Bonum Certa Men Certa

The Unified Patent Court (UPC) is Dead and Alexander Ramsay is Only Making a Total Fool of Himself

Sadly, Ralph Jimmy Schulz has also just died (5 days ago of pancreatic cancer at the age of 51), according to Benjamin Henrion, but he fought a good fight against evil agenda

UPC meme
Zoobab's (Benjamin Henrion) new UPC meme



Summary: The Unified Patent Court (UPC), or "Unitary Patent" as some like to call that vision (it was known as many other fantasies), is doomed; any attempts to claim otherwise are met with scorn and ridicule -- to the point where even Team UPC is mostly keeping quiet these days

THE patent system in Europe languishes. Litigation? Not the same thing. After the European Patent Office (EPO) had granted loads of Invalid Patents (IPs), which were wrongly enshrined as European Patents (EPs) because Campinos and Battistelli break the rules (software patents are illegal in Europe for a number of reasons, not just the EPC*; the same goes for patents on life and nature), litigation that's frivolous saw a sharp rise. Pertinent figures from Germany have been published in annual studies and we wrote several stories about these. So, in short, patent quality down, litigation up. As expected. And that's not even counting the number of assertions/shakedowns happening outside courts...



"So, in short, patent quality down, litigation up. As expected. And that's not even counting the number of assertions/shakedowns happening outside courts..."The courts, which are national, are currently an important obstruction to fake patents. As we keep showing, many EPs are nowadays rejected and invalidated by such courts. Law firms, joined by EPO thugs who shamelessly violate the EPC, tried hard to replace these courts. They lied, they broke laws, they sought to subvert a lot of constitutions in a great hurry/rush (before the public finds out), but thankfully they failed. They failed for a number of different reasons. And the longer these things drag on, the harder it becomes for them (more constitutional challenges arise, along with independent studies that demonstrate how awful, illegal and undesirable the UPC/A really is).

On Thursday the JUVE propagandist in chief (on UPC it's a megaphone of Team UPC) tweeted: "Here's the exclusive JUVE Patent interview with #UPC Prepatory Committee chair, Alexander Ramsay. Ramsay explains how the constitutional delay has worked to the committee's advantage, and why the UK should remain part of the European #patent project."

So they have "exclusive" (yes, EXCLUSIVE) "JUVE Patent interview" with a known liar. Only months ago they admitted to the Financial Times that they had been faking progress to maintain their self-made illusion that UPC had a chance. At the same time they used psychological warfare (like spreading deliberate lies) against German Justices in the FCC -- to the point where one of them gave an "exclusive" (totally inappropriate [1, 2, 3]) interview to a Team UPC front group/pressure group. These people play dirty. I responded to JUVE yesterday (Friday), joking about that part that says "the constitutional delay has worked to the committee's advantage..."

"These people play dirty."What an utter lie!

"Oh, I see," I responded. "We got caught violating constitutions across Europe and that… and that, well… “worked to the committee’s advantage”

"Smoking is good for you," was my analogy, "makes your lungs stronger!"

Thank you for smoking!

This is the sort of laughable argument style we've become accustomed to. Watch Team UPC getting burned in the comments (that even Team UPC allows past strict moderation; yes, they censor comments). It's very revealing everywhere one turns. Team UPC isn't believed by anyone except Team UPC and we've even seen some longtime UPC proponents changing their mind/tune. Even IAM a year ago.

Taking note of something we covered some days ago (US stance on UPC), AstraZenecaKat wrote about such patent fanaticism (extremism?) and how Donald Trump's government uses the EPC as a vehicle of patent maximalism in the UK. It goes beyond what we covered a day after the leak:

This Kat was probably not alone in being slightly bemused by the recent media reporting on the leaked “451-page dossier” describing US/UK talks on future trade arrangements. The BBC reportsthe dossier as showing that the US is interested in "extending patents” in the UK. How strange. Is the US government proposing some novel form of patent term extension currently unavailable to patentees in the UK? Fear not, IPKat is here to provide some clarity!

It turns out that, contrary to media reporting, the dossier does not mention anything radical with respect to patent term extension. However, there are some interesting insights to be gained from the dossier on the potential battleground for IP rights in future US/UK trade negotiations. Most notable is the US government's position on grace periods for disclosure before patent filings, which are not permitted under the European Patent Convention (EPC).

[...]

The US delegation was also interested to hear the UK government plans with respect to the UPC. [Merpel: wouldn’t we all?] The US expressed surprise that the UK government had ratified the UPC agreement before the UK’s exit. The US mentioned that US stakeholders were strongly in favour of the UK participating in the UPC. The UK replied that “we intend to stay part of the agreement through the implementation period…Beyond this is subject to negotiation”. This position was described in the subsequently published FEB white paper. The dossier thus does not make us any the wiser with regards to the UK's intended negotiating position in post-Brexit negotiations with the US. Whether the UK will be able to be a member of the UPC after Brexit was discussed in a recent report from the European Parliament think-tank (IPKat: Can the UK become and stay a member of the UPC?)

[...]

The dossier therefore does provide some tip-bits of interesting information regarding US/UK thinking on IP protection and its relation to drug pricing. Reassuringly, despite the media reporting, there does not appear to be anything radical "on the table" with respect to patent term or data exclusivity. The US position on grace periods is the most concerning of all the issues under discussion. It would be an extraordinary act of self-harm for the UK to withdraw from the EPC, and this would have significant disadvantages not only the UK but also the US and third parties such as China and Japan. However, the dossier highlights throughout many areas that still need clarification. Final negotiating positions between the US and UK will also be highly dependent on the UK's negotiating position with the EU following Brexit.



As usual, especially with AstraZenecaKat, the better and more informative tidbits are in the comments (those that are allowed anyway; they still censor comments).

"Let's be honest," a certain "Anonymous" wrote in the responses. "The reason the US think the UK might be able to introduce a grace period is because they don't, and will never, understand that the EPC isn't related to the EU. Further the US is strongly in favour of the UK participating in the UPC which would, of course, be impossible if the UK isn't part of the EPC. The big issue is the possible extension of UK data exclusivity for biologics from 8+2 to 12. The public would undoubtedly see this as extending "patents" for pharmaceuticals."

Oh, pharmaceuticals like AstraZeneca. We've been rather disturbed but not surprised to see this blog relaying pro-UPC lies.

Another comment said: "We in the UK need to be honest about our future position in the world. We need to belong in some way to a big powerful trading block. The US would be a natural 'home' once we leave the EU. Risking that over a grace period disagreement does not seem sensible. The sooner we see that bringing ourselves into alignment with the US brings a lot of benefits, the more clearly we can develop our post-Brexit relationships and alliances. We can be the 'gateway' to Europe for the US if we compromise a little on our laws. It will be a delicate balancing act to please both the US and the EU, but surely we have little choice now?"

Well, if anything, the above shows that "brexit" is about selling the UK to Donald Trump and equally dubious corporations (as his). The U.S. Patent and Trademark Office (USPTO) is limited in reach and scope (more so due to 35 U.S.C. €§ 101), so they want a corrupt EPO, where the quarter of all patents are granted to the US (almost the same as the number of patents granted to Europe!).

As an elderly (and apparently very experienced) attorney, MaxDrei, then put it: "If the UK leaves the EU it will have little or nothing of that ongoing business."

It's a good comment and it's one among several that condemn the UPC. To quote in full:

The comment from "Honesty" is hard to swallow. The EU is indeed a big Bloc, with 600 million consumers and, within it, the UK is one of the "Big 3" Member States. So, a Big Fish in a Big Pool.

As the 51st State of the USA though, with zero representation in the US Congress, it is not even a Fish, and in a pool only half as big. And what's all this nonsense about a "bridgehead" into Europe. The EU is already fully cognisant of the threat of a deregulated UK free-riding the European market. Use of force to effect a landing on the European Mainland is not an option except in times of war.

As we are now, given our language and professional skills, we in the UK should be filing at the EPO the Lion's Share of everything sent to the EPO by both Asia and The Americas. If the UK leaves the EU it will have little or nothing of that ongoing business.

Is there no limit to the skill with which Westminster politicians squander in a few decades the huge reserves of soft power built up by the UK over centuries?


Well said. UPC is, as we've been saying for years, part of a trend, part of which is neo-liberal policies that are ruinous to all except very few, usually foreign few (foreign to the country where these policies are implemented). As we put it earlier this month, "Europe is Under Attack" (except the Bretons, Battistellis and Lagardes of Europe). Their 'handlers' know what they want and how to get it. We still have one final part to publish in the Thierry Breton series; then we'll prepare the epilogue. ________ * It's saddening to learn that Jimmy Schulz, who fought software patents in the political arena, has perished. "RIP Jimmy Schulz," Henrion wrote last night, "one of the initiators of the motion, warned that trivial patents or patents harm small and medium-sized software developers https://www.ip-watch.org/2013/04/22/german-parliament-sends-message-stop-granting-software-patents/ [...] RIP Jimmy Schulz, German MP software developer and opposed software patents..."

Recent Techrights' Posts

Last Week's EPO Strike Was the Biggest (Highest Participation Rate), Hours Ago General Assembly Discussed Next (Growing) Intensity of Strikes
Well done and well attended
 
The New Layoffs: 'Silent Layoffs', 'Secret Layoffs', 'Quiet Layoffs', 'Passive Layoffs' 'Stealth Layoffs', and Unannounced Layoffs Disguised as Return-to-Office (RTO Mandates)
The US needs to revisit and fix the WARN Act
EPO "Cocaine Communication Manager" - Part IX - Cocaine Addicts in Charge of the EPO Attacking Families of EPO Staff
Things like being high-profile and being a serious drug addict aren't opposites
What Feminism in Science Means (Codes of Conduct Don't Tackle the Real Issues)
Universality matters, more so in a project or community that's said to build the "universal operating system" (Debian)
SLAPP Censorship - Part 21 Out of 200: It's About Behaviour Online, Not How Much Money From Shadowy Third Parties Gets Spent on Lawyers and Two Barristers
75+ KG of legal papers, 2 cases, 2 barristers (one hiding in the metadata) and maybe two law firms (also hiding in the metadata) against two modest people in Manchester seems disproportionate and vindicative
Links 24/03/2026: "Airports on ICE" and "Have You Paid Your “Intuit Tax”?"
Links for the day
Gemini Links 24/03/2026: Slop Interview and Why Slop Makes Lousy Code
Links for the day
Richard Stallman to Give Public Talk This Thursday at the University of Bologna (Italy)
Hardly the first time he speaks in Bologna
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 23, 2026
IRC logs for Monday, March 23, 2026
Gemini Links 23/03/2026: "Mandatory" Bad Things and Dangers of Perfection Aspirations
Links for the day
SLAPP Censorship - Part 20 Out of 200: All Roads Lead to Rome and to GAFAM Funding
Now about 10% into this series
Mass Layoffs at HashiCorp, IBM Hid Them
The media did not mention those layoffs
Microsoft Downgraded on Concerns (Lack of Growth) Amid Silent Layoffs in 2026
The press isn't functioning anymore
Links 23/03/2026: Gulf Water at Risk, Heatwave in Malaysia
Links for the day
Slop Means False, New Article by Cybershow
"We are living in a world that is rapidly divesting from reality."
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026
Streisand Effect and Justice
This weekend this site has served over 8 million Web requests
Gemini Links 22/03/2026: "Woman of Tomorrow" and "First Steps in Geminispace"
Links for the day
SLAPP Censorship - Part 19 Out of 200: They Were Ill-prepared for Tough Questions in Cross-Examination
Very ill-prepared for the deteriorating situation caused by their clients' past behaviour towards many people, including high-profile figures who offered to testify
The Media Sold Out to Slop Bros
If you wish for the hype to stop, then stop participating in it
EPO Strike a Week From Now, After That Strikes Can Become Permanent
A week from tomorrow there will be another strike
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026