Bonum Certa Men Certa

Big Blow for the Unitary Patent (UPC) as Even Patent Professionals Say “It's Dead”

German and English UPC



Summary: Issues for the UPC have become too much for momentum to be gained anywhere across Europe, resulting in decay and perhaps abandonment

THE EPO NO longer speaks about the UPC. It has not said anything about 2 months of additional delays, knowing that it quite likely dooms the UPC as a whole (not just in the UK).



"The UPC won't go anywhere from here. It's too late and Battistelli is leaving."Don't ask Team UPC about it. It's an echo chamber where everyone is lying to everybody else; they tell each other what they want to believe rather than what is true.

Earlier this week WIPR wrote about the latest development; the article is quoting only the microcosm, not UPC opponents or any businesses (i.e. echo chamber, as usual). Here is the background to it all:

The German Constitutional Court (Bundesverfassungsgericht) has extended the comment period on the credibility of a challenge to the Unified Patent Court (UPC).

In June, the court announced it was delaying the ratification of the UPC Agreement because of a constitutional complaint brought by an individual.

According to German news site Juve, Düsseldorf-based attorney Ingve Stjerna filed the complaint.


Dr. Alex Robinson wrote about it as well. He has a stake in it and he explained that a "delay until 2019 or 2020 now looks likely, assuming that the BVerfG ultimately gives the UPC Agreement the OK..." (which is their best case scenario). To quote's Robinson's post:

After expiry of the deadline, the BVerfG will first of all decide whether the complaint is admissible. If the complaint is deemed admissible, a decision on the merits will follow. No firm timetable is known yet, but a decision on admissibility is expected in early 2018. If the case is admitted, a decision on the merits is unlikely before the second half of 2018 at the earliest. Given that some of the grounds of complaint include an allegation that the Agreement is contrary to European law, a referral to the ECJ for a preliminary ruling on points of European law cannot be ruled out. If this takes place, a delay until 2019 or even 2020 for the final decision might be expected.



"In other words, post-Brexit," Dr. Luke McDonagh remarked it.

The UPC won't go anywhere from here. It's too late and Battistelli is leaving.

"It's pretty astounding what Team UPC firms got away with. They manipulated the media, politicians, and even their paying clients. Now they have neither credibility nor UPC."David Pearce (better known as "Tufty the Cat" from back in his IP Kat days) has just said the UPC is "dead".

He said similar things before.

Robinson just refuses to accept this; he responded with "UK participation, at least, seems less likely by the day. And even if it goes ahead, without UK in European firms are questioning value [...] Don't want to prejudge merits of case. But a long delay seems assured, at least."

Just say it: the Unitary Patent is stuck and likely forgotten about. Good riddance. It was an affront to society. We wrote literally hundreds of articles about it. It's pretty astounding what Team UPC firms got away with. They manipulated the media, politicians, and even their paying clients. Now they have neither credibility nor UPC.

Recent Techrights' Posts

Richard Stallman to Give Public Talk in Portugal on Wednesday
new addition to his page
Richard Stallman's Hair Has Grown Back and He Does Not Talk About Cancer
May he live a long and happy life
[Teaser] Freenode LTD: What Happened
Upcoming series based on insiders' account with evidence
Links 15/04/2024: Signs of Desperation at Microsoft and Tesla Employees Brace for Mass Layoffs (Update: Yes, Over 10% at Tesla Laid Off)
Links for the day
 
Next Week Marks a Year Since Red Hat Mass Layoffs, Another Round Would be "Consistent With Other Layoffs at IBM."
"From anon: Global D&I team has been cut in half."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 15, 2024
IRC logs for Monday, April 15, 2024
Links 15/04/2024: Navartis, AWS and Tesla Layoffs
Links for the day
Gemini Links 15/04/2024: YAML Issues and Gemtext Specification 0.24.0
Links for the day
New Video of Richard Stallman's Talk in Italy (Delivered a Week Ago)
a working copy of the video
Microsoft Windows Falling to New Lows in the United Kingdom and Worldwide
What's noteworthy here is that there's no sign at all of a Windows rebound
[Meme] Quantity of European Patents
they've rigged the system to make more money
Why do free software organizations eliminate community representatives?
Reprinted with permission from the Free Software Fellowship
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Matthias Kirschner & FSFE People Trafficking, coercion of volunteers
Reprinted with permission from the Free Software Fellowship
Gemini Links 15/04/2024: Profectus Alpha 0.4 and RPG of One Capsule Progress
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 14, 2024
IRC logs for Sunday, April 14, 2024
Oceania: GNU/Linux Measured at Lower Than the International Average (4% or 7% Including ChromeOS)
statCounter's data
Human Rights Tribunal of Ontario (HRTO) Does Not Wish to Become an Instrument of Cost-Free Harassment or 'Cheap Revenge', It Says "Justice is Not Free. Quite the Contrary. Justice is Expensive."
Long story short, there is no lawsuit, there is a just a hateful, lying idiot abusing "the system" (which this idiot rejects entirely)
Achieving Objectives
The 'suits' and their vocabulary can be overcome when their deceit is widely deciphered:
Mozilla Has Turned Firefox Into OSPS Consistent With "Attestation" Objectives
Open Source Proprietary Software
100 years of Hitler & psychological experiments on volunteers
Reprinted with permission from the Free Software Fellowship
Taliban, the Free and Open Source Software Community Team of Afghanistan
Reprinted with permission from the Free Software Fellowship
Links 14/04/2024: Software Needed for Work and Issues in Brazil
Links for the day
Gemini Links 14/04/2024: OFFLFIRSOCH and Gemtext Specification 0.24.0
Links for the day
Links 14/04/2024: Tesla and OpenAI (Microsoft) Layoffs Floated in the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 13, 2024
IRC logs for Saturday, April 13, 2024