Bonum Certa Men Certa

The UPC is Dead, Says Opinion Partly Funded by Team UPC, But Patent Scope in Europe Remains an Issue

UPC, RIP



Summary: The endless lobbying and selfish aspirations of Team UPC are going nowhere but the grave, albeit the scope of patents at the EPO (related to litigiousness and spurious/frivolous lawsuits) is still a cause for concern, especially now that Battistelli turns the EPO into another SIPO or INPI (rubberstamping operation with no effective controls)

THE UPC is in complete and utter disarray. We hardly ever hear about the UPC anymore, especially since the (in)famous speech of the British Prime Minister. A few days ago we saw Bristows LLP/UPC, a key British component of Team UPC, saying that Richard Gordon's opinion "provides limited comfort" (this was also mentioned in IP Kat, where a lot of the UPC boosters hang out these days)



"We hardly ever hear about the UPC anymore, especially since the (in)famous speech of the British Prime Minister."Who is this of "limited comfort" to? Team UPC, surely. The back room schemers and liars don't want to accept that the UPC is dead, if not only in the UK then in Europe as a whole. As Bristows reveals, it actually sponsored this 'opinion', so it's about as legitimate as those 'studies' Battistelli will present this coming week. To quote Bristows (emphasis ours): "The opinion of Richard Gordon QC and Tom Pascoe (here) has been widely reported as providing reassurance that there are no legal difficulties in the way of the UK participating in the UPC post-Brexit. As one of the sponsors of the opinion, Bristows does not share this viewpoint. The opinion merely reaches its conclusions “on balance” and other views remain perfectly credible. Moreover, it is a purely legal analysis and does not, of course, comment upon the political realities of the requirements it sets forth. The opinion makes it very clear that several boxes would have to be ticked in order to maximise the chances of the CJEU deeming the system legal, which are more or less inconceivable in the present political climate, especially following the Prime Minister’s speech at the recent Conservative Party conference. At least in the short term there is virtually zero chance of the UK ratifying the UPC Agreement, and the real question arising is: what are the longer term prospects for salvaging the UPC project – with UK participation?"

"Bristows is also, unsurprisingly, lobbying for software patents and all things that patent trolls love. It's all about patent and litigation scope. For them, the more the merrier."Nothing. Forget about it. Deal with the fact that you advertised fake jobs that did not exist and probably will never exist. That's how unethical the people of Bristows have become and this is why we don't merely single them out; we just know who the enemy of a sane patent system is. Bristows just wants lots of lots of litigation; that's what Bristows profits from. Don't let them get their way as any litigation comes at the rather great expense of people who actually produce things or buy things. Bristows is also, unsurprisingly, lobbying for software patents and all things that patent trolls love. It's all about patent and litigation scope. For them, the more the merrier.

In other news, patents on genetics have taken a massive blow because according to this new report:

The 9-month-old patent battle over CRISPR, a novel genome-editing tool that could have immense commercial value, has taken two surprising twists.

[...]

In last week’s filing, attorneys for the Broad Institute asked patent officials to remove two of its issued patents that focus on saCas9 from the original case, as well as two other patents (and a few affiliated claims in other patents) that describe techniques for enabling the CRISPR-Cas9 construct to target the nucleus of a eukaryotic cell.


Patents on life, along with patents on algorithms, are extremely controversial. For good reasons, too. Both appear to be on their decline/demise in the US right now (if not globally). Companies know this. Recall Mayo.

"Patents on life, along with patents on algorithms, are extremely controversial. For good reasons, too."Meanwhile, regarding the EPO Hepatitis C patent/s which we mentioned here the other day (expectation of decision noted a week earlier), there are more articles about the subject [1, 2, 3, 4] and to quote one of them: "Following the development from the EPO, MdM already claims that “the EPO’s decision means that sofosbuvir in itself is not protected by a patent any more.” However, Gilead was quick to refute the claim. STAT news quotes a Gilead spokesman’s statement which maintained the patent."

There are various groups that combat patent maximalism in medicine. One of them the opportunists in the EPO now try to associate with for cheap PR stunts. "To support #MedsPaL," the EPO wrote, "we are working in close collaboration with @inapichile, @EPOorg & @OnapiRD."

Fro those who don't know what MedsPaL is, see this new article from IP Watch. To quote:

A new database was launched this week to facilitate navigation through the patent field and increase transparency surrounding the patent status of medicines and licences.

The Medicines Patent Pool (MPP), Chile’s National Institute of Industrial Property (INAPI), and global health initiative UNITAID held a side event at the WIPO General Assemblies on 5 October. The event was held to present “MedsPaL”, the MPP’s Medicines Patent and Licenses Database, discuss the difficulties in navigating the patent field, and report on the activities by regional and national patent offices, which could inform and build on the new database.


Why would MedsPaL wish to be associated in any way with the EPO, where abuses against people are so frequent and cancer patients are shamefully disliked? And speaking of association issues, Research and Markets seems to have taken an interest in the EPO [1, 2] and it plans to give seminars in London next month. To quote a portion from one of those two new press releases:

The problem/solution' approach is not officially part of the EPC, but is a criterion which has been developed by case law. It is now is hard to find a decision of the Boards of Appeal which do not rely on the problem/solution approach in order to decide upon inventive step. It looks easy, but when applied, it should be applied correctly. This is not just a formal matter, but a substantial issue of first importance.


One thing that Research and Markets overlooks is that today's EPO violates the EPC on a regular basis, e.g. [1, 2]. It also attacks the Boards of Appeal (see, e.g., [1, 2, 3, 4]), the body/apparatus that's supposed to ensure high patent quality at the EPO and can no longer properly do its job because of understaffing, lack of independence etc. -- especially now that Battistelli puts a mortal end to patent quality at the Office (necessitating these boards the most).

Recent Techrights' Posts

European Patent Office (EPO) Series: Battistelli's "Baltic Crusader"
Gilles Requena, Battistelli's erstwhile "Baltic Crusader" and the loyal servant of his successor Campinos
 
Links 14/06/2026: Energy Cost and Reality Strikes at Heart of Slop Bubble, 75 Data Center Build-outs "Successfully Blocked"
Links for the day
Microsoft CEO Says XBox is Not a Sustainable Business
"Now, we have to turn this into a sustainable business," he said about XBox
MElon (MUSK, Elon) is a Trillionaire Like Penguins Are Mammals
Have media outlets told the truth?
Unlikely Heroes
One personal hero who is not alive (anymore) is Navalny
Bruce Schneier Was Probably Wrong About Slop
Right now politicians who openly speak in favour of slop are committing "political suicide"
SLAPP Censorship - Part 106 Out of 200: 100 Kilograms of Legal Papers
When one party's communications and filings weigh at about 3 KG of paper and another's... at about 100 KG of paper
Links 14/06/2026: More Google Layoffs, Wall Street Deems Companies That Lose Money "Worth" Trillions
Links for the day
Gemini Links 14/06/2026: "The Universe is a Hologram", "Matrix Brain Download", and "Happy 0th Year"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 13, 2026
IRC logs for Saturday, June 13, 2026
Links 13/06/2026: University of Nottingham Confirms Data/System Breach, Courts Fuming at Fraudulent Lawyers Who Fling LLM Slop at Them
Links for the day
Gemini Links 13/06/2026: World Cups and 做人
Links for the day
Microsoft's XBox "Bloodbath" Seems to Have Already Begun (Informally), Studios Allegedly to Face Shutdowns, Layoff Notices Handed Out, 100% Layoffs in Some Cases, 10% in Others or on Average
So is a complete closure/shutdown imminent? (Compulsion Games in this case)
Discussing Morale at IBM and Conversations Regarding IBM Layoffs (Disguised as Other Things)
Trolling can be a form of censorship
European Patent Office (EPO) Series: All the President's Men
Gilles Requena,Patrice Pellegrino, and Sandro Mendonça
SUEPO Elections Coming Up, Union Leaders at Europe's Second-Largest Institution (EPO) to be Determined Soon
The staff union of the European Patent Office (SUEPO) is having an election soon
SLAPP Censorship - Part 105 Out of 200: When Bad Legal Advice Results in Your Client, Dale Vince, Ordered to Pay £600k - or 801,930 United States Dollar (USD) - to the Person Frivolously Sued (Lord Bailey of Paddington)
"A judge has ruled that Dale Vince must pay punitive costs to Lord Bailey of Paddington, the Tory peer, over the 'unexplained abandonment' of his" SLAPP
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026
SLAPP Censorship - Part 104 Out of 200: Exactly Two Years Ago Brett Wilson LLP Humiliated or Weaponised Our Solicitor's Judaism in an Effort to Censor and Gag Us
dated 12/06/24
Half a Year Since Slopwatch Died
To Google's credit, it did manage to delist a lot of slopfarms in recent months
Links 12/06/2026: Science, Windows TCO, and More
Links for the day
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026