Bonum Certa Men Certa

Admissibility of the Unitary Patent Constitutional Complaint Was Likely the Final Nail in the Coffin of the Unified Patent Court (UPC)

Final nail



Summary: Lack of justice at the EPO has doomed the UPC; Inadmissible appeal handling is meanwhile being assessed internally (at the Enlarged Board of Appeal)

THE Unitary Patent system or the Unified Patent Court (UPC) is a subject we have been watching very closely for a number of months. But hardly anything is said/uttered about it. As far as the media is concerned, it's already history. It's dead. There might not be a decision on it from the German FCC any sooner than 2019 and some estimate 2020.



"Don't expect UPC to ever become a reality; they might reconstruct and rename it, but that too can take several years and the EPO is already ebbing away."The EPO, we might add, has not mentioned anything at all regarding the UPC for a month and a half (António Campinos briefly said something about it on his first week in Office). We expect not much to happen for a long time, possibly months. Even Bristows spinners have been mum.

Ghosts of corrupt Battistelli are still lurking at the EPO. J A Kemp's belated mention of the Enlarged Board of Appeal referral a few days ago said this:

Shortly before the end of his term as President of the EPO, Benoît Battistelli referred (see here) the following question to the Enlarged Board of Appeal:

If notice of appeal is filed and/or the appeal fee is paid after expiry of the two month time limit under Article 108 EPC, is the appeal inadmissible or is it deemed not to have been filed, and must the appeal fee be reimbursed?

The referral is now pending under the reference G1/18. The main significance of this question from a practical perspective is that the appeal fee is not be reimbursed if the appeal is deemed inadmissible, but is reimbursed if the appeal is deemed not to have been filed.


Like we said at the time, the Enlarged Board of Appeal no longer has independence; Battistelli totally eliminated this independence -- an issue which itself contributed a great deal to the constitutionality questions.

Don't expect UPC to ever become a reality; they might reconstruct and rename it, but that too can take several years and the EPO is already ebbing away.

Recent Techrights' Posts

After Microsoft's Bankruptcy in Russia Android (Linux) Will Dominate Asia Completely
Windows probably peaked in "XP" or "2000"
India: Windows Falls to 50% in Desktops/Laptops and 8% Overall
laptops/desktops fell to 16% of the whole
statCounter: GNU/Linux Up to 4.7% "Market Share" This Month
30,000 Microsoft jobs may be eliminated by year's end
Microsoft is in Trouble and Microsofters Know It
"I've been happy on Win 3.11 for years."
Links 02/06/2025: Political Leftovers, DRM, and Patents
Links for the day
 
Last Article From Australia's Sam Varghese Was a Year Ago and It Covered the Release of Julian Assange, Who Will Apparently Come Back as 'Politician'
It'll soon be exactly 12 months
Hungary Seems Hungry for Linux
Windows down by a lot
Like in Europe, Bad News for Microsoft in US and Canada
If it loses those "regions", then what's left?
About 8 Waves of Mass Layoffs at Microsoft in 2025 (in Less Than 5 Months), Now Vista 11 "Market Share" Decreases
Really bad news for shareholders of Microsoft
statCounter Sees Bing "Share" Falling Over 0.5% in One Month, Now Lower Than Before the ChatGPT/Bing Chat Hype
Bing has been part of the mass layoffs for quite some time
Microsoft's Demise is a Global Phenomenon
mass layoffs justified using mindless buzzwords
All-Time Highs for GNU/Linux in EU and the UK, All-Time Lows for Microsoft
Combining ChromeOS and GNU/Linux, it adds up to and almost reaches 6%
[Video] New Introduction to Richard Stallman's Contributions Including GNU Emacs, GNU/Linux, and Software Freedom
from the channel previously bullied for supporting RMS
Links 02/06/2025: South Korea to Vote, Russia Blitzed From Within
Links for the day
Links 02/06/2025: Microsoft Spins Layoffs as "Slop", Frontier Settles Lawsuit
Links for the day
When You Publicly Boast About Wanting to Violently Attack People (Even Colleagues) Finding a Job Will Prove Difficult
there's a lesson to be learned here
The Web We Lost, the Information Lost Due to Microsoft's Attacks on Companies Like Yahoo! (Before the LLM Slop Frenzy)
When it comes to news sites, what can we say?
Covering Corruption in Poland, Including a War on Science (Due to Bad Politicians)
What we're about to show is that skilled and experienced scientists in Poland are besieged by bureaucrats
Gemini Links 02/06/2025: "Star Wars Day" and "Security Day"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 01, 2025
IRC logs for Sunday, June 01, 2025
The Openwashing Shills Initiative (OSI) - Part II: Lying to the IRS is a Big Issue
The OSI of today pretends to be something that it is not
Bloodlust and Love of Blades (Fascination With Murder) Nothing New Among Microsofters
Violence is not a joke and no group is magically entitled to make such "jokes"
Links 01/06/2025: Bird Flu, Food Price Inflation, and Growing US-China Hostilities
Links for the day
Links 01/06/2025: "Vibe Coding" Turns Out to be a Fraud and Amazon Merits Boycott, Argue Bloggers
Links for the day
Gemini Links 01/06/2025: "Stardust" and Ideal PC Setup
Links for the day
Links 01/06/2025: Windows TCO, Openwashing, "It's FOSS" Still Promoting Microsoft
Links for the day
Gemini Links 01/06/2025: Simplification and Networks Everywhere
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 31, 2025
IRC logs for Saturday, May 31, 2025
Google Bribes EFF. EFF Promotes LLM Slop as 'Fair Use'. To GAFAM It's a Low-Cost Lobby Hedge.
So the bribes pay off ("slush fund") and the word spreads
Slopwatch: Fake Text and Images, Financial Bubbles, and Scams in "Intelligent" Clothing
Sometimes what they mean by "AI" is just cheap labour somewhere else, as we discussed in IRC a few hours ago
Why Microsoft is Collapsing (Similar to What's Happening at IBM), As Insiders See It
IBM seems like one heck of a mess
Reliable Computing Means Free (Libre) Computing
Sites that want to promote security ought to deal with the biggest issues
Links 31/05/2025: US Court Orders Sides With RFE/RL, War Updates From Ukraine
Links for the day
Gemini Links 31/05/2025: ARM Server and power_supply Subsystem
Links for the day
Links 31/05/2025: Slop Stigmatised as Disinformation, Catalyst/Driver of "Death of Communication"
Links for the day
Common Sense 101: Do Not Write Blog Posts Saying You Want to Murder Colleagues (or Yourself)
Only crazy people would think stabbings are a joke
Microsoft Bankruptcy
"Microsoft unit in Russia to file for bankruptcy, database shows"
Techrights Does Not Compete With LLM Slop, It Exposes the Bastards, Plagiarists and Scammers Who Do That
People like Scam Altman, still facing a lawsuit from his own sister for sexual abuse against her
Links 31/05/2025: Microsoft-Connected Builder.ai is a Fraud and US is Purging Students Based on Race/Nationality
Links for the day
Gemini Links 30/05/2025: Limmat, Doomscrollers, and Arguments Parsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 30, 2025
IRC logs for Friday, May 30, 2025