Bonum Certa Men Certa

The UPC is Dead, Says Opinion Partly Funded by Team UPC, But Patent Scope in Europe Remains an Issue

UPC, RIP



Summary: The endless lobbying and selfish aspirations of Team UPC are going nowhere but the grave, albeit the scope of patents at the EPO (related to litigiousness and spurious/frivolous lawsuits) is still a cause for concern, especially now that Battistelli turns the EPO into another SIPO or INPI (rubberstamping operation with no effective controls)

THE UPC is in complete and utter disarray. We hardly ever hear about the UPC anymore, especially since the (in)famous speech of the British Prime Minister. A few days ago we saw Bristows LLP/UPC, a key British component of Team UPC, saying that Richard Gordon's opinion "provides limited comfort" (this was also mentioned in IP Kat, where a lot of the UPC boosters hang out these days)



"We hardly ever hear about the UPC anymore, especially since the (in)famous speech of the British Prime Minister."Who is this of "limited comfort" to? Team UPC, surely. The back room schemers and liars don't want to accept that the UPC is dead, if not only in the UK then in Europe as a whole. As Bristows reveals, it actually sponsored this 'opinion', so it's about as legitimate as those 'studies' Battistelli will present this coming week. To quote Bristows (emphasis ours): "The opinion of Richard Gordon QC and Tom Pascoe (here) has been widely reported as providing reassurance that there are no legal difficulties in the way of the UK participating in the UPC post-Brexit. As one of the sponsors of the opinion, Bristows does not share this viewpoint. The opinion merely reaches its conclusions “on balance” and other views remain perfectly credible. Moreover, it is a purely legal analysis and does not, of course, comment upon the political realities of the requirements it sets forth. The opinion makes it very clear that several boxes would have to be ticked in order to maximise the chances of the CJEU deeming the system legal, which are more or less inconceivable in the present political climate, especially following the Prime Minister’s speech at the recent Conservative Party conference. At least in the short term there is virtually zero chance of the UK ratifying the UPC Agreement, and the real question arising is: what are the longer term prospects for salvaging the UPC project – with UK participation?"

"Bristows is also, unsurprisingly, lobbying for software patents and all things that patent trolls love. It's all about patent and litigation scope. For them, the more the merrier."Nothing. Forget about it. Deal with the fact that you advertised fake jobs that did not exist and probably will never exist. That's how unethical the people of Bristows have become and this is why we don't merely single them out; we just know who the enemy of a sane patent system is. Bristows just wants lots of lots of litigation; that's what Bristows profits from. Don't let them get their way as any litigation comes at the rather great expense of people who actually produce things or buy things. Bristows is also, unsurprisingly, lobbying for software patents and all things that patent trolls love. It's all about patent and litigation scope. For them, the more the merrier.

In other news, patents on genetics have taken a massive blow because according to this new report:

The 9-month-old patent battle over CRISPR, a novel genome-editing tool that could have immense commercial value, has taken two surprising twists.

[...]

In last week’s filing, attorneys for the Broad Institute asked patent officials to remove two of its issued patents that focus on saCas9 from the original case, as well as two other patents (and a few affiliated claims in other patents) that describe techniques for enabling the CRISPR-Cas9 construct to target the nucleus of a eukaryotic cell.


Patents on life, along with patents on algorithms, are extremely controversial. For good reasons, too. Both appear to be on their decline/demise in the US right now (if not globally). Companies know this. Recall Mayo.

"Patents on life, along with patents on algorithms, are extremely controversial. For good reasons, too."Meanwhile, regarding the EPO Hepatitis C patent/s which we mentioned here the other day (expectation of decision noted a week earlier), there are more articles about the subject [1, 2, 3, 4] and to quote one of them: "Following the development from the EPO, MdM already claims that “the EPO’s decision means that sofosbuvir in itself is not protected by a patent any more.” However, Gilead was quick to refute the claim. STAT news quotes a Gilead spokesman’s statement which maintained the patent."

There are various groups that combat patent maximalism in medicine. One of them the opportunists in the EPO now try to associate with for cheap PR stunts. "To support #MedsPaL," the EPO wrote, "we are working in close collaboration with @inapichile, @EPOorg & @OnapiRD."

Fro those who don't know what MedsPaL is, see this new article from IP Watch. To quote:

A new database was launched this week to facilitate navigation through the patent field and increase transparency surrounding the patent status of medicines and licences.

The Medicines Patent Pool (MPP), Chile’s National Institute of Industrial Property (INAPI), and global health initiative UNITAID held a side event at the WIPO General Assemblies on 5 October. The event was held to present “MedsPaL”, the MPP’s Medicines Patent and Licenses Database, discuss the difficulties in navigating the patent field, and report on the activities by regional and national patent offices, which could inform and build on the new database.


Why would MedsPaL wish to be associated in any way with the EPO, where abuses against people are so frequent and cancer patients are shamefully disliked? And speaking of association issues, Research and Markets seems to have taken an interest in the EPO [1, 2] and it plans to give seminars in London next month. To quote a portion from one of those two new press releases:

The problem/solution' approach is not officially part of the EPC, but is a criterion which has been developed by case law. It is now is hard to find a decision of the Boards of Appeal which do not rely on the problem/solution approach in order to decide upon inventive step. It looks easy, but when applied, it should be applied correctly. This is not just a formal matter, but a substantial issue of first importance.


One thing that Research and Markets overlooks is that today's EPO violates the EPC on a regular basis, e.g. [1, 2]. It also attacks the Boards of Appeal (see, e.g., [1, 2, 3, 4]), the body/apparatus that's supposed to ensure high patent quality at the EPO and can no longer properly do its job because of understaffing, lack of independence etc. -- especially now that Battistelli puts a mortal end to patent quality at the Office (necessitating these boards the most).

Recent Techrights' Posts

No Allure in Omarchy, the Political Hyenas Only Give it More Free Publicity
To me, Omarchy seems like a weak project because of the slop (an HR problem)
Don't Let Bastards and Haters Grind You Down
They say "jealousy is the sincerest form of flattery"
Goodbye, Dolly
This week we say "goodbye, Dolly."
How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
 
Links 26/08/2026: Patent Troll InterDigital Utilises Software Patents in Unconstitutional Court, "WikiHow Launches Copyright Infringement Suit Against" LLM Plagiarism
Links for the day
The Register MS Has New Fake Article ("SPONSORED FEATURE") With "AI" 21 Times In It
The Register MS is one among many culprits
Gemini Links 26/08/2026: “Doomsday Clock”, Rwanda Genocide, and Boasting About Using LLMs Instead of Writing Code (Due to Employer's Pressure)
Links for the day
Twitter is Not an API or a Communication Site, It's a Really Bad Site That Forces You to be Enslaved by Its Algorithm (Amplifying Its Owner's Worldviews)
the crackdown on Nitter means we should all avoid accessing or linking to x.com (Twitter)
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026