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

Where We Stand With the Winter Series
We'll need to protect names and sources
Gemini Links 10/02/2026: "The Last Messiah", Discord for Adults
Links for the day
Mobbing at the European Patent Office (EPO) - Part V - Strongest Strike Under António Campinos
SUEPO Munich is also reminding people of the threat of PIPs
GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
 
The Solicitors Regulation Authority (SRA) is Not a Regulator, It's Part of the Litigation "Industry" in the UK (They Overlap Each Other)
Does nothing except talk about SLAPPs
Brett Wilson LLP Seems to Have Done for Roberto Foa What It Did a Year Earlier for the Serial Strangler from Microsoft
Repeat abusers (of the legal system) will misuse it as long as regulators do nothing
In Finland, Microsoft Falls Behind Yandex (Russia)
Bing has had many layoffs in recent years
Security More Advanced in Geminispace Than on the Web (Bloat)
For real security, use Geminispace capsules, not Web sites
Slop at Microsoft is a Miserable Failure, Now Microsoft Takes the "Vista Route" (Paying People to Say Good Things About It)
This is brainwash, it's meant to delay the implosion of the bubble
Rumours About February 2026 Microsoft Layoffs: Silent Layoffs or 30,000 Culled Tomorrow
Sooner or later (and soon) Microsoft will need to say something and file some WARN notifications
GNU/Linux at 12% in Guam, Based on statCounter (Compared to 2-3% a Year Ago)
Guam's "uptick" in GNU/Linux usage started weeks after "end of 10"
Fighting Slop With the Public Domain (and Why Slopfarms Perish Faster Than New Ones Appear)
We can combat the nonsense by producing more human-made works until the slop bubble implodes
After Employee Reviews at IBM Staff Expects Another Large Wave of PIPs and "RAs" (Layoffs)
From what we can see in the "public Web"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 09, 2026
IRC logs for Monday, February 09, 2026
Is Europe Abandoning Digital Opium?
GAFAM-controlled social control media
Microslop is Slop, Slop is Considered "Quality"
no wonder Microsoft's stuff breaks down so often
thelayoff.com Deletes On-Topic Discussions (Layoffs) While Leaving in Tact Pro-Corporate Trolling Made by LLMs (Slop)
Who at thelayoff.com deems spam made by LLMs (slop) to be on-topic and unworthy of zapping, whereas actually on-topic and authentic threads get routinely deleted?
The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
Gemini Links 09/02/2026: Great Salt Lake Ecological Observatory and Offpunk 3.0 "A Community is Born" Release
Links for the day
Links 09/02/2026: Mass Plagiarism and Pollution/FakeCoin Company Nvidia Contacted Anna’s Archives, Narges Mohammadi Gets Second Prison Sentence
Links for the day
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out
Expensive errors: Forbes Gold price, $44 billion Bitcoin given away by Bithumb, South Korea
Reprinted with permission from Daniel Pocock
Links 08/02/2026: Microsoft OSI (Openwashing Lobby) in Europe, Raised Against Social Control Media Provocateurs in EU
Links for the day
The Open Source Initiative (OSI) Lobbies for Microsoft in the EU, Promoting Proprietary Lock-in
OSI pushing and selling Microsoft and GitHub. OSI is Microsoft front group.
Getting the European Court of Justice to Annul the Illegal and Unconstitutional Unified Patent Kangaroo Court (UPC)
We're still working on it
Finland's Dependence on GAFAM (US) Needs to be Lessened, EU Must Follow This Path
It's unwise to make one's entire national infrastructure (computer systems) dependent on a regime which compares its black citizens to monkeys and assassinates nonviolent dissenters
Links 08/02/2026: Microsoft GitHub as Burden on Developers and "The Chomsky Epstein Files"
Links for the day
Gemini Links 08/02/2026: "Doing Not Much Tweaking" and "Reclaiming Digital Agency"
Links for the day
Forbes: BitCoin, Cryptocurrency pages removed from investment database, links stop working
Reprinted with permission from Daniel Pocock
Bitcoin warning followed immediately by network outage
Reprinted with permission from Daniel Pocock
Money Funneled to Protection of Software Freedom, But Nothing Really Lost
Crossposted from personal site
They Tell Us Slop Replaces Workers, But the Reality Is, US Debt Has Surged 2,300 Billion Dollars in Six Months (the Economy is Collapsing)
Oligarchy already entertains the option of running away to (or colonising) some other planet without pitchforks and "unwashed masses"
Mozilla Firefox Sinks to Just 1.5% in the United States
According to analytics.usa.gov
We're Still Fast
The site is even faster than the BBC's despite being on shoestring budget with only a small technical team
Gemini Protocol is Not a Waste of Time of Effort
We see more and more GNU/Linux- or BSD-focused bloggers turning to Gemini
Our Gemini Protocol Support Turns 5 Today
today is a rare anniversary for us
In Today's World, One Must be Tough and Principled to Get Ahead Morally
But not financially (sellouts)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 07, 2026
IRC logs for Saturday, February 07, 2026
The Right Wing in the United States Does Not Support Free Speech, It Supports Its Own Speech
Free speech is often opposed by those who also oppose Free software
IRC is a Lot Better Than Social Control Media (They're Not the Same at All)
A good social analogy for IRC is, there are many buildings with a party in each building
Microsoft 'Open' 'AI' is 'Dead Meat'
Or 0xDEADBEEF as some geeks might call it
When Identifying "Low Performers" and "PIPs" Aren't About Improving Performance But Reinforcing a Clique in Your Company/Organisation
It's very troubling to see once-respectable brands like IBM and institutions like the EPO resorting to this
Slop and Flop (IBM), Slopfarms and Hybrids (Linuxiac)
Did Bobby Borisov assume he would never get caught?
Crowdfunding vs Bitcoins: donations are better investment than digital tulip mania
Reprinted with permission from Daniel Pocock