Bonum Certa Men Certa

When It Comes to a Unitary Patent System, Bad (or Intentionally Dishonest) Legal Advice Has Become the Norm



Look! The UPC is coming! Haha. You fell for that one!



Summary: The Unified Patent Court and Unitary Patent (UPC and UP, respectively) reinforce the old saying about lawyers being liars, doing anything to attract clients (to take their money); the UPC is basically dead, but fiction, falsehoods and outrageous fantasies still find their way into Web sites of law firms

YESTERDAY we were told that "tomorrow [there would be an] important PR to nuke the UPC as it is..."



So that's later today.

"People deserve realistic expectations; UPC propaganda may help “sales”, but at whose expense?"Readers may have noticed a slight decrease in our coverage of European Patent Office (EPO) affairs. But we're still watching it very closely and our latest Daily Links (published minutes ago) included a report about EPO-granted patent being found invalid, more patents granted on nature/life, and hearing delays due to the infamous pandemic (this affects EUIPO and EPO alike). This does not concern Team Campinos/Battistelli and it's not about software patents , so we don't have much to say about that.

On the other hand, yesterday we found this promotion of an article by Rachel Bradley (Penningtons Manches Cooper LLP). She either does not understand how deep in trouble UPC is or she is simply lying to clients for patent revenue (legal bills) to be secured, based on unhelpful delusions. Here's what she wrote in the firm's site (with our corrections added):



How will it affect patent portfolios?

Currently patents within the European Patent Convention (EPC) countries are taken to grant through the European Patent Office (EPO). The EPC is not an EU instrument but an international convention and the EPO itself is not a European institution. As such, the procedure and mechanisms for granting classic European Patents will remain unchanged for the UK.

The big question is, how will the proposed Unitary Patent system be affected by Brexit?

The UK intends to stay [Ed: you cannot stay in something that does even exist] in the Unitary Patent system, and indeed it ratified the Unitary Patent Court Agreement in April 2018 [Ed: and the person who was responsible for that stunt resigned, then replaced twice or thrice more]. The Unified Patent Court and Unitary Patent will [Ed: "will" or "would"? Well, the word "will" implies certainty] take effect three months after the UPC Agreement has been ratified by thirteen countries including all three of France, Germany and the UK [Ed: we know the UK cannot participate, Germany is not ratifying and France has self-interest because of positions being reserved to it; also, constitutional challenges -- of which there have been several -- can annul some of the other ratifications]. France has also already ratified it [Ed: see EPO scandals and our coverage for associated scandals; INPI is now under fire as well] along with a further 14 countries [Ed: there have been court cases standing in the way though], meaning there are now 16 ratifications in total [Ed: of which several are invalid, including critical ones]. Although Germany has passed all the laws that are needed to bring the UPC into effect in Germany [Ed: meaningless bureaucracy, also unconstitutional], ratification is still outstanding [Ed: outstanding implies almost "impending"; not true] and is dependent on the outcome of a complaint pending before the German Constitutional Court [Ed: no, Berlin has already said that due to Brexit there are additional barriers and reservations]. It is possible, if the Court dismisses the complaint, enabling Germany to ratify the UPC Agreement [Ed: no, there's also Brexit], that the UPC system will take effect during the transition period up until December 2020 [Ed: completely unrealistic nonsense, probably a copy-paste from some Team UPC site like the Preparatory Committee], with the UK as a participating member [Ed: no, it cannot participate as it's an EU system].

As currently drafted, the UPC Agreement can only take effect in EU member states and the UPC cannot be based in a non-EU member state [Ed: to change that they need to rewrite the whole thing and start a round of ratifications all over again, which can take years and become unattractive without London]. There has been much debate on the question of whether legally the UK could continue to participate in the UP and UPC [Ed: it cannot, they need to restart to have a chance], and the weight of opinion is that it could [Ed: whose opinion? The Preparatory Committee's?], if the political will is there [Ed: no, they mean lobbying, bribery and so on]. Continued participation in the UPC and UP would require a new international agreement between the UK and the participating EU member states, and would require the UK to submit to EU law, and the supervisory jurisdiction of the European Court of Justice (CJEU), in relation to proceedings before the UPC [Ed: then, still, the UPC needs to be redone, rewritten, ratified all over again; It won't even be "UPC" anymore but something else]. The UK would also have to sign up to an appropriate jurisdiction and enforcement regime, such as the Lugano Convention. [Ed: This is unlikely given recent statements from Number 10]


As can be seen above, almost every sentence is a distortion, a lie, or semi-truth at best. Why would anyone pay hundreds of euros per hour for such bad 'advice'? People deserve realistic expectations; UPC propaganda may help "sales", but at whose expense? As a side note, is there an exodus at Bristows?

Recent Techrights' Posts

Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
 
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock
Links 13/04/2025: Microsoft Cuts to "AI" and Azure (It's Failing), ‘Ghiblification’ Shows Slop Doing Much Harm
Links for the day
Microsoft SLAPPs Against Techrights Losing Momentum
It always backfires
Links 13/04/2025: Tariff Remorse and Chatbots Leak Again
Links for the day
Gemini Links 13/04/2025: No CSS, Spring Scripting
Links for the day
Richard Stallman Turns 72 and Will Be Giving Talks in Europe Soon
We have many local copies of his talks as WebM, having converted files uploaded to YouTube
Revisionism and Lies by LLM Slop and Lazy "Media"
What happened to investigation of issues?
Exposing Corruption and Crimes Against Women Isn't a Crime, It's an Imperative
When evil and greedy people are so desperate to silence you it typically gives you more motivation - not less - to do more of the same
EPO Likely Breaking the Law Yet Again, This Time by Using Slop for Patents (to Lower Costs While Producing Monopolies That Cause Ruinous Lawsuits)
Nobody authorised this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 12, 2025
IRC logs for Saturday, April 12, 2025