Bonum Certa Men Certa

Lack of Independent Judiciary Under the Unitary Patent (Like Boards of Appeal Under Battistelli, in Defiance of the EPC) Will Possibly Kill the Unified Patent Court

Summary: Germany, a key player in UPC negotiations (most patents at stake), cannot proceed to ratification and Britain's expected exit from the European Union further restricts any progress

THE EPO hardly speaks about what happened in Germany. What happened there? Well, the UPC may be dead there. Earlier today or late last night Mathieu Klos (Juve) retweeted Thorsten Bausch (Hoffmann Eitle), who had published an important/exclusive article. He added: "UPC - und da ist sie wieder, die Brexit-Problematik. Komplexe Verfassungsbeschwerde. Urteil + Lösung erst nach Abschluss des Brexits?"



"They pretend, yet again, that the UPC is inevitable and everyone must prepare for it. Bristows is notorious for such bad character; they're patently dishonest."He speaks of the Brexit issue and the complex constitutional complaint in Germany. Judgment/solution, apparently, can only come after completion of Brexit (i.e. years from now). Unless we misunderstood what he and Thorsten Bausch meant to say...

The blog which published this is part of Team UPC. Those are UPC proponents.

What do UPC boosters say? Well, the EPO and Bristows (a Battistelli booster) speak of a so-called UPC "Guide [which] is currently only available in PDF format, but the EPO is working on providing an online version of the same."

They pretend, yet again, that the UPC is inevitable and everyone must prepare for it. Bristows is notorious for such bad character; they're patently dishonest.

Christopher Weber, a German booster of the UPC, moaned about "Attack on the #UPC on all levels. Everybody who thought limited attack on formal grounds = completely wrong..."

"The UPC is stuck on the table.""The UPC itself is an attack (on businesses, for law firms)," I told him, so "this is merely a defense."

He only responded with an irritated off-topic rant. These people have nothing but frustration.

The original article from Bausch said this:

The third alleged violation pertains to the perceived lack of an independent judiciary under the UPC. Perhaps (but this is my speculation based on Prof. Bross’ criticism to the EPO system) this is related to the fact that the judges are only appointed for six years, with a re-appointment being possible, but not guaranteed (Art. 4 UPC Statute).


"Excellent update," Richard Gillespie wrote in the comments, "many thanks for asking that question! The only thing to add is that as the UK triggered Article 50 on 29 March 2017 – my understanding is that if the UPC is not in place before 29 March 2019 (i.e. before the UK leaves the EU) the UPC will effectively be dead – the UK can no longer sign up at that point as it will no longer be a member state and as the UK is hardwired into the treaty renegotiation will be required."

"As Battistelli has just months left at the job, the UPC looks like another dying project, just like TPP when Obama left Office."Birgit Clark, a German based in the UK, said this: "Just to confirm that I contacted the court’s press officer who confirmed the content of the above blogpost to me today by email. Thorsten Bausch was simply quicker and took the initiative. All completely above board!"

She then received a rude response: "Dear Birgit, how about just keeping quiet until it was you who took the initiative and brought something forward in this matter, instead of first questioning the legitimacy of Dr Bausch’s post and then, after – of course – it got confirmed, quickly moving back in line, now trying to pretend that you had any meaningful stake in this? Just awful."

Suffice to say, the liars and cheats from Bristows also took the opportunity to meddle, having repeatedly written dismissive posts about this complaint (without even knowing what it was about!).

As we said before, we don't expect any major progress this year. The UPC is stuck on the table. As Battistelli has just months left at the job, the UPC looks like another dying project, just like TPP when Obama left Office. ⬆

Recent Techrights' Posts

Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part VIII - Misogyny Embedded; Like Firm, Like Clients
It's about back doors
Microsoft Can PIP Workers (Silent Layoffs) Until Almost Nobody is Left
Microsoft is gradually vanishing
Tech Labeled "Smart" Does Not Make People Smart
People who insist on making everything digital are not advancing progress
 
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026
Chaos Imminent at Red Hat (This Week)
IBM is 'finishing the job' an ex-IBMer (Ron Hovsepian) did at Novell.
The Cyber Show Says Truth Always Requires a Fight, a Struggle
"Truth-tellers always face struggle and run risk"
Maladministration at the EPO as a Crisis for the EU and for Portugal's Image in Europe
Some time soon we'll publish a long article about what EPO leadership means to Portugal
3 Years of UK Hosting
We commend the webhost for standing firm in the face of misogyny
Gemini Links 28/09/2026: Truncated Sleep, Plain Text, and Slop Problem Kept Out of Geminispace
Links for the day
Links 28/09/2026: "A Growing North Korea Problem" and Independent Journalism as a Lifeline
Links for the day
Links 28/09/2026: Microsoft Chatbot "Giving Extremely Specific Advice to a School Shooter on How to Maximize Casualties", ‘Suicidal Empathy’
Links for the day
Microsoft's Attacks on Courts in the Netherlands Result in GNU/Linux Growing to About 10% There
One core issue that justified this and led to this outcome is Microsoft's interference with the administration of justice
They Create the Conditions for People to Leave, This Way They Don't Call it "Layoffs"
We keep seeing many stories like these
Gemini Links 28/09/2026: Wildfire, DOS, and Backups
Links for the day
Brigading Against Women - Part VII - 'Trolling' Courts and Legal Systems in America and in the UK (Europe) Costs a Lot to Taxpayers
They only attend hearings after being arrested
European Patent Office (EPO) Series: The Portuguese Talent For Bureaucratic Empire Building
Portugal’s success in securing senior executive appointments at the EUIPO and the EPO is a notable example of how countries seek to strengthen their influence within European intergovernmental institutions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 27, 2026
IRC logs for Sunday, September 27, 2026
Gemini Links 27/09/2026: Writing Well, Productivity, and a Relaunch in Geminispace
Links for the day
Making This Site More Useful to More People
Search engines (as a concept) are under attack
Exposing Crimes of Americans (From the UK)
We must ensure UK prisons are never misused to punish/silence people who expose crimes in America
Spam and Chatbot Spam in Internet Relay Chat (IRC)
Maintaining one's own IRC network requires some housekeeping, but it's simpler than outsourcing to malicious companies
Search Engine of Techrights Improved for Better Signal-to-Noise Ratio
Our growing community needs more search facilities
Microsoft: We Love Layoffs, We Do Silent Layoffs, More Microsoft Projects/Teams/Studios Confirmed to be Shutting Down
XBox is dying. Piece by piece.
Brigading Against Women - Part VI - On Garrett and Lozza, Defamation, Attempts to Crack My Wife's Accounts, Social Engineering to Try to Take Sites Offline, Subscribing Us to Mountains of SPAM
tried swatting us
Links 27/09/2026: "Provost of Dartmouth Busted Using Hey Hi (AI) Slop for His Own Writing in Newspapers and Academic Journals" and "UK Government Enforcement Reform"
Links for the day
People and Sites Wish a Happy 43th Birthday to GNU (Today)
We've collected some examples
Dejan Panovski Outs linuxize.com as a Slopfarm, Another Site That Sold Out and Became LLM Garbage
From what we can gather, both images and text are slop
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DistroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DistroWatch page to make the illusion of popularity
Links 27/09/2026: Microsoft Fired People a Day After Promotion, "Fragility of Online Journalism"
Links for the day
Brigading Against Women - Part V - SWATTING, Extortion Against Webhosts, and Lawfare Under Sworn Oath (Perjury Also)
Matthew Garrett has no qualm about still collaborating with Lozza
20 Years Later
There's a strong anti-democracy movement brewing in many places
Gemini Links 27/09/2026: Telescopes/Gskyer, Writing for Writing's Sake, and Writing Tools
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 26, 2026
IRC logs for Saturday, September 26, 2026