Bonum Certa Men Certa

Now is the Time to Sign the Petition Against the Unitary Patent (UPC)

It only takes one minute to sign it and anyone can sign as everyone is affected (not just Brits)

UPC Petition
Direct link to the petition



Summary: With only days left before the UPC is debated in English/British (and maybe Scottish) Parliament it's important to make public officials aware that there is resistance among those sufficiently informed

THE process of UPC ratification is better understood by us, more so as time goes by (a lot of misinformation keeps coming from Team UPC, which habitually spreads fake news [1, 2, 3, 4, 5]). FFII spoke to political parties yesterday (over the telephone) and gathered information related to the process involved (e.g. whether or not a Parliamentarian vote is required). Not only British individuals and firms can sign; these are still kindly invited to sign this petition "against the ratification of the Unitary Software Patent treaty by the UK and Scotland," though we mostly rely on political interventions at the moment. Having a petition with many signatures in it would help these interventions.



The petition itself already explains quite clearly what the UPC would accomplish and what it is for, e.g. expanding litigation scope and patent scope. We reproduce it below for those who may be reluctant (or too lazy) to follow the link:

We, the undersigned citizens, IT professionals, and IT companies of United Kingdom and Scotland, are strongly against the ratification of the Unitary Patent. We call on the Government and elected Members of Parliament of UK and Scotland to reject this international agreement for the following reasons:

1. We are worried about the thousands of software patents granted by the European Patent Office (EPO) against the spirit of the European Patent Convention (EPC article 52.2); The proposed Unitary Patent Court would provide a single point of failure (SPOF) to create case law in favour of patentability of software on a European scale;

2. The Unitary Patent contains paragraphs which refer to the Supremacy of the Court of Justice of the European Union (CJEU), while politicians have promised to respect the democratic Brexit vote of UK citizens to leave the European Union;

3. EPO's software patents are the worst nightmare of software developers; software companies can be threatened and sued at any time;

4. Many experts in the field have recognized that the Unitary Patent is the perfect vehicle for validating software patents in Europe (see quotes page). A heavily debated directive was rejected by the European Parliament in 2005 at the request of large multinational corporations (MNCs) which prefered a push for central patent court instead;

5. We are afraid of the multiplication of threats and lawsuits brought by some companies, and especially the ones that don't produce anything other than patents (so called "Non Practising Entities" or "Patent Trolls"); We are concerned that software patents shifts budgets allocated to R&D (Research & Development, run by software developers) to P&L (Patents & Litigation, run by lawyers);

6. Our companies don't have the financial means to defend themselves in court or to pay damages, and we believe the Unitary Patent would make it worse. The Unitary Patent has not been designed for small companies in mind. The cost of litigation and the amount of damages would be on the rise, as they would be calculated for the whole EU market;

7. The Unitary Patent Court would be more attractive to patent trolls that apply and litigate patents, as EU-wide injunctions and EU-wide damages would be available to extract large sums of money. Companies that don't have the financial means to defend themselves in court would be forced to settle;

8. We believe the UPC is an undemocratic instrument, whose 130 pages of rules of procedure have not been debated or drafted by parliaments, but by an administrative committee populated by members of the patent industry; this administrative committee would also have the power to change the treaty at will without consulting any parliament once the Unitary Patent is running; Parliaments also never had any power nor a procedure to amend those rules of procedure; citizens and companies don't have democratic means to influence this important piece of regulation;

9. We believe the UPC is not counterbalanced by an elected parliament, not even the European Parliament, making this court a quasi-legislator when it comes to patent law;

10. The UK has a legal tradition to reject the German and EPO's "technical effect" approach, which makes any software patentable when it runs on a computer; this restrictive approach to software patenting would be lifted by the large influence of German judges;

11. The UPC would make national clarifications to the European Patent Convention, as requested by previous petitioners, impossible;

12. The UPC would make bifurcation possible, which splits the validity and infringement cases (like in Germany), creating an imbalance where on one side, the patent owner says its patent is broad (infringement), and on the other side it is narrow (validity). Powerful injunctions to stop products on the market are granted, while the patent is later on found invalid;

13. The UPC is a power grab by the patent community, as judges are elected among this community. Patent law would be out of balance with other fields of law, and no supreme court would be able to intervene in patent law in order to correct their wayward doctrines and practices, as it happened for the last years in the United States with the Supreme Court (SCOTUS) and the Court of Appeal of the Federal Circuit (CAFC). Patent law would evolve in its own bubble;

14. We call on other EU member states to redraft the project in order to make it integrated within the structures of the European Union, and migrate the undemocratic European Patent Office (EPO) into an EU agency under the sole responsability of the European Parliament. The EPO is an international organization which abuses its diplomatic immunity, and is thus literally outside the law. We also denote the lack of separation of powers within the Council of European Ministers, which are part of the executive, and were heavily influenced by their National Patent Offices. The legislator should not be influenced by the executive, which is the currently the norm at EU level..



Benjamin Henrion (FFII) deserves most of the credit for the above text. If Europe ever falls for the UPC, it will have a knock-on effect elsewhere. Yesterday Henrion spotted Watchtroll harnessing Europe's policy to help people bypass patent restrictions. To quote a couple of portions: "The problem-solution paradigm has become a cornerstone of patentability in Europe. Drafters interested in protection in Europe by direct filing or via PCT consequently need to cultivate a flexible attitude to problem-solution for analyzing, describing and claiming inventions, and defending patentability. [...] The EPO uses its problem-and-solution approach in a restricted way in the assessment of inventive step during examination once the claim is settled. The official approach is to take as the starting point the closest single item of prior art known at that stage, for expressing the invention in terms of the “objective problem” solved by the skilled person in going from this closest prior art to the then-claimed invention, i.e. in achieving the technical contribution of the invention."

MIP, publishing behind a paywall as usual (so that only those who agree can read), speaks of UPC "progress" this week (looking back at the month that ended last night). The piece makes it appear as though UPC is definitely coming, but the reality is grimmer and there are still many barriers to the UPC (present and future hurdles). "EU Council ministers discuss Unitary Patent and UPC, Italy ratifies the UPC Agreement (UPCA), UK government publishes Brexit strategy document and answers questions on its UPCA ratification commitment," MIP wrote.

"What we expect to happen is, more people will become aware of the UPC and who it is really for and debates will intensify to the point where the UPC's untenability and incompatibilities are realised, whereupon the whole shebang is officially in a limbo again."Also at MIP, Helga Chapman wrote about early certainty of patentability at the UK-IPO, noting that "[t]he EPO has now addressed this issue with the implementation of its Early Certainty programme," which is actually notorious among EPO staff. You can't rush examination like that; it's like using two women to conceive/deliver a baby in 4.5 months.

What we expect to happen is, more people will become aware of the UPC and who it is really for and debates will intensify to the point where the UPC's untenability and incompatibilities are realised, whereupon the whole shebang is officially in a limbo again. Battistelli's wet and perverse dream will not have come to fruition by his term's end.

In the mean time, please do sign the above petition and spread this link around. There is less than a week left to do so and politicians -- not just British politicians -- are counting on these signatures.

Recent Techrights' Posts

Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
 
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026