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

EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
Criminalising Opposition to Fraud
slop causes social issues
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock
Gemini Links 24/09/2026: Laziness, Outdoor Seating, "AngelNova’s Interview Malware and Its North Korea Connection"
Links for the day
Links 24/09/2026: Slop "Linked to Disturbing Culture of Sexual Assault"; "Zelensky Warns Russia’s War Will Expand if It Is Not Ended Soon"
Links for the day
Winding-up petition served on Reform UK Party Limited (Nigel Farage)
Reprinted with permission from Daniel Pocock
Appliances Should be Dumb
Any "Smart Home Appliance" is basically a thing that does not last long, does not work as advertised, and is generally unfit for purpose
SLAPP Censorship - Part 198 Out of 200: It Sounds Like Garrett is Now Sending People to Silence Critics (Including His Own Spouse)
This week Garrett is having a somewhat karmic experience
Links 24/09/2026: Slop Contaminating KDE, Slop-Focused Data Centres Have Severe Environmental Impact
Links for the day
SLAPP Censorship - Part 197 Out of 200: Garrett Became So Poor That He Wants Others (in Another Continent) to Pay for His Own Legal Work Being Faulty
They lie to courts
The Register MS Has Become a Slopfest
This is the behaviour of a perishing publisher
Gemini Links 24/09/2026: Requiem for a Season, Philosophy, Rube-Goldberg Machine, ROOPHLOCH 2026, and Git over Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 23, 2026
IRC logs for Wednesday, September 23, 2026
IBM Grapevine: Development Outsourced to LLM Slop and It Results in Many Bugs
IBM is circling down the drain and every insider knows it
Microsoft Gives Many People the 'Booty' This Week, Not Counting PIPs (Silent Layoffs and 'Voluntary' Layoffs)
Microsoft PIPs allegedly target "20-25% in some teams."
Nearly 1,000 People at EPO 'Met' to Plan Further Strikes and Impending Action to Dethrone Corrupt Leadership
Exploring the purchasing "power" of EPO leadership (buying elections while doing cocaine in public)
Links 23/09/2026: Pax Silica Hub Ruins a Country for a Pyramid Scheme (Slop), Convicted Felon's Press Block Resembles Iran, Russia, China
Links for the day
Gemini Links 23/09/2026: Stuck, Gambling, Fury Road, IPFS, and More
Links for the day
The Register Got Paid Today to Spew Out "AI" Almost 50 Times (Keeping the Pyramid Scheme Buzzing in Headlines)
paid-for spam
SLAPP Censorship - Part 196 Out of 200: Sending Someone to Our Doorstep to Ship Approximately 5 KG of Legal Papers (Instead of to Our Representatives)
it is not about law, this is lawfare
IBM's Anderon Already Smells Like a Fraud and IBM Insiders Heckle the Lies From the Management
Sabine Hossenfelder recently made some videos which explain in simple terms why IBM is lying and has already lied about this for years
Links 23/09/2026: Mass-Surveillance by Clownflare and "Data Centre" Crunch Commences
Links for the day
Same Name/Brand, Not the Same Project/Product
What is Linux becoming?
Germany, Like Switzerland, Will Dump Microsoft's Proprietary Software and Disservices, Then Dump Windows for GNU/Linux
This impacts not only the Windows revenue; this corrodes any "rents" Microsoft was getting from "subscriptions"
3 Years Divorced From Americans
Next year we plan to pursue the UK's Court of Appeal
The Register MS Uses Slop About Slop (in Images)
Months ago we caught The Register MS using slop for text as well
There Are Likely Over a Thousand Internet Relay Chat (IRC) Networks Online, Net Gain of 16 Seen This Month by Andreas Gelhausen's netsplit.de
It's good that they're still tracking that sort of stuff
SLAPP Censorship - Part 195 Out of 200: Two Years Since Garrett, Graveley and Lozza Worked in Parallel to Censor Techrights
It began in September 2024, shortly after we had sued Garrett
Linux Kernel Becoming a Slopfest - Part 8 - In Conclusion
this can invite more SCO-like problems in the future
Microsoft Shuts Down More Studios, Morale Low, More Mass Layoffs Ahead of Reports
They pretend it's not happening or that it's a lot smaller than it actually is
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 22, 2026
IRC logs for Tuesday, September 22, 2026
Gemini Links 23/09/2026: Ljubljana, Poetry, and FORTRAN
Links for the day