Bonum Certa Men Certa

UPC Hopefuls (Litigation Firms) Come to Life Amid Unitary Patent EPO Text, But Nothing New to See Here

I want to believeSummary: The UPC lobby (patent law firms) wakes up and the media props up the illusion of UPC progress, owing to nothing more than an EPO report/guidance that is oddly-timed and totally inadequate (makes false assumptions)

THE EPO's release/announcement of the PDF yesterday morning, combined with various other factors, would have us believe there's some kind of progress. But there's none. It's merely an illusion. Benoît Battistelli is leaving in 9 months, his protector leaves in one month, and Germany might not be able to do anything until next year (if ever). As for the UK, there's this new publication about the "UK patent system", published yesterday by the UK-IPO. Managing IP's pro-UPC front has already spun this as some kind of thing about the UPC. But it's not. "Timely report by @The_IPO," it wrote, "3 main UPC states compared. Majority UK patents via @EPOorg. UK legal costs higher but ok..."



"They're just blowing wind into the sails using their bare mouths."When they say "UPC states" they just mean EU states. Putting aside all that propaganda, there's nothing to see here. They're just blowing wind into the sails using their bare mouths. Also yesterday there was this tweet from Dr. Luke McDonagh, linking to this report from yesterday and adding: "UK retreat from CJEU pledge leaves possibility that UK Unified Patent Court division could stay (if UPC goes ahead)..."

As I've told him (publicly), "the article says nothing about the UPC (which is dead for reasons other than the UK)."

Why this obsession with the UPC and why are particular Brits trying to interject the UPC into things that have nothing to do with it? CJEU's post-Brexit status is still an unknown, as it always was.

It did not take long for UPC booster Darren Smyth‏ to engage McDonagh with tweets like: "Some of us (controversially) considered that the political pledge re CJEU never extended to the UPC as not a UK court but international [...] Just remembered, I even wrote a blogpost about it" (that was before UPC was in a limbo again).

"Why this obsession with the UPC and why are particular Brits trying to interject the UPC into things that have nothing to do with it?"So basically, nothing has changed except a bunch of UPC proponents (for their own selfish interests) harping/raving about it. Regarding the UPC's status in Germany and the EPO's report, there were lots of puff pieces about it yesterday. These sometimes reused photos from an event that EPO had wasted 3 millions euros on (for one afternoon!), paying so-called 'reporters' (PR generators) in the process. This new puff piece (propotional headline, too), which helps glorify Battistelli, makes one wonder about the motivations. "Even as Europe’s ambitious plan to introduce a single patent system still hangs in the balance," it says, "the European Patent Office (EPO) released on August 18, 2017 a Unitary Patent Guide, which outlines procedures for inventors and proprietors interested in registering a patent under the new system."

Here is the part about the UK and Germany: "Mired in the Brexit conundrum, the UK said in November 2016 that it is “proceeding with preparations to ratify the UPCA” (although once Brexit is fully implemented, the UK will also exit its membership in the EU, which will introduce a new layer of complication). Meanwhile, Germany put on hold its vote on the UPCA in June 2017 on questions raised about its constitutionality."

WIPR wrote about that too yesterday. It said that "Germany and the UK both need to ratify the UPC Agreement before the project can become a reality."

"Suffice to say, Team UPC and Team Battistelli pretend that the UPC is inevitable even though it's likely quite stuck/already dead due to various issues, including corruption."It's very likely that neither will happen, for reasons we explained here before.

Suffice to say, Team UPC and Team Battistelli pretend that the UPC is inevitable even though it's likely quite stuck/already dead due to various issues, including corruption.

One decent article that we saw about the UPC yesterday came from a British site for lawyers. It cites/quoted a Munich-based patent law expert Dr. Michael Schneider of Pinsent Masons. Here are some portions:

Schneider said: "There are apparently four grounds to the complaint, which each raise a question over whether the proposed reforms align with Germany's constitution. The constitution regulates the basis for Germany's participation in, and the internal workings concerned with, the transfer of powers to the EU. It also sets out the fundamental elements of the constitution, such as the democratic legitimacy and judicial rights, for example, which have to be safeguarded in such transfer."

"If viewed from this angle, as the complainant apparently advocates, in essence it requires that any transfer of sovereign rights from Germany's judiciary to another organisation – in this case the transfer of patent litigation powers to the UPC – has to approved by a certain quorum and majority of votes in parliament. The late night vote in the Bundestag which passed the UPC laws would call into question whether there was the required quorum to pass the legislation," he said.

"If this was the only basis of the legal challenge then it would be possible to foresee a straightforward solution whereby the legislation could be reintroduced before the Bundestag and Bundesrat after the September elections to achieve the two-thirds majority of votes needed to pass the thresholds for compliance with the constitution, but there are two further grounds of complaint that have been raised," Schneider said.


It can take another 4 months for a decision to come, i.e. it can come no sooner than 2018. By that point, Brexit negotiations will have likely progressed to the point where, even if the court deems UPC to be constitutional, Germany won't ratify because Britain has no intention to do so. They'd need to rewrite the whole thing with the UK removed from the text, then ratify in dozens of countries all over again. By then? No more Battistelli, probably no more work for the EPO either (mass redundancies/layoffs). ⬆

Recent Techrights' Posts

European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
 
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026