Bonum Certa Men Certa

EPO Annual Report Will Dominate the News Next Week, Whereas Unitary Patent (UPC) is a Goner

UPC fluff and bluff has become the norm, but it's detached from underlying facts

Bluff



Summary: The EPO's fluff will be seeded in news sites next week, distracting from profound declines in quality and the demise of the UPC (a failed gamble of Battistelli)

THERE will be a lot of press coverage about the EPO next week. Plenty of puff pieces about the annual report, parroting the PR people rather than doing journalism with fact-checking and critical thinking. That's fine, we've grown accustomed to it and some of the publications that participate in this PR charade got paid by Battistelli (at the expense of EPO stakeholders).

"They try to trick British politicians."What we won't be hearing much about next week is the UPC. Team UPC will get a lot louder again around Easter time. A patent attorney based in Germany (with "a focus in patent infringement and licensing" i.e. enforcement a la UPC) doesn't accept the death of the UPC; nobody in his position likes to think that Brexit among other things (FCC, EPO scandals etc.) kills the UPC for good. He wrote: "[Theresa] May on #ECJ and #Brexit : 'the jurisdiction of the ECJ in the UK must end' vs 'if we agree that the UK should continue to participate in an EU agency the UK would have to respect the remit of the ECJ in that regard'. what does that mean for #UPC Full text: https://blogs.spectator.co.uk/2018/03/theresa-mays-our-future-partnership-speech-in-full/ …"

It's pretty obvious what it means. He also relayed Mathieu Klos as saying (German users' tweets in English): "2 days in London with talks tonine patent firms brought no clear picture whether the UK will finalise the remaining steps of #UPC ratification. Range of predictions varies from “it will happen around Easter ” to “totally unpredictable because of cabinet Brexit discussions”"

"Without the UPC, there would still be EPO and EPC. There would be Boards of Appeal too, i.e. judges."That former group would be liars like Bristows and cohorts who fabricate statements and resort to dirty tricks. They try to trick British politicians. Don't pay much/any attention to them. They just lobby for their financial interests, sometimes anonymously and often while deleting opposing views from sites (they don't respect freedom of expression in comments).

There's this new guest post by Matteo Dragoni, a Stanford TTLF Fellow. That covers the UPC and EPC, noting that it didn't quite work as intended (NPOs are still very much relevant). To quote:

Second, the current EPC system has established a "regional" patent system which is better than the PCT system, but it is still far from having eliminated all the economic/bureaucratic hurdles to patenting. It is true that European patents, once granted, can be validated/extended—and so recognized—in every single EPC country, but such validation/extension process comes at a cost. The patent often needs to be translated, some other taxes must be paid and the help of a local patent attorney is required. Annual patent fees must also be paid or the even the local patent expires. Once the European patent is granted, the patentee usually has 6 months to decide the validation/extension countries.

Since the grant of a European patent usually happens 3-4 years after the patent application has been filed, this means that an entity might not be ready to extend or validate the patent in many other countries, and if it has to drop some countries, it usually does so with less appealing, small, markets, most of which are the accession States considered in Hall and Helmers's article. Moreover, a European patent usually reduces costs only if the patentee is interested in having patent protection in at least 3-5 EPC Countries (depending on the local costs and fees).

The above also answers a bit to Risch's concern that a "unified" patent protection might not imply a "strengthening" of IP protection. As the situation is now, the European patent merely grants a bundle of nationally regulated patents that, once validated/extended, are governed by national rules and are subject (for some aspects) to the exclusive jurisdiction of national courts. This makes the patent rights obtained through a European patent costlier but also quite strong: it is not so cheap to obtain and validate/extend a European patent, but it is also quite expensive to invalidate the validated/extended European patent in all the single EPC jurisdictions.


Without the UPC, there would still be EPO and EPC. There would be Boards of Appeal too, i.e. judges. The rush to ratify something like the UPC is nothing but a wet dream of Big Litigation firms, which not only promote UPCA but also wrote a lot of UPCA. It's a failed coup and this coup has already caused tremendous damage to the EPO.

Recent Techrights' Posts

Software Freedom Conservancy (SFC), Inc. vs. Vizio, Inc. Is Costing the Free Software Foundation Money
FSF subpoena and deposition
They Try to Replace the Creators of GNU/Linux and Hijack Their Word, Work, and Reputation
gnu.org is down at the moment; now I'm told it's back but very slow. DDoS?
Links 05/05/2024: Political Cyberattacks From Russia and Google Getting a Lot Worse
Links for the day
 
On Character Assassination Tactics
The people who leverage these dirty politics typically champion projection tactics
IRC Proceedings: Sunday, May 05, 2024
IRC logs for Sunday, May 05, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Erinn Clark & Debian: Justice or another Open Source vendetta?
Reprinted with permission from disguised.work
Death of Michael Anthony Bordlee, New Orleans, Louisiana
Reprinted with permission from disguised.work
The Revolution Continues
Today we've published over 20 pages and tomorrow we expect more or less the same
Death of Dr Alex Blewitt, UK
Reprinted with permission from disguised.work
Following the Herd (or HURD)
Society advances owing to people who think differently and promote positive change, not corporate shills
Thiemo Seufer & Debian deaths: examining accidents and suicides
Reprinted with permission from disguised.work
Gemini Links 05/05/2024: Infobesity and Profectus Beta 1.0
Links for the day
Running This Site Mostly a Joyful Activity
The real problem or the thing that we need to cancel is this "Cancel Culture"
Australia Has Finally Joined the "4% Club" (ChromeOS+GNU/Linux)
statCounter stats
Debian as a Hazardous Workplace Where No Accountability Exists (Nor Salaries)
systematic exploitation of skilled developers by free 'riders' (or freeloaders) like Google, IBM, and Microsoft
Clownflare Isn't Free and Its CEO Openly Boasted They'd Start Charging Everyone to Offset the Considerable Losses (It's a Trap, It's Just Bait)
Clownflare has collapsed
Apple Delivered Very Disappointing Results, Said It Would Buy Its Own Shares (Nobody Will Check This), Company's Debt Now Exceeds Its Monetary Assets
US debt is now 99.98 trillion dollars
FSFE Still Boasts About Working Underage People for No Pay
without even paying them
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work
[Meme] People Who Don't Write Code Demanding the Removal of Those Who Do
She has blue hair and she sleeps with the Debian Project Leader
Jaminy Prabaharan & Debian: the GSoC admin who failed GSoC
Reprinted with permission from disguised.work
Jonathan Carter, Matthew Miller & Debian, Fedora: Community, Cult, Fraud
Reprinted with permission from disguised.work
Techrights This May
We strive to keep it lean and fast
Links 04/05/2024: Attacks on Workers and the Press
Links for the day
Gemini Links 04/05/2024: Abstractions in Development Considered Harmful
Links for the day
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
[Meme] The Cancer Culture
Mission accomplished?
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though