitic occupation and a colossal scam? It's just shameless self-promotion from "Mark Tighe, founder and managing director at specialist tax consultancy Catax" (come to me for your tax evasion needs! I shall figure out how to use patents to deny taxpayers your tax contributions...)

From the article, which was published in a British site:

Patent Box tax relief was phased in from 2013 with the full scheme in place by 2017, offering a reduced rate of corporate tax on all profits made from patents.

In fact, it offers a near halving of the rate of corporation tax paid on intellectual property (IP) related profits to just 10 per cent.

The aim is to incentivise the development of new patented inventions in the UK and build a competitive future economy.

[...]

Just over 1,000 Patent Box claims are made each year, compared to more than 5,600 patents granted on average every year between 2012 and 2017.

The 1,160 Patent Box claims made in 2015/16 had a total value of €£754.3 million while the 1,025 recorded so far for 2016/17 are worth €£942.5 million. This means the thousands of eligible companies who fail to claim are missing out on six figure sums.

[...]

Happily, patents secured via the UK intellectual property office (IPO) will not be affected by Brexit. More surprisingly, nor will patents obtained through the European Patent Office (EPO) because the EPO is not an EU organisation.

So companies holding patents registered via the UK IPO or the EPO can relax, knowing their patents are still protected and they will still qualify for the Patent Box tax relief.


This "Patent Box tax relief" is a major scam that we covered here many times before, usually in relation to other European countries.

Wouldn't British Team UPC just love it? It's not like these people have an integrity; we know whose interests they generally serve...

Regardless, only hours ago IP Kat (British blog) published this post that boosts Team UPC's lies. IP Kat's Riana Harvey ended up propping up nothing but the Bristows nonsense and Watchtroll. This comes to show what IP Kat has already turned into: lobbying of the litigation 'industry'. The cited articles are all bad (under "Patents"); they're dishonest propaganda and deliberate lies. Just check the comments. In response to the first one (we've mentioned this ridiculous piece days ago) one person wrote:

I agree that, if the BVerfG were to dismiss the constitutional complaint, there could be an interesting (theoretical) question about whether the Federal President would be obliged to sign into law the Geman legislation relating to the UPC.

However, I am not sure whether that is the whole story. Just because the Federal President could sign into law legislation that ALLOWS Germany to ratify the UPCA, does this necessarily mean that the Federal President would also be OBLIGED to deposit Germany’s instrument of ratification? Is that not a separate step that would need to be agreed and coordinated with the government?

Regardless of the technicalities of the role of the Federal President, I find it rather fascinating that anyone is still pressing for Germany to ratify the UPC under the current circumstances. This is because the current Brexit deadline of 31 October will have been and gone long before the earliest date that the UPC can possibly (or practicably) come into force. If the UK ceases to be an EU Member State after 31 October 2019, it is difficult to see how the UPCA, which REQUIRES the Participating Member States to be EU Member States, could EVER come into force.

This could turn into a chicken and egg situation, as the preconditions for the UPCA to come into force would not be met … but an amendment to the definition of the Participating Member States (to make the UPCA a valid Agreement again) could not be made until AFTER the unmodified Agreement enters into force.

In other words, it would be totally bonkers for Germany to press ahead with ratification under the current circumstances … and this does not even consider the still unresolved question of whether the UPCA is in accordance with EU law (either with or without the participation of the UK). The position of the German government therefore makes sense to me. What does not make any sense whatsoever is why a firm of attorneys (who, after all, tend to be a rather conservative breed) would advocate for such a reckless and irresponsible course of action. One can only speculate…



Lucky Luke then said that "the purpose of this piece is not about legal coherence. Some circles have long withdrawn from sensible legal discussion, instead resorting to the desperate spreading of wishful thinking..."

Here's the full comment:

Missing in this remarkable construct is one minor aspect: Support from German constitutional law.

According to Article 59(1) of the German Grundgesetz, the Federal President is Germany€´s sole representative in matters of international law, while the initiation of negotiations on the conclusion of an international agreement and the negotiations themselves (including the definition of political objectives and the contents of the agreement) are the sole responsibility of the Federal Government. The role of the Federal Parliament is limited to the legislative proceedings on the agreement’s ratification. A simple Google search will quickly confirm this legal situation.

Hence it is difficult to see why the Federal Government as well as the Federal President would not have full and unimpeded discretion on whether and how to proceed in terms of the UPCA, subject to the overall political situation.

But, yet again, the purpose of this piece is not about legal coherence. Some circles have long withdrawn from sensible legal discussion, instead resorting to the desperate spreading of wishful thinking, often disguised as pseudo-legal theories created out of the blue. Things must indeed be looking rather grim for the UPCA.


There are some more comments in there, providing more information and not lies, unlike the Bristows "articles" that IP Kat decided to cite (Bristows also has key positions in IP Kat itself).

In another thread boosted by IP Kat some hours ago "Concerned observer" wrote about "UPC-promoters bag of tricks to somehow drum up business for the UPC (and, by happy coincidence, for the litigation firms that will be handling the UPC litigation)?"

The full pair of comments:

Small problem – the UPCA cannot be amended unless and until it comes into force. Thus, if the UK leaves the EU without an agreement before the UPCA comes into force, then the UPCA will be dead on arrival – for the reasons discussed in my comment on the previous UPC-related post.

Also, I take issue with your comment that Article 38 of the Statute is “probably not a very important core article”. The reason for this is that the preliminary reference procedure is a cornerstone of the EU legal system and so is an ESSENTIAL prerequisite for compliance with EU law. In my view, there are already strong reasons to doubt the UPC’s compliance with EU law, even with a fully functioning Article 38 of the Statute. However, rendering that Article ineffective (at least for the UK) would make non-compliance with EU law an absolute certainty.

[...]

So there is no “safety net” even under consideration in the UK. This seems to me to be yet another strike against the UPC.

Who in their right mind would risk requesting unitary effect when the UK’s participation remains highly doubtful and when there is no obvious way of recovering rights in the UK for any EPUEs that might, after grant, suddenly cease to have effect in that territory?

This would leave the UPC with only those patents that are not opted out of the system. My understanding is that this would be slim pickings indeed. Thus, even if miracles happen and the UPC struggles into life, it looks like anyone who is inclined to sign up as a UPC judge will be twiddling their thumbs for at least a few years. Or can we expect something else to be pulled out of the UPC-promoters bag of tricks to somehow drum up business for the UPC (and, by happy coincidence, for the litigation firms that will be handling the UPC litigation)?



Well, it doesn't matter what these pre-filtered comments say, Bristows/Kluwer/IP Kat will carry on pushing pro-UPC lies. Kluwer Patent Blog totally lacks integrity and sadly IP Kat turned away from truth-seeking, instead becoming a distorter of the truth.

This kind of reckless behaviour and sheer refusal to cover EPO abuses will doom these blogs if not the whole system. They're incapable of telling the truth. This how justice too dies.

Recent Techrights' Posts

Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
 
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026
IBM's Senior VP of Infrastructure is Out, Silent Layoffs Still Going On
Some people imagine the CEO will also "retire" very soon (and "ahead of time")
Gemini Links 09/09/2026: Mechanical Cameras, "Super App", and Prusa Issues
Links for the day
SLAPP Censorship - Part 177 Out of 200: Manosphere Without Financial Transparency
It has moreover replaced a female worker with a male
Deadline Tomorrow (10th of September) to Appeal the EPO's Fleecing of Staff (Union to Make Legal Challenges)
Join them. Fight the good fight.
linuxstans.com Died, Then Came Back as Slop (LLM Junk)
Don't make the mistake or the assumption that merely 'dabbling in' or 'experimenting with' LLMs can be forgivable as it is a trust destroyer
Links 09/09/2026: GAFAM Fatalities in Miami International Airport, "Britain’s Health Crisis Is Becoming a Political Crisis"
Links for the day
Gemini Links 09/09/2026: "Adjective Is Subjective" and Walled Gardens
Links for the day
Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026