Bonum Certa Men Certa

Lying Has Become the Norm When It Comes to the Unitary Patent (UPC)

Battistelli's EPO and litigation firms resort to lies, distortions and outright bullying of critics

Margot Fröhlinger for UPC



Summary: Response to the latest lies and half-truths that are being disseminated by a bunch of litigation businesses aided by Battistelli and his henchmen (or henchwomen, like Margot Fröhlinger)

TECHRIGHTS is anything but new to the UPC plans, which were known as all sorts of other things over the years ("harmonisation", "EU Patent" etc.) and people can find articles on the subject going nearly a decade back. We are on pretty solid ground when it comes to the subject and we can easily spot lies, then report them in public. Not many other sites are both capable and willing to do this. We are neither obsessed, nor do we respond in vain. It has become very apparent that Techrights has become the #1 enemy of Team UPC (a conspiracy of few law firms looking to make a lot of money from the UPC and thus lobbying for it at huge private expense). This post is an assorted rebuttal to some of the latest lies, as well as observations made by various people who prefer to remain anonymous.



UK-IPO Distortions



The other day someone asked: "Did the UKIPO really say that the UK government was fully on track with regard to the UPC? Can't find it."

“We are on pretty solid ground when it comes to the subject and we can easily spot lies, then report them in public.”We wrote about that the other day, after we had spotted something rather dodgy at Managing IP.

We suppose that it's possible someone said something on the phone, but it's definitely not an official statement. Yet they paint is as official policy, just like they framed a 5% vote at 1:30 AM as something very official (more on that later, for this nonsense is still being repeated by Team UPC). Lies by omission have become a common strategy among Team UPC, which means we must always dig deeper and fact-check everything they say. Remember these highly misleading claims about Spain back in March. How can they get away with that?

"Allusions" and "Omissions" is what someone we spoke to called it. This person too recognises that Team UPC is being rather disingenuous. "Great way of communicating with the world," this person sarcastically dubbed it, but they are desperate, no doubt, albeit it's no excuse for this strategy, which clearly involves misleading potential clients.

"Is this the new normal?"

Well, apparently so.

“Did the UKIPO really say that the UK government was fully on track with regard to the UPC? Can't find it.”
      --Anonymous
We have stressed this repeatedly in this site and elsewhere: nothing that Team UPC says should be taken seriously (without a barrel of salt).

As one person put it the other day: "Quite frankly, the opinion of this author whose firm is heavily invested in the UPC is as biased and thus irrelevant as that of the other UPC proponents. They are all in vain trying to cherrypick from the apparent mess something to suit their needs and further their agenda. Whether it's Tilmann, Mooney, Hoyng or now Mr Smyth."

"Yes," somebody later told us, "they all have a vested interest in this succeeding..."

But at what cost?

What we now have is an unprecedented mess, wherein lawyers can be assumed liars (at least about the UPC) and customers are habitually being misled. Many of them don't even realise this. In the mean time, business are being lied about, not just to. The UPC is definitely not desirable to us who create things (e.g. software), yet patent lawyers tell the world, politicians included, that businesses want the UPC. They don't. They don't need patents in other countries if at all. Some have signed a petition to clarify this and a group representing SMEs condemned claims that UPC is desirable to SMEs. AstroTurfing like the EPO now?

“They are all in vain trying to cherrypick from the apparent mess something to suit their needs and further their agenda. Whether it's Tilmann, Mooney, Hoyng or now Mr Smyth.”
      --Anonymous
Yesterday someone anonymous wrote: "Even in-house lawyers (not patent attorneys, but the other kind, who can call themselves 'patent attorneys' for no sensible reason I can think of) are planning to risk their employers' assets by taking the unitary patent route. In regards to the 'assertion' "How numerous are likely to be CJEU referrals by the UPC anyway?", was the same question asked by Smythe et al when the SPC regulation was drafted?"

Only a fools would put any eggs in the UPC basket, as it's a sinking ship.

EPO Distortions



Last night we found this new article titled 'Europe’s unitary patent system will boost Korean firms' (a blatant lie right there in the headline).

We can't help but speculate; Did Battistelli's hired PR firm pay for these lies to be printed, or did Team UPC pay for these lies to be spread in Korea? Who knows... all we know is, "Margot Froehlinger, the principal director for unitary patent, European and international legal affairs at the European Patent Office ECCK" managed to seed these lies in yet another continent's press (maybe there is similar coverage in Hangul). She has become Battistelli's most prominent mouthpiece on UPC matters, as we noted here before [1, 2, 3]. Irrespective of Margot Fröhlinger, we have spotted yet more self-serving nonsense printed as though it was factual.

Marks & Clerk Distortions



“Even in-house lawyers (not patent attorneys, but the other kind, who can call themselves 'patent attorneys' for no sensible reason I can think of) are planning to risk their employers' assets by taking the unitary patent route.”
      --Anonymous
Watch this new puff piece/marketing disguised as an article in the Scottish Legal. The headline says nothing about it being an advertisement for Marks & Clerk, which promotes software patents in Europe and is regularly helping Battistelli's agenda. Further down in this 'article', which parrots EPO talking points, it's made apparent that it's not from a journalist but from "Tim Hargreaves, chartered (UK) and European patent attorney, and partner, at Marks & Clerk’s Edinburgh office..."

His colleague is meanwhile lobbying for the UPC. The first sentence of this new 'article' of hers (marketing by Karen Fraser from Marks & Clerk) is an utter lie. It repeats the above-mentioned lie/fabrication:

Following the UK Government's announcement that it will ratify the Unified Patent Court Agreement, the Unitary Patent and Unified Patent Court (UPC) are expected to go live in December 2017, subject also to ratification of the UPC Agreement by Germany. Applicants will then have a choice between obtaining the "traditional" bundle of national patents that has always been available under the European Patent Convention (EPC), and a unitary patent on the basis of European patent applications granted by the European Patent Office. This applies to all newly filed European patent applications and to currently pending European patent applications, as long as they are granted after unitary patents become available and as long as they currently designate all participating states.


That's a gross representation of what is actually happening. Francisco Moreno said: "Useful information if the go-live date is December 2017 or later. Waste of time if this unitary patent system never becomes available..."

“Waste of time if this unitary patent system never becomes available...”
      --Francisco Moreno
Based on where it stands in the UK (which the above article is about), it's not going anywhere, hence it is, as Francisco Moreno puts it, "waste of time" (and money, which firms like Marks & Clerk would pocket after they gave misleading/poor advice).

British Special Interests



Remember that firms like Marks & Clerk or Bristows are trying to write the very law that would govern them (if they succeeded at this mass manipulation campaign that is still ongoing). The UPC "is just a theory and pipe dream at this stage," I told this former 'Kat' (David Pearce), "but lawyers lie. That's what they're paid for."

“UK courts are thorough and generally get it right. A good proportion of asserted patent are invalid in some way.”
      --David Pearce
"Obviously," he said in relation to another thing, noting that those lobbying for the UPC are "mainly big litigation firms who have something to gain."

Like IAM and its funding sources, which include the EPO's PR firm that paid IAM for pro-UPC events?

On another occasion, David Pearce responded to IAM and Erick Robinson, after they had said that "unlike Germany or China, the UK invalidates patents like they are going out of style. Sort of like the US."

"Not a very fair assessment," he said. "UK courts are thorough and generally get it right. A good proportion of asserted patent are invalid in some way."

"Like IAM and its funding sources, which include the EPO's PR firm that paid IAM for pro-UPC events?"Later today we are going to write about UK courts ruling in favour of a patent troll -- a subject already covered here the other day. It would have been far worse if UPC was in effect.

German Special Interests



Postponed again (as always) is the UPC ratification process in Germany. It's in a limbo. The UK is not ratifying, hence (as expected) the Germans have no point ratifying either. The crucial point is, the UK cannot ratify, or cannot stay in the UPC after leaving the EU. But UPC hopefuls try to spin that with "Postponed is not abandoned - German proverb."

"The UK is not ratifying, hence (as expected) the Germans have no point ratifying either."Christopher Weber and Alexander Esslinger are still fantasising, saying that "[t]he process of formal ratification of the Unified Patent Court (UPC) Agreement by the UK is unlikely to be completed until mid-July," citing Team UPC. So once again they are pushing back the dates. Not too long ago they pushed back as far as 2018. They must have realised by now that even believing their own lies would be rather unreasonable.

Bristows, in the meantime, repeats the old lies about Germany (the magnitude of the distortion is a must see). Bristows' Richard Pinckney wrote the other day [via] that "the laws authorising Germany to ratify the Unified Patent Court (UPC) Agreement and to amend the national patent law have been approved by the Bundestag (parliament) and the Bundesrat (Federal Council), the draft law (bill 18/11238) to enable Germany to ratify the UPC’s Protocol on Privileges and Immunities (PPI) is at an earlier stage."

"They must have realised by now that even believing their own lies would be rather unreasonable."Did he mention that only about 5% voted? No? Not convenient a fact? How much longer will they carry on with these fantasies? Nick Kounoupias, a "UK solicitor and IP expert" by his own description, published this article titled "Was it a dream?"

"UK patents will remain unaffected," he explained, "and US based businesses and individuals owning UK patents will still be able to enforce UK patents within the borders of the UK. However, overseas businesses operating within the UK could still obtain unitary patents and deal with the new UPC but only for use outside the UK."

"As we see it, the UPC is a dead -- or at best dying -- project, but those who counted so much on it succeeding refuse to see it and try to blind others too."That's a loaded statement which assumes that the UPC will somehow become a reality, with or without the UK participating. "Patent law has not yet been harmonized across the EU," Benjamin Henrion wrote, "so there should be little change to the present position..."

As we see it, the UPC is a dead -- or at best dying -- project, but those who counted so much on it succeeding refuse to see it and try to blind others too. They still believe they can somehow salvage this thing by gross distortion while the EPO goes down in flames.

Comments

Recent Techrights' Posts

Affirming What We Already Know: Solicitors Regulation Authority (SRA) is Profoundly Incompetent
"SRA ordered to pay solicitor £50k in costs after failed prosecution"
RMS Was Right 35 Years Ago
Stallman’s viewpoints have remained the same
Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
 
Oracle's Debt Exploded by 22 Billion Dollars in 6 Months, the Ponzi Scheme With Scam Altman Was Classic 'Pump and Dump'
The founder of Oracle now uses his wealth for right-wing ideological reasons, nothing else
Facebook ('Meta') is Dead Meat, This GAFAM Company's Debt Exploded by Almost 33 Billion Dollars in Just 3 Months (11 Billion Per Month)
we can expect many sales/contracts to get canceled
Australia's top nurse takes on Musk, Zuckerberg & rogue health influencers, birthkeepers
Reprinted with permission from Daniel Pocock
The "Alicante Mafia" - Part XVI - The Associates of Mr. Cocainegate Don't Want to Talk About Cocainegate (Right of Reply)
Nobody wanted to talk about cocaine at the EPO
The "Open Source" (Corporate Openwashing) Fake Community Rejects Democracy, Open Source Initiative is in Effect Dead
This is basically the end of the OSI
Cracks and Holes in Microsoft's Slop Bubble (Also, Windows is Declining)
"More Bad News For Xbox As Microsoft Blames Gaming For An Annual Decline In Its PC Business"
Microsoft's Debt Exploded by More Than 20 Billion Dollars This Past Year, Says Microsoft
Expect more mass layoffs
Strike at the EPO Today
Next month we'll start a new EPO series
State of the Slop and The Register MS Runs Ads as 'Articles'
Yesterday we could not find much slop about "Linux"
Gemini Links 30/01/2026: Announcing Crossyword and SYN Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 29, 2026
IRC logs for Thursday, January 29, 2026
Gemini Links 29/01/2026: Naps, Letting Go, and Terribly Cold Weather
Links for the day
Links 29/01/2026: Kennedy Center Officials Resigning and Amazon to Cut 16,000 Jobs
Links for the day
Goodbyes to Red Hat and IBM
PIPs let them do the same with less "wasted" on severance or with obscene narrative-shaping
The Need to Understand the Projection Tactics Against RMS
There's an old and common saying (or "wisdom") about who's guilty when there's a fart in elevators (lifts)
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026