Bonum Certa Men Certa

Max Planck Institute Pours More Water on the Dying Unitary Patent (UPC)

Max Planck Institute



Summary: The Max Planck Institute gives another sobering reality check for Team UPC to chew on; there's still no sign of any progress whatsoever for the UPC because even Team UPC appears to have given up and moved on

THE EPO does not need the UPC and certainly does not want it. The management of the EPO, i.e. Team Battistelli, wants the UPC and has plenty to gain from it, including an excuse to shut down the Boards (or at least making them highly irrelevant, marginal).



"The management of the EPO, i.e. Team Battistelli, wants the UPC and has plenty to gain from it, including an excuse to shut down the Boards (or at least making them highly irrelevant, marginal)."When we refer to the UPC we refer to a dubious court system wherein the accused can be subjected to judgments in a foreign language, issued overseas by judges whose reappointments depend on a subjective measure of 'performance'. The French head/chief of UPC (this position was promised to France) is possibly Battistelli, who allegedly quite arrogantly assumes he can return to being 'king' (of a court this time around) with all the powers 'reserved' just for him. It's for France to benefit from, as usual. Do not forget that António Campinos is also French and the 'French' (Forbes France is actually US-controlled) media wrote about him yesterday evening ("Pourquoi La France Doit Rester Présente Dans La Gouvernance Des Brevets Européens"). As we pointed out less than a day ago, Forbes is a patent maximalists' think tank.

What about think tanks that aren't beholden/controlled by billionaires? Well, the Germans often take pride in the Max Planck Institute, among few other institutions. And guess what the Max Planck Institute has to say about UPC...

"The French head/chief of UPC (this position was promised to France) is possibly Battistelli, who allegedly quite arrogantly assumes he can return to being 'king' (of a court this time around) with all the powers 'reserved' just for him."Florian Müller and Benjamin Henrion point to Team UPC's Thomas Adam, who himself admitted this problem in a series of three tweets: "From Max Planck Institute for IP : „[...] unitary patent protection cannot be dissociated from the general legal order of the EU’s Internal Market & extended to the UK once it has left the Union. Any such extension is incompatible with the autonomous [...] character of EU law and its institutions, will result in a legally split unity for separate and separately regulated markets, and conflict with both the UK’s and the EU’s public interests in defining and implementing a patent policy of their own. [...] Since the core objective of the UPC Agrmt is to establish for the adjudication of UP protection a common court of EU Member States that, as such, forms part of the judicial system of the EU, continued participation in the UPC Agrmt of the UK post Brexit _will not be possible_.“"

Benjamin Henrion supplied the direct PDF link [PDF], getting past the paywall.

Perpetuating the two lies of Team UPC (in the UK), the UK-based Patrick Wingrove from a UK-based UPC advocacy site wrote about it last night:

An association of German research institutes has concluded in a paper that extending unitary patent protection to the UK post-Brexit through an international convention would create a “fictitious unity” that is incompatible with EU law

An association of German research institutes concluded in a paper published this week that the UK remaining in the UPC system after Brexit would be incompatible with EU law.


Well, UPC is dead, but Team UPC's propaganda sites (with track record at that) try hard to keep it afloat in headlines. The key takeaway here is that UPC is only open to EU members and if Britain leaves the Union, then the whole UPC cannot have dependencies in it (as it does) relating to the UK. If the UPC was to be altered (redone), it would open up the possibility of countries like Turkey and some north African nations participating also, necessitating their ratifications as well. Tricky and time-consuming, no?

"The key takeaway here is that UPC is only open to EU members and if Britain leaves the Union, then the whole UPC cannot have dependencies in it (as it does) relating to the UK."From what I've read, Turkey's patent system is a corrupt thing plagued with nepotism and government favouritism. It's hard to see why anyone other than a Turkish firm or a Turk would apply for patents there, but days ago there was shameless self-promotional marketing by Fatih YalinbaÅŸ (Nazali) in Mondaq, published under the headline "Reasons For Making First Application In Turkey" (if it sounds like an advertisement, it may be because it really is).

Turkey is not an EU member. If Brexiters get their way, the UK won't be either. This means that the UPC goes nowhere and the three Frenchmen (below) remain hopeless, having spent a lot of effort pushing the UPC for many years (self interest, not Europe's interest). ⬆

The three Frenchmen

Recent Techrights' Posts

81% Voted in Favour of EPO Strikes Until End of This Year
Who's in the line of succession at EPO?
 
Gemini Links 21/10/2026: A Walk Through Amsterdam and Pythagorean Theorem
Links for the day
More Mass Layoffs at Microsoft Weeks From Now, Then Again Months From Now
Microsoft's crisis is not limited to XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 20, 2026
IRC logs for Tuesday, October 20, 2026
Gemini Links 20/10/2026: The Brothers Who Fought Mussolini and a Dying Main Laptop
Links for the day
Brett Wilson LLP Has Almost Zero Litigation Clients This Year (in the Area They Specialise in)
The silence on the financial front, combined with the lack of new clients, is deafening
Where to Celebrate the 20-Year Anniversary
let us know in IRC
Cheapening of the Workforce at IBM and Microsoft, Typically Without Even Announcing Any Layoffs
from leadership to compelled "retirement"
Help Us Improve Techrights
The site relies on teamwork in a growing community; even readers are part of it
Links 20/10/2026: $100 Million ICE “Intelligence” Program and France Riots
Links for the day
Gemini Links 20/10/2026: GAFAM GCP Outage in the UK and New Oddμ Release
Links for the day
Articles in The Register MS Composed by Employees of the Companies They're About
The Register MS is the place to be
Intercontinental Brigading - Part IX - Swatting is Not Funny, Swatting is a Murder Attempt
“Swatting is not harmless. It is a serious crime that can lead to dangerous situations and divert law enforcement away from someone facing an actual emergency. What callers may believe to be a ‘joke’ actually risks the public safety of our communities and can carry lifelong consequences for those responsible”
Links 20/10/2026: Facebook Scraping and Plagiarising News Sites, Copyright Act Turns 50
Links for the day
Microsoft's XBox Leadership and Strategy is Slop
XBox sales are already worst in the entire history of XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 19, 2026
IRC logs for Monday, October 19, 2026
Gemini Links 20/10/2026: Old Movies, Bandera Hike, and Mongolian
Links for the day
Techrights Search One Year Later
This year, as we turn 20 in just over 2 weeks, we'll have more surprises and enhancements
EPO Strikes Will Carry on Until End of This Year (as We Predicted), Will Likely Continue Next Year/s
Do we still have media in Europe?
'Cocaine King' Campinos Doesn't Have Sufficient Votes to Carry On Unchallenged, But He Has 2 More Months to Bribe Voters With 'Cooperation Money'
In any democratic, functioning institution they would not even ask if he can continue another term; he would be summarily sacked and investigated over the corruption, the cocaine, the racism and so on
Media 'Blackout' About Microsoft-Danfoss Connection After Almost 1,000 Supermarkets in France Get Cracked, Huge Amount of Food Destroyed
someone deployed malware to fridges
Today The Register MS Published "SPONSORED POST" Paid for by the Communist Party of China, It Mentions "AI" 19 Times
The Register MS is a marketing company
In Late October 2025 Spouse of Matthew Garrett Said He Had Them Raped and Broke Legs of Puppies, This Week Says He "Doesn’t Know How to Use Computers or Power Tools" (He Studied Genetics, Not Computers)
Harvey Weinstein did the same
Microsoft is Paying Many Workers to Leave the Company This Year, Just Don't Call it "Layoffs"
in some cases Microsoft pays people to leave while calling it "voluntary"
Gemini Links 19/10/2026: Orchids, Reducing GAFAM Reliance, and Deploying on OpenBSD
Links for the day
Links 19/10/2026: Intense Protests in France and "Zelenskyy Says Russia Seeking Blackout In Ukraine"
Links for the day
Intercontinental Brigading - Part VIII - How We Convinced British Police That the Americans Were Just Manipulating and Tricking Them at the Expense of British Taxpayers
Their job is to protect communities, not the feelings of Americans who threaten violence
IBM CEO Boasts to the Media About "AI" Momentum While Sacking His Workers Who Worked On It
Recently, IBM took a bailout and got rid of many workers
Corrupt Media Benefits Corrupt Officials (the Case of IBM)
IBM’s Pre-Earnings Publicity Blitz
Links 19/10/2026: "Investors Disturbed by Anthropic's Financial Data" and "The "Dead Internet" Is Here" (Slop and Bots Running on Huge Debt)
Links for the day
Gemini Links 19/10/2026: ICEYE/SAR, Smol Servers, and Starting an Open Access Journal
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 18, 2026
IRC logs for Sunday, October 18, 2026