tag:blogger.com,1999:blog-5574479.post1884966798497961175..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: The rise of patent monetization entities Part Three: situation in the EU and UPC developmentsVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-40952875869292253592013-05-01T16:34:29.713+01:002013-05-01T16:34:29.713+01:00"Also the first 'safeguard' listed he..."Also the first 'safeguard' listed here (strict rules on the patentability of software and business method) is quite inefficient due to EPO practices."<br /><br />EPO granted patents on the progress bar and the scrolling menu.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-7629777444755711362013-04-28T18:17:54.397+01:002013-04-28T18:17:54.397+01:00Don't forget also Art. 47(5) UPC which does no...Don't forget also Art. 47(5) UPC which does not allow counterclaims for revocation when the patent holder is not a party to the litigation, but when the action was brought by an exclusive licensee. It is known that patent trolls routinely create shell companies to bring legal actions.<br /><br />Also the first 'safeguard' listed here (strict rules on the patentability of software and business method) is quite inefficient due to EPO practices. <br /><br />Finally, it should be observed that major EU Telco companies have clearly warned against UPC as being shaped as a troll paradise, see <a href="https://www.unitary-patent.eu/sites/www.unitary-patent.eu/files/nokia_vary_bifufcation.pdf" rel="nofollow">here</a> or <a href="https://www.unitary-patent.eu/content/big-european-businesses-ask-european-parliament-reject-unitary-patent" rel="nofollow">here</a>.<br /><br />Finally, as you recall Max-Plack criticism, don't forget that one major issue raised is the very legality of the Unitary Patent Regulation and the UPC Agreement...Gibushttps://www.unitary-patent.eunoreply@blogger.com