Bonum Certa Men Certa

Unitary Patent is Not a Done Deal

Digital world



Summary: Response to erroneous claims that the back door to software patents has been successfully set up

ATTEMPTS were made to pass the unitary patents before Christmas. Did that succeed? Well, let us see what people are saying.



A critic calls it an undone "done deal" because:

Unitary patent: an undone “done deal”



On December 1st 2011, the Committee on Legal affairs of the European Parliament has published a press release welcoming with pride that negotiations about the unitary patent have succeeded in reaching a €« final agreement €» between the Council of the European Union and rapporteurs of the European Parliament. However, issues already raised by April, including questions on the legality of the adopted solution1, are not solved yet. Concerns about powers left to the European Patent Office, which is well-known for its attempts to legalise software patents2, have neither been addressed.


April wrote a press release on the subject (English version). To quote:

Members of the Committee on Legal Affairs (JURI) of the European Parliament have given a rubber stamp1 on an agreement, negotiated behind close doors2 with the Council, about the introduction of a unitary patent and a unified patent jurisdiction. Unfortunately, today's vote has failed to address major legal issues surrounding this project, which are likely to make the regulation voided by the Court of Justice of the European Union (CJEU). Moreover, the architecture of the unitary patent as voted today betrays the withdrawal from European Union (EU) legislators in deciding about EU policy on innovation for the profit of the European Patent Office, a self-governed non-EU agency, which is notably known to favour software patents against the letter and the spirit of European Patent Law.


This is thus far failing to materialise and JURI vote is all they have. There is silly talk about "green light", but do not be confused by it. To quote:

The EU came a step closer to getting a single patent system on Tuesday, when a deal struck by European Parliament representatives and the Polish Presidency of the Council was backed by the Legal Affairs Committee. The new EU patent would be substantially cheaper and thus more competitive than current ones. Parliament succeeded in adapting the proposed regime to small firms' needs.


As the FFII's president noted at the time, "JURI or EP can give as many green lights as they want, their legal construction is unstable..."

Gérald Sédrati-Dinet says: "gonna love this council doc on compatibility of #upc with opinion 1/09"

Well, the results of the JURI vote on the unitary patent can be seen here and reactions are telling:

I got a depression after reading the results of the JURI vote on unitary patent


"If Unipat was getting as attention as ACTA, it would be dead already," he wrote later. But this is far from a "done deal" and we shall keep an eye on it. Now more than ever we need to fight back and pressure politicians.

Recent Techrights' Posts

SLAPP Censorship - Part 80 Out of 200: Having Run Out of Time to Meet a Judge's Deadline, Microsoft's Graveley Had Garrett's Lawyers Argued My ~190-Page Defence and CounterClaim (DCC) Was Unclear About My Position
Nothing could be further from the truth
 
The Slop Bubble is Already Bursting
Slop is not desirable and the general public is growingly impatient, seeing that slop has improved nothing for them
Gemini Links 19/05/2026: Reliable Old Tech, Collection of Essays
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXVII - European Patent Office (EPO) Became a "Toxic Work Environment" When Cocaine Addicts Put in Charge
They are putting at risk colleagues by abusing them
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 18, 2026
IRC logs for Monday, May 18, 2026
Links 18/05/2026: Slop-induced Shortages, Solicitors Regulation Authority Says It's Unable to Deal With Complaints Load (So Regulation Does Not Really Exist)
Links for the day
Gemini Links 18/05/2026: Ghost Essay and World Wide Web Considered Broken
Links for the day
Cooperation and Collaboration, on a More Personal Level
Rianne, to me, isn't just a wife; she is also my best friend
IBM Has Payroll Problems (Just Like Microsoft)
It's a good thing that many nations around the world are, accordingly if not proactively, divesting from GAFAM
Links 18/05/2026: 25 Years of OLDaily and Dangers of "Living With Too Much Tech"
Links for the day
Trips to London
London isn't a bad place, but it's a long journey and we'd rather stay in Manchester and write about technology
Working in the Shell (and Fish)
Yesterday we spent about 5 hours on the shells and fish
The Corrupt Lecture the Non-Corrupt - Part XXVI - Campinos Has Put Unfit-for-Employment Drug Addicts in Charge of the European Patent Office (EPO)
How many months has Campinos got left before the delegates show him the door?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 17, 2026
IRC logs for Sunday, May 17, 2026
Gemini Links 18/05/2026: Poetry, Sauna, and GNU Taler
Links for the day
"The Society of Media Lawyers" (UK) is a Truly Malicious Anti-Media Lobby Which Helps Rich/Abusive Americans and Hostile Countries Attack Actual Media Workers in the UK
They typically source their money from aboard to besiege domestic actors (like honest journalists or independent outlets that document suppressed beats/topics)
Slop Still Waning, Its Momentum is Driven by Companies That Stand to Lose a Lot (or Everything) When the Bubble Pops
When it comes to LLM slop disguised as news, it's just not working out
Gemini Links 17/05/2026: arXiv Brings Down the Hammer, UnderPOWERed, and Slopping With Tcl/Tk
Links for the day
Links 17/05/2026: Amazon Employees Herded Into Slop, Taiwan Sold Down the River by Cheeto
Links for the day
Links 17/05/2026: Society of Media Lawyers (Brett Wilson LLP et al) Lobby for More SLAPPs in the UK, “Courage in Journalism Award” Given in Oppressive Country
Links for the day
Finland Needs to Dump Microsoft (Microslop) for National Security Reasons and the Same is True for Hundreds of Countries
"I don't see why Ryssäs would want Finns to use microslop products..."
Cyber Show UK is Already Available Over Gemini Protocol
This past week the total number of active Gemini capsules hit all-time records several times
Fight Til the End
This comes to show that persistence pays off
SLAPP Censorship - Part 79 Out of 200: They Will Soon Reach the 100 KG (Kilograms) Milestone; Wheelbarrows, Not Justice (Quantity of Legal Papers Sent to Us)
It's about the quality, not quantity (unless your sole aim is to drown out or "flood the zone")
The Corrupt Lecture the Non-Corrupt - Part XXV - Not Bringing Intelligence to the EPO, Not 'Artificial Intelligence' Either (But Intelligence-Eroding Drugs)
The EPO was meant to be about science and law. In practice, however, it's about breaking the law and being stoned.
The Cyber Show on Why Coding is Important and Slop Cannot Change or Replace That
Hand-crafting one's site has plenty of advantages
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 16, 2026
IRC logs for Saturday, May 16, 2026
Gemini Links 17/05/2026: Music Theory, Reticulum Git Repos, and Releasing Kiln
Links for the day