Bonum Certa Men Certa

Yesterday's Misleading News From Team UPC and Its Aspiring Management of the Unified Patent Court (UPC)

Alexander Ramsay, Bristows, and the UPC gold rush
Rumours said that Battistelli intended to pursue the top position in the UPC (reserved for a French person)



Summary: The Unified Patent Court (UPC) enthusiasts -- i.e. those looking to financially gain from it -- continue to wrestle with logic, manipulate words and misrepresent the law; yesterday we saw many law firms trying to make it sound as though the UPC is coming to the UK even though this isn't possible and UPC as a whole is likely already dead

Team UPC and EPO management (notably Battistelli and his chosen colleagues at the top) have long spread lies about the Unitary Patent or Unified Patent Court (UPC). This isn't entirely surprising because lying has become the norm in those circles. We'd like to take a moment to remark on belated coverage from patent law firms, which continue to twist words for the "greater good" which is their profits.



"...there's nothing in the paper that suggests 'unitary' patent participation, only aspiration to "explore" the possibility/prospect."Some UPC spin was posted yesterday by Life Sciences Intellectual Property Review, a site which champions the "Life Science" agenda (calling life itself a science to facilitate patents on life/nature); the British government admits the issue with UPC and then issues a paper which is instantaneously distorted by Team UPC, as one might expect. Well, there's nothing in the paper that suggests 'unitary' patent participation, only aspiration to "explore" the possibility/prospect. Now watch what this site made of it, citing a legal expert/firm:

Truscott noted that while it’s a relief to see IP specifically mentioned, there remains significant uncertainty around the Unified Patent Court (UPC) and the unitary patent. The life sciences section of the UPC’s central division is planned to be based in London.

“The UK has ratified the UPC Agreement and intends to explore staying in the court and unitary patent system after the UK leaves the EU,” said the White Paper.

Whether this is possible will depend on the ability for the participants to agree to modify the existing agreement, said Truscott.

He added: “This could ultimately be beneficial if it were to allow for other non-EU countries to join, so that the UPC could perhaps ultimately act as the court for all contracting states to the European Patent Convention and provide a true one-stop shop for litigants.”

For Bacon, the UPC system would represent the most important change ever seen in the European patent landscape, and the continued involvement of the UK would be welcomed by the life sciences industry.


The "life sciences industry"? That's just a euphemism for an 'industry' that's pursuing patents on life -- something which is currently not legal in pertinent European nations. Speaking of this "life science/s" label, mind Patent Docs pushing this envelope again yesterday (by Bryan Helwig) and the same in Managing IP yesterday. "In-house counsel, private practice lawyers and scientists discussed life sciences advancements such as the move towards personalised medicines, at the Hogan Lovells Life Sciences Summit," Patrick Wingrove wrote.

"The "life sciences industry"? That's just a euphemism for an 'industry' that's pursuing patents on life -- something which is currently not legal in pertinent European nations."Team UPC hopes that UPC can miraculously expand patent scope overnight, enabling for example software patents and patents on life/nature in member states where these are currently illegal. They try to bypass national courts and national patent offices. It's pretty obvious.

Herbert Smith Freehills LLP's Mark Shillito, Laura Deacon and Peter FitzPatrick have also just written about the above. Quoting the relevant part:

Opinions vary on the likelihood of whether the UK could continue as part of the UPC and Unitary patent system post-Brexit. The Foreword to the White Paper by the Prime Minister states that the proposals in the White Paper would end the jurisdiction of the European Court of Justice in the UK. It is not clear whether the UK would nevertheless accept the role of the European Court of Justice in respect of references from the UPC on matters of European law.


They cannot. They said so just a couple of weeks back. Novagraaf (another legal firm) said this yesterday:

On the former, it announced plans to establish its own GI scheme after exit; on the latter, it simply states that it ‘intends to explore’ staying in the Unified Patent Court and UP system after the UK leaves the EU (click here for more on the unitary patent).


The key part is "explore" or "intends to explore". This is not actually possible and the government knows it. But Bristows is now paying (we assume) that same site to push its lie that "UK confirms it will seek to remain in the unitary patent and Unified Patent Court after Brexit" (that word, "confirms" being the word of choice, has been common among UPC boosters).

"Team UPC hopes that UPC can miraculously expand patent scope overnight, enabling for example software patents and patents on life/nature in member states where these are currently illegal."Here is another new analysis from yesterday (there were about half a dozen yesterday alone) and a new comment from IP Kat, citing Article 23 EPC:

I think that you are slightly missing the point that I was trying to make about possible actions of the President of the UPC (Court of Appeal). My point was not that legal mechanisms exist that a "malign" President could validly exploit. Rather, it was that the mechanisms to counter a "malign" President that has overstepped the mark (ie contravened the rules) are unreliable, toothless and/or non-existent.

Ten years ago, and based upon Article 23 EPC, one could have made the case that there was "legally no risk that a judge, how irksome he might be, be removed from office by the President of the EPO". We all know how that worked out in practice.


It is meanwhile being reported that "UKIPO patent applications decline" (news headline) and this doesn't sound like a negative thing if patents are more selectively applied for, e.g. based on better quality/higher bar. To quote:

Patent applications made directly to the UK Intellectual Property Office (UKIPO) have seen a decline between 1995 and 2017.

According to a report on trends from the UKIPO, there was a decline in patent applications at the office, but applications filed at the European Patent Office (EPO) are continuing to rise, especially those filed at the EPO designating the UK.

The report notes that Brexit is a possible reason why applicants are seeking alternate routes.

Also highlighted, is the increase of international applications filed using the Patent Cooperation Treaty (PCT).

Applicants of UK residency make up the greatest share of applications at UKIPO, although the share of applications from non-residents increased to 40 percent in 2017.


"UK trademark applications soar over 22-year period," another new headline (WIPR) said yesterday, so it's not as though UKIPO is running out of work. In fact, it claims to be hiring.

"It's passing all the powers to patent maximalists in the same way copyright maximalists strive to take total, complete control over the EU."Another article of interest was published yesterday by Allen & Overy LLP's Marjan Noor and James Fox under the headline "English Court of Appeal rejects the EPO’s “serious contemplation” test for anticipation by prior disclosure overlapping with later patent. This makes one wonder what will happen to confidence in European Patents:

In the case of Jushi Group v OCV [2018] EWCA Civ 1416, the Court of Appeal has considered the question of the relevant test to apply when assessing whether a prior disclosure of numerical ranges will anticipate a later claim to overlapping numerical ranges.

The Patent at issue relates to the composition of a type of glass which is capable of being formed into fibres. Claim 1 of the Patent specifies a list of constituents for the claimed glass, along with a range of percentages by weight for each constituent as a proportion of the whole.

A prior art patent called “Neely”, referred to in the description of the Patent, disclosed a glass with the same constituents and similarly specified the percentage by weight as a proportion of the whole. It was common ground that the range of each of seven of the constituents in Neely fell entirely within the ranges specified in the Patent for that same constituent, and the ranges for a further six constituents overlapped with them.


UPC is all about taking low-quality European Patents to court, fast-tracking potential sanctions (like embargo, raids) without hearings in the accused party's language, without proper chance of appeal in one's national courts, without assurance of independence for judges and so on. It's like DMCA takdowns. UPC is tarnishing the stated goals of the EU in the same sense that the "link tax" and "censorship machines" (copyright proposals) do. It's passing all the powers to patent maximalists in the same way copyright maximalists strive to take total, complete control over the EU. The copyright maximalists have thus far failed (the first round at least); so will patent maximalists.

Recent Techrights' Posts

Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
GNOME Foundation's Microsoft Developer Account
"Lately they're teaming up with Mozilla to eliminate middle click paste - something which I use continuously."
Links 10/01/2026: "Abolish ICE or GTFO", Calls to Ban X/Twitter From Apple/Google App Stores (or Implement National Blocks) Over MElon Turning It Into Non-consensual Deepfake Porn Site
Links for the day
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
 
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026
Monday, January 12, Red Hat Layoffs Allegedly Planned
We'll update this post or follow up if or when we get more information
Slop Still Becoming Rare as Another Week Ends
Generally speaking, calm and quiet is desirable, it's what we hope for (an absence of slop, a lack of need to keep abreast of it, ultimately)
Links 10/01/2026: Iran Offline, Venezuelans Decry Civilian Casualties
Links for the day
GAFAM Wants War
Go war! Go bailouts! Go debt! Go Wall Street!
GNU/Linux and Chromebooks Rose to Almost 10% in Haiti
What's noteworthy is that this month GNU/Linux is measured at around 8% and ChromeOS at about 2%
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day
Plot Twist: Microsoft MSN Relays Articles Hinting at or Pointing to Mass Layoffs Soon, Other Gossip
the narrative from Microsoft's "PR bunny" (Shaw) is showing mold already
Links 09/01/2026: Google and Character.AI Implicitly Accept Chatbots Kill Kids and GLP-1 ‘Slimming Pens’ Turn Out to be a Lot Worse Than Advertised
Links for the day
'Vibe Coding' is Not "AI", It's a Sewer, It is Junk
Linus Torvalds was wrong. 'Vibe coding' isn't good for anything.
GNU/Linux May be Approaching 10% "Market Share" in Montenegro
The surge started around 2021
At IBM, "Employee Reviews" (or Appraisals in the UK) Are a "Trojan Horse" for RAs (Mass Layoffs), a Waste of Time
comments from IBMer serve to suggest that appraisals can be precursors
Links 09/01/2026: Technical Blogging Lessons Learned and Google's Gmail Getting a Lot Worse
Links for the day
More IBM Layoffs in India
If IBM cannot afford to retain workers in India, then something is truly "out of control" at IBM
Escaping GAFAM Colonialism Requires Homegrown Free Software
GNU/Linux now measured at 3% in Zambia
Dr. Richard Stallman Has Done No Harm to the GNU Project or the FSF (He Had Benefited Both, Always, Even After the Attacks on Him Began)
Some people try to prevent Dr. Stallman from speaking or having a platform where many people can hear him
GNU/Linux at 4% in Saudi Arabia, Says statCounter
Some years ago Windows fell to a "market share" of just 11% there
Microsoft Isn't Denying the Mass Layoffs
Still silence from Microsoft
In Western Africa GNU/Linux Flirts With 5% Market Share
there's a gradual increase in GNU/Linux usage there
Gemini Links 09/01/2026: Pro1 X Repair and the Mercury Protocol
Links for the day
Links 09/01/2026: Cambodia and China Extradition, "NATO’s High-risk Patrols Near Ukraine"
Links for the day
No, Microsoft Did Not Deny the Q1 Mass Layoffs (Microsoft Can Delay These)
Maybe they disperse or delay the layoffs (changing plans), but the layoffs are going to happen
Only One Person in Charge of Fedora is Not IBM Staff
This is not a community project, it's just a way for IBM to onboard unpaid volunteers
This Is Not a Drill, GNU/Linux is Really Going 'Mainstream' on Laptops (and Desktops)
It is important to explain to people software freedom
IBM Albany Layoffs
not only did many in the site lose their job; there's more to come "and likely another one in February" (weeks from now)
EPO Workers' Industrial Action to Include Many Strikes, to Last Several Months
In some ways, The Hague and Bavaria are becoming almost indistinguishable from Moscow
EPO People Power - Part XXIX - Getting DER SPIEGEL, FAZ, Deutschlandfunk and Sueddeutsche Zeitung (SZ) to Cover EPO Scandals
We kindly ask our readers to contact their local media and urge it to cover the scandals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 08, 2026
IRC logs for Thursday, January 08, 2026