Bonum Certa Men Certa

Breaking the European Patent System With the UPC Hammer, Courtesy of the EPO and Lawyers-Centric 'News' Sites

Breaking what's clearly not broken to build something new which doesn't work for anything or anyone but billionaires

EPO Frame Breaking
When all else fails Battistelli characteristically uses a hammer



Summary: The latest overt pushes for the Unitary Patent, courtesy of biased (self-serving) media and the EPO's Michael Fröhlich, who joins Margot Fröhlinger with her Unified Patent Court (UPC) advocacy that conveniently waves off Brexit

THIS new article from Managing IP (MIP), a proponent of the UPC, is very optimistic about the UPC. It's hardly surprising given the site's track record. Even though recruitment of UPC judges has been called off the site speaks of the UPC as though it's some unstoppable gravy train which is also desirable. It's neither; the public does not want it (at least the few who understand what it does) and it seems to have been derailed -- quite fatally in fact -- following Britain's vote for Brexit.



"How can a continent with so many languages get along with the UPC? And now that the only large English-speaking member state may be out, why even have hearings and patents in English?""UK Prime Minister Theresa May rules out influence of the CJEU and authority of EU law in a post-Brexit Britain," MIP wrote, but "Labour party MPs demand answers from government regarding UK participation in the UPC and EPO" (we rebutted this spin before). MIP says "five more EU member states including Italy and Slovenia [are] expected to ratify the UPC Agreement early next year," but without Britain and especially with lingering uncertainty about its status in the EU the UPC won't get anywhere any time soon. Its death might not be "official" for several years to come, but it's not too hard to see where this is going.

How can a continent with so many languages get along with the UPC? And now that the only large English-speaking member state may be out, why even have hearings and patents in English? How would Spain feel about it? Battistelli may think (as he's a clueless nontechnical thug) that patent examination and accurate translations can be attained using algorithms, but he's wrong beyond words. Fools who think that automated translations are an excuse that can make patents go global (applicable everywhere) would have us believe that even patents in Mandarin (new MIP article about notoriously crappy patents from SIPO) would be legible in Latin/Greek-derived languages. At this stage we're actually entering the twilight zone, wherein totally idiotic people like Battistelli make big decisions that can undermine the whole of Europe. According to another new article from MIP and from IP watch [1, 2], there is a new AIPLA President and he is one who used to be involved in software patents and ITC cases (embargo at the behest of large corporations). WIPR, in the mean time, writes about AIPLA 2016 and quotes the EPO's Michael Fröhlich (another Battistelli and UPC "yes man", not to be confused with Margot Fröhlinger [1, 2, 3, 4]) who will say just about anything -- even lie -- in an effort to make the UPC seem inevitable. From the report:

The Unified Patent Court (UPC) and unitary patent will become a reality, with or without the UK, according to a senior official at the European Patent Office (EPO).

Michael Fröhlich, director of international legal affairs at the EPO, was speaking in a personal capacity at the American Intellectual Property Law Association’s (AIPLA) 2016 Annual Meeting in Washington, DC.

He said: “The issue of the Brexit vote is the last hurdle in what has been a hurdle chase since the beginning. There have been hurdles that have been higher than what Brexit has posed … and this last one will be taken successfully.”

Slovenia is about to become the 12th country to ratify the UPC Agreement in the coming days, with Italy expected to become the 13th, according to Fröhlich, speaking on Friday, October 28.

He added that Germany plans to finish the parliamentary ratification process by the end of year.


They have been saying this for a long time, yet it never actually happened. Last year Battistelli said that UPC would happen this year and it's already near December/Christmas. Progress made? Nothing. Even worse -- the UPC has gone backwards/in reverse, owing primarily to the UK. Always remember that the EPO's management is now living in (and accepting) Battistelli's fantasy land. The man is deluded, maybe clinically damaged. He will say anything to get his way, even breaking his very own rules, then look for scapegoats (especially when he does not get his way). Recall what he's rumoured to have attempted to do even to Roland Grossenbacher (behind his back). Nobody is safe from the paranoia and vengeance of Battistelli, not even old allies/friends like Grossenbacher. Battistelli turned the EPO's management into a dangerous cult.

"Always remember that the EPO's management is now living in (and accepting) Battistelli's fantasy land."Be wary and sceptical of all the UPC propaganda that's still abound. Here we have WIPR asking its choir (mostly patent law firms) about things that the choir would profit from. Nothing is said about the number of respondents and their nature, but this was used to generate misleading headlines about UPC, as usual ("Readers confident in UPC despite Brexit vote").

WIPR did the same thing regarding software patents in the US about a week ago. As we said at the time, that's like conducting a poll in Fox News about Donald Trump's chance of becoming President. They're asking an already self-selecting and biased population to reinforce an echo chamber's mentality/mindset (self-deluding/self-misleading, disconnected from reality).

Recent Techrights' Posts

It Has Cost $215,000 in Legal Costs to Sue IBM for Wrongful Termination
IBM typically settles out of court and demands secrecy (to avoid anyone else benefiting from the very expensive outcome)
The PIPs or 'Voluntary Termination Offers' Help IBM Fake Its Situation
"IBM is not a tech company"
 
SLAPP Censorship - Part 184 Out of 200: A Tiny Law Firm That Knows Nothing But Microsoft (But Merely Pretends to Understand "IT")
They've managed to trick some mainstream media into thinking they're "Tech" experts or "Social [Control] Media" gurus; nothing could be further from the truth
Links 15/09/2026: Sweden’s Far Right Perishing and "Iceland Just Got Played"
Links for the day
It's Not About How Developers Vote
This isn't about politics, it's about users being in control of their own computers and computing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 14, 2026
IRC logs for Monday, September 14, 2026
Gemini Links 15/09/2026: Poetry, Enshittification of Ebay, and Mecha System
Links for the day
LG Lies to Cover Up Lies About Its Spying TVs (It Records and Transmits Conversations in Rooms)
This is what a lot of "modern" technology is like
Oracle's Debt Continues to Soar (Increase of 60 Billion Dollars in 15 Months, Not Counting the Secret Debt, With Off-balance-sheet Debt Having "Grown Roughly Thirtyfold in Four Years")
Oracle debt continues to grow
Apple's iOS and macOS Measured as Bigger Than Windows in the US, Linux-Based OSes at Almost 30%
Expect the silent layoffs at Microsoft to continue at a rapid pace
Oracle, Like Microsoft, Drowns in Debt and Discards Tens of Thousands of Staff (Microsoft Does the Same More Discreetly)
The main difference between Microsoft and Oracle is that the latter is honest about what's going on
Gemini Links 14/09/2026: First Android Phone, Leaving Sony, and Rant About Gemini-to-HTTP Proxy Providers
Links for the day
Links 14/09/2026: "Scam Altman Now Trying to Gain Control of Electric Grid" and Sweden Moving to the Right
Links for the day
Vista 11 Flunked
Microsoft cannot start a "Vista 12" campaign as it would only make matters worse
Microsoft Urgently Needs Distraction: There's No "Next XBox", But There's a New Boot Screen (Like 'Dark Mode', a Feature That Can be Implemented in Mere Minutes/Hours)
Anything to distract from XBox fiasco
IBM Flying Away to Sweatshops (So Will Red Hat)
Even on Sunday people post about 'leaving' IBM
RFID Ambitions Already Established by Widespread Skinnerbox Adoption
A society that cannot maintain privacy for those who deserve it will not manage to assure dignity of citizens
SLAPP Censorship - Part 183 Out of 200: What Actually Happened Two Months Ago (Based on People Who Attended)
It's dangerous to assert what happened in a hearing you did not attend (there was no video stream or recording, either)
Phil Harvey, an Editor-in-Chief in a B2B Site, Explains Why ChannelFutures (Connected to TechTarget) and Other Sites That Used to Cover Linux Deleted Many Articles
Every old article in channelfutures is gone!
Software Freedom Day 2026 is 5 Days From Now, Fresh Reminder to Boycott Proprietary Software
Let this be a timely reminder of why people should avoid proprietary software
Links 14/09/2026: Slop Hardly Used for Actual Work (Chatbots Are for Lonely People), Slop Bots (Scrapers, Plagiarism) "Are Thirsty for Power"
Links for the day
Gemini Links 14/09/2026: Trip, Hiding, and OCR
Links for the day
IBM PIPs Are Layoffs (RAs Come Later Even If You Satisfy the "Performance" and "Plan")
Notice how "the media" almost never mentions silent layoffs, as if just because they're silent, there's nothing to investigate, nothing to see there
Slop Companies Engage in Plagiarising the Web, Now They Pay People to Contaminate the Web With Their Lies
Remember that the lawfare against us is funded by slop salaries!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 13, 2026
IRC logs for Sunday, September 13, 2026
Microsoft is Laying Off All Year Long (It's Just Keeping Quiet About It)
The issue here is also the media. It's complicit.
MElon's Twitter Takeover Was Meant to Amplify People Like Himself or David Heinemeier Hansson (Slop Pyramid Schemes and Bigotry)
Social control media is not neutral
Microsoft Lunduke of 'Linux Sucks' (and Microsoft Corp.) Tries to Replace GNU/Linux With Toxic Discussions About Toxic Politics
Poisoning the well people drink from
General Assembly Covers EPO Strikes on Thursday, September 17th (2026)
The EPO's staff representation at The Hague has asked people to join an upcoming online session about industrial actions
Links 13/09/2026: Republican Campaign Aide Uses Nazi Photo and Convicted Felon is Wielding Power to Stifle Speech
Links for the day
Gemini Links 13/09/2026: Never Settling, Plain Text Digital Life, and Newsgroups
Links for the day
SLAPP Censorship - Part 182 Out of 200: UK Dockets With Machine-Generated Applications to the Court (From American Slop Companies)
Earlier this year Garrett was using machine-generated output as legal papers and submissions
Efforts to Cancel Matt Mullenweg Have Made Us More Sympathetic Towards Mullenweg and More Sceptical of the People Who Run Automattic (Named After Mullenweg)
Mullenweg, unlike Automattic, is not "in it for the money"
Boosters of Omarchy Are No 'Underdogs'
There are many Arch derivatives that do not rely on "viral" marketing in MElon's child porn-pushing social control media and are instead relying on real development, not slop
PIPs Are a Setup: They Set Workers Up to Fail While Working Their Arse Off Before Getting Kicked (Out) in the Arse
Malicious and exploitative
SLAPP Censorship - Part 181 Out of 200: This is Really More Like Brett Wilson LLP v Schestowitz (Using Money From American Slop Companies, Plagiarism Pushers)
We approach the parts where we explain that the Application to the Court with Garrett's name on it was instead complaining about fair criticism of the combative law firm (irrelevant to any injunctions) as if it was impermissible to explain what it had done - and still does - to my wife and I
It Sometimes Feels Like Slop Companies Are Committing Online/Digital Crimes
"GPT" out of control
Gemini Links 13/09/2026: Why Omarchy is "Plain Disgusting" and "AI Slop" and Why "Plain Text To Do List" Rocks
Links for the day
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026