Bonum Certa Men Certa

Law Firms Are Offering Very Misleading and Self-Serving Advice Regarding 'Unitary' Effect for European Patents

Web of deceit

Recent: two famous lies

Pure greed



Summary: Living up to the tune/cliché of "lawyers are liars", various law firms -- especially British firms that profit from patent maximalism/aggression -- want us to think that it's time to 'stock up' on 'unitary' patents, relying on some prospective existence of a system that's basically up in flames before its forever-postponed commencement

HAVING already published many rebuttals on this subject, we were reluctant to make yet another, but we'll keep this one short. The EPO grants many low-quality patents while at the same time pushing for a plaintiff-friendly court system (UPC) that would be ruinous to SMEs and favourable to patent trolls (and law firms that these trolls operate through). The USPTO is a cautionary tale here, conjoined with the Eastern District of Texas. Trolls want to be able to enforce patents in relatively biased courts or simply issue threats in a lot of US states (or EU member states) in order for small and defenseless companies to 'cough out' money. Will that succeed? Thankfully no. It doesn't look like it.



"The two famous lies (we see them repeated every week) are that UPC is about to become a reality and the only remaining question/unknown is Britain's participation in it."We already wrote quite a lot of rebuttals to law firms which twist the words of the British government. They perhaps hope to attract/create a 'demand' for 'unitary' patents. Down To Earth Magazine (classified press release/blog) has just repeated CIPA's talking points (CIPA is one of the worst culprits when it comes to UPC lobbying). Speaking as though UPC is certain to happen, it also does not properly frame it w.r.t. constitutional complaints. If that's not bad enough, this was republished (pushed out again) a few days later under a different headline. From the text:

A major concern is regarding Intellectual Property Rights (IPR) and Laws, for instance, on the fate of the Unitary Patent and the highly “Europeanised” areas of IP law, such as trademarks and design. The immediate impact is going to be on the Unified Patent System and the Unified Patent Court (UPC). The European Patent with Unitary Effect (EPUE) was signed on February 19, 2013, by 24 EU member states including the UK and is currently ratified by all current EU members, except Spain and Croatia, making it effective in 26 EU member states.


Nothing is actually effective at all and UPCA is stuck if not dead. We soon found Herbert Smith Freehills LLP's Rachel Montagnon and Morrison & Foerster LLP's Wolfgang Schönig, Sana Ashcroft, and Robert Grohmann writing similarly misleading pieces, easily contradicted by the government's own statements.

So basically, no... the UPC isn't happening. The two famous lies (we see them repeated every week) are that UPC is about to become a reality and the only remaining question/unknown is Britain's participation in it.

Recent Techrights' Posts

Wikipedia - Like Some Free Software Projects Infiltrated and Bribed - Bans Its Own Founder
Over the years we've named (not shamed) some projects and organisations that got corrupted by money and ended up banning their own founders
The “Aktion T4” at the European Patent Office (EPO) Saves Money for the President's Own Purse
Call for parents of children with special needs
SLAPP Censorship - Part 116 Out of 200: 5 Years of Multiparty Lawfare Against Techrights, Funded by Americans and Also by Third Parties (Including Microsoft Salaries)
The public and our government will be informed in full
After IBM's Shares Collapsed the CEO is Trying the "Quantum" Trick Again, Bolstered by a Demented Dictator in the White House
from what we can gather IBM's CEO is trying to get the US government to participate in the scam
 
IBM Sends Workers 'Packing', Sometimes With the "Low Performer" Label That Imperils Their Future
To many people out there, IBM correlates with deceit
Links 24/06/2026: Four-Day Workweeks, GM Cut 1,000 Workers at Its EV Plant, 21,000+ Oracle Layoffs
Links for the day
A Step in the Right Direction (EU) in the Fight Against LLM Slop From GAFAM (US)
We've already mentioned this in Daily Links, but let's discuss this a little further
SLAPP Censorship - Part 117 Out of 200: Libel Tourism or Defamation Forum-Shopping in the United Kingdom Condemned by the European Union (EU)
Last week we reminded readers that the EU had criticised UK defamation law
Demonstration Next Week at the European Patent Office (EPO), Administrative Council Seen as Complicit
Corruption in Europe hurts all of us
IBM is Now Hinged on False Accounting and False Promises
This is the legacy of the current CEO
"PARTNER CONTENT" or 'Content Farms' That Promote Slop and Misinformation (The Register MS)
The Register MS represents a big part of the problem we all face
Turn Off the Slop, It's Wasting Energy and Destroying the Planet (the Only Planet We Have)
Right now we see lots of headlines about energy shortages and drained-up reserves
Lessons From Almost 30 Years of Site-Building Activities
We still strive to become faster and lighter
Do Not Outsource (the Seductive Mirage)
Abandoning so-called 'conventional wisdom'
Media Complicit in IBM Fraud Meant to Prop Up the Share Price Based on Lies, Fabrications
Even IBM insiders are fuming at this
In Some Countries, Windows Has Lost Its Monopoly
Windows fell to an all-time low globally this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 23, 2026
IRC logs for Tuesday, June 23, 2026
Gemini Links 24/06/2026: Motivation, PostScript Printer, and Why Hyperscalers and the Smolnet are Compatible
Links for the day
The Media's "Satya Says" Syndrome Distracts From Grim Reality
how insiders see Microsoft slop
Oracle's Collapse Has Nothing to do With Slop, It's About Its Debt Exploding by Almost 50% in Just 12 Months
How are people meant to trust the media?
Now... a Word From Our Sponsor
Powerade
Links 23/06/2026: Microsoft Studio Closures and Journalism Subjected to Further Cuts
Links for the day
Gemini Links 23/06/2026: Gardens, Basketball, Blocking Hyperscaler, and New Commodore Phone
Links for the day
Links 23/06/2026: Apple Price Hikes and Technical Debt in Slop
Links for the day
Greece Ought to Curb the Threat of Social Control Media
its national discourse seems to be run by an American company called Facebook
State of the GNU/Linux Desktop (and Laptop)
The time to advocate GNU/Linux is now
The 'XBox Narrative' Distracts From Destructive Cuts Across the Whole of Microsoft
Microsoft is preparing to lay off a likely record-breaking number of people [...] this isn't just an XBox problem
SLAPP Censorship - Part 115 Out of 200: Spending the Next Decade Writing About SLAPPs and Trying to Fix the System
It's the same industry that got paid by corrupt EPO officials to try to cover up the corruption
Microsoft's Stock Fell Nearly $200, But the Real Problems Are Just About to Begin
if they dump slop, what will they tell shareholders?
The Cyber Show on Starmer and Software Freedom
The Cyber Show's Andy has just explained why our departing national leader wasn't all bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 22, 2026
IRC logs for Monday, June 22, 2026
Gemini Links 23/06/2026: Girlrotting, Homeworlds at BGA, Slop Ruins Sites
Links for the day
A Lifetime of Whistleblowing
Ellsberg did not have an easy life, but it was a rewarding life with a rich legacy focusing on justice
European Patent Office (EPO) Series: A Man With Many Missions...
Campinos – accompanied by Gilles Requena and Patrice Pellegrino
Links 22/06/2026: Ubisoft Co-founder Dies, Americans Have Turned Against Slop
Links for the day
Links 22/06/2026: "The Sycophancy Machine" and "Port 22 Open for 54 Days"
Links for the day
When People Who Make the Most Money Are the Best "Boot Lickers" (Sucking Up to Jeffrey Epstein's Circle and the Dictator)
Sucking up to rich people may pay off
The Aim is Not Fame
Reposted from schestowitz.com
"Internally Important, Externally Irrelevant": IBM in a Nutshell
Right now its debt spins out of control and its stock spirals down the drain
SLAPP Censorship - Part 114 Out of 200: Thousands of Long Articles to Come, Properly Covering the SLAPP Industry in the UK and Its Modus Operandi
"Stowell described SLAPPs as ‘a stain on our legal system’."
Finding a Way to Get Paid to Improve LibreJS
So now we have more people resurrecting LibreJS and improving it
Microsoft Can't Even Wait Until July, Shutdowns and Layoffs Already Happening
Mashable speak of "a grim picture for the state of Xbox."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 21, 2026
IRC logs for Sunday, June 21, 2026
Gemini Links 22/06/2026: Appreciating Simple Things, Perfect Summer Evening, IRIX, Vim and so
Links for the day