Bonum Certa Men Certa

António Campinos Goes to UPC-Hostile Country, UPC Continues to Languish and Team UPC Carries on Pushing for Software Patents in Europe (Courts Also)

António Campinos for UPC
Source



Summary: The Unified Patent Court (UPC) fantasy has fizzled, but those striving to interject software patents agenda into Europe from the back door (e.g. labeling these "AI" or ignoring the stance of actual courts) aren't giving up just yet

TODAY will be mostly about USPTO matters (major things have just happened), but before we turn to that, let's look at the latest developments at the European Patent Office (EPO).



Yesterday, for the first time in a long time, the EPO did not bombard Twitter with software patents advocacy (typically 2-4 times per day, even more so lately). Even though software patents in Europe aren't allowed "as such", today's EPO is quite blatantly ignoring even its own rules, in the name of so-called 'production' targets.

Days ago António Campinos went to a nation that opposes the Unitary Patent, a Trojan horse for software patents in European courts (not just patent offices). One of the large nations that oppose the Unitary Patent (there are several, including Poland) is Spain and "[d]uring his official visit to Spain last week, President Campinos met with Ministers to discuss how to further strengthen the patent system and support innovation and economic growth," according to the EPO's tweet. From the corresponding article, which merely continues this tweet: (warning: epo.org link)

During his first official visit to Spain last week, EPO President António Campinos met with Ministers to discuss how to further strengthen the patent system and support innovation and economic growth. Meetings on Monday were held with the Spanish Minister of Industry, Trade and Tourism, María Reyes Maroto Illera, the Undersecretary for Industry, Trade and Tourism and President of the Spanish Patent and Trademark Office (SPTO), Fernando Valdés Verelst, and the Director General of the SPTO, José Antonio Gil Celedonio.


"Unitary Patent" or "UPC" isn't mentioned. The EPO too seems to have come to grips with the Unitary Patent's death (Campinos hasn't mentioned it in over two months). But Team UPC is still in denial; it is pushing UPC agenda as well as other malicious things. As a pro-UPC site put it yesterday:

In-house and private practice lawyers discussed driverless cars, protection strategies in a digital world, compulsory licences, the UPC and FRAND at the European Patents Forum in Paris


UPC is also mentioned in this new press release and a tweet from Bristows, which links to Alan Johnson. He speaks of a document that "sets out the [no 'Brexit' deal] scenarios as currently foreseen, the implications, and the actions for business and other stakeholders, concluding by recommending that businesses seek legal advice on how these arrangements could affect their business model or Intellectual Property rights."

One can interpret "recommending that businesses seek legal advice" as "go pay Bristows some money for flawed or intentionally-misleading advice on UPC."

Team UPC has no remnants of credibility by now. Every prediction it had given turned out to be false. The British Law Gazette's Michael Cross then published about this under the headline "Government admits 'no deal' could mean exit from patent court" (misleading headline).

No, you cannot "exit" something you never entered in the first place (and which does not even exist, either!). Quoting Cross:

New advice from Whitehall on the consequences for a 'no deal' exit from the European Union concedes for the first time that this could mean withdrawal from the embryonic 25-nation Unified Patent Court. Until now the government has insisted that the court, part of which is due to be based in Aldgate Tower, London, was not an EU institution and therefore would be unaffected by Brexit.

However a notice issued today by the Department for Business, Energy and Industrial Strategy states that the UK will have to 'explore whether it would be possible to remain within the Unified Patent Court and unitary patent systems in a ‘no deal’ scenario'.

The note also points out that there is still a possibility that the court may come into being in any case as ratification by Germany - which is subject to a court challenge - is still outstanding. 'If the Unified Patent Court is never fully ratified, the domestic legislation to bring it into force will never take effect in the UK.'


Team UPC will carry on misinterpreting government documents to spread the infamous two lies.

Marks & Clerk (Team UPC) has long lied about software patents (to make 'sales') and this morning we saw Marks & Clerk's Stéphane Ambrosini giving misleading advice on software patents in Luxembourg because patent courts would not honour these. Here is the relevant part:

In view of the lack of examination during the Luxembourgish application procedure, notionally all software inventions can be patented in the jurisdiction.

However, to achieve a stronger presumption of validity, embodiments of patented software inventions should exhibit a further technical effect, analogously to the legal test practised under the European Patent Convention. In practice, this means a concrete effect achieved by the software beyond the conventional physical interactions between the program and the computer on which it is run.


That still does not give it presumption of validity; European courts (not UPC) do not view software patents favourably. We have been tracking these matters for well over a decade. Going back to Team UPC's favourite platform, watch these patent zealots promoting software patents in Europe under the guise of "AI": (calling algorithms that)

Directors from the European Patent Office gave guidance at this year’s European Patent Forums in Munich and Paris on how inventors can successfully patent their artificial intelligence or machine learning solutions


Well, "AI" is merely a buzzword and one that the EPO habitually promotes as a cover for software patents in Europe. As for "machine learning", we'll deal with that in another post later today.

Recent Techrights' Posts

Why Would Anybody be Afraid of Talking to Richard Stallman?
We need to get rid of the baseless stigma
EPO on Strike
organisation operating outside the Rule of Law
Affirming What We Already Know: Solicitors Regulation Authority (SRA) is Profoundly Incompetent
"SRA ordered to pay solicitor £50k in costs after failed prosecution"
 
Only One in 33 EPO Staff Voting on the Strike Opposed It
Kudos to all those who participated in the strike
Still Hoping for "Slop Zero" in 2026
We've also noticed that linuxiac.com shows a glimmer of hope this week
Links 30/01/2026: Waymo Crashing Into 'Small People' (Children), Microsoft at Risk Due to Slop Debt
Links for the day
Amutable’s Management and Founders Are 100% Microsoft!
It'll be focused on promoting Microsoft's agenda in everything it does
IBM Tries to Get Rid of Workers Without Paying Them (and It Appears to be Working)
be sure to speak to people who actually work there
He Has No Money, But He Has Power, He Has a Voice
That's why they envy and attack him
Free Software in Swiss Media This Week
RMS is still going places with his Migros bag (Swiss retail giant)
TV Programs Disseminate False Numbers of Microsoft Layoffs (About 31,000 Laid Off Last Year, Not Including PIPs, Contractors and so on)
large-scale layoffs are inevitable, no matter how long Microsoft delays or procrastinates
Links 30/01/2026: Microsoft's "OpenAI Is Headed For Bankruptcy" and Bitcoin Crashes
Links for the day
Amutable is a Microsoft Proxy Like Xamarin, With Some IBM/Red Hat Staff Added for Good Measure
Amutable chasing money and trying to impose TPM etc. on everybody
The Letter Sent to the Ringleader of the Alicante Mafia This Week
Call for industrial actions to stop the salary erosion of EPO staff
Oracle's Debt Exploded by 22 Billion Dollars in 6 Months, the Ponzi Scheme With Scam Altman Was Classic 'Pump and Dump'
The founder of Oracle now uses his wealth for right-wing ideological reasons, nothing else
Facebook ('Meta') is Dead Meat, This GAFAM Company's Debt Exploded by Almost 33 Billion Dollars in Just 3 Months (11 Billion Per Month)
we can expect many sales/contracts to get canceled
Australia's top nurse takes on Musk, Zuckerberg & rogue health influencers, birthkeepers
Reprinted with permission from Daniel Pocock
The "Alicante Mafia" - Part XVI - The Associates of Mr. Cocainegate Don't Want to Talk About Cocainegate (Right of Reply)
Nobody wanted to talk about cocaine at the EPO
The "Open Source" (Corporate Openwashing) Fake Community Rejects Democracy, Open Source Initiative is in Effect Dead
This is basically the end of the OSI
Cracks and Holes in Microsoft's Slop Bubble (Also, Windows is Declining)
"More Bad News For Xbox As Microsoft Blames Gaming For An Annual Decline In Its PC Business"
Microsoft's Debt Exploded by More Than 20 Billion Dollars This Past Year, Says Microsoft
Expect more mass layoffs
Strike at the EPO Today
Next month we'll start a new EPO series
State of the Slop and The Register MS Runs Ads as 'Articles'
Yesterday we could not find much slop about "Linux"
Gemini Links 30/01/2026: Announcing Crossyword and SYN Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 29, 2026
IRC logs for Thursday, January 29, 2026
Gemini Links 29/01/2026: Naps, Letting Go, and Terribly Cold Weather
Links for the day
Links 29/01/2026: Kennedy Center Officials Resigning and Amazon to Cut 16,000 Jobs
Links for the day
Goodbyes to Red Hat and IBM
PIPs let them do the same with less "wasted" on severance or with obscene narrative-shaping
RMS Was Right 35 Years Ago
Stallman’s viewpoints have remained the same
The Need to Understand the Projection Tactics Against RMS
There's an old and common saying (or "wisdom") about who's guilty when there's a fart in elevators (lifts)
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026