Bonum Certa Men Certa

Unitary Patent (UPC) is All About Imposing Patent Maximalists' Ideology of Greed and Self Interest on Courts in the Name of 'Unification' or 'Consistency' or 'Community'

Recent: Concerns About Stephan Harbarth's Unitary Patent (UPC) Vested Interests and His Entrance Into the Constitutional Court That Decides on UPC

The three Frenchmen
Michel Barnier and another couple of pro-UPC Frenchmen



Summary: Pushers of the Unified Patent Court (UPC) are upset that they don't always get their way when independent judges get to decide; as it turns out, many European Patents are just fake patents, more so under António Campinos (shown above with other prominent UPC boosters)

YESTERDAY at Kluwer Patent Blog, a longtime booster of the UPC (because of this site's ownership), John Collins and Sumer Dayal published this long post that said "[t]he “plausibility” requirement reflects UK case law’s harmonisation with the practice and decisions of European Patent Office (EPO). On the other hand, the Full Court clarified that “classical insufficiency” is the relevant test in Australia."



These people just hope to override courts, as usual, or compel them to act as one, across nations and continents, based on criteria set by lobbyists of the litigation 'industry'. Here's more:

The “plausibility” requirement reflects UK case law’s harmonisation with the practice and decisions of European Patent Office (EPO). On the other hand, the Full Court clarified that “classical insufficiency” is the relevant test in Australia.

[...]

The UK Supreme Court noted that the UK would be the only EPC jurisdiction (up to that time) to find the relevant claims to be insufficient. Lord Sumption considered that it would be “unfortunate” if courts in other EPC jurisdictions came to different conclusions, but noted that much depended on “how far the factual and technical evidence before the foreign court was the same“.

The harmonisation of sufficiency law would certainly be of assistance to the commercial interests lying behind second medical use patents. However, the approach of the UK Courts, as evidenced by the decision of the UK Supreme Court, continues to be skewed towards finding reasons to invalidate patents, rather than to uphold them.


That term, "harmonisation" among others (harmony being the theme), has long been misused by Team UPC, predating the time it was even known as "UPC". They called it "Community", too, exploiting the goodwill or feel-good buzz.

"...these people will never rest until patent maximalism reigns supreme at all levels, including the Supreme Court."ResearchAndMarkets also promoted a lawyers' event "for the Pharmaceutical Industry" on Tuesday, with the UPC mentioned in it too [1, 2]. These are paid press releases. We saw similar press releases from ResearchAndMarkets in the recent past and these too mentioned the UPC.

"Corruption seems to be everywhere patent maximalism is to be found."Isobel Finnie (Haseltine Lake LLP) then used the buzzwords "Biotech Innovators" to promote an "UK IPO – EPO Operation" for patent maximalists when she wrote (trying to needlessly rush examination like the European Patent Office (EPO) does):

Unfortunately, due to backlogs at the UK IPO, applicants in the field of biotechnology have had to wait longer than 6 months to receive the UK IPO's search results. To tackle this backlog and to ensure that the UK IPO can continue to issue search reports quickly, the UK IPO announced on 1 February 2019 that they have signed a co operative searching agreement with the European Patent Office (EPO). Under this agreement, the EPO will perform 200-300 searches per year for UK applications relating to biotech inventions. The agreement will last for at least two years and is based on similar co-operation agreements which already exist between the EPO and other EPC contracting states including Cyprus, Greece, Italy, Latvia, Lithuania, Malta, Monaco and San Marino.

This is positive news for biotech innovators because all applicants using the UK IPO can expect to receive the valuable information they are seeking in a useful time frame.

Although UK applicants cannot chose whether their UK application is searched by the EPO, the search report will indicate which authority has performed the search and applicants whose searches are performed by the EPO may be entitled to the following additional benefits.

Firstly, where the EPO has completed the search for a UK application, a later filed European application claiming priority from the UK application could be eligible for a refund of up to 100% of the European search fee. Similarly, a later filed PCT application claiming priority from the UK application could be eligible for a refund of up to 84% of the international search fee where the EPO is the International Search Authoring (ISA). In view of the fact that the search fee for a UK application is currently only €£150 - compared to €1,300 for a European application and €1,775 for an international search by the EPO - this could result in significant cost savings for applicants.


We are watching these things closely; there's an effort by law firms to destroy the courts' independence; these people will never rest until patent maximalism reigns supreme at all levels, including the Supreme Court. We see the same thing in the US, where 35 U.S.C. €§ 101 (US Supreme Court/Alice) is now under attack by the new Director of the U.S. Patent and Trademark Office (USPTO), appointed by Trump after he had worked with his firm. Corruption seems to be everywhere patent maximalism is to be found.

Recent Techrights' Posts

Get Ready for Increase in PIPs and RAs at IBM, Red Hat, and Other Companies Devoured by IBM
IBM's "market cap" has just fallen to 199 billion dollars and it has about 70 billion dollars in debt
Like Kyndryl, Multiple Securities Fraud Investigations Into IBM
Remember what happened to Kyndryl
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
 
IBM Down to $211.20, the Market in General is Up
No recovery for IBM today
UEFI 'Secure Boot' Still Not Secure in 2026, New Holes (or Bypasses) Still Being Found
In 2026 there are still many people who call it "secure" and pretend to themselves that it is about security. It's not. It never was.
Gemini Links 15/07/2026: Lab 6, Retrospective 2, and "Getting Back Into Gemini"
Links for the day
Links 15/07/2026: "Gianni Infantino Under Fire" and "Todd Blanche's Record Raises Alarming Questions About the Future of the US DOJ"
Links for the day
Allegedly More IBM RAs (Mass Layoffs) Same Day the Stock Crashed
No paper trail, so it never happened, right?
Techrights Was Right: Microsoft's Layoffs Tally Was False, Far More People Are Being Sacked
"The Xbox Bloodbath Is Actually Way Bigger Than It Seems"
IBM Sinking to Lowest Levels Since 2024, But Will Any Executives Be Arrested for Securities Fraud?
52-week high of $332.46 and now down to $212.94
Microsoft Whistleblowers Say "The Entire Thing is Going to Fall Apart" and There Are "No Benefits" to Being Part of Microsoft
"Multiple sources, who chose to remain anonymous for fear of reprisal"
IBM's Crash Continues Today
Stocks go up and down, but they don't typically go down by over 25% in a single day
How Long Before GNU/Linux is Measured at 20% in Chad?
The main way to get people to adopt Vista 11 is to sell them a new PCs and in poor countries it happens a lot less
Making Techrights Faster Down Under (Australia and New Zealand)
there's more to life than speed
Strikes at the EPO Approved for the Rest of the Year, "€1,3 Billion Taken From Staff Income"
Intensity can be revised and increased over time
Focusing on What We Really Ought to Focus on
Today we'll focus mostly on EPO affairs
Violence is Not a Joke
"Police say Widdecombe killing was targeted but motive remains unclear"
How to Properly Measure the Performance of a Patent Office
A "contribution from staff [which] is published by SUEPO Munich."
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026
Heshan de Silva-Weeramuni Becomes Program Manager at the Free Software Foundation (FSF)
Heshan's addition means that the FSF is growing after a solid financial year (best in years)
Michael McMahon Explains Distributed Denial of Service (DDoS) Attacks on the Free Software Foundation (FSF)
The real solution is a curb on botnets. A mitigation strategy, however, would involve going static.
Matters of Public Safety
"Police say Ann Widdecombe killed in 'targeted attack' as motive investigated"
The Register MS and Its Promotional Microsoft Content
It's not too hard to see what the business model of The Register MS is
IBM: From $306 to $212 in 7 Days, IBM Won't Go Up More Than 50% to Where It Was at 'Peak Vapourware'
There's a limit to how much or how long a company can fake its performance and its potential [...] Early this morning a few insiders ("traders") cashed in on their "pump-n-dump"
Red Hat Staff Needs to Start Looking for the Next Job
Workers can conveniently lie or deny it to themselves, but waves of PIPs ("silent layoffs") will sweep over more and more units or teams as the company runs out of money to play with
IBM the Next Bear Stearns
IBM cannot recover if all it has to show is vapourware
IBM Stock Collapses and It's Only the Beginning
Will GAFAM soon follow and will any executives be arrested for the accounting fraud insiders have long cautioned about?
I'll Be Extremely Difficult for Microsoft to Sell Any XBox Consoles Now
Microsoft understands this
How Software Freedom Would Benefit Everybody
A society that denies control by greedy companies would do a disservice to monopolies and improve all services to citizens
Links 14/07/2026: Harsh But Also Fair Criticism of Hey Hi (AI) Slop, 'Open' AI Shuts Down Its Own Products as Funds Run Out
Links for the day
Gemini Links 14/07/2026: Old CD Binder and AWK
Links for the day
In Defence of Physical Tickets
Tickets are not some "app" and not some "code" on some "screen"
Microsoft Layoffs Not Limited to XBox (False Narrative in the Mainstream Media)
Microsoft is becoming less relevant and workforce reductions won't end any time soon
Links 14/07/2026: Plagiarism Spun as "Training", Zelensky Announces Leadership Shuffle
Links for the day
The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day
The Register MS: "AI" Puff Pieces for Sale, Not Journalism at All, Just "Webspam"
The Register MS isn't the sole culprit
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 12, 2026
IRC logs for Sunday, July 12, 2026
How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled