Bonum Certa Men Certa

Germany Cannot Ratify the UPC Because Britain is Leaving the EU and Unitary Patent Strongly/Strictly Depends on the UK

Unless they went back to the drawing board and restarted all the negotiations, with Britain ruled out and the UPC being something altogether different (maybe renamed, too)...

I want to believe
U.P.C. is the new U.F.O.



Summary: The chorus of the German patent microcosm and Team UPC, including several IP Kat writers, who collectively in their echo chamber want to believe -- and also to convince all of us -- that the UPC will be ratified in Germany "real soon now!" (but no, they cannot without the UK changing its mind on "hard Brexit", amongst other tall barriers and legislative obstacles across Europe)

THE source of many deliberate lies, the EPO, continues to amaze us with its incredible lobbying push for the UPC. It's not only expensive but it also corrupts European media and harms its reputation (e.g. fake news, which we have just learned is spreading to Spanish media). Previously in this evening's series we summarised the past week's developments as follows:





Now it's Germany's turn. That's like the heart of this monster, not just the EPO's but also the UPC's. There are probably veiled reasons behind Maas refusing to enforce the law against Team Battistelli. With the UPC, unlike with the US patent system (which includes the notorious state of Texas, capital of litigation), there is federalism and fragmentation. Countries like the UK, Poland, and Spain (very large countries) still seem far from joining or being assimilated to the Borg, so to speak. Don't believe the fake news and the hype from Team Battistelli and Team UPC. They have a long track record of lying and they have already shouted "Wolf!" more than thrice.

"It's not only expensive but it also corrupts European media and harms its reputation (e.g. fake news, which we have just learned is spreading to Spanish media)."So, what's the deal with Germany? Not much. Team UPC, Bristows for example, toes the party line. A day ago, on a Saturday, Richard Pinckney said that "German parliament passes two bills required for UPC ratification" and he hopes to give the impression that Germany's ratification is now imminent and inevitable. But it's not. Germany won't ratify as long as the UK does not (and it cannot!).

Watch tweets from UPC proponents who repeatedly use terms like "green light". This is all conditional, contingent upon lots of things. Citing the Bundestag's site, this person says "German #Bundestag gives green light to #UPC. Actual #ratification to happen later."

Look at the certainty. Here is another tweet to that effect: "Lower House of German Parliament #Bundestag has given green light to implement #unitary #patent in Europe"

What do they even mean by green light? Something like Chinese government officials giving the green light for Siemens to relocate to China. It doesn't mean it will actually happen.

"Don't believe the fake news and the hype from Team Battistelli and Team UPC. They have a long track record of lying and they have already shouted "Wolf!" more than thrice."A pro-UPC account ("UPC tracker") said "Bills providing basis for ratification of UPC passed unanimously by DE Bundestag. Speaker: "doesn't happen often.""

Well, how often does one vote on UPC? Only once.

Talking about the FFII, Benjamin Henrion urged for action in Germany when he wrote: "You wonder if it is useful to have a German association if no German don't do shit when UPC goes through Bundestag..."

Alexander Esslinger‏ (a.k.a. "patently German") wrote: "This news will probably dampen rumors about Germany not ratifying #UPC due to some open questions in connection with Brexit" (not really, unless you are Esslinger‏, in which case the UPC is desirable to you).

Esslinger‏ alludes to discussion among people from IP Kat (former writers). Birgit, as I told her, should know about this as a German working in the UK. Tufty wrote to her: "I'm suspicious of everything about the #UPC. It would make sense for DE to delay ratification until effect of #brexit is clearer."

She had said that "all these suspicions... you Germany will still play the Article 50 waiting game? They could have stalled it yesterday?"

She also wrote "Let's just hope the Bundestag calls the #UPC by its correct name... (not "unified software patent" or similar," linking to this tweet from a dubious pro-EPO site. It says that "UK has signed the UPC Protocol on Privileges and Immunities ahead of its ratification of the agreement, but whether the country does ratify in the fallout of its vote to leave the EU remains to be seen."

"What do they even mean by green light? Something like Chinese government officials giving the green light for Siemens to relocate to China. It doesn't mean it will actually happen."It does recognise that Germany depends on what happens in the UK. Time is running out for Team UPC (EU-wide) because of Article 50. They know what it would mean to the whole scheme when invoked in as little as weeks from now, so they resort to dirty deeds (like those covered here earlier this evening).

Here comes another UPC proponent, this one also from IP Kat, which never criticises the UPC and only ever promotes it (as recently as a week ago). So much for a 'balanced' blog, only ever sobbing if there's a setback or lack of progress for the UPC.

Mr. Smyth, an occasional booster of the UPC (he does a lot to promote it), wrote: "New #UPC rumour - Germany may not ratify until result of Art 50 negotiations known. Could that be true? If so catastrophic #patentforum2017"

"Catastrophic to your employer," I told him. "What about people who actually make stuff?"

"I honestly don't believe that Jo Johnson cares about what's good/bad for the UK e.g. UPC," I added later. "Just like his brother on Brexit..."

It increasingly seems like Johnson does not care about legal aspects, either, as he cannot ratify the UPC and pray that it will miraculously survive after Brexit (or that they can 'patch' the UPC 'on the go' so as to 'retrofit' it to an untenable ratification). Might Battistelli pull that famous trick that involves money/gifts?

"Here comes another UPC proponent, this one also from IP Kat, which never criticises the UPC and only ever promotes it (as recently as a week ago)."The whole thing is insane!

"Making rules of procedure of a court with an administrative committee like for the UPC is undemocratic," Henrion noted, and "against German Constitution...."

A couple of days ago Bristows said in its blog that "PPI will give legal personality to the Unified Patent Court and provide the Court and its judges, Registrar and other staff with the various privileges and immunities."

How does the post-Brexit UK feel about such 'freedom' and 'independence' from the EU? This just serves to remind everyone out there how crazy this whole thing is. This would not only bring software patents to the UK from the back door (including litigation and enforcement from courts that don't speak English!). It would also invite patent trolls from other countries and continents to the UK. All those Chinese companies with sloppily-granted EPs can do a lot of damage here if the UPC passes (not that it's expected to happen, not in the UK anyway).

The loudest proponent of software patents in Germany asked FFII, "do you really think the #UPC will change anything for the #patentability of #software?"

That's obvious. One has to be seriously misinformed and deliberately in denial about it to say the above. We covered this subject many times before, citing various luminaries and experts to support that assertion.

As Henrion put it, "yes, it will rubberstamp the insane EPO practice." (the EPO grants software patents, unlike UK-IPO)

"The whole thing is insane!"Imagine what would happen if, instead of national courts (tied to NPOs like UK-IPO), the above-the-law EPO with its taste/savour for software patents gained prominence here. Imagine what would happen if the UPC ever gained a political foothold. Disaster!

Henrion concluded with, "the unitary patent is an ugly mixture of EU law and international law, not even an EU court [and thus] undemocratic..."

If at any point this month Johnson does the unthinkable and slips in a ratification (without even a debate in Parliament), there will definitely be protests. And if the UK goes ahead with Brexit before ratifying (as should be the case, as per the law), then all the above gossip about Germany is just a crazy pipe dream.

Recent Techrights' Posts

The Slopfarms' Business Case (or Business Model) Never Existed and Nowadays, in 2026, They've Mostly Collapsed
Hopefully by year's end many slop suppliers will be offline and slopfarms that rely on them throw in the towel
IBM CEO and CFO Make It Hotter in the Kitchen
Who's gonna leave the kitchen while they cook the books?
Jim Zemlin's 'Linux' Foundation is the Real Link Between Linux and Pedophilia
It's about the deeds, not the words
 
Links 28/02/2026: Bill Epsteingate Admits Sex With Young Girls, "Epstein Files Are the Horror That Keeps on Giving"
Links for the day
IBM: Where Companies Come to Perish
thelayoff.com is censoring stories
Tech Layoffs Are Not Because of Slop, They're an Effect of a Rotting Economy and Tech Giants Being Too Deep in Debt
Block is rapidly sinking in debt
March in London Today Against Slop's Harms to Society (and the Environment), Starting at 12:00 GMT at the Microsoft OpenAI Office
Today there is a protest in London (UK)
Microsoft Mass Layoffs Have Officially Resumed, Microsoft's Waggener Edstrom/Frank Shaw Lied
"The former employees say this was a mass layoff"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 27, 2026
IRC logs for Friday, February 27, 2026
Links 27/02/2026: Block Cuts 40% of Its Workforce While Blaming Ponzi Scheme, Netflix Backs Out of Bid for Warner Bros.
Links for the day
Gemini Links 27/02/2026: Unlearning Literacy (Slop) and Firefox as Slop-ware
Links for the day
It Looks Like Linux Chief Linus Torvalds Made a Good Call Regarding Kent 'Slop' Overstreet
Having never met or even chatted to Overstreet, I'm not in a position to judge him
Links 27/02/2026: Slop Incompatible With Nuclear Codes, Chinese Slop "Chatbots Censor Themselves"
Links for the day
Please Report the European Patent Office (EPO) to Europol for Cocaine Abuse and Tampering With Witnesses and Media to Hide This Cocaine Abuse
there are already police reports connected to the matter
Like a Mafia: Kris De Neef and Nellie Simon, Who Help Campinos Cover Up Cocainegate at the EPO (Substance Abuse at the Highest Office), Are Bullying EPO Whistleblowers
They're all in this together [...] At this point, undoubtedly, the EPO is run like an organised crime operation. Nothing more, nothing less.
pulltheplug.uk Says the Internet Harms Us, Will March in London Tomorrow
Maybe the site is down due to high access demand
EPO Management Trying to Hide Cocainegate, Silence/Discredit Whistleblowers, and Probably in a Panic Due to the Strikes
At the moment, Johannes' mates are receiving over 100,000 euros as a reward for doing illegal drugs
The GNU Manifesto Turns 41 in March (Next Week)
And RMS turns 73 next month
The Sister Site is Still Improving the Static Site Generator (SSG) We Use in Techrights
We have a common mission and every week we make measurable advancements
Techrights is 100% Disconnected From Cheeto's America, the Problem is Hired Guns in London Helping Violent Americans Attack Us Domestically
Not a new problem, not limited to us
Greenland Needs to Disconnect From United States Tech to Protect Its Independence
The more Greenland protects itself from Social Control Media, the more robust or resilient it'll be to regime change
Open Source Endowment (OSE) Looking to Raise Money for Free Software, But It's Hard to Know who Runs the Open Source Endowment Foundation
Their Web site does not (easily) show who the Board of Directors includes
Apple Doesn't Want Anybody to Ask What Happened to Vision Pro
They lost a lot of money
Solicitors Regulation Authority (SRA) on Slop and Breach of Confidentiality
They should absolutely not ignore this
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026
[Video] "New RMS [Richard Stallman] Positive Media" Reaches Millions of Viewers This Week
Assuming 5+ million people will watch this on the first week, that's good publicity for the Free software movement
Another Quiet Slop Day Passes By
the number of slopfarms we can locate/track is fast decreasing
Gemini Links 26/02/2026: Sending a Thesis and Lupa/Onion ("Lupa now lists Gemini .onion addresses")
Links for the day
Links 26/02/2026: Bcachefs Man Bonkers, "Seven Journalists Convicted for Taking Photos at Courtroom"
Links for the day
Links 26/02/2026: "Peak Mental Sharpness" and "The Whole Economy Pays the Amazon Tax"
Links for the day
If You Value Privacy, Follow the Likes of Eben Moglen, Phil Zimmermann, and Richard Stallman, Not Back Doors' Boosters Who Mislabel Themselves as Security Experts
Signal is not really secure
"Community" Site Deleted by Jeffrey Epstein-Connected 'Linux' Foundation Had Interview Where Eben Moglen Spoke of GPLv3 and of DRM, Back Doors Etc.
Deleting what happened or what was said two decades ago
Richard Stallman (Free Software Foundation) and Eben Moglen (Columbia Law School) Explained 25 Years Ago That Proprietary Software (and Proprietary Firmware) Would Lead to Back Doors
a fortnight after the 9/11 terror attacks in the US
Writer's Block is Not a Problem to Us, Only a Lack of Time
Or timewasting by aggressive militants who try to silence us [...] People who experience writer's block very often find it depressing (it feels unproductive) and sometimes come to the conclusion that perhaps writing isn't for them
Giving to the Community Versus Taking From the Community (or Worse, Attacking the Community)
some people bring no contributions, only harm
LLM Slop Will Try to 'Rewrite' History of UNIX and GNU/Linux
We occasionally see slopfarms spreading misinformation about UNIX, GNU, and Linux
March Plans for Techrights
next month we plan to start the series about how the SRA failed
Where Does the Solicitors Regulation Authority (SRA) Stand on Machine-Generated Legal Documents and Copy-pasting One Client's Lawsuit to Start Another (for American Serial Strangler)?
Now that many law firms cheat (copypasta, paper DOoS, LLM slop, breaches of rules, even defaming the other side) the SRA cannot keep up
Of Course Android is Not Free Software
That Android is not about freedom should not be so shocking
Talking About Blackboxes
Having just reposted a couple of articles from Alex Oliva
Microsoft Slop is Already Killing XBox
Microsoft will fail at alleviating such concerns
Two Weeks Have Passed and It Looks Like Conde Nast's Ars Sloppica Sacked "Senior" "AI" "Reporter" Benj Edwards But Did Not Remove All His LLM-Produced 'Articles'
the editorial standards at Conde Nast's Ars Sloppica are a joke
Alex Oliva (GNU Linux-Libre): Stricter is Less Popular
Reprinted with permission from Alex Oliva
Fraud and Crimes at Microsoft
A lot of these American companies simply cheat and even bribe
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 25, 2026
IRC logs for Wednesday, February 25, 2026
FSF's Alex Oliva on Hardware Black Boxes
Reprinted with permission from Alex Oliva