Bonum Certa Men Certa

The UPC Gravy Train is Claimed to Have Been “Halted” in Germany and More Oppositions or Constitutional Complaints Are on Their Way

A shipwreck of UPC



Summary: More information surfaces in German and British media today, shedding light on the severity of the mortal situation of the Unitary Patent, which isn't going anywhere any time soon

THE EPO's management is having a hard time today. Benoît Battistelli will probably leave with no UPC in the bag and all these so-called 'reforms' were in vain. Destructive is an understatement.



"Benoît Battistelli will probably leave with no UPC in the bag and all these so-called 'reforms' were in vain."One person asked yesterday: "Are the British now blocking Germany from being true Europeans?"

As we wrote yesterday, Germany cannot proceed without the UK or even on its own, having made some sham votes at 1 AM in the morning. As one comment put it yesterday, "the time table for starting the UPC is in tatters. There is no uncertainty about this."

Here is the full comment:

Even if it is a provisional measure, the mere fact that the German constitutional Court stops the ratification process, shows that the objections raised by the "unnamed private person" must have some value. In the contrary, the Constitutional Court might not have gone so far.

We still have to wait whether the court will accept the petition, and in the affirmative, what the decision as to the merits will be, but the time table for starting the UPC is in tatters. There is no uncertainty about this.

There are further constitutional claims pending before it, but at the moment it is not clear if they are related to the present case, although they might touch upon a similar topic.

In a lecture before the MPI at the end of May, the former constitutional judge Prof. Broß expressed reservations about the constitutionality of the EPO and hence the UPC. Some of the arguments brought forward cannot be simply wiped away and ignored, although some people would like to do so.

We leave in interesting times!


That typo was later corrected with: "Sorry for the mishap: please read "We live in interesting times" and not "We leave in interesting times"."

“the former constitutional judge Prof. Broß expressed reservations about the constitutionality of the EPO and hence the UPC. Some of the arguments brought forward cannot be simply wiped away and ignored, although some people would like to do so.”
      --Anonymous
Indeed.

Well, we certainly hope that ordinary EPO staff understands that this is good news. It is their foe, Benoît Battistelli, who should be deeply worried right now. SUEPO has already taken note of this, having added a potpourri of links from the German media [1, 2, 3] and even the British media, which somewhat belatedly covers this setback for the UPC [1, 2]. We are very certain that some blogs and 'news' sites of legal firms will attempt to spin this soon (the subject of future posts of ours). The German media, which mostly ignored the EPO scandals, clearly realises that the UPC might not be happening at all... after all. Irrespective of whether the UK participates or not. The EPO is primarily based in Germany, the EU's largest economy. Without Germany, there will be no UPC. There are some interesting comments (does not require inside knowledge about the EPO) in The Register. "Obviously," the FFII's President wrote, "TheRegister keeps not mentioning the real constitutional problems, starting with rules of procedure not made by parliament(s)."

"The German media, which mostly ignored the EPO scandals, clearly realises that the UPC might not be happening at all... after all."He later said that the Germany-centric "FFII will submit another constitutional complaint in Germany against the Unitary Patent, still looking for deadlines..."

"Governments don't seem to care," said another person (an opponent of software patents), "they are supporting the EPO by supporting the UPC regardless of the problems..."

Watch the UPC dreamers stuck in denial. One of them wrote: "All, let's keep calm and wait to see what's behind it. Maybe it's easy to remedy, maybe not. Maybe just one last hick-up before launch."

Not really. Based on coverage from Bild and FAZ -- coverage that EPO staff is taking note of and which was much anticipated since yesterday -- this is a "halt", not just a delay. FAZ says that the "German Constitutional Court halts UPC ratification," according to a rough translation.

"Don't expect Germany or the UK to ratify any time soon and without them and their courts there's no prospect of starting anything."Managing IP, having promoted the UPC for years, admits the issue by stating: "Caught unawares by UPC delay in Germany? Ingve Stjerna predicted it in 2014! http://www.stjerna.de/index_en_htm_files/Unitarypatent_Constitution.pdf … .@ManagingIP #patent cc. @hwieduwilt"

It also said: "Germany about to put the final nail in the UPC coffin?"

Hey, the final nail in the UPC coffin?

That's 'our' phrase. ;-)

"For those of us who abhor patent trolls (the vast majority of people, albeit not patent firms), the demise of the UPC is good news."Oopsie (UPC) is not happening. Not any time soon. It's stuck in a limbo if not dying. Don't expect Germany or the UK to ratify any time soon and without them and their courts there's no prospect of starting anything. Don't believe those who claim otherwise.

People continue to pursue additional information while patent trolls, who bet their farm on the UPC, must be pursuing more bogus patents at the EPO. What good will these patents be if there's no UPC for them to sue the whole of Europe with (in one fell swoop)?

For those of us who abhor patent trolls (the vast majority of people, albeit not patent firms), the demise of the UPC is good news.

Recent Techrights' Posts

IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
 
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back
A Lot Less GAFAM in Scandinavia
Are they reacting to geopolitics and risks from the US?
IBM Kills Companies It Bought (Neudesic Seems Like Latest Casualty)
Why isn't even a single publisher investigating those things?
Fake "Linux" Articles
Just because some platform has "Linux" in the domain name and/or site name does not imply that it is a news/Linux site
Gemini Links 31/01/2026: "Proof Without Content" and "Technology Connections"
Links for the day
Links 31/01/2026: Microsoft "OpenAI Representatives Are Going to Critics’ Houses With Threats and Demands", Its Proprietary Chaffbot Faces More Lawsuits
Links for the day
Links 31/01/2026: "Introducing Encrypt It Already" and "Huge Cache of Epstein"
Links for the day
A Can of WORMS - Part I - Trying to Throw RMS Under the Bus at MIT and Everywhere Else
This series won't give air to online 'trolls'
Mobbing at the European Patent Office (EPO) - Part I - An Introduction
When the series ends, some time around the second or third EPO strike of this year, we'll contact the relevant authorities and plead for intervention
The Solicitors Regulation Authority (SRA) Delusion - Part I - Who Regulates This Regulator? (Only Itself!)
We won't self-censor or prematurely terminate this series
Norway Almost Trusts Russia More Than the Bill Gates (Sleeping With Young Russian Girls) Company, Microsoft
Microsoft represents crime
Riddle Us This... (Jim Zemlin and Bill Gates)
Do these people even understand the literal meaning of "safe space"?
Is "Nobel Prize for Peace" a Sick Person's 'Code Word' for Gangbanging Now? Ask Bill Gates.
Watch all the Gates apologists getting all silenced/silent
BBC Gaslights Women Sexually Exploited (Many Under Legal Age) for Its Rich Sponsor, Bill Epsteingate (Gates)
Is this a national broadcaster or a propaganda tool "For Rent"?
Microsoft 'Open' 'AI' Reportedly About to Become Bankrupt, Seeking Emergency Cash Infusion (Loans)
the money promised to Microsoft 'Open' 'AI' failed to arrive
Gemini Links 31/01/2026: Deep Ice and Slide Rules
Links for the day
Writing About Abuse
Never ever allow misogynists to get their way if you strive to live in a decent society
MIT DEDP MicroMasters online learner's blog post about cover-up linked to resignation of Swiss financial regulator
Reprinted with permission from Daniel Pocock
Salary Erosion Procedure (SAP) as the Primary Reason for EPO Strikes
They focus on financials, as the corruption aspects are un-sayable or unspeakable, except in private
IBM Bluewashing: Feels Like IBM is Scuttling Neudesic (and Some of Red Hat)
We recently saw some Red Hat staff joining a Microsoft proxy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 30, 2026
IRC logs for Friday, January 30, 2026
Microsoft Stock Collapsing Due to the Slop Bubble and Microsoft is Hiding Budget 'Black Holes'
Microsoft does not perform like it tells "the media" and "the market"