Bonum Certa Men Certa

EPO Annual Report Will Dominate the News Next Week, Whereas Unitary Patent (UPC) is a Goner

UPC fluff and bluff has become the norm, but it's detached from underlying facts

Bluff



Summary: The EPO's fluff will be seeded in news sites next week, distracting from profound declines in quality and the demise of the UPC (a failed gamble of Battistelli)

THERE will be a lot of press coverage about the EPO next week. Plenty of puff pieces about the annual report, parroting the PR people rather than doing journalism with fact-checking and critical thinking. That's fine, we've grown accustomed to it and some of the publications that participate in this PR charade got paid by Battistelli (at the expense of EPO stakeholders).

"They try to trick British politicians."What we won't be hearing much about next week is the UPC. Team UPC will get a lot louder again around Easter time. A patent attorney based in Germany (with "a focus in patent infringement and licensing" i.e. enforcement a la UPC) doesn't accept the death of the UPC; nobody in his position likes to think that Brexit among other things (FCC, EPO scandals etc.) kills the UPC for good. He wrote: "[Theresa] May on #ECJ and #Brexit : 'the jurisdiction of the ECJ in the UK must end' vs 'if we agree that the UK should continue to participate in an EU agency the UK would have to respect the remit of the ECJ in that regard'. what does that mean for #UPC Full text: https://blogs.spectator.co.uk/2018/03/theresa-mays-our-future-partnership-speech-in-full/ …"

It's pretty obvious what it means. He also relayed Mathieu Klos as saying (German users' tweets in English): "2 days in London with talks tonine patent firms brought no clear picture whether the UK will finalise the remaining steps of #UPC ratification. Range of predictions varies from “it will happen around Easter ” to “totally unpredictable because of cabinet Brexit discussions”"

"Without the UPC, there would still be EPO and EPC. There would be Boards of Appeal too, i.e. judges."That former group would be liars like Bristows and cohorts who fabricate statements and resort to dirty tricks. They try to trick British politicians. Don't pay much/any attention to them. They just lobby for their financial interests, sometimes anonymously and often while deleting opposing views from sites (they don't respect freedom of expression in comments).

There's this new guest post by Matteo Dragoni, a Stanford TTLF Fellow. That covers the UPC and EPC, noting that it didn't quite work as intended (NPOs are still very much relevant). To quote:

Second, the current EPC system has established a "regional" patent system which is better than the PCT system, but it is still far from having eliminated all the economic/bureaucratic hurdles to patenting. It is true that European patents, once granted, can be validated/extended—and so recognized—in every single EPC country, but such validation/extension process comes at a cost. The patent often needs to be translated, some other taxes must be paid and the help of a local patent attorney is required. Annual patent fees must also be paid or the even the local patent expires. Once the European patent is granted, the patentee usually has 6 months to decide the validation/extension countries.

Since the grant of a European patent usually happens 3-4 years after the patent application has been filed, this means that an entity might not be ready to extend or validate the patent in many other countries, and if it has to drop some countries, it usually does so with less appealing, small, markets, most of which are the accession States considered in Hall and Helmers's article. Moreover, a European patent usually reduces costs only if the patentee is interested in having patent protection in at least 3-5 EPC Countries (depending on the local costs and fees).

The above also answers a bit to Risch's concern that a "unified" patent protection might not imply a "strengthening" of IP protection. As the situation is now, the European patent merely grants a bundle of nationally regulated patents that, once validated/extended, are governed by national rules and are subject (for some aspects) to the exclusive jurisdiction of national courts. This makes the patent rights obtained through a European patent costlier but also quite strong: it is not so cheap to obtain and validate/extend a European patent, but it is also quite expensive to invalidate the validated/extended European patent in all the single EPC jurisdictions.


Without the UPC, there would still be EPO and EPC. There would be Boards of Appeal too, i.e. judges. The rush to ratify something like the UPC is nothing but a wet dream of Big Litigation firms, which not only promote UPCA but also wrote a lot of UPCA. It's a failed coup and this coup has already caused tremendous damage to the EPO.

Recent Techrights' Posts

How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled
Links 12/07/2026: Palantir Unrest and Wireshark 4.6.7
Links for the day
Links 12/07/2026: New Instrument Time and PalmOS Experiences in 2026
Links for the day
Red Hat Staff Says IBM Policy Has Stigmatised Him as a Tool and a Slopper With Plagiarism Tools
IBM is killing Red Hat with slop
Freedom of Choice or Freedom Versus Choice (or When All Choices Are Incompatible With Freedom)
When some business asserts that it gives people different options, then it can rightly argue that it offers some choices, but that is not the same as freedom
Techrights IRC Turns 5 Without a “Code of Conduct”, “Code of Conduct Committee”, and All Those Bureaucratic Nightmares
18+ years if one counts our time in Freenode as well
Why U No Use AI???
Many hype waves come and go
There Are Still Slopfarms in Google News
Google is trying to participate in if not lead this pyramid scheme
The Cyber Show Explains How Slop and Promotion of Slop is About Taking Control Away From Computer Users
"On making a trustworthy machine"
Keeping Available the Site at All Times
Informal arrangements and crowdfunding keep our work available despite resistance (including from people who break the law)
What If "Era of AI" and "AI Revolution" (Fake News) Never Happened?
So how much longer before the bust (or bubble-burst)?
GNU/Linux Approaches 5% in Australia
5% by year's end?
Europe/EU is Moving Towards Independence, Fast to Adopt Free Software
More and more states (governments, public sector) in Germany are dumping Microsoft
GNU/Linux Grows at the Expense of Windows
People who want to get work done already left Windows
Tux Machines Growing as a Volunteers-Run Site
Historically the site did not have many original stories, but this changed as the audience grew and the site gained more recognition
Links 12/07/2026: European Commission Versus ‘Addictive Design’, "Google Loses Final Appeal Over $4.7 Billion EU Android Antitrust Fine"
Links for the day
GNU/Linux Market Share Increases Some More Today, statCounter Measures It at 7.3%
Will more such thresholds and records be broken?
Gemini Links 12/07/2026: Studying Languages and 2026 Old Computer Challenge (OCC)
Links for the day
EPO "Cocaine Communication Manager" - Part XIII - At the EPO, Cocaine Addicts and Their Friends Are "Protected Class"
What does that tell us about the EPO?
Increasing Output by Focusing on Originals
It's probably more important to carry on with these than it is to keep abreast of non-crucial news
Amid Strikes and Industrial Actions, Young Professionals at the European Patent Office (EPO) Kept on 'Short Leash', According to the Local Staff Committee The Hague
Issues affecting Young Professionals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 11, 2026
IRC logs for Saturday, July 11, 2026
Blogs May be Making a Comeback (They're Not Fediverse, They Are Joined by RSS Feeds)
Don't fake expansion where none existed
ChromeOS and GNU/Linux in the United Kingdom Reach 11%
the UK shows signs of digital maturity
Corporate Media: Blame the People Who Enter the Abandoned IBM Buildings, Not IBM for Abandoning Workers in Pursuit of IT Sweatshops
When the media spreads falsehoods stocks can go up (a lot higher), but at whose expense and how long for?
Canonical is Selling Microsoft, It Pays The Register MS to Sell Microsoft
It's all about money to them. And they call this journalism.
When Red Hat's HR Becomes the Same as IBM's HR (Bluewashing)
Red Hat keeps sacking very experienced engineers and adding temporary interns
GNU/Linux Growing in East Asia
Assuming this is more or less accurate, we could use a plausible explanation
SUEPO Munich Report on the Recent EPO Demonstration and Rolling Strikes That Continue to Grow
"increasing registrations for the 'rolling strikes' running until autumn"
Over a Week After Microsoft Discontinued Some XBox Models It Apparently Exits Some Markets Altogether
We seem to be witnessing the end of XBox
Gemini Links 11/07/2026: Old Computer challenge, Poems, Antenna, and More
Links for the day
Links 11/07/2026: "Trademark wars of Influencer Culture", Xinuos Uses Copyrights Versus UNIX
Links for the day
North America: GNU/Linux Measured at 10%
To better understand what contributes to the gains
Following Corrections and Adjustments statCounter Sees GNU/Linux at 7.1%, an All-Time High
There is a lot of layoffs at Microsoft this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 10, 2026
IRC logs for Friday, July 10, 2026
Links 11/07/2026: Wednesday-Saturday News Catch-up
Links for the day
Prioritising High-Importance News
In order to fully catch up with news we'll not publish many new articles until next week