Bonum Certa Men Certa

Unitary Patent (UPC) is Dead, But 'Managing IP' and Selfish Patent Law Firms Still Try to Resurrect It

They just refuse to let go, much to Battistelli's satisfaction and everybody else's chagrin (to use a French term)

Bristows LLP and EPO



Summary: The latest attempts to shore up the Unitary (or Unified) Patent Court and who's behind it other than the usual suspects

THE PATENT microcosm, and Team UPC in particular, wishes us to believe that the UPC is not dead. They spent years investing money and time in it, so they're still in denial about its death. They're still in one of these famous stages preceding "acceptance".



"They're still in one of these famous stages preceding "acceptance"."Still trying to salvage what's left of the dead UPC scheme, MIP sets up a so-called 'webinar' (basically live streaming some agenda) and says: "Please send us your questions on Brexit/Unitary Patent/UPC!"

Isn't it a done deal already? The Brexit vote -- however it winds up -- eliminated UPC, and probably not just in the UK. "Why does MIP keep pushing the UPC agenda," I asked online. "Is this reciprocated for by EPO people? Seems so (not directly)..."

"Today's webinar on Brexit & #UnitaryPatent has just finished," MIP later wrote. "Listen to & view the recording & vote results here! http://www.managingip.com/Web-Seminars.html … pic.twitter.com/yvoq7shTBM"

"We are still hoping that someone will explain to us why the EPO Boards of Appeal celebrated this week."Responding to what I wrote, MIP said: "Roy, we're not pushing the #UPC (or any other) agenda. We're just providing a discussion forum. Did you listen to the webinar?"

I asked: "Any critics of the UPC in there?"

"Range of views expressed," they said. "We'll have a blog up soon with more details..."

That's not actually answering my question but instead dodges it, so we'll assume the so-called 'webinar' was a one-sided echo chamber, like the UPC-themed conference they set up last month to assist lobbying [1, 2, 3, 4] by the likes (or lies) of Margot Fröhlinger [1, 2, 3].

Earlier in the same day I asked publicly: "Does anybody know why the EPO Boards of Appeal are celebrating? Is the UPC dead? Well, it is. So what’s the news? AC meeting?"

We are still hoping that someone will explain to us why the EPO Boards of Appeal celebrated this week. No doubt the very prospect of the UPC was taking away their jobs (they're grossly understaffed and perpetually besieged); among their jobs, or imperatives at times, was keeping software patents out of Europe, i.e. upholding the law. I actually wrote to the Enlarged Board of Appeal about this subject in the distant past.

Regarding UPC and Brexit, there is no lack of new pieces from various lawyers that want the UPC and would even lie for it. Here is a new piece by Boult Wade Tennant ("Is there a place for a post-Brexit UK in the Unitary Patent system?") and another one in German ("Europäisches Einheitspatent und Brexit"). Another article, published yesterday by Li Zhu of Robins Kaplan LLP says this:

Some quick history — the Unitary Patent system is the European Union’s attempt in 2013 to propose a new European patent with unitary effect and a unified European patent court (“Unified Patent Court” or “UPC”). Both are designed to promote homogenous patent protection across participating EU states, so companies can enforce their patent rights with greater predictability and efficiency. Under the Unitary Patent system, when a patent is granted, the patentee can request (1) a unitary patent—which is enforced across all participating states in a single action; (2) a traditional European patent; or (3) a unitary patent alongside European patent protection for any country not covered by the UPC agreement. For parties enforcing or defending their patent rights, the UPC could eliminate the unnecessary duplication of multiple actions in different member states and avoid divergent results from parallel court proceedings.


That's hardly a balanced interpretation but more like marketing of the UPC, parroting the tired old talking points.

The title of the article is "Brexit—The End of the Unitary Patent System as we Know it?" but it's not just the end of UPC as we know it (the answer is "yes") but quite likely the end of the UPC as a whole. Don't believe those liars who advertised bogus job openings in the UK for the UPC; they have no credibility, no decency, and total disregards for UK and EU democracy.

Recent Techrights' Posts

Software Freedom Day Celebrated in 5 or 6 Continent
Software Freedom Day (SFD) 2026 was big this year
Enjoy the Giving/Sharing, Not Taking
We've long supported what we believed in, even with the little money we had
 
2026: The Year Galleries Realised the Need to Flag or Cull Slop Images
Society needs to shun slopfarms, people who use LLM slop (for anything at all), companies that use bots (which they dub "agents"), and so-called 'coders' who volley garbage into project and software hubs
Linux Kernel Becoming a Slopfest - Part 6 - Seeing Who Contaminates Linux With Slop (And Also Admits It)
Today we begin looking at some culprits
SLAPP Censorship - Part 191 Out of 200: Garrett, Graveley and Lozza
They talk to and coordinate with one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 20, 2026
IRC logs for Sunday, September 20, 2026
Gemini Links 21/09/2026: Digital Hoarder, GTD, Minimalism vs Digital Minimalism, Rejection of LLMs
Links for the day
Links 20/09/2026: "Google Now Asking For Users’ Video Selfies" and Energy Prices Set to Rise
Links for the day
Links 20/09/2026: Amazon Layoffs, Flock 'Buyouts' (Silent Layoffs)
Links for the day
USCIS and Microsoft Rumours: Curbs on Lowering Salaries by Importing Cheaper Replacements?
It seems like Microsoft's mass layoffs and efforts to cheapen the workforce face obstacles
Gemini Links 20/09/2026: "Music While Working" and Radio Silence
Links for the day
Clownflare Data From Canada
We've like to think many people are attempting to install GNU/Linux over the weekend
SLAPP Censorship - Part 190 Out of 200: Plagiarism, Back Doors, and Sabotage of Linux
This can go on for a decade or longer
Linux Kernel Becoming a Slopfest - Part 5 - Kernel Dependency on Plagiarism Giant Microsoft is a Death Blow to Any Kernel
Microsoft is bringing copyright-infringing slop into Linux
GNU/Linux Has Grown a Lot Lately
Based on Clownflare
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 19, 2026
IRC logs for Saturday, September 19, 2026
Links 19/09/2026: Many Patents Become Candidates for Annulment and Linux [sic] Foundation Takes More Slop Money to Promote Malicious Bots
Links for the day
Gemini Links 19/09/2026: The Fundamental Human Assets, The History of Gopher's "i" Type, and ROOPHLOCH 2026
Links for the day
Links 19/09/2026: "OpenAI and Microsoft Knew They Were Starting a ‘Doom Loop’ [of Mass Plagiarism 'Normalised' by Brute Force] for the web", Calling It "Hey Hi"
Links for the day
8 Series Going on at the Moment in Techrights
4 series about SLAPPs and related matters
Linux Kernel Becoming a Slopfest - Part 4 - Outsourcing to Microsoft, Approaching 10 Gigabytes
Can we blame Microsoft for those DDoS attacks? Partly.
SLAPP Censorship - Part 189 Out of 200: A Terrible Idea to Condemn Projects for Using Slop 'Code' When Your Own Employer Does This (and Profits From Every Company Doing So) or to Call Distros 'Not Secure' While You Advance Back Doors
"I don’t want a back door. I want a front door."
Software Freedom Day 2026 is Today, Week-long Celebration in Brazil
In Brazil, Clownflare reckons about 1 in 20 laptops/desktops might use GNU/Linux already
Red Hat Lost 2,000 Staff (Net Loss)
Maybe by year's end it'll be a 20% reduction
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 18, 2026
IRC logs for Friday, September 18, 2026