Bonum Certa Men Certa

Ingve Björn Stjerna's New Book About the Unitary Patent (UPC) and Why It's Important

UPC is antidemocratic and the public is not being consulted at all about it

"It`s not the voting that`s democracy; it`s the counting."

--Tom Stoppard

UPC
Credit: ZBM patents



Summary: Roundup regarding the Unitary (or Unified) Patent Court, the latest incarnation of a long-going and nym-shifting effort to transform Europe's patent law, culminating in the publication of a detailed new book from Dr. Ingve Björn Stjerna

THE UPC is not a new thing. It's just the latest name of an old thing. I have personally been writing about it for many years and so have few people (other than patent lawyers and politicians) including Ingve Björn Stjerna. Going back to the Charlie McCreevy days (around 2008) and the Michel Barnier days (around 2010), it should quickly become abundantly clear that no matter how much resistance Europeans put up to stop this antidemocratic process, it just keeps coming back, usually with a new name that nobody knows anything about. Earlier this week MIP published this interview with Carol Arnold of Shell (yes, that Shell). Unsurprisingly, this covered the UPC. It said that "plans for the UPC have been met with mixed feelings. As the procedure for judge selection continues, many remain optimistic about the Court, while others become increasingly fearful about the prospect of forum shopping and patent abuse."



We have already written many dozens of articles about the UPC, in addition to hundreds more about the same thing under another name (e.g. "Community patent"). What will it take to stop this injustice? Well, in our experience, the best way to deal with this issue is simply inform people, whereupon those who promote this thing become too shy to promote it in public (it's career suicide) and everything cools down until the next rename, accompanying a new lobbying push.

Dr Ingve Björn Stjerna from Düsseldorf, Germany (we have mentioned him here several times in the past, e.g. [1, 2, 3]) was often cited here for his detailed analyses of the UPC. Not too surprisingly, based on some blog posts, he now has a book which costs nearly $100. As a patents-centric blog put it the other day, "German attorney and Certified Specialist for IP Law Ingve Stjerna is known to our readers as an alert and critical commenter of the UPC legislation process (see posts here, here, here, here, here) and constitutional issues. I do not know what was the reason to abandon the Opt-Out-fee but I think that Ingve's convincing arguments might have played a role."

Some of these helped show the role of Battistelli in UPC lobbying (even half a decade ago). So much for EPO as merely a patent office; it intervenes in policy.

Here is the cover of the book:

Ingve book cover



Stjerna's book is already having some impact. Pro-UPC circles seem a tad worry. One who has criticised the lack of UPC transparency and some legal shortcomings says: "New book on #UPC - 'The Parliamentary History of the European "#UnitaryPatent"' by Dr Ingve Björn Stjerna" (linking to the reviews/purchase page).

When a UPC critic (even if diplomatic/polite) writes a whole book it really means something because never before was there such an extensive body of information about the UPC in one single place. This book on the "unitary patent package" might actually give politicians -- if not patent lawyers too -- something to think about before blindly accepting the UPC as something beneficial because "unity" or "community" or some other euphemisms along those lines (calling it "Corporate patent" or "Wider litigation patent" wouldn't be so wise, would it?).

See the new article titled "One Patent Law, Two Economic Sectors: Is The One-Size-Fits-All Patent Law Still Workable?" Another reason why the UPC would be a complete mess, impractical to implement, unworkable in practice and so on? It needs to be abolished before it even becomes a reality -- something which would devastate Battistelli and his ilk, that's for sure.

UPC critics are more widespread then we are generally led to believe because pro-UPC meetings are often restricted to boosters (e.g. by prohibitive costs to attend). Having written about the UPC boosters from Bristows recently, some input was sent to us anonymously. We wrote: "The Bristows folks presently act, e.g. in their blogs, as though Bristows is now a ‘think tank’ (part of the conspiracy of patent lawyers who try hard to make the UK join the UPC). This is a scandalous sham given that the British public is never at all consulted; it’s a sort of collusion, a TTIP/TPP-like corporate heist (with ISDS), and an attack on British democracy (for profits of those who are already super-rich, obviously)."

"Quite right," a reader told us. "But they're not the only ones and the British is not the only democracy being mocked here. Keep your eyes open, there's a lot to be said about this very aspect. For the time being you may find interesting the comment section of this article by Ms Ward." (she is from Bristows)

I clarified my singling out of Bristows as follows:

Yes, I read all the comments in IP Kat (via RSS feed, usually simplified HTML).

A lot of commenters in IP Kat are themselves patent lawyers and I don't share their view on the benefits of UPC, not as a programmer anyway.

I singled out Bristows because they're more vocal than the rest this way and if put under the limelight they might need to tone it down a bit, at least for their reputation (which is the only thing they go by).

I didn't mention Annsley Merelle Ward, I don't want to make it too personal. But it's not just her anyway.

As seen with TPP, companies and people shy away from publicly promoting when the response from the public becomes harsh.


"Informing the public is particularly difficult in this case," our reader stressed. "While anyone has at least some vague understanding of what TTIP or TPP are about, this is far more difficult with regard to patent litigation and its planned centralisation via UPC. Those having that insight and expertise are also the same people seeking to profit from the new system, so you will rarely find any well-founded critical voice. Bristows may be unusually loud, but others are far deeper involved and pulling strings in the background more discretely.

"An unusually revealing impression about law firm arguments in favour of the new system can be found in the comment section here, maybe you have seen this already."

This seems to have involved Wouter Pors of Bird & Bird The Hague (a UPC booster) and Ingve Stjerna. To quote Stjerna:

Truly a remarkable statement from Mr Pors.

If a partner of an international law firm declares that the law should adopt to the circumstances “where needed”, this speaks for itself. I always thought that, at least in states abiding by the Rule of Law, it was the law setting the standards and forming the framework for legislative activity on “what is needed”.

For Mr Pors, an end which he deems desirable seems to justify the means, even if this involves sacrificing some very fundamental democratic rights and principles, e. g. transparency. I am not sure whether such legislation can really be called “progress”, as Mr Pors claims.

We shall see what the European Court of Justice's position is.


Like Mr. Pors, Mr. Battistelli also seems to believe that the "end which he deems desirable seems to justify the means," as it applies both to the UPC and growing the number of patents (irrespective of quality and public interest). "Coming back to the idea of measuring the quality of the EPO's output," wrote another reader to us regarding the recent criticism of the EPO's questionable claims about 'results'. "There are two quality parameters which would be really informative:



"However, the EPO will never take the trouble to measure such meaningful parameters, because they're happy with numbers which mean little but which can be generated with practically zero effort."

One must remember that when dealing with non-scientists in this system (not the examiners) statistics are scarcely/barely grasped and policy is not facts-based. A lot of the UPC promotion seems to boil down to self interest -- not of scientists but of people who are milking science for their bottom line in the form of applications, litigation, etc. We cannot simply allow these people to dictate policy.

Recent Techrights' Posts

IBM is Not Done Destroying Red Hat, Wait Till October 1st 2026 (More Layoffs and Bluewashing)
It's not bluewashing 'til it's 100% done
Only a Matter of Time Before IBM Drops to $199 or a Lot Lower Than That
How long can IBM overload empty shells?
Lots of Microsoft Just Loses Money, Not Earning Money
Due to profitability challenges it's hard to believe Microsoft will ever find a buyer for XBox
Touch Grass
Happiness involves what humans have evolved to appreciate, not what humans create to sedate the mind (like skinnerboxes)
The Cyber Show on Technology Having Become a Tool of Mass Psychosis, Not Enablement or Emancipation
Technology as mass psychosis
The Rumour Said That a Second Wave of Microsoft Layoffs Would Come This Week (Ahead of Fake 'Results'), Maybe Tomorrow
Let's wait and see how "MSM" unfold
 
GNU/Linux OS in ComorOS
Now, as in recent years or the last year, the GNU/Linux "signal" is growing significantly
Microsoft Redefines "Layoffs" to Give Smaller Tallies
It's not just calling them "buyouts" or saying people are merely "leaving" or "retiring"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 21, 2026
IRC logs for Tuesday, July 21, 2026
"LF Sex", Nothing to Do With Linux
a lot of explaining to do this week
Gemini Links 21/07/2026: Nostalgia, Shogi, and New Gemlog System
Links for the day
Guyana: GNU/Linux Rises to New High, 7%
Guyana is part of the trend
Oman: GNU/Linux Up to 7%
It was 5% last year
The Solution is Never 'Free Hosting' in Proprietary GitHub (Microsoft), the Solution is Self-Hosting
Third parties never care about your projects as much as you (yourself) care about them
From GAFAM's Perspective, Jeremy Bicha Did Nothing Wrong
All is OK as long as he does not criticise monopolists and billionaires
Bluesky Was Such an Utter Failure That After 18 Months Mozilla Goes Hug a Nazi Platform That Produces Child Porn
What compels Mozilla to come back there? The child pornography scandal? The adorable leader?
GNU/Linux at Grenada Measured at 14% This Month
GNU/Linux was stuck at 0% for a long time
In WordPress, Newer is Not Better (Maybe Better Off With No WordPress at All)
To Hell with bloat and feature churn
As Slop Bubble Implodes (Inevitable), the Dishonest, Corrupt, Compromised Media Tries to Blame "China" Again (Like it Did With "DeepSeek" in Past Years)
Here we go again. We've been there before. Same spin, this time not "DeepSeek" though.
Red Hat (IBM) Has Long 'Reassigned' (Bluewashed) Red Hat Staff to Ruin Fedora, Now It Does the Same to GNOME
What next from IBM's Krishna?
Links 21/07/2026: Google Stagnating, Slop 'Apps' Are "Flooding Apple’s App Store"
Links for the day
Gemini Links 21/07/2026: OPNSense Upgrade Problems, Zilog Z80 at 50, and Lessons From Terminator
Links for the day
IBM Lawsuits Over Alleged Fraud Are Piling Up
We'll keep an eye on the lawsuits
Arianna Taite on Odds of Australian (Daniel Pocock) Winning Clacton By-Election
His detractors somehow try to twist or frame him (Pocock) as an impediment to women while the exact opposite is true
This Coming Weekend Marks 4 Years Since We Dumped Content Management Systems (CMSs) in Favour of Static Site Generators (SSGs)
the first page dated July 25
Slop's Latest Casualty: The Credibility of Linus Torvalds
If you care about millionaires and billionaires, follow Torvalds (he is already in that "club")
Techrights Will Become More Productive (More Output) Over Time
Big stories about to land
To Wikipedia, "Notability" is Just an Excuse to Hail People Who Serve Billionaires While Marginalising or Defaming the Rest
Wikipedia is an advertising space
Our Series About Solicitors Regulation Authority (SRA) and SLAPPs Will Resume Soon
Originally, in 2025, we gave ourselves 6 years (until 2031) to cover these issues, but we've seen since extended that to 10 years (until 2036) because of the amount of material we have
European Patent Office (EPO) Series: The EPO Transparency Gap
Despite the "European" tag in the organisation's name, the European Union has no jurisdiction over the European Patent Organisation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 20, 2026
IRC logs for Monday, July 20, 2026
Links 20/07/2026: Lashes for Songs in Iran, Kurdish Language at Risk
Links for the day
Gemini Links 21/07/2026: The Boss Baby (2017) and 2026 Old Computer Challenge Epilogue
Links for the day
Canonical Staff Acting Like They Aim to Receive Job Offers From Microsoft
There are moreover allegations that Debian will do the same, in the same way Mono boosters infected both distros in tandem or in turn.
Worsening Staff Affairs at Microsoft
Microsoft is managing to piss off many of its own workers
Czech Mate for GNU/Linux on the Way
Czechoslovakia is having none of that "peace for our time" with Microsoft
Nobody Will be Left Who Trusts IBM Anymore
The common theme is, the management must be completely replaced as soon as possible and truth needs to come out
Wall Street is a Bubble and No Company is Worth 5 Trillion Dollars
It's not hard to see which stocks will crash the hardest (or fastest)
The Corrupt Have Historically Tried to Paint Their Exposers as the Real Problem
As usual, there are efforts to shoot or muzzle the messenger
Search Engine Market Share in Italy: Microsoft Falls to Third in Many Countries Including Italy
Expect more layoffs in Bing
Links 20/07/2026: Spotify Drowning in Slop, Expiry of Software Patents in MPEG-4
Links for the day
Gemini Links 20/07/2026: Another Step Towards Owning Personal Data and Gemtext2 Envisioned
Links for the day
European Patent Office (EPO) Series: Public Missions and Private Ambitions
Despite the French government's strong formal pushback, the lobbying momentum generated by Campinos and Negrão proved unstoppable
"DOOM" and "Bloodbath": the State of Microsoft and XBox
Way to piss off fans
Karen Melchior Fought the Good Fight
stay tuned for Part 29
Links 20/07/2026: Notes on E-mail Encryption, Torvalds and His Employer Paid a Lot to Promote Slop (Pyramid Scheme)
Links for the day
What a Difference Six Years Make...
We are also beta-testing a new feature for the site; we plan to announce it some time soon
When It Comes to Slop, Richard Stallman is Opposite of Linus Torvalds
When it comes to computing, Dr. Stallman has long been a voice of reason
Daniel Pocock is in Mainstream Media This Week
Pocock's haters will absolutely hate this
In His Departure Post, Poul-Henning Kamp (phk) Explains Why Linus Torvalds is Full of "Hot Air" and Slop Bubbles
Having lived through previous bubbles as a UNIX geek, phk cannot be ignored
Whistleblowers Keep Flowing
Later today a police investigator should phone us regarding death threats we've received
We Need Less Gadgets, More Humanity
If people are being honest with themselves, many of the gadgets they claim they "cannot live without" are just excesses and distractions they could definitely leave behind
Technology and Gadgets Got Obese, Just Like Their Users
They now sell us so-called 'phones' for slop
Daniel Pocock in The Guardian This Morning
There is an opportunity here to spread a message, even if Pocock won't win a seat
"Samsung Recently Projected a 19-fold Surge in Second-Quarter Operating Profit", Now There Are Mass Layoffs
In a 9-month period Samsung's debt rose by about 80%
Gemini Links 20/07/2026: Dungeon Meshi/Undertale Crossover, "The Hitchhiker’s Guide to the Dark Web and Beyond"
Links for the day
IBM's Control of the Media "Just Showed What Taking Accountability Does Not Look Like"
It is no secret that IBM pays the media
Microsoft Loses XBox Lawsuit, But There Are More
The collapse of studios continues
GNU/Linux Approaching International Average in Djibouti
One can envisage further gains for GNU/Linux, seeing Microsoft is in such a bad shape
Daniel Pocock "[t]he Australian Taking on Nigel Farage — from Down Under"
This can help raise awareness of some issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 19, 2026
IRC logs for Sunday, July 19, 2026