Bonum Certa Men Certa

UPC a Threat to the Boards of Appeal at the EPO (Soon Haar) and to Patent Quality in Europe

Summary: Systemic takeover by patent maximalists who measure "production" in terms of patents ("products") granted and broadened in terms of applicability spells doom for the Boards of Appeal and the EPO as a whole

THE QUALITY of patents at the EPO (and oversight thereof in particular) has slipped away. This is a subject we'll tackle in our next post.



Apparently, IP Kat continues to 'lose' comments because, as this new comment puts it: ("resettlement" is a euphemism for exile by the way)

Apparently my post from last week went lost...

Anyway, the real question is how long is this supposed to last? It is becoming quite clear that quite a few problems are still open: -the one cited in this article: is this all what is going to happen? The President can dismiss a board of appeal member (or put it in a legal limbo, which is effectively the same thing) at will and violate judicial independence and... that's it? -the one with the dismissed union representatives: they are just out and that's it? They are not going to be reintegrated? -the ridiculous resettlement of the boards. Really? -and there is really no real control of the finances of a PUBLIC body which produces hundreds of millions euros every year? Did I hear that correctly?

Am I the only one to wonder?


We have already explained why the above is done. A lot of it may have to do with paving the way to massive overhaul, not reform -- one that may also have examination itself abolished in favour of a system more like INPI or EUIPO. Such a system would hardly necessitate any appeals at all. Examiners too then become a luxury.

The other day we mentioned MIP's report on WIPO ambitions of automating patent translations -- something which relates both to the UPC and to patent filings. They cannot really manage the translation from Mandarin to European languages (not reliable), but that's just a method for issuing more patents that are applicable in more places. Sounds familiar a goal? So-called 'production' and patent maximalism? Read this new report from IP Watch and see the latest developments regarding the UPCA (they can't quite call it UPC if London is out and Italy/Milan is in). To quote this Italian site:

The bill that authorizes the Italian government to proceed with ratification of the Unitary Patent Court Agreement was definitively approved by the Italian Senate on 18 October 2016.

The bill, to become Law No.2524/2016 after publication in the Italian Official Journal, also amends the Italian Industrial Property Code to introduce rules on contributory or indirect patent infringement.

No specific provisions are currently in place in Italy concerning contributory or indirect patent infringement. The bill will introduce into the Italian Industrial Property Code a provision that very closely resembles Article 26 of the Unified Patent Court Agreement.


If UPCA (or whatever they'll call it in the future) becomes a reality, expect even less appeals, more patent trolls, higher damages, and more litigation. Cui bono? ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part XIV - Six Years of Learning Irish, But the Real Issue Was Microsoft-controlled 'Secure' (Restricted) Boot
Had I not opposed back doors in Linux, not of this would come about
Microsoft Sort of Tried to Sell XBox Piecewise (Offloading Microsoft)
XBox is in a morbid state
Linux is Not Controlled by Linus (Torvalds)
Torvalds has become "90% marketing hype"
 
It's Slop
Maybe we'll exclude It's Slop from our curation. It's a Linux Foundation outpost of sorts, an apologist of sloppy code and plagiarism.
Gemini Links 25/10/2026: Moana (2026) and OpenBSD Updates
Links for the day
The Netherlands Fast to Adopt GNU/Linux, "Market Share" Rises to Two-Digit Value (on Desktops/Laptops)
It peaked at around 20% yesterday
DST Still Needs to Get Abolished
Get rid of DST, efficiency will improve and systems will become more reliable
PHP2Shell as Paid-for FUD Campaign (Intended to Help Sell Slop and Fake "Market Value" of Slop Pushers)
PHP2Shell considered overhyped [...] Remember all the paid-for hype regarding Mythos? What happened to all that?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 24, 2026
IRC logs for Saturday, October 24, 2026
Gemini Links 24/10/2026: Arch Linux Journey and Amin Bandali's Priorities
Links for the day
Bluewashing as a Form of Silent Layoffs
IBM will continue to shed off loads of workers while its debt climbs
Turning 20 in 2 Weeks and Upcoming Network Maintenance
That ought not interrupt our anniversary
Microsoft Shutdowns Accelerating, More Shutdowns Revealed (Not Connected to Gaming)
Silent layoffs disguised as "voluntary" "exits"
Links 24/10/2026: Microsoft Blackmail and Lingering Unrest in France:
Links for the day
Gemini Links 24/10/2026: From Bendigo to Kerang, Enshittification of Radio and Music in the UK
Links for the day
Red Hat Sinks With the Blue (IBM) Ship
As IBM's debt continues to soar so do the silent layoffs
The "No Pain No Gain" Expectations in Publishing
Sometimes truth hurts; but that does not mean it mustn't be told
Intercontinental Brigading - Part XIII - Censorship by All Means Available in a Continent So Far Away, as 'Secure' (Restricted, Restriction by Microsoft) Boot Has a Crisis of Legitimacy
it's about America controlling sites and computers everywhere
Links 24/10/2026: Oligarchs Already Buy US Elections, GAFAM Front Group "EFF" Speaks of "Vulnerability Apocalypse"
Links for the day
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026
As Usual, Late on a Friday XBox (Microsoft) Releases Evidence of Its Demise
We covered several such Friday announcements earlier this year
Gemini Links 24/10/2026: Break/Fix and OpenStreetMap
Links for the day
Links 23/10/2026: Slop "is Scaling Transnational Repression" and Infringement and DMCA Suits Against Suno/Anthropic (Plagiarism Blenders)
Links for the day
More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026