Bonum Certa Men Certa

The Unified Patent Court (UPC) is Rotting Like the European Patent Office

A system which would work only for parasites

Unified Patent Court parasites



Summary: The Unitary Patent litigation pipe dreams (or prosecution/trolling fast lane), which Battistelli's EPO long relied on, turn out to be the road to nowhere

THE purpose of patent offices is to assess the eligibility of applicants' inventions and decide whether to grant a monopoly on some device or compound (usually not just a mere idea). The purpose of patents isn't just to cushion the litigation 'industry'. Everyone knows that.



"The purpose of patents isn't just to cushion the litigation 'industry'."A few days ago a popular US-based blog wrote about patent trial misconduct in the US. We have been covering many examples like this; it's a timely reminder to those who have blind faith in patent justice. Sometimes only the lawyers win (legal fees). Another failed patent lawsuit in Germany was also reported just before the weekend [1, 2]. It turns out there was no infringement and moreover:

Although ResMed's products do not infringe, ResMed will continue its challenge of the validity of the German utility model before the German Patent and Trademark Office (GPTO).


Will GPTO and EPO take note? Don't let patent 'SLAPP' like the above happen. Don't allow spurious litigation, irrespective of the eligibility of a patent (which is still a subject of controversy here). Germany is already being flooded with nuisance (or 'SLAPP') litigation and the UPC promised to make things even worse for a lot of companies. SMEs would be hurt the most (cost of litigation).

Thankfully, the UPC is stuck. Just before the weekend, in fact, Mark Engelman published this article (behind paywall) titled, "Is the door closing on the Unified Patent?"

From what's not behind paywall:

A cloud continues to loom over the implementation of the Unified Patent Convention...


Engelman must be one among many who now realise that timing matters (momentum) and time is running out.

Two days ago this Team UPC blog bemoaned the situation in Ireland. To quote the conclusion/concluding part:

Ireland is one of the few member states of the UP system where a referendum is held as part of the ratification formalities. In Denmark a referendum was held on 25 May 2014. 62.5% of the Danish voters approved joining the UPC. So far, 14 member states have ratified the UPCA. If the UK and Germany ratify as well, the system will start. The UK may complete the ratification process later this year, but in Germany this depends on the decision of the Federal Constitutional Court about the complaint that has been filed against ratification.


It links to this article from the Irish media; it says that the "referendums on the establishment of a Unified Patent Court" have been canceled. Rightly so in fact, for the UPC is a dead project. Here is the relevant bit:

There are a number of referendums omitted from the list.

These include the promised referendums on the establishment of a Unified Patent Court, changes to how the Ceann Comhairle is elected and also a vote on the public ownership of Irish Water.


It is worth noting that the above Team UPC blog no longer names the authors like it used to. Notice how a lot of pro-UPC lobbying is nowadays being published anonymously by UPC boosters. Unitary Patent lies (expectations/predictions that repeatedly turn out to be false) make them look bad. Bristows has said nothing about the subject for weeks (which is very atypical). The above post was promoted by UPC proponents who have dedicated accounts for this purpose, e.g. "UPCtracker" (they're still hoping), but with no English-speaking countries in the UPC there will be no Unitary Patent (because English is an official language). Expect not much to happen on this front any time before next year.

Recent Techrights' Posts

Secret Layoffs at Microsoft, Apparently More Sites Will Shut Down Entirely
vindicates us and serves to affirm what we've said for over a month
SLAPP Censorship - Part 156 Out of 200: Brett Wilson LLP Becoming Wilson FC
Now acting almost like one-person shop (lots of staff has fled this past year)
 
North America: GNU/Linux Measured at 13%-15% Every Night
many (north) Americans use GNU/Linux at home and are using it to access the Web in the small hours of the morning
Links 21/08/2026: "Silicon Valley’s Billionaire Cults Are Coming for Democracy" and "Who’s Raking it in as the National Debt Explodes?"
Links for the day
SLAPP Censorship - Part 157 Out of 200: What is a 'Defamation Troll'?
"Defamation Mill" also
Northern Europe Leads the Pack in Abandoning Windows After Threats Made to Greenland (Says Clownflare Data)
Clownflare has a vast trove of data, so it cannot be easily dismissed as pure nonsense
Clownflare: In Past 12 Months Microsoft Windows Fell From ~80% to ~75% on Desktops/Laptops in Asia
Microsoft is deep in debt
The State of Slopfarms About "Linux" in August 2026
The Web needs serious cleanup, which curation can help deliver
IBM Offers Workers Some Money to Fire Themselves, It's Called "Next Step" and It's Allegedly 'Extended' (Not Enough Fools Have Fired Themselves)
Will IBM executives - including the CEO - ever be held accountable?
£5 Million Unsolicited/Undisclosed Bribes and What That Means to British Politics
It still remains unknown (disclosure denied) who helps fund the £1 million lawfare against us
[Satire] Pocock, Binface & nobodies vs Farage: defamation before UK High Court
Reprinted with permission from Daniel Pocock
The IBM Censorship Team, PIPs (Silent Layoffs) in IBM Europe
There seem to be many de facto layoffs going on at IBM right there
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 20, 2026
IRC logs for Thursday, August 20, 2026
Gemini Links 21/08/2026: "Ensmallening the BigWeb", "Rust Dependencies"
Links for the day
Links 20/08/2026: 'Linux' Foundation Promoting Slop Hype for Money (Hype as a Service), Malaysia’s Exports Jump 38% Year-on-Year
Links for the day
Gemini Links 20/08/2026: A "Break From Routine" and "Modem Was the Problem"
Links for the day
Clownflare Reckons GNU/Linux is on Almost 1 in 10 Laptops/Desktops in Western Europe
Western Europe and China are leaving more of GAFAM behind them
Looking Ahead at September
Rianne and I look forward to a productive September
Links 20/08/2026: Facebook "Ran Ads for an App That Promised to Nudify Female Politicians" and Facebook Faces "Social [Control] Media Addiction Trial"
Links for the day
Clownflare Sees GNU/Linux at 16% Market Share on Desktops/Laptops in Tajikistan
in Tajikistan it seems like adoption of GNU/Linux is exceptionally high, based on a very large data set associated with Web access
The Demise of Social Control Media Continues
Entering (anew) social control media in 2026 seems foolish
SLAPP Censorship - Part 155 Out of 200: Throwing Stones in Houses Made of Glass
character-assassination-as-a-service
Gemini Links 20/08/2026: Planners, Pantsing, Vinylyssee
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 19, 2026
IRC logs for Wednesday, August 19, 2026
Gemini Links 19/08/2026: "Big Boost in Autonomy" and "Answer of E-Mail"
Links for the day
Firefox in Trouble in the US, Down to Lowest Level in 20+ Years
more sites will stop or intentionally neglect Firefox support
Clownflare: More Than 1 in 5 Laptops or Desktops in El Salvador Run GNU/Linux or ChromeOS
Clownflare Radar reckons it's more like 20%+ now
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
Omarchy is Already Dying
Same as the life cycle of slopfarms
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day