Bonum Certa Men Certa

Former 'Kats' Debunk IP Kat (Bristows) on Unitary Patent, Insisting It May Even be Dead

Also: The Tide Has Turned Against the Unified Patent Court (UPC) and It Finally Looks as 'Alive' as TPP

David PearceSummary: Team UPC, whose entire raison d’être is to promote the UPC, struggles to reinvent itself and instead tries drawing blood from a stone, causing all sorts of disagreements among patent professionals (those who aren't in Team UPC)

THE EPO continues to remain silent about the UPC. That silence is due to the fact that the UPC -- like the EPO under Battistelli's atrocious leadership -- may be dying. It's an existential crisis.



Team UPC, however, refuses to remain silent, except when it comes to Germany (it just doesn't want to even touch the subject). Watching Bristows, for example, has become pure comedy/hilarity! Bristows are so technically incompetent that their main RSS feeds are broken (to the point of being not parse-able at all) and their UPC blog is nearly abandoned. It's actually syndicated in such a way that the RSS feed is so bloated that it goes all the way back to 2013! They can't even figure out how to use a decent CMS!

"Team UPC, however, refuses to remain silent, except when it comes to Germany (it just doesn't want to even touch the subject)."Anyway, Bristows remains the last hope of UPC hopefuls. IAM keeps citing Bristows as if it's an accurate source of information (IAM itself is supported by the EPO for UPC propaganda) and based on the Estonia mirage (or Slovenia being the latest distraction vector), Bristows staff wrote this anonymously in Kluwer Patent Blog (after getting caught deleting comments in Kluwer Patent Blog). How much worse can it get? They don't have audience in their blog (they have in fact mostly dropped their own Twitter hashtag after it had been used to debunk them) and now they prey on other blogs! We have already debunked the latest talking points from Bristows twice [1, 2], first based on Bristows' blogs and then IP Kat (where Bristows intruded, as usual). But they can't stop, can they? Even former 'Kats' criticise this, not to mention commenters in IP Kat (those whose comments don't get deleted).

Well, yesterday we spoke to (or exchanged a word with) a former (IP) 'Kat', David Pearce (better known as "Tufty the Cat"). He isn't too happy with the unwarranted UPC optimism and he wrote: "I wonder, do these #upc people have an inside track on #brexit negotiations? If not, their guess is as good as anyone else's. [...] Educated guesswork, but nonetheless just guessing. I predict it's dead, but I'm just guessing too."

"We have already debunked the latest talking points from Bristows twice..."He later said: "I think Barnier and Juncker are desparate not to make brexit a success. If they prevail, I can't see how #upc could go ahead."

Barnier was actually one of the main forces behind UPC.

This isn't the first time that Pearce expresses discomfort over Team UPC's claims. He even links to our responses to these UPC claims sometimes.

Meanwhile at IP Kat (yesterday), Annsley Merelle Ward from Bristows continues to write about the UPC as though it's a done deal just waiting to be sealed/approved. To quote from an 'interview' (advertisement): "Also, as reported previously on the IPKAT the European Trade Secrets Directive will be implemented in Denmark through an entirely new and independent act on trade secrets."

Will be?

"Misattributing claims to Alexander Ramsay, some already pretend that UPC will kick off at the start of next year."As if it's inevitable? The word "would" could be excused, but not "will".

Denmark seems to have just sacked its own head of PTO (DKPTO). Nothing is certain.

Nowadays, Alex Robinson‏ is emerging as a raving fan of UPC and defender of Bristows' spin. Responding to this baseless prediction (which upset Pearce), he later wrote (after challenge): "This seems to me to be a diplomatic way of saying "we have as much idea as the rest of you" - i.e. little to none..."

Misattributing claims to Alexander Ramsay, some already pretend that UPC will kick off at the start of next year. Is this what they tell clients too? Will they lie to them? Will it be like those infamous scenarios where lawyers give clients the "professional advice" which it to give more money to lawyers for more "professional advice"?

“I heard that the Constitutional Court should decide within ~6m whether the action has merit.”
      --Glyn Truscott
There are more comment on these tweets from Mr. Pearce, whose honesty on these matters we've always appreciated (standing out from the crowd that worships a naked emperor isn't easy).

Glyn Truscott‏, a Patent Attorney/Partner at Elkington + Fife, wrote [1, 2]: "I heard that the Constitutional Court should decide within ~6m whether the action has merit. If so, will then be passed to another court....whether this is correct remains to be seen. All a bit opaque at the moment!"

Yes, obviously. In light of the situation at the EPO, it's looking grimmer. What are the chances of a UPC any time next year? Even raving fans like IAM think that the chances are slim.

Regarding the situation in the UK, see the following new comment which stresses the impact of Brexit:

Before the UK parliament debates the affirmative SI , would it not make sense for the JCSI to first check whether there is any possibility of the UK staying in the UPC post-Brexit?

Even if one assumes that Gordon and Pascoe are correct and that the UK's continued participation is possible, there are a number of preconditions that must be met. The problem for the government is that some of those preconditions might be (politically or practically) impossible, or inconsistent with the government's Brexit policy in another area.

Problematic areas that immediately spring to mind are the jurisdiction of the CJEU (both Mrs May and, more worryingly, Mr Hunt have said that this must come to an end) and the time that it will take to get all relevant parties to agree upon and ratify a revised version of the UPC Agreement. The latter point is particularly challenging, as I would question whether there is already too little time - and there will certainly be too little by the time that we might actually know what the UK's exit agreement looks like (and so precisely how the UPCA needs to be re-written).

To me, it would seem to be the worst of all possible worlds for the UK to help bring the UPP to life, only then to (shortly afterwards) exit the EU and (likely) both leave the unitary patent system and bring into doubt the continued validity of anything done under the UPC Agreement. That would take the levels of uncertainty for rights holders and third parties to truly stratospheric levels.

Of course, to take any of this into consideration would require joined-up thinking within government... and so I guess that I had better not hold my breath waiting for that to happen!



A lot of these comments keep citing Gordon and Pascoe, but they too have a financial objective and eggs in the UPC basket. As the above notes, Brexit expectation makes "Unitary" patents rather unattractive a prospect in the UK and brings "the levels of uncertainty for rights holders and third parties to truly stratospheric levels."

We don't expect Team UPC's dedicated writers to quit blogging about the UPC (probably writing about some nations with a very small number of European Patents) if only just to justify their existence. They accomplish nothing by doing this; it merely disgraces their employer and sullies their reputation.

Recent Techrights' Posts

Based on Insider Leaks, Asha Sharma's Job is to Kill XBox While Talking About "AI"
They cite SneakerSO
Linux Kernel 7.0 Release Candidate Comes Out, Stallman Turns 73 in Three Weeks
It predates Microsoft and Apple
In Greenland, Firefox's Gecko and KHTML (KDE, But Bastardised by Apple) Bigger Than Chrome
Are those Danes recognising the risk of monoculture?
IBM Layoffs Definitely Still Happening
Contrary to what some apologists try to say
Don't Use the Future Tense to Discuss the Slop Bubble
Wall Street does not react to reality; it reacts to panic, which is related to expectations
The Broken Window Industry and Its Ongoing Desires to Make Technology Less Dependable
Reliable computing is becoming harder to find
New XBox CEO Typecast in Social Control Media
Microsoft apologists will fall back on (or shuffle between) the "racist" and "sexist" angle
Sites Without JavaScript Deserve Your Visits
We're not arguing that the Web should be as simple or barebones like Gemini Protocol/GemText
EPO Strikes Are Already Working
Campinos is already going "into hiding"
 
Links 23/02/2026: "What Boston Will Cost Me" and Women as Hostages
Links for the day
IRC Usage Levels Seem to be Rebounding This Year
it looks like the total count (tally) of users increased a lot lately
Microsoft Tricked the Media Into Lying About Microsoft Layoffs in January. Now It Does the Same (in February).
Microsoft has got the media by the wallet (or balls)
Free Software Projects Become Slow Due to Slop
It does not improve efficiency or productivity, it reduces both
EPO Strike Has Begun (or Resumed)
The EPO status quo is untenable
Links 23/02/2026: US Surrenders to Climate Change (to Benefit Oil Companies and Slop), UK Court of Appeal to Hear Mazur
Links for the day
GAFAM Jobs No Longer Lucrative
Those days are long gone
Germans Recognise the Contagion is Digital, Not Racial
How to dismantle or neutralise those weapons? Turn them off
Free Software (or Software Freedom) Ain't No Religion
It's hardly surprising that some of the loudest opponents of Software Freedom and its luminaries also disregard or bend facts
Dr. Andy Farnell Explains Why the Slop Industry is Like Trespassers and Thieves
interesting new article about robots.txt files
The Demise of the Solicitors Regulation Authority (SRA) and Profession Based Around Bullying With SLAPPs and Empty Threats
For press to survive and thrive in the UK we need the hired gun to be submerged
Gemini Links 23/02/2026: Imperfect Journal, Evil, and "Progress Goes Boing!"
Links for the day
“Power is a Thing of Perception. They Don't Need to be Able to Kill You. They Just Need You to Think They are Able to Kill You” ― Julian Assange
When leadership becomes corrupt enough to lose a sense of authority its days are numbered; it'll be replaced
IBM Has Already Admitted 2026 Mass Layoffs (in 4Q Earnings Call)
We showed this earlier this month, but some people bring that up again
Reasons to Go on Strike in the European Patent Office (EPO)
If you live in Europe and don't work for the EPO, you can still help
First speech of Chanellor Hitler, Andreas Tille & Debian denounce Branden Robinson
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 22, 2026
IRC logs for Sunday, February 22, 2026
More and More Projects Quit Microsoft GitHub This Year, XBox Will See the Same
Microsoft GitHub's embrace of slop as "strategic" gives us a clue of what'll happen to XBox very soon
Google "Intelligence": Despite Slam-Dunk or "Smoking Gun" Proof, Drug Abuse in EPO Leadership is "Unverified Allegations"
Google's slop (so-called 'AI') lacks intelligence
8,000 Pages/Articles Per Year
We're eager to maintain a good production/publication pace and illuminate the sinister attempts to interfere with Freedom of the Press in the UK
Gemini Links 22/02/2026: Okonomiyaki and Midcrunch Crisis
Links for the day
Freedom Means Accepting He or She Who is Different
In the Debian community we're sadly seeing some authoritarian overreach this month
Microsoft Windows Falls to Another New All-Time Low in Guatemala, It is a Bottomless Pit
Maybe users come to realise that Windows means back doors and those doors are open to a regime that ought not be trusted
"XBox" Will Become Slop After Mass Layoffs
When all else fails, "AI it"
Links 22/02/2026: Hardware Price Hikes Across the Board, "Microsoft Issues Statement on Potential Layoffs"
Links for the day
Microsoft "Layoffs Incoming"
This transition isn't about promoting games; it's about canning the console
Links 22/02/2026: "Bloat of Modern Fitness Apps" and Wikipedia Deprecates Archive.today
Links for the day
Our IRC 5-Year Anniversary (for Self-Hosted) is Fast Approaching
A week from now it's March already
Gemini Links 22/02/2026: Dream Job Gone and Slop in Taskwarrior
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 21, 2026
IRC logs for Saturday, February 21, 2026
GNU/Linux Grew a Lot in Nicaragua
We've not noticed until today
Techrights Has Over 1,000 Good Articles 'in the Tank'
Drafts, notes, and lengthy documents
New Article Challenges Solicitors Regulation Authority (SRA) for Choosing the Wrong SLAPP Cases to Investigate
The one point we can agree on is that SRA does not know how to correctly select the worst culprits/offenders
The Brand 'Watsonx' is a Terrible Name for IBM 'Hey Hi' (Chatbots) Because Watson Agreed With Adolf Hitler
Almost a century has passed and IBM still believes that selling "intelligence", chatbots in particular, should be done under the name "Watson"
Why IBM is Still Scary and Dangerous
Keep a distance from "Big Blue" Bully
Measuring the Growth of Our Mission and Community
Something between experiment and prototype
Richard Stallman in the United States - Part III - Georgia Tech Did a Fine Job Upholding Free Speech Principles
The real problem was social control media (toxic)
Debian's Master is Deleting Criticism of SystemD and Other Things (On-Topic and Published by Debian Developers), Resorts to the Excuse Messages Are "Too Long"
Censorship serves nobody except the masters that control this censorship
Digg's Latest Incarnation Already Failed, It's Infested With LLM Slop
Many submissions go to slopfarms and some get summarised by slop
Gemini Links 21/02/2026: Veganism and DeskPi RackMate T0
Links for the day
On The Web, XBox Already a Dying Breed
Down to about 0.05% on large machines, based on statCounter [...] Microsoft will never publicly admit or say how many billions it lost on the XBox
2026 a Year of 'Top-Down' Microsoft Layoffs (Management First)
Stay tuned for what comes next
Your "Likes" Aren't Yours and They're Mostly "Worthless Clicks"
Social hermits are not popular, irrespective of how many "Facebook friends" or "likes" they get
Waggener Edstrom/Frank Shaw Lied, There Are Definitely Microsoft Layoffs
Microsoft never issued a formal statement, it made allusions by proxy
Microsoft-Controlled Media With Embargo and Press Operatives
This won't be the last example of media manipulation for narrative control or face-saving "damage control"
Slop Hype Makes Our Core Technology Less Reliable and Far Less Resilient (We Pay for the Catastrophe That Follows)
Only slop-free projects can be trusted
Going for 1,000 (Days of Uptime)
universal records are vastly better
Firefox is No-Go in China, Not Even 1% "Market Share" Anymore
Given Mozilla's utterly rubbish marketing these days (politics over technical aspects), set aside the cheerleading for slop, there's hardly a chance of Mozilla Firefox reaching or exceeding 10% again
EPO "Cocaine Communication Manager" - Part III - It's in His Eyes
Workers are free to draw their own conclusions
Links 21/02/2026: Tensions Over Iran and Illegal Cheeto Tariffs, Presidential Approval Sags
Links for the day
Links 21/02/2026: "Moving Away From Cloudflare", Many Layoffs or Shutdowns in Games (Including XBox/Microsoft)
Links for the day
GNU Linux-libre is a Grown-Up Today
"before that, every distro that wanted to respect its users' freedom had to remove itself all of the binary blobs that were distributed as part of the kernel Linux's so-called sources"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 20, 2026
IRC logs for Friday, February 20, 2026
Gemini Links 21/02/2026: "The Evil of Action" and Slop Bots Causing Great Harm Online (Not Just the Web)
Links for the day