Bonum Certa Men Certa

New Evidence Emerges, Showing That Unitary Patent (UPC) is Indeed an SME Killer That Negatively Affects Europe for Patent Lawyers' Sake

Trojan horse



Summary: A newly-released PDF sheds light on the grave injustice planned for the Unitary Patent Court, Europe's secretive and highly damaging new system, whose architects are mostly patent lawyers and other patent profiteers that serve large international corporations

More evidence, ironically from the UPC's biggest boosters, starts to surface, unveiling the truth or the ugly face of the EPO's 'baby', the UPC (the EPO spends a lot of money promoting this). There is a very dark side to the UPC in Germany, where patent lawyers even interfere with the legal system in an effort to wheel in the UPC Trojan horse [1, 2]. This is a coup d'état which European citizens are unaware of.



According to this new comment on a new IP Kat article, the Battistelli-led EPO is so eager to 'improve' numbers that it grants bogus patents, not just extending/expanding the scope/boundaries of patents (UPC would probably usher in software patents, as high-profile people repeatedly warn). As the commenter put it, "I see the corresponding EP patent has just been granted after the examiner raised an objection relating to the priority claim and cited a PhD thesis. The priority filing looks questionable as to whether it discloses the "same invention" as per EPO-speak. The inevitable opposition should be interesting."

“11K for a declaration of non-infringement seems a bit prohibitive. Hardly encouraging/enabling a 'clear-the-way' attitude.”
      --Anonymous
Commenting on this new article from UPC booster Annsley Merelle Ward (also IP Kat, not just pro-UPC propaganda sites), one person says "11K for a declaration of non-infringement seems a bit prohibitive. Hardly encouraging/enabling a 'clear-the-way' attitude. Good for patentees when infringers are small fry."

The UPC, as it stands at the moment, has one major barrier. It's not countries that won't sign it (Spain, UK in case of Brexit etc.) but an actual democratic debate (the UPC is antidemocratic). Right now this whole process is taking place behind closed doors. It's like some kind of secret trade deal. Courts are being set up in London before there is even a British referendum, in order to make the exit barrier (exiting UPC) incredibly high.

“UPC action to revoke a patent will cost 20.000 EUR. Infringement actions at least 11.000 EUR. Lawyers not included!”
      --Kristof Neefs
The UPC is -- by most indications (in spite of the international secrecy) -- indeed what we warned about all along. It would be an SME killer if it ever became a reality. As another person (Kristof Neefs, who says he is an IP, media and technology lawyer) put it: "UPC action to revoke a patent will cost 20.000 EUR. Infringement actions at least 11.000 EUR. Lawyers not included!"

Why would you need to revoke a patent? See the second paragraph above. The Battistelli-led EPO is a joke when it comes to examination (often if not increasingly rushed) and Battistelli is totally clueless about it, or maybe just in denial, i.e. willfully ignorant.

Managing Intellectual Property (MIP), a proponent of the UPC (like most patent lawyers out there), pretends that the UPC is already here (but it's not inevitable).

What needs to be done right now is dissemination of information about the UPC, which the European public (more than 95% of it) knows nothing about. Currently, the UPC is being promoted by the very same people who would benefit from it, whilst everybody else has no voice. It would be good news for patent parasites and patent lawyers (look who's excited about it) and we know at whose expense. Everybody would be harmed. Recall our recent article titled "UPC: To Understand Who Would Benefit From It Just Look at Who’s Promoting It (Like TPP)".

"This is like Koch Industries celebrating passage of ISDS."CIPA too is promoting the UPC right now. Remember what CIPA stands for. It's just a big bunch of patent lawyers lobbying for their interests at the very heart of Europe, trying to tax everyone while nobody (whom they tax) is paying attention. As CIPA put it: "The #UPC Preparatory Committee confirms there will be no opt-out fee. Big vote of confidence in the new system!" The UPC boosters (like Jane Lambert in this case) only care about EU membership because of patents!

This is like Koch Industries celebrating passage of ISDS. Anything like ISDS would give such a malicious corporation the power to pollute without government interference (because interference might harm Koch Industries' shareholders). We need to stop these people before it's too late. The UPC is a huge danger to Europe, which is an SME-based economy.

Recent Techrights' Posts

Debian losses in Switzerland hidden until after DPL election debate
Reprinted with permission from Daniel Pocock
How to Dehumanise a Triple National
Don't be easily incited against those who sacrifice a lot to inform the public of suppressed topics
 
Gemini Links 06/08/2026: "Eat That Frog", Mutt Terminal Email Guide, and BASICODE
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 05, 2026
IRC logs for Wednesday, August 05, 2026
Big Announcement Tomorrow
Stay tuned...
GNU/Linux Seen Exceeding 10% in Antigua and Barbuda
In Antigua And Barbuda, what's seen this month is not far from the average
Gemini Links 05/08/2026: Family Room, Smoke, and Alarm clocks
Links for the day
The Establishment, Oxford, Google & Debian artificial intelligence conspiracies
Reprinted with permission from Daniel Pocock
SLAPP Censorship - Part 140 Out of 200: You Become What You Eat, Your Clients Become You
In 2024 Brett Wilson LLP failed to heed a decade-old warning
Links 05/08/2026: Microsoft's (XBox's) "Devastating July" and "Never Write With" Slop, Says New York Times
Links for the day
Gemini Links 05/08/2026: No to Slop, Dangers of Clown Computing, and Reducing Internet Usage
Links for the day
analytics.usa.gov Says 7% of Sessions Come From GNU/Linux and ChromeOS. If ~40% (Mobile) Get Omitted, It's More Like 11%.
In desktops and in laptops GNU/Linux has become a big player
The Register MS Takes Money From NVIDIA and HP to Promote Their Ponzi Scheme, "AI", in a Fake 'Article' That Says "AI" 42 Times
"The media"... selling us scams for profit
Fertility app privacy, Britain's teenage pregnancies & faith based schooling
Reprinted with permission from Daniel Pocock
In Chile, GNU/Linux Approaches 4%
Let's see if it can exceed 5% by year's end
No Room for Misogyny and Incels in Free Software
How can we ever trust men whose own family and their own partners cannot trust?
In El Salvador, ChromeOS and GNU/Linux Now Measured at Around 12%
signs of gradual and steady adoption of GNU/Linux
Software in the Public Interest (SPI) Starts Spending Big Money in an Effort to Resist Lawsuit From Daniel Pocock
They've lost over half a million dollars in the latest 3 years
The Establishment, Cambridge, Steve McIntyre & Debian suicide cluster
Reprinted with permission from Daniel Pocock
Links 05/08/2026: Internet Archive Harmed by Slop Bot, "EBay And Former Execs Agree to Pay $56 Million For Trying to ‘Crush’ a Journalist"
Links for the day
Luxembourg and Software Freedom
Luxembourg's adoption of GNU/Linux has quite consistently been higher than the European average
The Free Software Foundation (FSF) Web Site is Online, GNU's Site Having Issues (Ongoing Issues)
We hope they can rectify the issues with the GNU Web site
Freedom Includes the Liberty to Disagree (and be Listened to, Not Censored)
Freedom is our collective strength
Tanzania: GNU/Linux Now Seen on 8% on Desktops/Laptops (User Clients)
numbers have more than doubled
IBM CEO Says IBM Won't be Bankrupt by 2028 or 2029 (When He Reaches Retirement Age)
IBM has no path to survival
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 04, 2026
IRC logs for Tuesday, August 04, 2026
Gemini Links 05/08/2026: Being Good, Tildeverse and Tilde.pink, Games
Links for the day
Links 04/08/2026: GAFAM Expressing Concerns About Dangerous Disinformation by Slop, Bill Epsteingate-Connected Litigation Firm Salivating Over Europe
Links for the day
Gemini Links 04/08/2026: Root Shell and "Duty of Care"
Links for the day
Alternate Data (Not IBM's Headcount) to Show Mass Layoffs' Effect at IBM (Despite Many Acquired Workers Via M&A)
mass layoffs at Hashicorp and at Confluent this year (media did not cover either).
Big Blue's Quiet Axe - Poem Regarding IBM "RAs"
No idea who posted this, but it is profound
Growing Proportion of Linux Commits Being Made by LLMs Not a Sign of LLMs Working, It's a Sign of Linux Development Being Shifted From Community to GAFAM and Other Slop Pushers
antagonist became apologist
Worse Than "Taking Your Job", the Slop Pyramid Scheme Will "Take Your Pension"
This will not end well
Abundance of Fake (Sometimes Paid-for) 'News' About IBM Will Discredit the Media as a Whole
In 'the news' today
Microsoft is Trying Vapourware Again (to Keep Developers and Gamers From Fleeing)
For XBox, the main thing over the horizon is additional layoffs
statCounter Reckons 12.33% of Web Traffic in Gambia Can be Attributed to GNU/Linux, Even 15% If Adding ChromeOS
Will this be sustainable?
Reminder: The Pedophilia Problem Comes From the Accusers
Attacks on Richard Stallman are a distraction; his accusers are themselves the culprits
SLAPP Censorship - Part 139 Out of 200: Solicitors Regulation Authority (SRA) Needs More Public Scrutiny (New Management Changed Nothing, It's Costing a Lot of Taxpayers' Money)
millions or maybe billions of pounds wasted
Rumours of Further IBM Shutdowns
IBM is going out of existence
Brigading Against Women - Part II - Threatening Women Using the Human Rights Tribunal of Ontario (HRTO) and Then False Threats Miscarrying the Name of a Court
In this series we intend to show the threats, the outcomes of those threats, the response to those threats
Collapse of MElon Companies a Taste of What's to Come for Slop Bubble and GAFAM (Trillions in Debt, Justified as Slop "Investments")
One good example of this was SpaceX
The 'Hyperinflation' in Hardware Dooms Video Hosting (Very Large Files)
a terabyte of video files would be expensive
Rumours of Silent Layoffs in Microsoft This Month (August 2026), PIPs and Global Voluntary Separation Agreement (GVSA), aka "Buyouts"
Will any investigative journalism follow or just shallow puff pieces and LLM trash from slopfarms?
Links 04/08/2026: "Framework for Musician Burnout" and Alexa+ "is a Buggy Embarrassment"
Links for the day
Signs That XBox as a Console is Coming to an End, Windows Gaming Will be Called "XBox"
"XBox" is the next "Surface"
Microsoft's Share in Search Falls Sharply in Europe
The layoffs at Microsoft's Bing will carry on
Romania: GNU/Linux Reaches 4% (Less Than EU Average)
We expect this same upward trend to carry on
Microsoft Sites or Sites Sponsored by Microsoft Angry That GNU/Linux is Gaining
The Microsofters cannot easily dismiss reports of GNU/Linux growth as "bots" or just allege that statCounter alone is wrong
Ableism in the Free Software Movement Typically Comes From GAFAM Operatives and Proprietary Software Apologists
And their hired guns
Afghanistan: GNU/Linux Steadily Rises to 9%
Windows is steadily declining
IBM Innovation: It Has Invented New Methods of Silent Layoffs or Secret RAs
How IBM disguises mass layoffs now
Many Anniversaries
Many anniversaries in quick succession
LLM Slop Won't Replace People and Jobs (in the Long Run)
At the end of the day, people who know their job offer more useful information, whereas LLMs waste people's time (typically an 'externality' to the entity deploying chatbots)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 03, 2026
IRC logs for Monday, August 03, 2026
Over 3,500 Known Gemini Capsules Accessible and Active According to Lupa
It finally happened this morning
Gemini Links 04/08/2026: Library Cards, Dead Ends in Software Development, and DOS on USB Key
Links for the day