Bonum Certa Men Certa

The UPC Scam Part V: Unitary Patent Regime a Fantasy of Patent Trolls

The undemocratic patent conspiracy (UPC): We'll just call it something misleading



Summary: "Good for trolls" is a good way to sum up the Unitary Patent, which would give litigators plenty of business (defendants and plaintiffs, plus commissions on high claims of damages) if it ever became a reality

TODAY marks exactly one week since the bizarre statement from the British government, which enjoyed misleading coverage bought/paid for directly and less directly by Battistelli's EPO.



In the previous four parts we explained the reality of the situation and in upcoming parts we'll explain why the UPC is still going nowhere -- consistent with what we have been saying for a number of years. Some words on a Web page of the British government are not enough to make the impossible (or barely possible) magically attainable.

It's worth reminding readers that the legal firm which the EPO unleashed at us for legal threats (in an effort to silence us) is itself part of the UPC's advocacy, which comes to show just how crooked things really are. Basically, a bunch of law firms are attempting to hijack the European patent system by means of endless lobbying, lies, fake (or biased) 'news', and fake job ads (for jobs that don't exist). These are some truly malicious actors. Morals don't exist because they have a mission and they are willing to combat opponents. Our activism is largely reactionary.

Who is the UPC good for other than some legal firms? "Good news for patent trolls," said this comment, possibly from Mr. Benjamin Henrion (FFII) by the sound of it.

Several days ago Patently-O wrote about last week's news, noting that "Europe may overtake the US as patent-litigation-central" if the UPC becomes a reality. Another way to put it is, Europe can become a patent trolls' hub, complete with software patents and everything they currently enjoy in the US (where they file the lion's share of lawsuits). The Unitary Patent fantasists include those who can either represent these trolls in court or represent their victims (defendants). What's not to like, eh?

Earlier today we noted that Microsoft agenda was interjected into an event that's supposed to be about "International Women's Leadership Forum" (here is the report about it). Well, Microsoft and even the UPC were interjected into this event. The latter subject was mentioned by "Deanna Kwong of Hewlett Packard Enterprise," who said that the UPC "will be "fertile ground" for NPEs," i.e. patent trolls (NPE is a euphemism).

Even MIP took note of it, writing in Twitter: "Consensus at #EUPatentUSA2016 that UPC system will attract troll-type activity - IT/TMT panel with @marksandclerk pic.twitter.com/2cbvgnBeSl"

Henrion replied with "oh really? what a surprise!"

We have been warning about this for years.

Here is the relevant part of the report from MIP:

The last six months (since the UK Brexit vote) have led to great uncertainty for Europe's planned Unitary Patent and UPC system, said Bethan Hopewell of Powell Gilbert. But much progress has been made with 11 ratifications so far and much work on the IT system, the Rules of Procedure and the financing.

The latest news, she added, is yesterday's announcement by the UK government that it will proceed with ratification of the UPC Agreement. "What needs to be worked on now is establishing certainty for industry so that the UPC is not undermined when the UK leaves the EU," she said, adding that the UK's role in the system post-Brexit remains to be seen.

Deanna Kwong of Hewlett Packard Enterprise said that despite the progress made there remains a lot of "uncertainty": "I don't know whether it will be a more favourable forum or not ... at the outset it may be a more plaintiff-friendly forum to legitimate it as a forum." Hopewell predicted it will be "fertile ground" for NPEs in the early years.

Kwong highlighted some differences between the UPC and the US system, including less emphasis on expert evidence, faster injunctions and the possibility to amend claims. "Fee shifting is a really big factor - hopefully that will be a counter-balance to the patentee-friendly aspects of the UPC," she added.


It seems like both Henrion and I noticed this at the same time. HP is admitting that the UPC would be good for patent trolls. Remember all those who used to deny it and mocked those who even dared to suggest so?

"HP says EU Unitary Patent Court will fuel trolls," Henrion later wrote.

"This is what patent prosecution & litigation in Europe will look like post-UPC," MIP added, "says Bethan Hopewell of Powell Gilbert at #ipwomen Forum pic.twitter.com/NXxNaFgAuu"

Yes, "prosecution & litigation"...

Not innovation.

Not sharing.

Not competitiveness.

Remember... "prosecution & litigation"...

That's all it boils down to and no wonder prosecutors and litigators are lobbying so hard for it. They want 'nuclear' legal wars to profit from. It's obvious at whose expense.

Recent Techrights' Posts

IBM: We Can't Make 'AI' (Voice Recognition) Do the Work of a McDonald's Teenager, So Let's Try the Same on Saudi Planes
IBM is lost. It's truly lost.
The General Public License (GPL) Inspired the Web's Original Openness/Freedom, According to Tim Berners-Lee
"During the preceding year I had been trying to get CERN to release the intellectual property rights to the Web code under the General Public License (GPL) so that others could use it."
The Real Problem With Rust is Not "Wokeness" (It Never Was)
Don't feed the trolls who attack "Rust People" on political grounds
 
Why?
Why write articles?
Microsoft-Connected Publisher Spinning XBox's Death Spiral (It's Dying Fast) as a Strength and Something Deliberate
"Microsoft’s big gaming pivot"
Slop is Rare by Now
A year ago slop was so abundant that we did a whole series about it, and it was daily
Links 21/12/2025: U.S. Strikes in Syria, "Epstein Files Photos Disappear From Government Website"
Links for the day
Gemini Links 21/12/2025: Labrador Retriever of Lagrange's Developer Dies From Cancer, Political Philosophy, and "Getting to Inbox Zero"
Links for the day
Microsoft is Becoming Irrelevant: The Case of Georgia
Not Georgia Tech
Sirius Open Source is Now Imminently Dead (Struck Off)
compulsory strike-off
Dr. Richard Stallman, Invited by LibreTech Collective, is Giving a Public Talk in Georgia Tech Next Month (Scheller College of Business)
They can probably squeeze about 400 people into this room
25 Years of Activism for GNU/Linux
My passion for GNU/Linux brought a lot of contentment
Africa, Where Microsoft Used De Facto Slaves to Pretend to be "AI", Chatbots Usage is 0.2% of Measured Online Traffic
Judging by recent trends in Africa, many "Windows PCs" are being converted into GNU/Linux computers
New Drone Footage Shows IBM is Dead (Parts of It)
The people who participated in IBM when IBM actually mattered probably have boasting rights, unlike people who work for IBM today
Michael Larabel Adds Slop Category to Phoronix, Quickly Realises That It's Worthless
Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)
After 35 Years the World Wide Web, HTML, and HTTP Are Proprietary
HTTP/2 added a lot of complexity (it's just a Google protocol, based on SPDY originally), many image formats are proprietary and patented, HTML got 'replaced' by Java-Scripts [sic], and many URLs (the URL system was created in the early 90s) are just long strings for proprietary 'webapps'
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 20, 2025
IRC logs for Saturday, December 20, 2025
The Register MS Has Lowered Its Standards Considerably
Incidentally, we've only just noticed that "US editor for The Register since July 2025" has not been active for 4 weeks already
Scamfarms, Spamfarms, and Slopfarms in "Linux" Clothing
Today, Linux searches in Google News produced no slop at all. That's an improvement.
Did Bill Gates Lobby to Blur the Face of the Young Woman He Openly Braces (and Who Isn't His Wife)?
"This photo of of Microsoft co-founder Bill Gates with a woman whose face is blurred out is just one of 68 more photos and documents released today."
Links 20/12/2025: Microsoft Ruins Televisions, 'Epstein Files' Deeply Sanitised (to Protect Particular Culprits)
Links for the day
Gemini Links 20/12/2025: Merry Christmas 2025 and Running a Factorio Headless Server on FreeBSD with the Linuxulato
Links for the day
With 10 Days Left, the Free Software Foundation (FSF) Has Already Raised Close to $300,000 This Winter
they're besieged by despicable corporations and very despicable people
2025 in Numbers
What was very good about this year is that we truly got "into the rhythm" of publishing
More Microsoft Layoffs Coming Soon
When I spoke about Microsoft layoffs (routinely) I got very viciously attacked by Microsoft boosters
My Humble Assessment of the Future of Red Hat, A Company That IBM is Flushing Down the Loo
GNU/Linux will be OK without Red Hat, but shaping the future of it matters because we don't want companies like Valve (DRM) to set the agenda
Probably the Least Useful Gadgets, Ever
as if a "smart" thing worn on the wrist is the "new Rolex"
Former Manager at IBM Research (Yorktown) Says Why IBM is Doomed and the Anonymous Tipline (Speak Up) is a Trap
IBM isn't willing to change or to address internal issues
Links 20/12/2025: Fentanylware Becomes CheeTok and "Why Roomba Died"
Links for the day
Linux Foundation: Richard Stallman Developed Only a Software Licence
We already criticised this report several times last night
Impulsive Writing, Quotas, and Keeping Things as Concise as Feasible
A 10-word sentence being read by a million people can have the same impact or magnitude (exposure-wise) as a million-word book being read by just 10 people
Gemini Links 20/12/2025: Christmas Songs, Storms, and Old Web
Links for the day
Coming to Grips With a Lack of Future at IBM
Red Hat's future doesn't look bright under the auspices as they seem right now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 19, 2025
IRC logs for Friday, December 19, 2025
Links 20/12/2025: Media Layoffs, a Third of Online Traffic is Bots
Links for the day
Barbados: Significant Gains for GNU/Linux
over 5% if one counts ChromeOS as well
Very Shallow LLM Slop for IBM Disguised as Journalism About a "Plan to Train 5 Million Learners in India by 2030" (Unverified Figures With Very Distant Future Date/Year)
The Web has become somewhat of a laughing stock
'Linux' Foundation: The Foundation Has Almost Nothing to Do With Linux, It Just Misuses the Name "Linux"
Only a tiny portion of the Foundation's budget actually goes to Linux
Austria vs GAFAM
another win against GAFAM
Microsoft Has Purchased Another Linux Foundation Seat
From the latest (new) report
No Electronics, No Clocks, No Phones
We're meant to think that more gadgets will make life easier
Gemini Links 19/12/2025: Great Website Rebuild of 2025 and Running OpenBSD in a Hostile Environment
Links for the day
Google News Helps Slopfarms (What's Left of Them)
Lately we've noticed that nothing in the RSS feeds we follow is burping out slop
Links 19/12/2025: Privacy International's Reports and Russian Assets in EU
Links for the day
Today, The Register MS is Parroting Marketing Spam for Ponzi Scheme ("AI") in Exchange for Money
The Register MS should be held accountable when the bubble pops
Red Hat Senior Engineering Manager Leaves (or Gets Pushed Out by IBM) After Nearly 20 Years at the Company
The recent massive wave of IBM layoffs impacted Red Hat and so will the next (impending, Q1) wave
Why We Got Told by Insiders That Almost Everyone at EPO Reads Techrights and Many at IBM Track IBM RAs Via Techrights
In a nutshell, we cover topics almost no other site dares touch
IBM Research Shutting Down Labs, Lots of Workers Laid Off (Even Days Before Christmas in Devout Catholic Country)
Heartless, soulless company
Links 19/12/2025: Windows TCO in NHS, "Locked Out of Apple Account Due to Gift Card"
Links for the day
Nearly Three Months Have Passed Since EPO Cocainegate and the EPO's Management Still Refuses to Talk About It
But it's clearly aware of it
Richard Stallman Explains Why Software Patents Are Really Bad and Very Much Unnecessary
"The relationship between patents and products varies between the fields"
The Copycats of the FSF Have Serious Problems
If you care about Software Freedom, then support the real thing
Once Again, Just in Time for Christmas, UEFI and Its Boot System Turn Out to be a Giant Bug Door (Also a Microsoft Remote Kill Switch)
This industry - even academia - has been deeply compromised
In Activism and Journalism, If You're Ineffective They Ignore You, When You Become Effective They Stalk and Harass You, Failing That They Threaten You
"the Wikileaks effect"
Google Has Begun Linking to commandlinux.com in Google News, But It Seems to be a Slopfarm
This is not innovation, it's sloppiness, laziness, and a modern form of plagiarism
Microsoft Reportedly Tries to Cause Top-Level Managers to Resign If they Don't Participate in the Ponzi Scheme
Apparently even executives who don't play along are given marching orders
Microsoft, Over 120 Billion Dollars in Debt, Prepares Next Round of Mass Layoffs (After Christmas)
Microsoft is not managing to pay back its debt
Links 19/12/2025: Scam Altman Humiliates Self in Public, Climate Alarm Sounded, Egyptian Economist Convicted Over "Social Control Media Posts Critical of the Government"
Links for the day
You Can Get Work Done With Lean Software
obviously!
"The War on Privacy" is Real
"He Built a Privacy Tool. Now He’s Going to Prison."
The Cost of Being Influential
The "tech world" and its monopoly enforcer (patent system) are sleepwalking into autocracy
More Shutdowns and Layoffs at IBM
if someone covers correct but suppressed information, then people will make an effort to find it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 18, 2025
IRC logs for Thursday, December 18, 2025
EPO Violates Laws to Profit More From Invalid Patents, Then Cuts the Budget Allocated to Staff
taking away what was already promised to staff
Only a Few Examples of LLM Slop Found, Mostly via Google News
Is it fair to say that sites learned LLM slop does not offer any real value?