Bonum Certa Men Certa

German Barrier to the Unitary Patent (UPC) is Bound to Bring the Insidious Plans to a Halt

This isn't how Team UPC predicted it would go down...

German and English UPC



Summary: With two of the largest economies in Europe unable to ratify the UPC (oopsie), doubts about the Unified Patent Court (UPC) grow and it's not clear if it will ever become a reality at all (anywhere)

THE British general election was bound to cause a disaster to the UPC and it definitely was, as we explained yesterday. Now it's Germany's turn to deal a death blow, bearing in mind that Germany cannot press on without the UK (as the UPC in its current form is highly if not strictly dependent on the UK).



Some time ago we took note of Constitutional issues regarding the UPC, specifically but not only in Germany. Benjamin Henrion has in fact stressed this many times before. As for Germans, they don't want the UPC; heck, many of them barely tolerate the EPO and days ago there was a protest against the EPO for granting patents on seeds (photos from the protest in Germany have just been uploaded).

"...British general election was bound to cause a disaster to the UPC and it definitely was, as we explained yesterday."The latest development we first became aware of thanks to Eleonora Rosati, who wrote a couple of quick tweets [1, 2] linking to this report from Germany. "Major news," it stated, "German Federal Constitutional Court stops Unitary Patent..."

"So I was right all along," I told her, "wasn't I? Unlike Bristows, the liars..."

She happens to write in the same blog as those liars (IP Kat), but she should not be held accountable for Bristows' record of never-ending lies, including about Germany.

IP Kat tweeted about this and later on Mark Schweizer, whom we trust, wrote a quick blog post about it. Jane Mutimear quickly commented to say: "Our understanding is that this is an agreement by the Office of the President to suspend ratification pending the Court's determination of the issue in the ongoing expedited proceedings before it. The Court has not yet reached a decision."

"Now it's Germany's turn to deal a death blow, bearing in mind that Germany cannot press on without the UK (as the UPC in its current form is highly if not strictly dependent on the UK)."This is an important clarification and the subject of an ongoing conversation there. Here is Tom Mitcheson explaining [1, 2]: “Federal Constitutional Court (BVerfG) has asked Federal President not to pass the laws already approved by Bundestag and Bundesrat. Karlsruhe was advocated, because a hitherto unknown private person had brought constitutional complaint.”

Some EPO insiders told us about the seminal article, "BVerfG stoppt EU-Patent," and others clarified the meaning: "Asked the president not to sign it yet - not quite stopped."

Well, it's certainly a barrier nonetheless and Battistelli is running out of time (see the latest report from Heise). "They cannot go ahead without the UK anyway," I replied, "and it's in shambles here." (politically)

Henrion then weighed in and EPO insiders replied with: "Not yet, it's postponed" (technically yes, but this could be a mortal blow).

"Some time ago we took note of Constitutional issues regarding the UPC, specifically but not only in Germany."The outcome now depends on what we do about it, always in the face of many lies from the likes of Bristows and politicians they mislead so as to get papers mindlessly signed.

"They postponed the decision," the insider continued, "but in the end they will not go on with it..."

"Yes," I responded, "they are losing momentum. The morale games are being played cleverly by CIPA (now INSIDE IP Kat), Bristows etc."

CIPA's 'infiltration' into IP Kat is a subject we'll cover separately, hopefully later tonight.

"The outcome now depends on what we do about it, always in the face of many lies from the likes of Bristows and politicians they mislead so as to get papers mindlessly signed."Axel Horns wrote: "[In English] Tomorrow F.A.Z will run a report saying that German Constitutional Court may object to #UPC, asking Steinmeier not to sign..."

"Let's wait and see if the FAZ tells us what the case is based on," someone responded to him after had he reminded folks of Siegfried Broß's opposition to the UPC: "Within this context, see also http://kluwerpatentblog.com/2017/05/25/rule-law-epo-ugly-writing-wall/?platform=hootsuite&print=pdf … #Bross #EPC"

Hendrik Wieduwilt ‏also mentioned the upcoming FAZ report: "EXKLUSIV: @BVerfG stoppt einheitliches EU-Patent; Karlsruhe hat BuPräsidenten gebeten, Gesetze nicht zu unterschreiben. Morgen in "FAZ"."

"Anyone in Germany can file such a complaint -- a move that we strongly encourage."Not even Dr. Luke McDonagh‏ overlooked such a major event.

"I guess Ingve filed a constitutional complaint," Henrion privately told me, adding that he is "looking to file one as well..."

Anyone in Germany can file such a complaint -- a move that we strongly encourage. It's easier for German residents to do so.

EPO staff whom we heard from is generally happy about the news. They know that the demise of the UPC may mean the exit of Battistelli and reversal of at least some of his controversial proposals, which clearly contravene the EPC.

Recent Techrights' Posts

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?
 
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