Bonum Certa Men Certa

The Latest Lies About Unitary Patent (UPC) and the EPO

CIPA meeting with Stephen Jones



Summary: Lobbying defies facts; we are once again seeing some easily-debunked talking points from those who stand to benefit from the UPC and mass litigation

TEAM BATTISTELLI will be watching the UK today. The EPO's management doesn't care about the EPO. It just wants the UPC. There's a discussion among some patent attorneys right now about whether the EPO tries to make the UPC more attractive than the EPO/EPC. What would that say about Battistelli? Some EPO insiders believe, based on internal rumours, that he wishes to continue his reign of terror under the umbrella of "UPC" (or whatever they try to call it next).

Last night at around midnight (yes, midnight!) the anonymous “Kluwer Patent Blogger” (probably just Bristows LLP hiding its identity while it publicly lies or distorts facts about UPC) posted some more fake news about the UPC's fake job advertisements, which in our view aren't just unethical but should be dealt with as serious offenses (people invited to job interviews for jobs that will never exist). Bristows folks, i.e. the firm and also its staff, continue to show what a disgrace they are. They also spread some other fake news earlier this week. They just can't help themselves.

Bristows is pretty radical even by Team UPC standards (however low these standards may already be). UPCtracker has just recalled: "From Boris Johnson‘s Valentine’s Day speech : „And as the PM has said repeatedly, we must take back control of our laws. It would obviously be absurd, as Theresa May said in her Lancaster House and Florence speeches [...] (1/2)" (there's more there)

Thorsten Bausch‏ continued: "...such as the UPCA?"

Yes, obviously.

Even Alexander Esslinger‏, whose blog we mentioned yesterday, said: "I do not expect that the #UPC (if it enters into force) will significantly reduce the workload of the EPO BoA. 1. If an EP patent application is rejected, the UPC is of no help. 2.Oppositions are much cheaper than invalidity lawsuits under the UPC."

Again, obviously.

It's worth noting that none of the above (even the person who calls UPC opponents "idiots" and "trolls") honestly believes that the UPC will happen. That delusion if not lunacy is mostly Bristows'. It's worth noting that Bristows' person inside IP Kat stopped her UPC lobbying a few months ago. IP Kat's CIPA insider, however, is making photo ops with Battistelli while promoting the UPC (deception or collusion?), issuing PR to conflate/confuse UPC with EPO/EPC (which was never about the EU and predates it).

Sofia Willquist from Awapatent is the latest to piggyback this PR with this statement that she published yesterday to say:

At a meeting between the EPO and the Chartered Institute of Patent Attorneys (CIPA) in late January, it was confirmed that European patent attorneys who are based in the UK will be able to continue to represent applicants before the EPO. This means that ‘Brexit’ will not have any impact whatsoever on the membership of the UK in the European Patent Organisation, thus maintaining the number of member states at 38.


Mind what they're trying to accomplish here. In our view, they are attempting to make politicians believe that because Britain remains in the EPO after Brexit (never mind if EPO recruitment of Brits is down by 80%) that must therefore mean that Britain is ready for the UPC. It's a lie and it's shrewdly constructed. It's a lawyers' tricks. The UPC is mentioned by name in the PR.

Meanwhile, based on this new blog post, Lisa Ouellette and Michael Risch are supplying EPO talking points (FDI); they are missing the point or several key facts and eventually sound like that so-called 'study' the EPO commissioned in Britain and the UK (effectively corrupting academia for lobbying purposes). From Ouellette today:

The Impact of International Patent Systems: Evidence from Accession to the European Patent Convention, which Michael Risch posted about yesterday, caught my eye as well. As Michael explained, economists Bronwyn Hall and Christian Helmers examined the impact on patent filings and foreign direct investment (FDI) for fourteen countries that joined the European Patent Convention (EPC) between 2000 and 2008. (The countries are Bulgaria, Czech Republic, Estonia, Croatia, Hungary, Iceland, Lithuania, Latvia, Norway, Poland, Romania, Slovenia, Slovakia, and Turkey.)


The premise is a false one and is hinged on a bogus correlation; it's similar to the "patents equals innovation" canard. The number of patent filings depends on many factors including cost, patent scope and so-called 'IP5' dynamics. The numbers generally go up over time. There's also a tax evasion element to it*. To suggest that investments go up owing to patents is ludicrous and dishonest.

By the way, how about those investments in European Patents (EPs) which recently turned out to be money down the drain? Like CRISPR patents...

Yesterday we saw this article titled "Cellectis to license recently-granted CRISPR patents" and it spoke of the EPO:

French cell therapy company Cellectis has announced plans to make two CRISPR patents, which were recently granted by the US Patent and Trademark Office, available for licensing.

[...]

Last year, Cellectis was granted European patent number EP3004337 by the European Patent Office (EPO) for a similar invention.


This patent would likely be voided if challenged right now. We already wrote about half a dozen posts on the subject last month. _________ * In Italy, based on this week's news, they too are in effect legalising tax evasion for massive corporations under the guise of "patents" (or "patent box regime"). To quote:

Italy’s patent box regime, which entered into force January 1, provides an exemption from the corporate income tax and regional tax on productive activities of 50 percent of the income derived from the exploitation or direct use of qualifying intellectual property.


Recent Techrights' Posts

Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
 
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day