Bonum Certa Men Certa

IP Kat Missing in Action as Unitary Patent (UPC) Rots

Summary: The near silence (or occasional whisper) regarding the UPC isn't just quaint; it's a true testament to the fact that even the biggest cheerleaders of the UPC (litigation 'industry') accept impasse, or a total loss of momentum

THE EPO has said almost nothing; it just dumped a PDF that says nothing at all about the barriers to UPC. So did many UPC boosters' blogs. They used to shout from rooftops with UPC (fake) 'news', but why not now? Not convenient?



As we noted the other day, the UPC is crumbling, yet almost nobody reports it. Yesterday, someone posted this comment to say:

Have the Kats been caught napping on the job? It has been almost two weeks now since potentially "bombshell" information was made public regarding the grounds of the constitutional complaint in Germany:

http://patentblog.kluweriplaw.com/2017/08/16/upc-finally-some-news-from-the-german-federal-constitutional-court/

Depending upon one's viewpoint, this could spell the end of the UPC as we know it. This alone is surely enough to justify a few mewsings on this development... or has the cat got all of the Kats' collective tongues?


The Kats are not "napping on the job" but merely ignoring inconvenient facts; this comment rightly notes that IP Kat should be covering this, but it's now dominated by CIPA and Bristows, so it ignored omission of UPC from British Parliamentary agenda (more than a month ago). Now it's the same regarding Germany. What about Bristows? Well, their lobbying blog, which is full of half truths, lies, and sometimes gross bias by omission, wrote almost nothing lately. Shortly after we pointed this out (early yesterday) Bristows suddenly spoke of Lithuania, showing that these people have nothing important to say about the UPC (which is stuck in nations with the lion's share of EPs).

Sometimes silence says a lot more than nothing at all. The UPC is likely broken beyond repair. Without a major rewrite it won't be going anywhere any time soon (if ever).

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