Bonum Certa Men Certa

Even Overzealous Patent Maximalists Nowadays Admit That Time is Running Out for the Unitary Patent (UPC)



"Who's next?" ~Insider tweet

EPO death angel



Summary: The UPC is next to 'die' (after ILO-AT, EPC, AMBA, SUEPO and examiners' careers), being a casualty of very serious EPO abuses that impact a lot of people, including journalists whom the EPO kept threatening, never mind the growing danger of being sued using wrongly-granted European Patents

THE silence surrounding UPC is almost deafening. Bristows remained quiet for a very, very long time (like never before) and Team UPC in general isn't even bringing up the subject anymore. To the EPO the subject virtually does not exist; António Campinos mentioned it once (a couple of days after joining the Office), but nothing has been uttered since. SUEPO hasn't mentioned the words/terms for a number of months. We watch the relevant terms closely (monitoring the news) and it's like a ghost town. UPC is almost never mentioned, not even inside the bodies of articles. Yesterday was a rare exception because very vocal boosters of software patents (we wrote about them about a dozen times before and recently they were rather strident about their biases) wrote about "The Unified Patent Court and the Unitary Patent". Shelston IP's Serena White and Charles Tansey now say that "time is running out" for the UPC (that's their headline) and, in their words, "[a]lthough many [Team UPC and the litigation 'industry'] expect the challenge to fail, if it is successful, the UPC will certainly be in troubled waters because Article 89 of the Agreement requires ratification by the three EU member states with the largest number of patents in force. Although this criterion does not mention any states by name, in practical terms it requires Germany’s ratification because Germany is the EU member state with the largest number of patents. Amendment of the legislation would be required in order circumvent this problem, but the question is whether the appetite to continue with the UPC without Germany would still exist."

Here are their concluding words (before the final paragraph that is just shameless self-promotion):

With still no decision on whether or not a legal challenge at the German Constitutional Court is admissible, it is becoming increasingly uncertain if the new legislation for the Unified Patent Court (UPC) and the unitary patent will come into force before the UK’s departure from the EU. This article briefly outlines what the unitary patent and Unified Patent Court are, summarises the current issues and explains the significance of the timing of German ratification in the context of “Brexit day”.


That does not perpetuate the two famous lies often repeated by Team UPC in the UK. What's noteworthy about it is that it's a rare admission from patent zealots that UPC does not have a future. The three Frenchmen below may never fulfill their dream of making European Patents (of rapidly-declining quality) an "EU" thing, no matter how hard they try to perturb constitutions and irrespective of Brexit referendum outcomes. I personally do not believe that Brexit will ever happen, but even if it falls through, the UPC will still be doomed as that may take years of further bickering.

The three Frenchmen

Recent Techrights' Posts

Facebook's Debt Leaps to Over 51 Billion Dollars
A lot of this is a bubble, aside from the bubble the media irresponsibly dubs "AI"
3 Days Ago Over at Tux Machines...
GNU/Linux news
Most of This Month Will Deal With EPO Scandals
A timeline of sorts
 
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025
Linux.com is Becoming Microsoft
They took a once-reputable site with a vast audience and turned it into a pile of trash
Microsoft Lunduke: People Pointing Out I'm a Bigot is a Badge of Honour
It's almost as if he openly admits being a troll and is proud of it
Oracle's Debt Continues Rising to All-Time Highs, The "Slop Bubble" is a Smokescreen for Larry Ellison
wishful-thinking bubble waiting to implode completely
News on the Web is Becoming Rare, Shallow, and Difficult to Find
To efficiently and rapidly find original and important news without underlying comprehension/understanding of the news (and its context) is a hard task
Slopwatch: Linux Journal, Serial Slopper, WebProNews, and More
getting back into the habit
The Cocaine Patent Office - Part III: European Patent Office Officials Cannot Claim False Identification
Corroborating with other sources is always desirable if possible. We shall do so later in this series.
Still Catching Up, Daily Links a Top Priority
Readers who have additional information about the EPO can send it along to us
Links 01/11/2025: "Americans Are Defaulting on Car Loans at an Alarming Rate" While Many Left to Starve (SNAP)
Links for the day
Gemini Links 01/11/2025: FIFO and Gemini Age Survey
Links for the day
Why Does German Media Protect the EPO From Accountability for Cocaine?
Can we trust such media to properly inform the public?
Links 01/11/2025: Microsoft Azure Goes Offline Again
Links for the day
Links 01/11/2025: Microsoft Distributes Malware Again, Radio Free Asia Shut Down by Dictator
Links for the day
November is Here, Anniversary Party This Coming Friday
Expect this site to return to its normal publication pace either by tomorrow or Monday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 31, 2025
IRC logs for Friday, October 31, 2025
Gemini Links 01/11/2025: Synergetic Disinformation and Software Maintenance
Links for the day
IRC Proceedings: Thursday, October 30, 2025
IRC logs for Thursday, October 30, 2025
IRC Proceedings: Wednesday, October 29, 2025
IRC logs for Wednesday, October 29, 2025