Bonum Certa Men Certa

Germany Cannot Ratify the UPC Because Britain is Leaving the EU and Unitary Patent Strongly/Strictly Depends on the UK

Unless they went back to the drawing board and restarted all the negotiations, with Britain ruled out and the UPC being something altogether different (maybe renamed, too)...

I want to believe
U.P.C. is the new U.F.O.



Summary: The chorus of the German patent microcosm and Team UPC, including several IP Kat writers, who collectively in their echo chamber want to believe -- and also to convince all of us -- that the UPC will be ratified in Germany "real soon now!" (but no, they cannot without the UK changing its mind on "hard Brexit", amongst other tall barriers and legislative obstacles across Europe)

THE source of many deliberate lies, the EPO, continues to amaze us with its incredible lobbying push for the UPC. It's not only expensive but it also corrupts European media and harms its reputation (e.g. fake news, which we have just learned is spreading to Spanish media). Previously in this evening's series we summarised the past week's developments as follows:





Now it's Germany's turn. That's like the heart of this monster, not just the EPO's but also the UPC's. There are probably veiled reasons behind Maas refusing to enforce the law against Team Battistelli. With the UPC, unlike with the US patent system (which includes the notorious state of Texas, capital of litigation), there is federalism and fragmentation. Countries like the UK, Poland, and Spain (very large countries) still seem far from joining or being assimilated to the Borg, so to speak. Don't believe the fake news and the hype from Team Battistelli and Team UPC. They have a long track record of lying and they have already shouted "Wolf!" more than thrice.

"It's not only expensive but it also corrupts European media and harms its reputation (e.g. fake news, which we have just learned is spreading to Spanish media)."So, what's the deal with Germany? Not much. Team UPC, Bristows for example, toes the party line. A day ago, on a Saturday, Richard Pinckney said that "German parliament passes two bills required for UPC ratification" and he hopes to give the impression that Germany's ratification is now imminent and inevitable. But it's not. Germany won't ratify as long as the UK does not (and it cannot!).

Watch tweets from UPC proponents who repeatedly use terms like "green light". This is all conditional, contingent upon lots of things. Citing the Bundestag's site, this person says "German #Bundestag gives green light to #UPC. Actual #ratification to happen later."

Look at the certainty. Here is another tweet to that effect: "Lower House of German Parliament #Bundestag has given green light to implement #unitary #patent in Europe"

What do they even mean by green light? Something like Chinese government officials giving the green light for Siemens to relocate to China. It doesn't mean it will actually happen.

"Don't believe the fake news and the hype from Team Battistelli and Team UPC. They have a long track record of lying and they have already shouted "Wolf!" more than thrice."A pro-UPC account ("UPC tracker") said "Bills providing basis for ratification of UPC passed unanimously by DE Bundestag. Speaker: "doesn't happen often.""

Well, how often does one vote on UPC? Only once.

Talking about the FFII, Benjamin Henrion urged for action in Germany when he wrote: "You wonder if it is useful to have a German association if no German don't do shit when UPC goes through Bundestag..."

Alexander Esslinger‏ (a.k.a. "patently German") wrote: "This news will probably dampen rumors about Germany not ratifying #UPC due to some open questions in connection with Brexit" (not really, unless you are Esslinger‏, in which case the UPC is desirable to you).

Esslinger‏ alludes to discussion among people from IP Kat (former writers). Birgit, as I told her, should know about this as a German working in the UK. Tufty wrote to her: "I'm suspicious of everything about the #UPC. It would make sense for DE to delay ratification until effect of #brexit is clearer."

She had said that "all these suspicions... you Germany will still play the Article 50 waiting game? They could have stalled it yesterday?"

She also wrote "Let's just hope the Bundestag calls the #UPC by its correct name... (not "unified software patent" or similar," linking to this tweet from a dubious pro-EPO site. It says that "UK has signed the UPC Protocol on Privileges and Immunities ahead of its ratification of the agreement, but whether the country does ratify in the fallout of its vote to leave the EU remains to be seen."

"What do they even mean by green light? Something like Chinese government officials giving the green light for Siemens to relocate to China. It doesn't mean it will actually happen."It does recognise that Germany depends on what happens in the UK. Time is running out for Team UPC (EU-wide) because of Article 50. They know what it would mean to the whole scheme when invoked in as little as weeks from now, so they resort to dirty deeds (like those covered here earlier this evening).

Here comes another UPC proponent, this one also from IP Kat, which never criticises the UPC and only ever promotes it (as recently as a week ago). So much for a 'balanced' blog, only ever sobbing if there's a setback or lack of progress for the UPC.

Mr. Smyth, an occasional booster of the UPC (he does a lot to promote it), wrote: "New #UPC rumour - Germany may not ratify until result of Art 50 negotiations known. Could that be true? If so catastrophic #patentforum2017"

"Catastrophic to your employer," I told him. "What about people who actually make stuff?"

"I honestly don't believe that Jo Johnson cares about what's good/bad for the UK e.g. UPC," I added later. "Just like his brother on Brexit..."

It increasingly seems like Johnson does not care about legal aspects, either, as he cannot ratify the UPC and pray that it will miraculously survive after Brexit (or that they can 'patch' the UPC 'on the go' so as to 'retrofit' it to an untenable ratification). Might Battistelli pull that famous trick that involves money/gifts?

"Here comes another UPC proponent, this one also from IP Kat, which never criticises the UPC and only ever promotes it (as recently as a week ago)."The whole thing is insane!

"Making rules of procedure of a court with an administrative committee like for the UPC is undemocratic," Henrion noted, and "against German Constitution...."

A couple of days ago Bristows said in its blog that "PPI will give legal personality to the Unified Patent Court and provide the Court and its judges, Registrar and other staff with the various privileges and immunities."

How does the post-Brexit UK feel about such 'freedom' and 'independence' from the EU? This just serves to remind everyone out there how crazy this whole thing is. This would not only bring software patents to the UK from the back door (including litigation and enforcement from courts that don't speak English!). It would also invite patent trolls from other countries and continents to the UK. All those Chinese companies with sloppily-granted EPs can do a lot of damage here if the UPC passes (not that it's expected to happen, not in the UK anyway).

The loudest proponent of software patents in Germany asked FFII, "do you really think the #UPC will change anything for the #patentability of #software?"

That's obvious. One has to be seriously misinformed and deliberately in denial about it to say the above. We covered this subject many times before, citing various luminaries and experts to support that assertion.

As Henrion put it, "yes, it will rubberstamp the insane EPO practice." (the EPO grants software patents, unlike UK-IPO)

"The whole thing is insane!"Imagine what would happen if, instead of national courts (tied to NPOs like UK-IPO), the above-the-law EPO with its taste/savour for software patents gained prominence here. Imagine what would happen if the UPC ever gained a political foothold. Disaster!

Henrion concluded with, "the unitary patent is an ugly mixture of EU law and international law, not even an EU court [and thus] undemocratic..."

If at any point this month Johnson does the unthinkable and slips in a ratification (without even a debate in Parliament), there will definitely be protests. And if the UK goes ahead with Brexit before ratifying (as should be the case, as per the law), then all the above gossip about Germany is just a crazy pipe dream.

Recent Techrights' Posts

Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
 
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025