Bonum Certa Men Certa

The Unified Patent Court (UPC) is Not Happening, But Kluwer Patent Blog Pretends It's Already in Force

As if the only question now is who governs it

Self-Fulfilling Prophecy
"...the beginning, a false definition of the situation evoking a new behavior which makes the original false conception come true" --Sociologist Robert K. Merton on Self-Fulfilling Prophecy



Summary: The truly delusional writings, not to mention intentionally dishonest creed, show that Team UPC is a threat to truth itself, not just to the European economy

THE EPO scandals are no longer being covered -- let alone mentioned -- in so-called 'IP' blogs. It's seen by them as "not beneficial"; they'd rather just sweep EPO examiners under a rug somewhere.



"Looking at some of the comments that made it through the censorship, it seems clear that even Kluwer Patent Blog contributors (Thorsten Bausch at least) found the article misleading.""Limiting your European Patent nationally" was the title of this blog post from Kluwer Patent Blog yesterday. It was the first blog post in a long time. It was published along with another propaganda piece about the UPC. It was authored anonymously, but it certainly looks like the author was Bristows cloaked as "Kluwer Patent blogger". As usual, comments are being 'sanitised' there, so a real discussion cannot be made visible. One must assume that dissent gets deleted to protect the propaganda. Maximalists are happy about it (this is being promoted via patent maximalists). Team UPC keeps pretending that no barriers exist after that awful IAM 'interview' (widely criticised around the Web). Notice the loaded headline which makes the reader assume that Unitary Patent is in force and what remains to be decided is under whose wing. The headline is merely a quote/quote-mining: "EU should bring Unitary Patent system under its control" (quoting a "former chief economist of the EPO").

Here's a little portion:

Still, even if the German complaint is rejected and the Unitary Patent system enters into force at the end of 2018 or in 2019, van Pottelsberghe doesn’t expect too much of an impact on innovation – which is in principle what patents are all about.


One UPC booster said:

Which wd be the end of any UK #UPC participation: „[T]his single layered system should be much more an EU endeavour and not in the hands of a ‘dreadfully independent institution composed of 38 stakeholders of member states’, accdg to van Pottelsberghe.“


A phrase such as "end of any UK UPC participation" is misleading for two reasons; first of all, the UK never participated and secondly the UPC never existed and probably will never exist. We recently wrote a lot about why Britain can never participate in anything like this:



Meanwhile, this new press release came out [1, 2]. This came out in the UK, advertising a "2 Day Conference for Senior Patent Administrators (London, United Kingdom - September 27-28, 2018)" and saying the following: "It will help you understand how recent changes at the EPO, WIPO, USPTO and the Unitary Patent Court will impact your role."

Will?

Putting aside the fact that the UK cannot participate, the UPC isn't happening. This merely perpetuates a falsehood. Further down, under day two, it says there's a 12.45 session on "The Unified Patent Court".

Maybe they believe that if they carry on pretending that the UPC is just about to start, then it will actually happen.

Looking at some of the comments that made it through the censorship, it seems clear that even Kluwer Patent Blog contributors (Thorsten Bausch at least) found the article misleading.

Thorsten Bausch wrote:



Thank you for collecting this interesting opinion. My only comment is that I found the headline slightly confusing. What I understood Prof. van Pottelsberghe to suggest is not so much that the EU should bring the Unitary Patent system under its control – he argues rather, and rightly in my view, that the EU should bring the EPO (European Patent Office) more under its control. That, he argues, would enable the EPO to serve and be part of the EU’s industrial policy, for the sake of European consumers, universities and entrepreneurs.

I agree with him now, but must admit that there were times in the past when I was of a different opinion and thought it is actually a good idea to have a Patent Office that is outside the EU and not committed to serve its industrial policy or other political agendas of the day. I saw it as a great chance to achieve European unification and harmonisation beyond political borders and even including countries having quite different political systems. Which it has been and still is. Clearly, if the EU brings the EPO more under its control, this may serve to exclude non-EU countries, at least in the long run.

However, the current status of the EPO as an international organisation that enjoys immunity, but is not supervised effectively and lacks any effective integration in a judicial system that safeguards elementary human rights and the rule of law is highly problematic and probably not sustainable in the long term future. Were the EPO to become an organ of the EU, this would definitely change for the better.

In any case, it is time to re-think the entire European Patent Organization, in my view.


An earlier comment said this:

I can agree that the advent of the UP system would “make the patent system in Europe quite complex”. I can also agree that “the European Commission should find a way to bring the EPO more under its control”. However, I believe that Mr van Pottelsberghe has seriously underestimated the complexities on both of these points.

For example, the “international” status of the EPO has so far enabled the management of the organisation to effectively ignore even basic principles under human rights laws (such as the right to a fair trial or to COLLECTIVE bargaining). Under these circumstances, and given the principle of supremacy of EU law (INCLUDING the Charter of Fundamental Rights), how could it be possible for the Commission to “control” the EPO in any way?

On the other hand, the advent of the UP system promises to bring into effect a system in which post-grant “game-playing” by patentees can not only change the forum in which a patent is litigated but can also change the law of infringement that is applied (and hence change the outcome of the litigation). Such a system is not just “complex”, it is absurd. It also dispatches the concept of legal certainty to the dustbin of history.

I have never seen any such complexities even acknowledged (let alone taken into account) in connection with a “study” on the possible benefits of the UP system. So you will have to forgive me if I am more than a little cynical about the chances of that system doing anything other than providing an additional advantage to those patentees having the deepest pockets (who will be best placed to take maximum advantage of the insane levels of complexity and uncertainty that are inherent in the system).



A person who used to comment a lot in IP Kat (barely did lately) said:

Ah, the European patent “system”! A bit like the famous old Punch curate’s egg, eh? “Good in parts”.

Which part is good? Why the EPC and the Established Caselaw of the Boards of Appeal of the EPO, of course. This is a roadmap for everything to do with eligibility, patentability and validity of patents, and it provides hugely more legal certainty on all of these matters than anywhere else in the world. It is a benchmark for national Supreme Courts all over the world, something Europe should be very proud of and something industry in Europe should be very grateful for.

How did this come about? Some might suggest that it is precisely because the EPC and the EPO’s established caselaw has been conceived, written and implemented free from political influence and control. rather, the EPC and the EPO simply strive to dispense justice and fairness between i) patent-owners and ii) their competitors constrained by the patents the EPO issues. Reasonable certainty for the public, yet a fair scope of protection for inventors. Good patents enforceable, bad patents struck down.

So I’m not convinced that putting the EPO under more political control is in every respect a good thing.

But I’m with Thorsten and others that it would be a good thing for the basic rights of employees at the EPO.

In the end, these two issues are, for me, very important, but I’m doubtful how much they matter, for Professor Bruno van Pottelsberghe.


The above, from MaxDrei, shows that Kluwer Patent Blog fails to convince even its own readers of what it is trying to say about UPC. Maybe the target audience is some gullible politicians.

Recent Techrights' Posts

SLAPP Censorship - Part 58 Out of 200: 5RB and Brett Wilson LLP Helped Garrett and Graveley Make Equivalent of GAFAM NDAs Superficially 'Enforceable' in the UK, Using Threats
laziness results in many hours and high lawyers' fees
 
Red Hat Circling Down the Slop Drain
IBM, governed by slop fanatics, is going to do a lot of damage
Slop is an Addiction, Its Users Find It Addictive
please do not tolerate people who slop
The Corrupt Lecture the Non-Corrupt - Part VII - Secrecy at the EPO (Regarding Cocaine and Nepotism) Has Undermined Trust in Management
If Europe's second-largest institution is run by the "Alicante Mafia", does this mean that other key European institutions are "Mafia"?
SLAPP Censorship - Part 59 Out of 200: Mentioning the Fact Alex Graveley Arrested and Charged for Strangulation in Texas is "Reckless" and "Malicious", According to His 'Hired Guns' in London
it was framed as "malicious"
Links 27/04/2026: Strikes, Corruption in Spain (Spanish PM Sanchez' Wife), and YouTuber Faces Jail Time
Links for the day
Gemini Links 27/04/2026: Gopher Catch-up, Year of Contentment, and Path to Freedom
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 26, 2026
IRC logs for Sunday, April 26, 2026
Journalistic Malpractice: Helping Microsoft Paint 'Voluntary' Layoffs (Before PIPs) as "Buyouts"
What does this tell us about today's media?
The Man IBMers Regard or Already See as Likely Successor of Krishna (or Next CEO of IBM) is a Slop Fanatic
How dangerously misguided
The Corrupt Lecture the Non-Corrupt - Part VI - Management of the European Patent Office (EPO) Covered Up Cocaine Use, Even Colleagues Not Informed
the self-described "fu--ing president"
Who Controls Fedora? IBM and GAFAM.
Don't for a moment believe that IBM understands GNU/Linux. We are quite certain nobody in IBM's Board of Directors uses it.
State of Slop About GNU/Linux
As the incentive to publish is reduced (competing with slop is no fun), the effort/money invested in stories goes down
Links 26/04/2026: Korean Inflation, GLP-1 Drugs Linked to Cognitive Impairment, Lithuania's Public Broadcaster LRT Besieged
Links for the day
Hopefully Smooth Sailing in OS Upgrade
There are some contingencies at hand
Links 25/04/2026: "Horrible Economics of AI Are Starting to Come Crashing Down", More Restrictions Placed on Social Control Media
Links for the day
Getting Aggressive Suggestive of Loss - Part IV - Shutting Down My Existence
Would anyone out there tolerate such messages sent from burner accounts?
Gemini Links 26/04/2026: Gemini Movie Database (or GeminiMDB) and Star Trek III
Links for the day
Weeks Before Linux Removed Over 100,000 Lines of Code Due to Slop 'Bug Reports' Microsoft Paid 'Linux' Foundation to Advance Slop in the Name of 'Security'
What can possible go wrong? Both for security and for stability.
Tracking Ages of People
To stay "safe" tell us your age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 25, 2026
IRC logs for Saturday, April 25, 2026
"A single witness shall not rise up against a person regarding any wrongdoing or any sin that he commits; on the testimony of two or three witnesses a matter shall be confirmed." (Deuteronomy 19-21)
The spouse of Garrett repeatedly points out that Garrett can barely code or can only do so very poorly
Rust People Sabotage Stability for the Sake of a Falsely-Promised 'Security'
Set aside severe performance issues, poor handling of "edge cases", general bugs, lack of compatibility, and even crashes
SLAPP Censorship - Part 57 Out of 200: 5RB and Brett Wilson LLP Made the Garrett and Graveley Particulars of Claims a Lot Like Photocopies!
They seem very much irritated that I speak about this
Huge Strike at the European Patent Office (EPO) This Coming Friday (May 1st)
International Worker’s day
Links 25/04/2026: Nokia Wins Embargo in Kangaroo Court Where Judges Are Salaried Nokia Staff (UPC), Allison Pearson Defamation Case (UK) Succeeds, Smokey Robinson and "Puff Daddy" (US) Fail
Links for the day
Gemini Links 25/04/2026: Weekly Echoes, Gemtext Tables, and Using Offpunk
Links for the day
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day