Bonum Certa Men Certa

You Know That the Unitary Patent (UPC) is in Huge Peril When Its Biggest Fans Admit It's Unlikely to Happen Even Next Year

The long-sought reality distortion field is severely rattled

Unitary Patent expert teams Dr. Ingve Björn Stjerna’s paper on the entryism that helped advance UPC close to ratification



Summary: The tactics of Team UPC turn ugly as they personally target anyone who stands in their way, even a professor/judge who is courageous enough to state the obvious

THE tactics used by Team UPC and the EPO have become uglier. When they don't simply ignore news which they deem inconvenient they attack those whom they don't agree with and disseminate lies instead.



Team UPC is actually too polite a term; they deserve a label like the "UPC cult" because this is how they behave; they also eliminate/crush/delete opposing views. This week we are seeing gently-worded personal attacks or attempts to discredit Professor Siegfried Broß for saying the truth about the UPC. It's stuff like this which reminds us why the UPC complaint was done anonymously. We can envision the sorts of nasty personal attacks which would ensue if the petitioner's/s' name/s became widely known and circulated in the German media.

Thankfully, some parts of Team UPC are giving up on the 'party line'; We at Techrights genuinely think (based on informed analysis) that UPC would very bad for development of software in Europe. British businesses agree, but their collective voice often gets hijacked by a bunch of lawyers who pretend to represent them or their interests. The UPCA was designed by lawyers, it intends to actually harm the industry, and basically enrich these lawyers and their richest clients, which are often not European at all.

IAM 'magazine', which earlier this year spread fake news about Spain (repeatedly in fact, in spite of being constantly debunked), had organised pro-UPC events supported by the EPO and funded by the EPO's PR firm. A change of tune is afoot, however, as this tweet and article from today say that "UPC will not get started in 2017 and don't bet too much on it happening in 2018 either" (or ever!)

To quote:

It’s been a big political week in the UK. On Monday, David Davis, the government minister overseeing the Brexit process, finally had his first formal meeting with Michel Barnier, the chief negotiator for the EU27, so beginning the discussions around the country’s departure from the European Union. Then, yesterday, Parliament was opened by the Queen following the inconclusive 8th June election which saw the ruling Conservative government unexpectedly lose its overall majority and, therefore, the ability to control the narrative around Brexit and other legislative issues. With the clock ticking down to 29th March 2019 – the date when the UK is scheduled to stop being an EU member state – the country has an emasculated leader and no detailed Brexit strategy. It’s a mess.

Although the dysfunctionality at the heart of the UK political system and the trauma of the divorce from the EU is largely an issue for us Brits, it does have implications for any IP owners that hold assets here or might wish to do so in the future. There are now under two years until Brexit occurs and all the uncertainties around IP that existed on the day after Leave won the referendum continue to exist today – with no sign yet of them being solved. This has major implications for enforcement and for validity of rights granted by the EU IP Office, as well as those that will be granted over the course of the next 20 months.


Dr. Birgit Clark‏, a former 'Kat' whom we found reliable (thus far), has meanwhile taken note of a misleading Battistelli puff piece where his lies to the audience got amplified.

Quite rightly, she tagged it #believeitwhenIseeit and in response to this, Dr. Luke McDonagh wrote: "Major errors in this piece: in fact German ratification awaits a constitutional challenge + Italy&Netherlands both want UK's #UPC division"

Obviously it was some kind of fake news and Battistelli had lied to a large audience of scientists.

Look what level the EPO has sunk to...

One comment at IP Kat, left earlier today, took note of the "Interview of Pr Bross in Juve.de on UPC hence Karlsruhe" -- an interview to which Wouter Pors from Team UPC (he remains one of the chief propagandists for Unitary Patent) responded in another comment by shooting the messenger. Here is his comment:

To my understanding, the complaint relating to the ratification of the UPC Agreement is not based on arguments relating to the EPO Boards of Appeal. This means that the remarks of Prof. Bross with regard to the EPO issues are not relevant for this appeal. Further, I completely fail to see how issues with the EPO Boards of Appeal could affect the UPC, which does meet all the standards for an impartial and independent court.

On the other hand, if issues with regard to the EPO, which are brought forward in other complaints to the German Constitutional Court, would be relevant, that would relate to all European patents that cover Germany, not only to Unitary Patents. But still they would not relate to the UPC.

As the IPKat mentions and I have also understood, prof. Bross is involved in such actions on behalf of an applicant.

Wouter Pors Bird & Bird The Hague



Pors was not alone in attacking the messenger. There was "damage control" from the other "deplorables" of UPCA, notably Christopher Weber and his employer. Earlier on he wrote about "Our report and commentary on @juveVerlag_MK's interview with former constitutional judge Broß on the complaint against the #UPC..."

They actually issued a whole post in their official Web site in response to an article. How pathetic is that? Team UPC is currently very afraid of Broß and Mr. Weber wages a battle for his employer (with stakes in the UPC). He also wrote this tweet linking to his employer. They probably try to appease impatient clients to whom the firm gave bad advice regarding the UPC.

Also in Germany we now see this law firm pretending that it's all just "Postponed", even though there is no certainty about the UPC at all. Anywhere! The concluding part states:

According to reports published on 11 June 2017, the German Federal Constitutional Court has requested the Federal President of Germany to refrain from signing the law that is necessary to ratify the Agreement on a Unified Patent Court (UPC). The president has agreed to comply with this request. The president's signing is the last step required for a law to come into force after it has already passed both legislative chambers in Germany.


At 1:30AM? With just 5% of the politicians present? The whole process has been full of mischief and foul play, nefarious tricks, and one might say political corruption. Now they pay the price for what they wrongly assumed nobody would notice.

Recent Techrights' Posts

Software Freedom Conservancy (SFC) Does Not Support Women, It Imitates Authentic Organisations, Embraces Misogynists, Then Projects
They try to monetise for personal gain at the expense of unpaid volunteers
When You're Evil and You're Publicly Attacking Something, That Something Will Become More Popular
when an oppressor becomes openly oppressive and does anything to squash/censor critics, the outcome will typically be detrimental to the oppressor
Links 10/08/2026: "Against Oligarch" and "The Invisible Women"
Links for the day
Social Control Media Deathwatch: After Nearly a Million Posts Sent EchoFeed Shuts Down
EchoFeed is hardly unique
When the LLM Chatbots Industry (Trillions in the Red) Quits Paying the Media for FOMO
fear of missing out, or FOMO for short
Microsoft Killing Morale
branding the process “inhumane” and “demoralizing”
Google's "AI Overview" as Proprietary Censorship Engine and Gatekeeper
People do not choose to use this, Google is just shoving that in people's faces, encouraging laziness and misinformation
SLAPP Censorship - Part 145 Out of 200: They Tried Hard to Hide the Fact Their Client Had Been Sued, Twice Even
A month ago Brett Wilson LLP tried to take my wife "to the side" (in effect isolated) to make her an offer
statCounter: GNU/Linux Up to 8.95% Globally
So the estimates are being "corrected" upwards, not downwards
Explaining How Someone Attempted to Cancel RMS This Year (and Failed)
The process itself involved debunking some falsehoods
Microsoft's "XBOX Ranks Last", IBM is Headed for Extinction
If Microsoft cannot dominate its own "home turf", what prospects are there elsewhere?
DebConf6 fight denied by Google artificial intelligence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 09, 2026
IRC logs for Sunday, August 09, 2026
Gemini Links 10/08/2026: A Mild Monday, Sleepy Saturday, OUYA, and Moving to GNU/Linux
Links for the day
Links 09/08/2026: US Blackouts (Energy Wasted), Slop to Evade Accountability, and Software Patents Framed as "Hey Hi"
Links for the day
Gemini Links 09/08/2026: Parakeets in Britain and Rant About 'Modern' Washing Machines
Links for the day
Links 09/08/2026: Social Control Media Weaponises Immigration, Europe Suffers Severe Drought, and "Internet of Stuff" Explained
Links for the day
SLAPP Censorship - Part 144 Out of 200: The "Hired Guns" ("Media" at BW) Shrank Almost Three-Fold Since They Sued Us in 2024
No wonder they're so visibly outnumbered
10 Days Ago Red Hat Formally Terminated Employment of About 500 Technical Workers (the Media Didn't Mention This)
IBM has nothing left to do except fire people (in secret) whilst attacking sites that give these people a voice
Freenode Continues to Shed Off Servers and Users, Good Thing We Abandoned It
you cannot sell communities. It leads to chaos
Daniel Pocock in the Sunday Times (Today)
Expect the attacks (from Pocock's haters, motivated by envy) to intensify
Controlling One's Platform
We need to strive for or actively pursue a Web where everyone has their own platform/s and where censors ("moderators") have no direct control over these platforms
Improving the Static Site Generator (SSG), Fixing Bugs
Next month the site's SSG turns 3
Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026
Red Hat is in Need of a 'Jolla', as an IBM-Controlled Red Hat is Becoming Like the Microsoft-Infiltrated Nokia
Dying fast, partly by design
Gemini Links 08/08/2026: Gigs, Poems, SREs, and Shared Passion
Links for the day
If GNU/Linux Rising is Just "Bots" (It's Not, Many Surveys Show the Same), Why Does Microsoft Rush to Lie About System Requirements of Vista 11?
The real reason is, GNU/Linux is rising
Kompromat Tactics in GNU and Linux
Kompromat as a concept was covered here in the past in relation to Microsoft
SLAPP Censorship - Part 143 Out of 200: After Nearly 10 Attempts to Settle With Us and Over a Million Pounds Spent on Lawyers and Barristers
We are in no particular hurry
20 Years and 43 Years
GNU/Linux is not just code, it's a philosophy, licence (copyleft), and community
GNU/Linux Turns 43 Next Month, Many Distros Actively Maintained
A lot of Debian-based distros are still actively maintained (we talk about this in IRC this evening), so the stability of the Debian Project is important
Links 08/08/2026: GAFAM Colonialism "Paved Over Protected Wetlands", Slop Companies Hoard Software Patents as Debt Soars to Trillions
Links for the day
Links 08/08/2026: "Palantir Paid No Federal Income Tax" and "Who's Responsible for This Mess?"
Links for the day
Retained: The Time IBM's Red Hat Tried to Hijack or Take Offline Site of Critics, Failed on All Grounds (Meritless Action Intended to Harass Critics)
Replicated from adrforum.com
IBM's 'Final Solution': Censor Sites Not Controlled by IBM, Sites Where Dissent is Expressed
IBM has no culture of free speech
More Mass Layoffs Coming IBM's Way (Ones IBM Cannot Hide, Cannot Convince Enough People to Leave or Unjustifiably PIP Them When They Say No)
The company that was like a "father of modern computing" is now stingy when it comes to travel. Not a good sign.
What Will it Take for Mainstream Media to Report Silent or Secret Layoffs at IBM?
"Silent" or "secret" sometimes because the media won't cover them
Is the Future of IBM Red Hat Temporary Staff, Contractors?
They want cheap, obedient lemmings
Gemini Links 08/08/2026: Tribute to Lloyd Center, Radio Amateurism, Homeworlds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 07, 2026
IRC logs for Friday, August 07, 2026