07.21.20

Gemini version available ♊︎

The General Consensus is That UPC is Dead, Which Means Many European Patents Are Also Dead (or Zombies)

Posted in Europe, Patents at 4:28 am by Dr. Roy Schestowitz

The courts or the system governing these courts won’t be thrown into rogue hands

Amsterdam signs

Summary: Judging by comments and “tweets” seen around the Web right now, as opposed to blog posts composed by Team UPC (sometimes anonymously because people don’t like to lie using their real names/affiliations), the UPC/A will never make a comeback; the fate of many European Patents granted in a hurry and under unprecedented pressure is likely the same, albeit it can take decades to clean up this mess (the European Patents that are in fact Invalid Patents)

THE TRUTH of the matter is that Europe already has patent courts and the law is mostly unified, albeit there are subtle differences. These many courts reject a lot of the patents granted by the European Patent Office (EPO), especially under the oversight (abuse rather) of António Campinos and Benoît Battistelli. The courts would almost always reject software patents in Europe (just like American courts reject such patents because of 35 U.S.C. § 101, no matter what the USPTO says).

“The UPC is basically dead at this point.”The death of the UPC means that a lot of European Patents don’t stand a chance. They were never supposed to be granted at all.

The UPC is basically dead at this point. Yesterday we added two updates about the news from the UK. Looking at the comments, not a single person suggests that the UPC still stands a chance. Nobody at all. Even prior to that news people already expressed deep scepticism. Jan Van Hoey wrote yesterday at 2:13 (very shortly after the news came out):

Not mentioning the 4 other constitutional complaints against the EPO for violation of the “rule of law” (art2 TFEU), the EPO cannot be sued for maladministration.

So the BMJV knows about those 4 pending cases, but want to mull the UPCA through because the Brexit transition period ends on 31st December 2020.

I guess Mr Breton will find a legal way to say the UK is out of the UPCA by the 1st January 2021. He could just recall the decision of the FCC saying the UPCA is only open to EU member states.

“Political perspective” said (in the same context):

I have been starting to wonder whether the UPCA will actually survive a potential second constitutional complaint. True, the Constitutional Court raised several aspects that did not have to be decided last time but also true, at that time the Second Senate of the Constitutional Court consisted of a majority of rather EU sceptical Judges (cf. the latest ECB judgment). However, there have been some changes of staff in the Second Senate recently which arguably has shifted the majority towards being rather EU-friendly.

Against this background, I would not be surprised if the Constitutional Court would let the UPC pass next time (even though in my opinion there are a couple of issues that are very problematic).

Or, in the words of Hon. Charles Evans Hughes: “the constitution is what the Judges say it is (…).”

This was likely posted before the news from the UK arrived and LightBlue added: “After the “Schweinsgalopp” (helter-skelter rush?) perhaps it is time for a “Denkpause” after the UK’s withdrawal from the agreement.” Then “MaxDrei” wrote:

Prompted by Thorsten’s excellent piece, it occurs to me that there is a way forward, if there is a will amongst the surviving EU Member States.

I recall somebody suggesting that the biggest obstacle to the adoption of English as the single working language of the EU was UK membership. The UK would be perceived as having an unfair advantage. But now the UK has gone, is there any Member state left with English as its ONLY national language? Even the republic of Ireland has the Gaelic. The way is more free now, for FR and DE gracefully to step back, and agree that English shall be the single working language of the EU. That’s one example of new opportunities opening up with the secession of the “United” Kingdom.

Back in the 1970’s, Europe built the EPC, a wonderful achievement which has proved to be the model, the template, the benchmark, for patent law world-wide. A common regime for patent litigation was, however, a step too far. But perhaps today, with the UK having walked off the playing field, the moment has arrived, when the EU could write a template for international patent litigation? What a statement that would be, that there is life in Old Europe yet.

We have a G7 and we have a G20. There are moves afoot to create a G10. Excellent idea. Given enough of a following wind from Flinten Uschi and the EU Commission, the EU could put together a plan for international patent litigation which, for our generation, does for patent infringement disputes as super a job as the EPC did, and increasingly does, better and better, for international patent validity disputes. In the favourite words of Boris Johnson, even “world-beating”. Why not for patent litigation too? Let’s be bold and brash, in areas where it is still possible.

Suffice to say, people don’t need to dislike the EU and like Brexit to realise that this whole ‘unitary’ patent thing is a sham and a disgrace. If anything, this whole UPC thing is the type of thing that causes ‘brexits’. It unifies nothing but aggressive patents lawyers with their sick agenda.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Maintenance and Development Updates

    We've been doing a lot of work on the back end (or operations) of Techrights, more so this past month, and we're almost ready to resume the normal publication pace



  2. [Meme] Microsoft Says Its Paying Clients (Like EPO) Don't Violate Privacy Law

    The ever-so-docile EPO will gladly oblige when companies like Microsoft lie about the legality of their industrial espionage operations, masked as “clown” computing (and other buzzwords)



  3. Coming Soon: EPO Series on Lawlessness

    Some time soon we’ll start an important series about the EPO, seeing that the management of the EPO is panicking and trying to put out the fire created by prior ones (more on that shortly)



  4. Links 19/9/2021: Jolla's Sailfish OS 4.2 and FreeBSD Technology Roadmap

    Links for the day



  5. IRC Proceedings: Saturday, September 18, 2021

    IRC logs for Saturday, September 18, 2021



  6. Links 18/9/2021: LibreOffice 8.0 Plans and Microsoftcosm Uses WSL to Badmouth 'Linux'

    Links for the day



  7. Links 18/9/2021: GIMP 2.10.28 Released and Azure Remains Back Doored

    Links for the day



  8. IRC Proceedings: Friday, September 17, 2021

    IRC logs for Friday, September 17, 2021



  9. Links 17/9/2021: Ubuntu 18.04.6 LTS, Manjaro 21.1.3, “2021 is the Year of Linux on the Desktop”

    Links for the day



  10. Links 17/9/2021: WSL Considered Harmful

    Links for the day



  11. [Meme] Microsoft Loves Linux Bug/Back Doors

    Microsoft is just cementing its status as little but an NSA stooge



  12. Lagrange Makes It Easier for Anybody to Use Gemini and Even Edit Pages (With GUI)

    Gemini protocol and/or Gemini space are easy for anyone to get started with or fully involved in (writing and creating, not just reading); today we take a look at the new version of Lagrange (it was first introduced here back in March and covered again in April), which I installed earlier today because it contains a lot of improvements, including the installation process (now it’s just a click-to-run AppImage)



  13. IBM is Imploding But It Uses Microsoft-Type Methods to Hide the Demise (Splits, Buybacks, and Rebranding Stunts)

    A combination of brain drain (exodus) and layoffs (a lack of budget combined with inability to retain talent or attract the necessary staff with sufficiently competitive salaries) dooms IBM; but the media won't be mentioning it, partly because a lot of it is still directly sponsored by IBM



  14. IRC Proceedings: Thursday, September 16, 2021

    IRC logs for Thursday, September 16, 2021



  15. [Meme] 70 Days of Non-Compliance

    António Campinos would rather fall on his sword than correct the errors or work to undo the damage caused by Team Battistelli, which is still at the EPO



  16. EPO “Board 28” Meeting: Imaginary Dialogue Between EPO President Campinos and the Chair of the Administrative Council, Josef Kratochvíl

    The EPO‘s chaotic state, which persists after Benoît Battistelli‘s departure, is a state of lawlessness and cover-up



  17. Links 16/9/2021: Linux Mint Has New Web Site, LibreOffice 7.2.1, KDE Plasma 5.23 Beta, and Sailfish OS Verla

    Links for the day



  18. If Git Can be Done Over the Command Line and E-mail, It Can Also be Done Over Gemini (Instead of Bloated Web Browsers)

    In order to keep Git lean and mean whilst at the same time enabling mouse (mousing and clicking) navigation we encourage people everywhere to explore gemini://



  19. Techrights Examines a Wide Array/Range of Gemini Clients/Browsers

    After spending many months examining an array of different types of software for Gemini (including but not limited to clients/browsers) we take stock of what exists, what's supported (it varies a bit), and which one might be suitable for use by geeks and non-geeks



  20. Links 16/9/2021: KStars 3.5.5 and Chafa 1.8

    Links for the day



  21. Trusting Microsoft With Security is a Clown Show

    A quick and spontaneous video about this morning's post regarding a major new revelation that reaffirms a longstanding trend; Microsoft conflates national security (back doors) with security



  22. IRC Proceedings: Wednesday, September 15, 2021

    IRC logs for Wednesday, September 15, 2021



  23. Microsoft Azure and Back/Bug Doors in GNU/Linux: Fool Me Once (Shame on You) / Fool Me Twice (Shame on Me)

    "Fool me once, shame on you; fool me twice, shame on me," goes the old saying...



  24. Deleted Post: “LibreOffice is Becoming Dominated by a Bunch of Corporates, and Has no Place for the Enthusiastic Amateur.”

    Chris Sherlock, an insider of LibreOffice, cautions about the direction of this very important and widely used project



  25. Links 16/9/2021: Unifont 14.0.01, LibreOffice on ODF 1.3, Mozilla Pushing Ads (Sponsored 'Firefox Suggest'), and Microsoft Pushes Proprietary Direct3D via Mesa

    Links for the day



  26. Links 15/9/2021: Another Azure Catastrophe and Darktable 3.6.1

    Links for the day



  27. Open Invention Network (OIN) Recognises a Risk Posed to Cryptocurrencies (Danger From Software Patents), But OIN Still Proposes the Wrong Solutions

    Square is joining OIN, but it's another example of banking/financial institutions choosing to coexist with software patents instead of putting an end to them



  28. IRC Proceedings: Tuesday, September 14, 2021

    IRC logs for Tuesday, September 14, 2021



  29. (Super)Free Software As a Right – The Manifesto

    "Software text has long been recognized as “speech”, and is covered under the very same copyright laws as conventional printed matter."



  30. Links 15/9/2021: Java 17 / JDK 17 Released and ExpressVPN Sold

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts