Bonum Certa Men Certa

New Efforts to Work Around Barriers to UPC in Light of 'Brexit'; Behind These Efforts Are Self-Serving Patent Profiteers

The antidemocratic villains that attack Europe’s interests are not only politicians but private firms like patent lawyers' firms (the patent microcosm)

Bristows EPO



Summary: A look at who's trying to work around the latest barriers to the widely-unwanted (by the public) Unitary Patent regime and what is being planned behind the scenes, or behind closed doors (by and for those who stand to profit from the Unitary Patent regime)

THE EPO's management is on fire, albeit it remains to be seen if Battistelli gets fired, resigns, or just jumps out the window to avoid the embarrassment (too much personal pride).



The UPC, which Battistelli has promoted for many years (before it was even called "UPC" or anything "unitary"), might never become a reality, unless it's renamed again or some truly dirty tricks are used in a desperate effort to salvage it. Over at Juve today, Battistelli's dire situation is explained (translations welcome), again courtesy of Mathieu Klos with his good knowledge of the EPO scandals/situation (along with his colleague, Christina Schulze).

Earlier today an anonymous article was published by The Register (using a Kat-themed pseudonym). It says UPC "could be derailed", but "could" is an understatement. To quote the article (comments mostly focus on the EU, not the UPC or EPC, so these are quite worthless):

Europe's UK-backed Unified Patent Court 'could be derailed'



Europe's multi-million-pound Unified Patent Court could be derailed entirely following the UK's decision to leave the EU.

The court was planned to open in 2017 and was intended to hear cases regarding infringements of European patents across EU member states.

Only full membership of the EU allows countries to participate in the system, designed to simplify the application of patents across the continent.

However, now the UK will no longer be part of the European Union, fears are growing that the entire programme will cease to be an attractive proposition to patentees.

One insider remarked: "The entire system is reliant on the UK being part of the project. All parties are currently working to rescue the UPC."

France, Germany and UK were due to ratify the agreement, with those three states having covered all of the programme's set-up costs. The overall cost to the UK alone is thought to have run into millions of pounds, with investment in technology, hiring policy folk, and a newly-opened dedicated UPC court in central London.

Some have already pointed out that the court will be in limbo and that the entire system will almost certainly be delayed as the UK is one of three key countries needed to ratify the project.


As one might expect, the UPC cabal won't give up without a fight. One separate thread in IP Kat said: "Nice to see that the EPO president found time to post about Brexit, although it is an EU issue and concerns only the EU patent, but has not made a comment on the EBA matter concerning interference or not with the highest legal body of the EPO. Symbolic? Politics over legal?"

It's no secret that patent lawyers are drooling over and longing for the UPC. They want more 'damages', lawsuits, injunctions/embargoes and so on. The other day Mari Korsten of NLO wrote about "patent rights enforcement in Europe through a single action" and said "Unitary patent opens up easier way to implement customs seizures" (to whose benefit?).

“...the other side will have rewritten the UPC deal in 6 days time.”
      --Benjamin Henrion
The UPC may never become a reality after 'Brexit' and UPC proponents seem to be upset at Battistelli at the moment. Bristows, the loudest UPC propagandists and conspirators (recall what "expert teams" are in the context of UPC) worry about Brexit because of their investment in the passage of this antidemocratic package. IBM's Manny Schecter (software patents proponent) asked himself: "Is Brexit the historic beginning of the end of the EU? Will others follow? Is true Euro patent system unification dead or just delayed?"

A patent lawyer wrote: "Looks like: (1) delay of Unified Patent Court; and (2) reduced harmonization of IP. Not good for IP owners."

Nonsense. It might not be good for patent lawyers, but science and technology need no such package. Will this package change its name and marketing again? Back to “EU” or “Community”? Maybe EPLA? Will EU membership no longer be a prerequisite all of a sudden? Will the whole dependence on the UK be suddenly hidden under a rug? As Bejnamin Henrion put it the other day, "the other side will have rewritten the UPC deal in 6 days time."

Henrion works closely with some UPC experts, so maybe he knows something that most people do not. A politician from Iceland (and famous Wikileaks contributor) Jónsdóttir, whom we mentioned here before in relation to software patents or other topics, said "Brexit is a wake up call. Changes need to happen. This crisis is a chance for real change within the EU. Ppl want to be heard & empowered."

“Patent hackers are already busy trying to fast-track UPC ratification by the UK...”
      --Benjamin Henrion
UPC is one example of democracy being stomped on and Henrion said "rumours are already saying the ministries are already preparing amendments to the Unitary Patent Court."

Team Battistelli and Team UPC might already be working around the rules to impose their will on everyone, undemocratically of course. "Philips Leo Steenbeck (EPLA proponent)," wrote Henrion, says that "UPC patch can be done at next Council meeting" (very soon). "The comment is very interesting and apparently comes from Philips," Francisco Moreno added (he too knows quite a bit about the UPC). Well, apparently they decided what's "better" for Europe (i.e. for multinational billionaires), so they'll shape the law accordingly. As Henrion put it: "Patent hackers are already busy trying to fast-track UPC ratification by the UK" (it may take a while before Article 50 is invoked).

Here is one of the UPC pushers heralding this new article titled "scenario discussed to save the Unitary Patent system" (in light of 'Brexit'):

How to save the Unitary Patent project? As soon as the outcome of the UK referendum on a Brexit was known, discussions started behind the scenes about ways to adapt the Unitary Patent system so the UK can stay in.

According to Wouter Pors of Bird & Bird, a new scenario has come up to enable the UK to participate in the Unified Patent Court and even in the Unitary Patent. If the UK ratifies the UPC Agreement, they can continue to be a participant even if they leave the EU. This only requires a small change of the Agreement by the Administrative Committee to open up accession for former EU Member States, being the UK.

The obligation to apply Union law, which is in the Agreement, needs to be met by the Court, but is not imposed on a non-EU Member State. The UK wants to participate in some kind of European Economic Area Agreement anyway, and in that case the CJEU would also have jurisdiction over legal issues relating to the internal market, so this is not much different. Besides, during the first 14 years the UK Courts would of course have jurisdiction over traditional European patents anyway, next to the UPC.


"The later the UK triggers Article 50," Henrion wrote, "the better. At least the EU sausage machine of producing EU laws will slow down for a while."

“At least the EU sausage machine of producing EU laws will slow down for a while.”
      --Benjamin Henrion
Red Hat's Jan Wildeboer, who has campaigned against software patents in Europe for a long time, said that "Brexit Task Force and Article 50 Task Force created in Brussels. Article in German."

"Not triggering Article 50," he added, "is the UK elite showing The Finger against their own people and the rest of the EU."

“Brexit Task Force and Article 50 Task Force created in Brussels.”
      --Jan Wildeboer
There is somewhat of a dilemma here actually. Article 50 being triggered would possibly help the UPC (a matter of un/certainty) and whether a package like UPC, which is inherently antidemocratic, becomes a reality is another matter worth pursuing in light of all these discussion about 'democracy' (whether British democracy or EU democracy).

"Italy to replace the UK as the third biggest UPC nation needed to enter into force," Henrion wrote. "We will need to reform a coalition there."

"Milan could get UPC Court," one person wrote this week, "after Brexit" (Italy actually antagonised the UPC for a long time).

Watch what IAM wrote a short while ago, citing Bristows (the above-mentioned UPC conspirators). "Today," it says, "the Eerste Kamer approved the bill to enable the Netherlands to ratify the UPC Agreement" (fast-tracking in a panic much?). Here is the cited paragraph. Bristows is hardly even trying to hide its villainous role in this whole terrible deal.

We might soon work towards an EU-wide campaign against the UPC. It needs to be buried once and for all (along with incarnations and predecessors). Not even EPO staff seems to want it (layoffs assured).

Recent Techrights' Posts

Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
24/7 Wall St. Editor-In-Chief and CEO Calls IBM Is "America’s Worst Big Tech Company", Talent is Leaving, Supposedly Strategic Units Culled
21 hours ago by Douglas A. McIntyre
IBM's Debt Increased Over $5 Billion in 3 Months While IBM Laid Off Many in Europe, US, Confluent, HashiCorp, and Red Hat
An increase of $5,000,000,000+ in debt in just 3 months!
 
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day
Links 24/04/2026: Zelenskyy Says Ukraine's War Position "Most Stable", Samsung Workers on Strike Due to Pay
Links for the day
Recent Happenings at IBM Reaffirm Rumours About the CEO; He Might be Resigning (or Pushed Out) Soon
If the rumours are true (no, we did not check those tax records for ourselves), it's not unthinkable that IBM is already doing what Apple did months ago
Gemini Links 24/04/2026: Public Reticulum Gateway Node, Smol Computers, and Old E-mail
Links for the day
Links 24/04/2026: Intel Abandoning Computer Freedom (Even Further), Iran Reports That American Software and Hardware Remotely Sabotaged/Hijacked During War
Links for the day
The Great Wonders of Slop "Efficiency"
Thankfully nothing was lost in the transmission and lots of work (datacentre emissions) got "done"
IBMers Expect Another Giant Wave of Layoffs, Talk (and Sing) About the PIPs
The media won't be covering the key facts
Drama at the European Patent Office (EPO) This Week
We'll be covering the EPO quite a lot this weekend and next week
As We Predicted, Francophonie Countries in the EU and Outside the EU Dumping Microsoft for National Security Reasons
We expected Belgium or some other Francophonie place to do so next
Even to Microsoft Insiders It Seems Like XBox Has Already Died or Surrendered to the Japanese Companies
Now the Microsoft layoffs are evident for people to see
EPO Cocainegate Escalates - Part VI - The Strikes Go On and On (Major Strike Today)
We'll be covering this later today in relation to what the Office dubs "ethics"
Absolutely Terrible Journalism About Microsoft Layoffs This Week
7 hours ago by Leila Sheridan
SLAPP Censorship - Part 56 Out of 200: 5RB and Brett Wilson LLP's Copy-Paste Machination for Garrett and Graveley
Here is another straightforward example of their junior barrister overusing copy-paste on his Mac
Getting Aggressive Suggestive of Loss - Part II - Lawyers Are Not "Hired Guns" (and Should Never Act Like Ones)
The matter is being investigated
Nadella is Killing Microsoft. Slop Kills It Even Faster.
A decade from now we'll look back at slop like we look back at skateboards
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lots of slop layoffs. Be ready. It's a bubble.
Gemini Links 24/04/2026: Data Breaches and Unofficial Gemini Protocol Specification Archive
Links for the day
Microsoft Offers About 10,000 of Its Senior American (Read: Expensive) Workers to be Laid Off
How many slopfarms and media parrots play along?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 23, 2026
IRC logs for Thursday, April 23, 2026
SLAPP Censorship - Part 55 Out of 200: Strangled Women, Charged for Strangulation, Cannot Find a Job Now (After Microsoft)
merits public awareness and wider scrutiny
Gemini Links 23/04/2026: Spirituality and Detachment, Shoplifting in the UK, and "Introducing Scout, an iOS Native Gemini Client"
Links for the day
Links 23/04/2026: YouTube Age Limits Expanded and 'Secret' Model With Bug-Finding Hype Campaign 'Leaks'
Links for the day
Media Operatives of Microsoft Paint Microsoft Layoffs as Buyouts (Intentionally False Narrative)
Those are mass layoffs disguised as something else
IBM's Stock Has Collapsed Over 10% in One Day, Insiders Explain What's Happening
Today, due to a lack of time, we mostly present an outline of what people say (not IBM-sponsored media hacks with LLM slop)
Getting Aggressive Suggestive of Loss - Part I - Threats Sent From Burner Accounts Since February, Belatedly Reported to British Police
Threats connected to Graveley or Garrett or 5RB or Brett Wilson LLP [...] We're not dealing with a law firm here; we're dealing with the underworld
EPO Cocainegate Escalates - Part V - Where Does the António Campinos 'Family Affair' Go From Here?
Do cocaine in public, get caught, take paid "sick leave", come back to lead Europe's second-largest organisation
Links 23/04/2026: Legal Trouble for Microsoft, Chronic Fatigue Syndrome, and DMCA Whac-a-Mole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 22, 2026
IRC logs for Wednesday, April 22, 2026
Gemini Links 23/04/2026: Sunrise Chasing Season, Going Back to Older Software, New Gemini Client for Mobile Devices
Links for the day