Bonum Certa Men Certa

Consensus Around the High Likelihood That the Unitary Patent (UPC) is Dead and Backlash Against Deniers of It

Wouter Pors



Summary: Online discussions about the UPC have rapidly shifted to assume, quite correctly in fact, that the UPC is facing mortal danger from which it may never recover

THE EPO was almost single-handedly destroyed by a terror-inflicting tyrant who was in charge for seven years. He tried hard, in vain, to 'reform' the Office and instead he broke everything. He even broke the governance of the entire Organisation, thanks in part to a Dane who has just joined the private sector.



The excuse the EPO likes to use for these chaotic changes is the UPC. "The final countdown," however -- as a reader just put it -- looks not like a countdown for the UPC but for Battistelli's departure. He was an utter failure and a disgrace who will be mentioned in the corridors for decades to come. "In addition to the Luther's 95 theses," the reader continued, "here are some personal considerations about EPO matters [notably] UPC."

To quote:

you don't need to worry, the UPC will never happen. Apart from legal issues linked to Brexit and the possible constitutional deficiencies in Germany, the UPC will not happen because Germany doesn't want it to happen and will never ratify. You need to deeply understand the German mind to apprehend what is going on in Germany about this. Basically the EPC system, with search and examination/opposition, was copied from or based on the German intellectual property system (DPA). A system that had contributed to the success of German SME. The same cannot be said about the French patent system which were granted SGDG - sans garantie du gouvernement, that is without any governmental guaranty. Valid patents are valuable to German industrials. Now consider that last elections in Germany with a massive entry of the right extremist party AfD in the assembly. What does all this means? It is a serious warning that the Germans are not willing to transfer more power to a supranational institution, the EU. I suppose Ms. Merkel has understood the signals and is willing to send the UPC ad patres. I see another typical German behaviour in the way these matter are dealt with. Germans like Japanese don't like to say no, it is undiplomatic. They say "may be" even if they think it is a " no" and they prefer to let others do the dirty job. In this case for instance the Brits with Brexit should have killed the UPC not the Germans. As a safeguard a constitutional appeal and a lengthy procedure are the keys to the failure of the UPC. And Germany would say UPC didn't happen leider.


The death of the UPC has become common knowledge. Even insiders dare say so. Days ago we started a #upcIsDead hashtag and earlier today even IAM, previously paid to promote the UPC, almost admitted this too. It said that "UPC falters" (to quote today's headline).

This is as real as it gets. To quote the blog post:

These days one could be forgiven for questioning the significance of the European Commission’s ongoing public consultation on the potential creation of a single, EU-wide supplementary protection certificate (SPC). First proposed in late 2015, the consultation was initially intended to clear up the last remaining problems with a unitary patent regime whose arrival was regarded as imminent. However, the emergence of serious threats to the proposed Unified Patent Court regime mean that the SPC question may now be purely hypothetical.

The Commission is seeking comments on whether a unitary SPC should be created to accompany Europe’s new patent system – a question left unanswered by the Unitary Patent Court agreement. In its Single Market Strategy communication of October 2015, the Commission identified this question as one of the few issues left to be resolved in establishing the UPC.

[...]

The more pressing question now, though, is not what the EU Commission’s policy on SPCs will be, but whether the whole issue has been made irrelevant by recent developments in the UK and Germany. Put simply, the significance of the consultation has changed. No longer the means to providing the final piece to the UPC puzzle, it has become part of background efforts to keep the show on the road while more decisive issues play out elsewhere.



"Everything back to normal," said a reader about Kluwer Patent Blog, or so "it seems." This reader wanted to draw our attention to this older post from Kluwer Patent Blog, saying quite correctly, "you appear to have missed this new piece."

Yes, we did miss that. This blog keeps publishing for firms like Bristows (as recently as days ago), so we typically don't watch it closely, but days ago Wouter Pors (whose UPC propaganda we criticised before [1, 2]) did exactly what is takes to reinforce our perception of him. He has come up with an attack/discreditisation plan which focuses on the messenger in the complaint. He blames attorneys or "fearful lawyers" who merely "have a theoretical interest".

Apropos, another UPC booster has just said: "The non-official German Bar Association wants to establish Germany as an international litigation venue after #Brexit. Germany is, of course, already a very important venue for international #patent #litigation."

For them, it's all about money through increased litigation. We know at whose expense/cost.

The post from Pors is a pleasure to read just because of the comments, of which they are plenty. He did ad hominem and it bounces back at him. "Reading this," one person said, "it seems that Mr Pors has meanwhile found out what an ad hominem attack is and how to put it in practice."

"As a “critic” of the UPC," said another person, "I have to say that I find the general tone of Mr Pors’ comments to be unpleasant, verging on ignorant."

Also: "I found this an interesting read in the sense that I saw only old arguments, which have already been countered, repeated and referred to, but no countering the counterarguments. It also showed me how making propaganda works by repetition of the same arguments over and over again."

Here's "UPC is dead," echoing what we've been saying for a while. To quote: "Even smart people seem to slowly understand that the UPC is dead, which makes them somehow loose countenance."

Another example among many: "The supporters of the constitutional complaint should welcome unreflected statements like those by Mr Pors as they facilitate presenting him and his ilk to the court as what they are: Self-centered and arrogant opportunists willing to sacrifice almost anything, in particular truth and decency, and to take any view if only it helps serving their agenda, which is filling their coffers in the UPC system of their design. It would be fun seeing similiar interviews with Mr Mooney, Mr Hoyng or Mr Tilmann and see how they rid themselves of the last little bit of credibility they still have left, just as Mr Pors has done here."

Just about every comment there antagonises the UPC. MaxDrei wrote:

How? By lobbying Brussels with their “40 years of failure” mantra. What a travesty! Look at the EPO White Book of the established caselaw of the EPO’s DG3. For me, (and I started in the profession long before 1978), this is not failure but “40 years of Brilliant Success”.

Meanwhile, Berlin (and Karlsruhe) has just woken up to the cunning French plan to strip Germany of its leading role in patent litigation and ship it all, instead, to Paris. How else to understand the Constitutional challenge to the UPC in Germany?


It is good to see the consensus shifting against the UPC's chances and desirability (lack thereof). Stick a fork in it. It's done.

Recent Techrights' Posts

Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
 
The EPO's War on Techrights Was a Massive Mistake
The EPO started the SLAPPs after we had published a few hundreds of articles; we've since then published close to 6,000 because the attacks on us emboldened insiders to help us
General-Purpose Computers to Become Growing Area of Coverage
Without them, we have little left for controlling our lives
"They missed a great opportunity to shut up." -Jacques Chirac
Brett Wilson LLP has been trying to cheat the legal system many times
Harassment evidence: Switzerland, overcrowded fitness and yoga centers, incompetence and racism in accident response
Reprinted with permission from Daniel Pocock
Vincent Danjean & Debian NXIVM collateral, blackmail risks
Reprinted with permission from Daniel Pocock
In Sweden This Past Friday Richard Stallman Explained Why Copyleft is Important
And he didn't have to 'bash' BSDs, either
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025