Bonum Certa Men Certa

Big Blow for the Unitary Patent (UPC) as Even Patent Professionals Say “It's Dead”

German and English UPC



Summary: Issues for the UPC have become too much for momentum to be gained anywhere across Europe, resulting in decay and perhaps abandonment

THE EPO NO longer speaks about the UPC. It has not said anything about 2 months of additional delays, knowing that it quite likely dooms the UPC as a whole (not just in the UK).



"The UPC won't go anywhere from here. It's too late and Battistelli is leaving."Don't ask Team UPC about it. It's an echo chamber where everyone is lying to everybody else; they tell each other what they want to believe rather than what is true.

Earlier this week WIPR wrote about the latest development; the article is quoting only the microcosm, not UPC opponents or any businesses (i.e. echo chamber, as usual). Here is the background to it all:

The German Constitutional Court (Bundesverfassungsgericht) has extended the comment period on the credibility of a challenge to the Unified Patent Court (UPC).

In June, the court announced it was delaying the ratification of the UPC Agreement because of a constitutional complaint brought by an individual.

According to German news site Juve, Düsseldorf-based attorney Ingve Stjerna filed the complaint.


Dr. Alex Robinson wrote about it as well. He has a stake in it and he explained that a "delay until 2019 or 2020 now looks likely, assuming that the BVerfG ultimately gives the UPC Agreement the OK..." (which is their best case scenario). To quote's Robinson's post:

After expiry of the deadline, the BVerfG will first of all decide whether the complaint is admissible. If the complaint is deemed admissible, a decision on the merits will follow. No firm timetable is known yet, but a decision on admissibility is expected in early 2018. If the case is admitted, a decision on the merits is unlikely before the second half of 2018 at the earliest. Given that some of the grounds of complaint include an allegation that the Agreement is contrary to European law, a referral to the ECJ for a preliminary ruling on points of European law cannot be ruled out. If this takes place, a delay until 2019 or even 2020 for the final decision might be expected.



"In other words, post-Brexit," Dr. Luke McDonagh remarked it.

The UPC won't go anywhere from here. It's too late and Battistelli is leaving.

"It's pretty astounding what Team UPC firms got away with. They manipulated the media, politicians, and even their paying clients. Now they have neither credibility nor UPC."David Pearce (better known as "Tufty the Cat" from back in his IP Kat days) has just said the UPC is "dead".

He said similar things before.

Robinson just refuses to accept this; he responded with "UK participation, at least, seems less likely by the day. And even if it goes ahead, without UK in European firms are questioning value [...] Don't want to prejudge merits of case. But a long delay seems assured, at least."

Just say it: the Unitary Patent is stuck and likely forgotten about. Good riddance. It was an affront to society. We wrote literally hundreds of articles about it. It's pretty astounding what Team UPC firms got away with. They manipulated the media, politicians, and even their paying clients. Now they have neither credibility nor UPC.

Recent Techrights' Posts

Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Another Wave of Microsoft Layoffs Comes Shortly. Microsoft Propaganda Sites and Slopforms Powered by Microsoft LLMs Already Spew Out Face-Saving Nonsense.
Based on last month's leak, some very extensive layoffs are now imminent [...] Perhaps we can expect a lot of noise, some of it spewed out by bots, to distract from or belittle the impending mass layoffs
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
 
People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025
Microsoft Finally Admits That XBox is ****
In this case, "enshittification" is an understatement
Slopwatch: Microsoft Slop, Anti-Linux Slop, and IBM Marketing Itself as a Slop Company
Microsoft-controlled LLM spewing out garbage about "Linux"
Links 06/05/2025: Microsoft's Assassination of Skype After Years of Failure, Slop Hallucinations Are Getting Worse
Links for the day
Links 06/05/2025: Changing Places and StarGrid for PalmOS
Links for the day
Windows and Microsoft Causing Serious Data Breaches, Media Rushes to Blame That on "Linux" Somehow
While selling us some rusty old propaganda about how moving to Microsoft GitHub (Rust) will improve security
Making Site Archives More Easily Accessible (Approaching 50,000 Blog Posts)
Efforts to censor us have always backfired badly
Weaponisation of For-Profit Dockets - Part II: Hiding Behind Lawyers and Barristers Who Lack Standards so as to Engage in Classic Corporate Extortion
They're trying to scare people and they misuse their licence to operate
Links 06/05/2025: LLMs/Chatbots Attract More Scrutiny (Getting Worse Over Time), PwC Has Many Layoffs
Links for the day
Thanks for listening. How can this Morse feed be further improved?
Right now any and all feedback on the audio would be helpful
statCounter: Bing's Market Share Lower Right Now Than It Was When LLM Hype Began (With "Bing Chat")
If anybody gains at Google's expense in search, it is BRICS' alternatives such as Yandex
Gemini Links 06/05/2025: Failure and Proxmox Cluster
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 05, 2025
IRC logs for Monday, May 05, 2025
Weaponisation of For-Profit Dockets - Part I: Hiding Behind Lawyers (or Guns for Hire) After Abusing Many People and Even Strangling Women While Microsoft Paid Salaries
This whole thing is very typical of the Microsoft and Bill Gates mindset
From EPO to "MAGA Regime": A Shift Away From Reality to Fake News and False Metrics
Disbelief in itself isn't a bad thing; but the problem is that people are taught to believe rich people in suits more than they believe others
Skype is Officially Dead Today and This is Why People Should Use Free Software Instead (Goodbye, Microsoft)
It's also a good reminder of why people should move to GNU/Linux
'Simple Articles' in MyGemini Just One of Many New 'Sites' in Geminispace
Geminispace has grown fast lately; it's turning 6 next month
Links 05/05/2025: TikTok Still a Romanian Woe/Foe, Signal Perils Showing
Links for the day
Gemini Links 05/05/2025: Debian and GNOME and a "Welcome to Simple Articles"
Links for the day
Links 05/05/2025: US Economy Shrinks, US Presidency Spreading Deepfakes
Links for the day
Links 05/05/2025: Breaches, Environment, and Conflicts
Links for the day
SUSE the Company Now Uses LLM Slop to 'Write' Its Blog, What Does That Tell Us About SUSE?
There are many giveaways
Richard Stallman is in Alicante Today to Give a Talk, Czech Republic in Two Days (Wednesday)
Of course he can deliver the talk in Spanish
Gemini Links 05/05/2025: XL Bullies and Luddites
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 04, 2025
IRC logs for Sunday, May 04, 2025