Bonum Certa Men Certa

The Unitary Patent (UPC) is Not Delayed; It's Dead and Without Any Major Rework It Will Go Nowhere

Delay



Summary: The Unified Patent Court (UPC) isn't just delayed but likely canceled; however, people who planned to make a fortune from UPC-centric lawsuits don't want the public to know that or see it that way

THE EPO hasn't mentioned the Unitary Patent in nearly two months. António Campinos said something about it in his first week in Office and that's about it. The EPO does, however, promote software patents every single day now, even at the USPTO. Yesterday the EPO did that thrice (yes, three times!) in one single day, outdoing its usual once or twice per day. In that regard, Campinos is a lot worse than Battistelli.



"The UPC is nowhere near a reality; it's very, very far from it. Simply put, the UPC isn't happening. It is already dead. "The Unitary Patent (or UPC) is itself a Trojan horse for software patents, among other bad things. It is a crude and cycnical attempt to bypass national patent laws and even directives against software patents. It's just insane and no democratic society should allow this to happen. The German Constitutional Court has already taken that abomination to task, but Team UPC keeps pushing two lies which depend on dismissal of a complaint and elimination of lots of other barriers. The UPC is nowhere near a reality; it's very, very far from it. Simply put, the UPC isn't happening. It is already dead.

Managing IP, which worked with the EPO on some UPC advocacy/events, has this new article with a loaded headline: "How patent-heavy businesses are planning for the UPC and unitary patent" (as if it's about to start).

"Counsel at pharmaceutical, telecommunications, car and plastics manufacturers and medical charities tell Managing IP about their considerations for the unitary system," Managing IP wrote, hiding all the pertinent quotes behind their paywall (so only people who agree with this agenda can read and scrutinise).

"No, there are no "delays" for UPC. The UPC just isn't happening. Unitary 'patents' do not exist and the foreseen framework is already dead. It's abandoned. Hardly anyone speaks about it."What Patrick Wingrove does here is that self-fulfilling fantasy-type of propaganda, i.e. pretty much the same old tactic used by Managing IP for a number of years. On almost the very same day another article emerged, this one titled "Bulgaria ratifies the Protocol on Provisional Application of the UPC Agreement but delays still in store for the UPC" (what an incredible understatement, as if it's only a matter of time).

No, there are no "delays" for UPC. The UPC just isn't happening. Unitary 'patents' do not exist and the foreseen framework is already dead. It's abandoned. Hardly anyone speaks about it. It's gone with the wind, gone with Battistelli, whom nobody has heard anything from since he left at the end of June. Herbert Smith Freehills LLP, which is responsible for the above, is just wanting us to think otherwise and being Team UPC opportunists (litigation 'industry') they're looking really hard for signs of UPC progress, jumping a whole month back to a country with barely any European Patents (a fraction compared to a country like France or Germany). Bulgaria was mentioned on August 21st (but that only showed up yesterday) regarding something that happened back in July. To quote: "On 24 July Bulgaria ratified the Protocol on Provisional Application of the UPC Agreement (Protocol). Four more ratifications/declarations are needed, including Germany, for the Protocol to come into effect and allow the practical workings of the Unified Patent Court (UPC) to be established in preparation for the court coming into operation, which will happen once the UPC Agreement (UPCA) itself has been sufficiently ratified. In both cases, ratification by Germany is a prerequisite. Recently reported comments from the Chairman of the UPC Preparatory Committee have revealed that there may be at least a 6-8 month delay once Germany is ready to ratify the UPCA, given how much needs to be done for the UPC to be ready to open its doors. It therefore looks increasingly unlikely that the UPC will take effect before Brexit unless Germany ratifies the Protocol in the next few months."

"The EPO does not obey court rulings, it does not care about the law, the management engages in corruption, and the founding document (EPC) doesn't mean a thing. While this remains the case (António Campinos has not tackled this in any way whatsoever), only a madman would entrust or give the EPO authority/leverage over a legal system, as per the UPC."Notice their nonchalance; as if they're already sure about the outcome of the complaint in Germany. As if it's without merit. What sheer arrogance.

Meanwhile (also yesterday) Mitscherlich PartmbB's Christian Rupp talked about an upcoming/past case for the Boards of Appeal. The EPO has already attacked its judges pretty viciously; the Boards of Appeal can therefore not rule independently and that's a persistent problem which even the German Constitutional Court is well aware of. Rupp wrote:

In the decision T2563/11 the Boards of Appeal of the European patent had to deal with a divisional application having identical claims to a parent application (on which in the meanwhile a patent had been granted), but having differences in the specification – which, in the opinion of the applicant, lead to a different scope of protection vis-à-vis the scope of the granted parent.

The Board decided that, for the double patenting prohibition, it is the “matter for which protection is sought” defined in the claims (in line with the wording of Art. 84 EPC) which matters, but not the scope of protection, or more exactly “the extent of the protection conferred by a European patent” as defined in Art. 69 EPC. According to Art. 69EPC the “extent of the protection” shall be determined by the claims, however wherein the description and drawings shall be used to interpret the claims.


The EPC is no longer applicable in the EPO however; it was repeatedly violated by Battistelli, who faced no consequences for violating the EPC. The reality of the matter is -- and the German Constitutional Court has ample evidence of it -- the EPO now operates above the law. The EPO does not obey court rulings, it does not care about the law, the management engages in corruption, and the founding document (EPC) doesn't mean a thing. While this remains the case (António Campinos has not tackled this in any way whatsoever), only a madman would entrust or give the EPO authority/leverage over a legal system, as per the UPC. ⬆

Recent Techrights' Posts

"My Hands Are Shaking While Writing" About IBM's Mass Layoffs at Red Hat (Bluewashing)
Shame, shame, shame on the corporate media for not covering Red Hat's layoffs this year
Taking a Look at the Last Articles of Bob Cringely at Forbes, They Were All About IBM and Its Collapse
It's all about IBM
What is "Computer Science"? It is What Broligarchs Reject.
Nowadays some people call themselves informal terms or made-up titles (with terms like "AI" or "big data" or "data" tossed into the mix)
Brigading Against Women - Part XXVII - Americans and Public Executions
"People who work for Facebook / Xitter / Bytedance's Tiktok / Microsoft / Oracle / IBM / Apple / Uber / Lyft / Wolt / DoorDash / AirBnB / Bolt / and so on are doing some world-class projection when they have the audacity to call others Bad People(tm)"
Gemini Links 12/10/2026: Westminster Quarters, Civilization, Luddites, and More
Links for the day
 
Links 12/10/2026: Shopify (Slop Booster) Has Security Issues, "Russia’s Yandex Says Data Center in Vladimir Shut Down After Drone Attack"
Links for the day
Microsoft Windows Causes Problems (and Delays) to LibreOffice and The Document Foundation
Nothing would please Microsoft more than Windows curtailing the development of LibreOffice and adoption of ODF
So Far This Year Microsoft Windows Lost a Lot of Ground in China, GNU/Linux Gaining at Its Expense
GNU/Linux will soon exceed 10%
Lessons of Margaret Hamilton (Software Engineer)
Stop abetting men who attack women in the sciences
RIP, Bob Cringely
He was too young to leave us, his articles were still brilliant and his mind as lucid as ever
Linus Torvalds Has a Conflict of Interest Regarding Slop
Linus Torvalds is paid by the slop pushers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 11, 2026
IRC logs for Sunday, October 11, 2026
Africa Sees GNU/Linux Exceeding 5% "Market Share"
It wasn't always like this. It used to be measured at 1 or 2 percent.
Slop-ware Is Not Newsworthy
LLMs are exceptionally loquacious and create large code bases
Links 11/10/2026: US Sides With Vladimir Putin, Convicted Felon Dubbed "Agent of a Foreign Power"
Links for the day
IRC Tracker Back in Order, Number of Known IRC Networks Continues to Increase
We don't know if our article helped trigger a resolution
Links 11/10/2026: "Execution TV" (Iran Aped by US) and ‘Digital Oblivion’ Caused by Slop Frenzy Online
Links for the day
Voice for the Impoverished
the country's leaders attack the country's own press
Gemini Links 11/10/2026: Adults Dressing Up as Animals, 44th Birthday, and More
Links for the day
Running a Country's Economy by Borrowing Over $400,000,000,000 Per Month
This is the hallmark of an economy in irreversible decline
Brigading Against Women - Part XXVI - Trying to Deplatform Critics of Microsoft's Restricted Boot
Like James Bottomley, Matthew Garrett served Microsoft's agenda while employed and salaried by other companies
Anderon Is Not a Real Company, It's an IBM Bailout Dressed Up or Wrapped Up In Buzzwords
It certainly does seem like they receive money from taxpayers for nothing, or for IBM to do mass layoffs/closure at Albany under the guise of "making a new spinoff"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 10, 2026
IRC logs for Saturday, October 10, 2026
Gemini Links 10/10/2026: Radio Romania International, Avoiding GAFAM, Open Camera, and Another Palm
Links for the day
The 2026 Slop Prediction (Slopfarms Perishing)
Morality in the "digital world" has deteriorated profoundly
netsplit.de (Survey of IRC Networks and History) Only Partly Functional This Month
Get well soon, netsplit.de
Microsoft Cuts
GAFAM enshittification
NVIDIA Acts Like It Cannot Pay Salaries (Too Many Obligations, Sales in Circular Financing, or Basically Accounting Fraud)
Masters of acting as clients of themselves
Paying for elections, Reform UK illegal confession in High Court
Reprinted with permission from Daniel Pocock
Contemptuous Law Firm Accusing Others of Contempt of Court
Keeping a running tally can help
Links 10/10/2026: Let's Encrypt Making Changes (Problem for Small Sites/Operations), Quartz is Officially a Slopfarm (Busted)
Links for the day
Microsoft Abuses PERM and Lays Off Workers in India
The US government has made it easier for Microsoft to hide the mass layoffs
The GAFAM Elections in the United States
If the election is run by platforms that have back doors "baked-in" and if the communications are overseen by GAFAM, you would not have to be a "nutty MAGAt" to dispute the outcome
More GAFAM Layoffs (Late on Friday Night)
They say they are worth trillions, but they don't even make money
Male-Dominated EPO Fails to Have "Concrete Measures to Support Female Staff"
Being a female at the EPO is exceptionally hard
Brigading Against Women - Part XXV - No Anonymity for People Who Did Illegal Things
"Empathy is the sunlight to the vampire of culture."
Production Freeze at the European Patent Office (Opposing Monarchy, Institutional Maladministration and Corruption)
Eight reasons to participate
Links 10/10/2026: Microsoft 'Open' 'AI' Silencing Critics, "Data Centres are the New Front Line in the Russia-Ukraine War"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 09, 2026
IRC logs for Friday, October 09, 2026
Gemini Links 10/10/2026: Optimism, Stargazing, "Life Without Smartphone", and Fairphone 4
Links for the day