Bonum Certa Men Certa

The Unitary Patent and the Unified Patent Court (UPC): This Week's Latest Spin and Lies

The EPO wrote this (below) more than two years ago

UPC



Summary: The EPO has adopted a largely passive approach, choosing barely to comment at all on the UPC whereas Team UPC keeps repeating the same misleading if not patently untrue claims to perpetuate the notion that UPC is inevitable

THE EPO does not mention the UPC so much anymore. In fact, it barely ever mentions it at all. Ever since the complaint in Germany got 'docketed' the cabal of Battistelli mostly hid under a rock, choosing not to comment much on the corruption involved (it was more than political stunts and gross manipulation). António Campinos will likely be more of the same regarding UPC.



"Ever since the complaint in Germany got 'docketed' the cabal of Battistelli mostly hid under a rock, choosing not to comment much on the corruption involved (it was more than political stunts and gross manipulation)."Earlier today and yesterday [1, 2] the EPO spoke of this upcoming event (warning: epo.org link) which covers, as per the page: "Update on unitary patent protection" (litigation).

"António Campinos will likely be more of the same regarding UPC.""Three days left to register for the next EPO User Day," they said. "Need a review of the formal requirements in the European patent procedure and their implications for online filing? If so, this is the event for you..."

Notice how much of a side issue UPC is; it's just one bulletpoint in a very long list. This, in our view, represents a reality wherein the EPO basically chooses not to make promises about the UPC (for fear of further embarrassment, knowing that UPC isn't coming to fruition).

"Notice how much of a side issue UPC is; it's just one bulletpoint in a very long list."But what about Team UPC? These people spent (or shall we say wasted?) many years and plenty of money crafting this horrible thing and lobbying for its passage. Bristows, for example, having just flung copies of its UPC propaganda pieces at sites like Lexology (the patent microcosm, mirroring the corporate blog of Bristows), tells us we're supposed to think that UPC will kick off soon and the only remaining question is, who's in it? That's a classic Team UPC lie which we'll see more of in a moment..

"Spanish government provides further reasons for not joining unitary patent and UPC system," says the headline. Gemma Barrett and Manuel Rey-Alvite Villar wrote towards the end something which is at least instructive:

In addition to the language regime, the Minister indicated the following were reasons for non-participation:

the uncertainty of the system’s future due to both the challenge in the German Constitutional Court and Brexit;

a Spanish company would still be able to obtain a unitary patent and enforce it (outside Spain) in the UPC; and

the higher costs of litigation in the UPC than in a Spanish court, which would be a particular problem for SMEs.



All of these (3 reasons) are applicable to every single country in the EU, so why do some politicians agree to ratify (text which they never even bothered actually reading)?

Writing about Italy yesterday, IAM's sister site said this:

Italy is also a party to the Agreement on the Unified Patent Court (which was ratified in November 2016) and in July 2015 joined the enhanced cooperation on the unitary patent system. It has also been decided that Milan will host the Italian local division of the court.


"Will host" assumes certainty; but they meant "would" and the answer/outcome is likely "wouldn't."

They are talking about the UPC in future tense/s as though it will definitely happen/materialise, but the UPC is dead in the water right now. It may take several years for the negative outcome to be confirmed.

"They are talking about the UPC in future tense/s as though it will definitely happen/materialise, but the UPC is dead in the water right now."IAM's sister site also wrote about Saudi Arabia on the same day and it was so full of patent maximalism. It's not hard to understand considering this network's funding sources. Here they go on about the GCC's "unitary patent" (not the same thing): "In 1992 the GCC approved a patent regulation that established a unitary patent right covering all GCC countries. The GCC Patent Office was established in 1992 in Riyadh, Saudi Arabia and started accepting applications in 1998. The GCC patent regulations were amended in 2000, notably adding in a novelty requirement for patentability. A GCC patent is valid and enforceable in all GCC states with no need for further validation steps."

Going back to the EU-centric "unitary patent", watch Claire Wallis, Tobias Reker and Coreena Brinck (CMS Cameron McKenna Nabarro Olswang LLP) making some dubious claims, such as:

Finally, the last hurdle the UPCA currently faces is the pending court case before the German courts as to whether the participation of Germany in the UPCA and UP is unconstitutional.


No. Not last. Because the UK cannot participate either. Brexit is arguably far bigger a barrier than the constitutional complaint, which actually ties into it (Brexit is brought up as one of four core arguments).

"Brexit is arguably far bigger a barrier than the constitutional complaint, which actually ties into it (Brexit is brought up as one of four core arguments).""If the German complaint is found inadmissible it is possible that the UPC may finally come into force, by the end of 2018," it concludes. Not really, that's the EPO management's talking point. And it's as misleading as can be. The EPO has been making promises like these for a number of years (projecting the start of UPC just months ahead); it was always, without exception, in vain.

REGIMBEAU's Stéphanie Celare continues to spread Team UPC's lies as well. All the above are from yesterday, just like this one. In short, the UPC simply cannot start without the UK and the UK cannot participate; that's aside from serious corruption that served to impede and ultimately stopped UPC ratification in Germany. To quote Celare:

Will the UK be part of the Unitary Patent System after Brexit? The UK's future relationship with the Unified Patent Court will be subject to negotiation with European partners as they leave the EU. Now the UK Government has ratified the UPC Agreement, it seems clear that the UK wishes to be part of the Unitary Patent System after Brexit, and to maintain a branch of the Unified Patent Court in London. Some amendment to the UPC Agreement will however be necessary to enable such a scenario.


This again is false; they're just reusing each other's misleading talking points, leading many potential clients to utter disappointment (not to mention waste of money). Team UPC is, to put it bluntly, a bunch of greedy and legally-aggressive liars. In fact, they either intentionally lie or are deeply deluded. They keep pretending that the only question about UPC is, "who's in it?"

"They try to silence those who correct them. It never ends well."This is bad legal advice if not malpractice. A lot of legal professionals have long been pointing out the same thing, whereupon Team UPC simply resorted to more flagrant censorship of blog comments. They try to silence those who correct them. It never ends well.

Recent Techrights' Posts

How We Process Screenshots of Slop to Suitably Tag Them as Slop
everything is a single command
Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
 
Team GNOME Has Libeled Me for Nearly 20 Years
we are not dealing with sane people
Experience With Airlines in 'Web Sites' and in 'Apps'
In a lot of ways, Stallman Was Right about what JavaScript would turn out to be
Open Does Not Mean Free
wiser to ask if some program is freedom-respecting
The Register MS Takes Money From Companies Banned by the Biden and Trump Administrations (National Security Risk)
today's sponsor
Sabotaging GNU/Linux PCs (and Users) is Not a 'Joke'
maybe cruelty is the very objective
Links 11/08/2025: Data Breaches, Politics, and Climate
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 10, 2025
IRC logs for Sunday, August 10, 2025
Gemini Links 11/08/2025: Tea Caffeine Hot and Super ZZ Zero
Links for the day
Slopwatch: LinuxSecurity, Brian Fagioli, and Other Serial Sloppers
Maybe Microsoft wants to dub this "Web5"
Gemini Links 10/08/2025: Residents Management Company, Automation, and Politics
Links for the day
Links 10/08/2025: AOL Ending Dial-up
Links for the day
Links 10/08/2025: Webrings, “AI Sunglasses” and “AI Eyeglasses”, US Administration Intensifies Attacks on Science and Research
Links for the day
Sometimes Newer is Worse
We generally need to reject this dumb notion that "old" means bad
The Code Used to Make Techrights Fits on a Seventh of a Floppy Disk (or 100KB When Compressed)
For the sake of comparison I've just downloaded the latest version of WordPress. The ZIP file is 27.2MB in size, or ~27,200KB.
What They Tell Young Programmers
Coding in 2025
Simpler is Better When Simple is Enough
Over-complicating things to "sell" new versions is so 1990s
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day