Bonum Certa Men Certa

Corporate Imperialism in Europe Through the UPC, the Horrible Patent Deal Almost Nobody Heard of

Battistelli and his ilk hope to keep it under the wraps, without any public backlash/flak like TPP and TTIP have received

A statue



Summary: The coup d'état of the EPO, large applicants (massive global corporations), and their patent lawyers continues with shameless lobbying, new unsubstantiated rumours, and the self-fulfilling prophecies strategy (to depress the opposition and lower its morale)

THERE is virtually no open debate or investigative journalism in the corporate media about the UPC (when it's mentioned at all, if it's ever mentioned, it's corporate propaganda), the corporations-leaning deal which patent lawyers and their largest clients are crafting and drafting with help from clueless politicians, national patent offices, and EPO officials such as Battistelli. This is a travesty because if the public knew about it (especially the broader impact), there would be riots and protests in the streets.



"This is a travesty because if the public knew about it (especially the broader impact), there would be riots and protests in the streets."While patent law firms keep us distracted with puff pieces like "Protecting software inventions in Europe" or "EPO developments on patentability of biotechnology inventions" (April 11th [1, 2, 3]) much bigger things are happening (not the openwashing of UPC, as seen in [1] below), which can serve to legitimise software patents in Europe and also bring patent trolls to the entire continent and beyond it (Britain gets them already).

Proponents of software patents already start to insinuate that it will be easier to be granted software patents in Europe than in the Unites States. As one of them put it a few days ago [1, 2, 3], "Message from the EPO to US Software Applicants: Give us your rejected, your software applns in 3600 yearning to be granted; The Alice-rejected inventions of your teeming shore, Send these, the disrespected, tempest tossed software inventions to us: We lift our lamp beside the Golden Door to issuance and validation in Europe."

"What about the option of blocking it altogether?"Sadly, under the regime of the clueless Battistelli there is already some truth to it and this closer look by Merpel suggests that a wholly horrible package is expected to come with UPC. To quote: "Of course there are a number of things that need to be resolved as the clock starts ticking down on the UPC opening its doors, the Code of Conduct being one of them. However, while there is still time, it is important that the uncertainty and issues outlined in CCBE's letter should be fully considered and addressed, with the current draft being a launching off point. Further, Merpel hopes that the current draft is circulated more widely so that the larger European profession, who will be bound by the Code, is given an opportunity to comment."

What about the option of blocking it altogether? And why does Merpel assume that this is inevitable and that "the clock starts ticking down on the UPC opening its doors"? There are all sorts of great barriers which remain. The Bristows colleague of Merpel, a longtime proponent of software patents and the UPC, would probably have Merpel and others aware only of the 'good' news about UPC, not the rest. This booster has been meddling in UPC affairs for quite a while, this time omitting any of the negative publicity around UPC and instead latching onto this speculation from Italy. Italy opposed this package vigorously and rejected it strongly half a decade ago when it was called "EU Patent" [1, 2, 3]. It still hasn't consented to it. "After a sunny lunch this afternoon," the Bristows employee writes about herself in third person narrative, "the AmeriKat returned to her desk to find some very exciting news from her friends at leading Italian IP firm, Trevisan Cuonzo, about the status of Italy's UPC ratification process."

They would wish so, wouldn't they?

"They hope that by giving the impression that nothing can stop the UPC the UPC will eventually defeat the antagonists, having lowered their morale."So a law firm hears from another law firm about something and now they hope to give Italians the impression that their language and interests are being abandoned and there's nothing they can do to stop it? Seems like yet another go at self-fulfilling prophecies. They hope that by giving the impression that nothing can stop the UPC the UPC will eventually defeat the antagonists, having lowered their morale. For shame. Those propagandists have been doing a lot of damage and Bristows played a significant role in this propaganda for quite some time, often taking advantage of IP Kat as a platform (because almost nobody bothers with Bristows' own platform, even when they opportunistically -- for marketing purposes -- call it "Bristows UPC").

Here is one comment posted in response to the rumour mill:

My guess is that the Netherlands will try to be with the first implementing countries at all cost... It passed the stage Italy currently is in months ago, and presented the agreement (well: the law approving the UPC Agreement) to parliament 2 months ago and is currently busy answering the first round of written questions by the responsible parliamentary committee. The government also requested the legislation to be fast-tracked.

However, there seems to be trouble with the advice of the Council of State (Raad van State) on the implementing legislation. The implementing legislation was thus not accompanying the approval of the agreement, when it was presented to parliament (which was the plan from the beginning), and the government has requested additional advice from the Council of State on "a new European patent system" (which is very special).

My guess therefore: NL will be nr 13, but the implementing legislation will come later....


Well, it's a de facto coup; the UPC keeps changing names, which makes effective public criticism difficult and also misleads/confuses the public. EPO officials are not traveling to nations that wish to leave the EU and push the UPC down their officials' throats to bypass the referendum (or equivalent process). Not a coincidence. Bristow wants London to become a patent litigation hub and many other patent firms also look after their own interests, irrespective of what the general public wants and deserves. Watch how the London-based IAM tries pushing a similar meta-industry (patent feuds) into Asia, making it sound like a contest again (preaching and shaming, not objectively reporting):

Authorities in Shanghai have made fresh calls for the city to become an IP centre in recent months. The plans include efforts to improve IP rights enforcement, in both the judicial and administrative spheres, which is surely a prerequisite to having any sort of transactional activity. But like past blueprints, it also calls for building an ecosystem for IP trading, for example by attracting services providers that can facilitate and advise on deals, and professionals with the requisite expertise. The head of the Shanghai IP Office says that an IP ‘trading centre’ will be established within the year.

For a long time, Singapore and Hong Kong have been the most prominent jurisdictions vying for the hub mantle. The Lion City’s efforts have been decade-long and wide-ranging, and resulted in significant changes to the IP environment; the drive has seen it introduce a positive grant patent system, train its own patent examiners and other IP professionals, and open up the market to competition from foreign patent agents. Hong Kong’s plans, by contrast, have been more narrowly focused on IP trading, premised on its combination of a common law legal system and easy access to mainland China. Malaysia joined the fray about three years ago, pledging $65 million towards an IP financing plan that emphasised the collateralisation of patents, especially by SMEs.


Asia has been a lot more pacific on the patent front, but patent lawyers in Europe and the US obviously want to change that. They profit from making a mess. IAM itself is more of an advocacy site (for patent trolls, lawyers etc.) and it previously used shame tactics to pressure European officials to adopt the UPC, as we repeatedly showed here.

Related/contextual items from the news:


  1. European Unified Patent Court goes Open Source
    Using Private Cloud and Drupal as a starting point together with small expert partners and agile management the new platform for the European UPC has been shaped to the exact requirements and quickly adapted while more needs surfaced. The only ready to use Open Source tool used has been Zarafa Collaboration Platform which integrated with the Case Management System will provide secure email, instant messaging, file sharing and video conferencing to the platform's users.

    The result is that, thanks to Open Source based platform and by working with SMEs, the UK IPO team has been able to deliver to the Unified Patent Court team the project earlier than planned and under budget.




Recent Techrights' Posts

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..."
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 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
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
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
Links 16/05/2026: Cuba Plunges Into Darkness (Energy Wasted by Nonsense), Googlebooks as Slop Nonsense (Energy Waste and Time Wasted)
Links for the day
Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding
The Corrupt Lecture the Non-Corrupt - Part XXIV - Luis Berenguer Giménez at the EPO (European Patent Office) Became the Punchline of EPO Staff
"the fact that Luis was caught with cocaine causes laughter. The use of cocaine in itself is not the real shocking bit."
IBM Keeps Culling Essential Linux, Fedora, GNOME, and GTK Staff
Over a month ago IBM laid off over 400 Red Hat engineers
Cisco Cuts Nearly 4,000 Jobs Because of Debt, Nothing to Do With Slop
The media keeps talking about revenue, not profits
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026