Bonum Certa Men Certa

Is Bristows UPC Falsifying UK-IPO Quotes or Just Using Informal Words to Lobby for the Unitary Patent (UPC)?

Bristows LLP and EPO



Summary: The statement from the UK-IPO (the IPO) says nothing like what Bristows attributes to it, raising all sorts of questions about who is steering IPO policies nowadays

What Team UPC and Team Battistelli (EPO management) have in common is that they both lie. A lot! Bristows, for example, is perpetually lying about the stance/views of British people and it's doing this to enrich itself.



"Bristows, for example, is perpetually lying about the stance/views of British people to enrich itself."Why do they want the UPC so badly? Litigation. Lots and lots of it. Battistelli is like Trump with "See you in court!"

Battistelli is gradually demoting if not demolishing examination, meaning that more patents get granted (even bogus patents), and more litigation is to be expected (except against Battistelli, as he insists that he is immune from prosecution).

"Battistelli is gradually demoting if not demolishing examination, meaning that more patents get granted (even bogus patents), and more litigation is to be expected (except against Battistelli, as he insists that he is immune from prosecution)."The whole idea of patent examination (proper examination!) is, people can't just baselessly drag other people into court/out-of-court settlements. It requires some sort stamp approving some merit to one's claim/s; that's what patents are for. The UPC lobbyists, truly dishonest people (Team UPC) along with Battistelli, have a lot in common except cluelessness on science; they want litigation and money. Money! It has gotten so bad that, as we pointed out this morning, Team UPC 'took over' IP Kat and is now using that blog to help Battistelli. Meanwhile, few British firm are trying to sell their stinkin' services around the UPC, regardless of how much damage such a regime would cause to British businesses that actually produce something.

What really got on our nerves today is this Bristows "news" from Liz Cohen, which is promoted in Twitter as "UK confirms it is “fully on track” to meet UPC timetable" (with quote signs included).

"Are we seeing IPO entryism by Team UPC?"Where does that message come from? Where are those words from? The MIP spin? Those 4 words from unnamed "spokesperson"? Well, nobody said that in a site; there is no way to verify that it isn't just made up, conjured from memory, or even fabricated. Here, last week, we wrote about that in great detail and someone pointed out something similar in IP Kat comments, demanding an actual link to a statement or a source.

Are we seeing IPO entryism by Team UPC? Where does the quote come from? Is MIP (or Bristows) now spokesperson of IPO?

Well, let's inspect the original, as there is no source (not even a link) in the post from Bristows and the same goes for MIP, which also used a paywall. We need to be careful with anything that comes from Bristows as we already know their inclination to lie and distort. "Anyone can produce a diff to see what has been updated," Benjamin Henrion asked this afternoon. So we decided to take a look at what UK-IPO actually says.

The page, as per the Internet Archive, used to say (about patents post-Brexit):

The referendum result has no impact on UK businesses’ ability to apply to the European Patent Office for patent protection.

It will remain possible to obtain patents from the EPO which apply in the UK. Existing European patents covering the UK are also unaffected. British exit from the EU will not affect the current European patent system as governed by the European Patent Convention (EPC).

The UK remains a Signatory State of the Unified Patent Court at present. We will continue to attend and participate in UPC meetings in that capacity. There will be no immediate changes.



After the inane remark from Lucy this became (mind last paragraph):

The referendum result has no impact on UK businesses’ ability to apply to the European Patent Office for patent protection.

It will remain possible to obtain patents from the EPO which apply in the UK. Existing European patents covering the UK are also unaffected. British exit from the EU will not affect the current European patent system as governed by the European Patent Convention (EPC).

The UK remains a Signatory State of the Unified Patent Court at present. On 28 November, the UK government confirmed its intention to proceed with arrangements to ratify the Unified Patent Court.



"The IPO is keen to hear your views about these issues," it says. Well, it seems to be hearing only from lawyers, not those affected by their actions. And now this is their statement (updated yesterday):



The UK’s exit from the EU will not affect the current European patent system, which is governed by the (non-EU) European Patent Convention. UK businesses can continue to apply to the European Patent Office for patent protection which will include the UK. Existing European patents covering the UK are also unaffected.

While the UK remains a full member of the EU, businesses can continue to apply for and be granted Supplementary Protection Certificates (SPCs) for patented pharmaceutical and plant protection products using the current SPC system.

Existing UK SPCs granted under that system continue to be valid.

Once the UK leaves the EU, UK businesses will still be able to apply for SPCs in all remaining EU Member States under the existing system.

The government is exploring options for SPC protection in the UK after we leave the EU.

The UK remains a Signatory State of the Unified Patent Court at present. On 28 November, the UK government confirmed its intention to proceed with arrangements to ratify the Unified Patent Court Agreement.

Preparations for ratification are progressing and we expect to be ready to begin the period of provisional application in the spring.

The UK government has signed the Protocol on Provisional Application and is ready for that to commence to the timetable foreseen by the Preparatory Committee. It is planned that the UPC will open for business in December 2017.


The "Preparatory Committee" is just Team UPC, i.e. a bunch of greedy lobbyists like Bristows. Sounds like entryism and a legitimate cause for anger over scandal/mischief.

"Wittingly or not, Bristows has become an expert in lying, not an expert in UPC matters."Where does the quote “fully on track” come from? Who said it and when? Will Bristows retract that nonsense? Well, it's not as though Bristows has much of a reputation to guard. They're so desperate for the UPC, almost as if the firm would go bankrupt if the UPC does not come to the UK. Wittingly or not, Bristows has become an expert in lying, not an expert in UPC matters. Maybe the employees should change their career to lobbying, as some already have.

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