Bonum Certa Men Certa

When It Comes to a Unitary Patent System, Bad (or Intentionally Dishonest) Legal Advice Has Become the Norm



Look! The UPC is coming! Haha. You fell for that one!



Summary: The Unified Patent Court and Unitary Patent (UPC and UP, respectively) reinforce the old saying about lawyers being liars, doing anything to attract clients (to take their money); the UPC is basically dead, but fiction, falsehoods and outrageous fantasies still find their way into Web sites of law firms

YESTERDAY we were told that "tomorrow [there would be an] important PR to nuke the UPC as it is..."



So that's later today.

"People deserve realistic expectations; UPC propaganda may help “sales”, but at whose expense?"Readers may have noticed a slight decrease in our coverage of European Patent Office (EPO) affairs. But we're still watching it very closely and our latest Daily Links (published minutes ago) included a report about EPO-granted patent being found invalid, more patents granted on nature/life, and hearing delays due to the infamous pandemic (this affects EUIPO and EPO alike). This does not concern Team Campinos/Battistelli and it's not about software patents , so we don't have much to say about that.

On the other hand, yesterday we found this promotion of an article by Rachel Bradley (Penningtons Manches Cooper LLP). She either does not understand how deep in trouble UPC is or she is simply lying to clients for patent revenue (legal bills) to be secured, based on unhelpful delusions. Here's what she wrote in the firm's site (with our corrections added):



How will it affect patent portfolios?

Currently patents within the European Patent Convention (EPC) countries are taken to grant through the European Patent Office (EPO). The EPC is not an EU instrument but an international convention and the EPO itself is not a European institution. As such, the procedure and mechanisms for granting classic European Patents will remain unchanged for the UK.

The big question is, how will the proposed Unitary Patent system be affected by Brexit?

The UK intends to stay [Ed: you cannot stay in something that does even exist] in the Unitary Patent system, and indeed it ratified the Unitary Patent Court Agreement in April 2018 [Ed: and the person who was responsible for that stunt resigned, then replaced twice or thrice more]. The Unified Patent Court and Unitary Patent will [Ed: "will" or "would"? Well, the word "will" implies certainty] take effect three months after the UPC Agreement has been ratified by thirteen countries including all three of France, Germany and the UK [Ed: we know the UK cannot participate, Germany is not ratifying and France has self-interest because of positions being reserved to it; also, constitutional challenges -- of which there have been several -- can annul some of the other ratifications]. France has also already ratified it [Ed: see EPO scandals and our coverage for associated scandals; INPI is now under fire as well] along with a further 14 countries [Ed: there have been court cases standing in the way though], meaning there are now 16 ratifications in total [Ed: of which several are invalid, including critical ones]. Although Germany has passed all the laws that are needed to bring the UPC into effect in Germany [Ed: meaningless bureaucracy, also unconstitutional], ratification is still outstanding [Ed: outstanding implies almost "impending"; not true] and is dependent on the outcome of a complaint pending before the German Constitutional Court [Ed: no, Berlin has already said that due to Brexit there are additional barriers and reservations]. It is possible, if the Court dismisses the complaint, enabling Germany to ratify the UPC Agreement [Ed: no, there's also Brexit], that the UPC system will take effect during the transition period up until December 2020 [Ed: completely unrealistic nonsense, probably a copy-paste from some Team UPC site like the Preparatory Committee], with the UK as a participating member [Ed: no, it cannot participate as it's an EU system].

As currently drafted, the UPC Agreement can only take effect in EU member states and the UPC cannot be based in a non-EU member state [Ed: to change that they need to rewrite the whole thing and start a round of ratifications all over again, which can take years and become unattractive without London]. There has been much debate on the question of whether legally the UK could continue to participate in the UP and UPC [Ed: it cannot, they need to restart to have a chance], and the weight of opinion is that it could [Ed: whose opinion? The Preparatory Committee's?], if the political will is there [Ed: no, they mean lobbying, bribery and so on]. Continued participation in the UPC and UP would require a new international agreement between the UK and the participating EU member states, and would require the UK to submit to EU law, and the supervisory jurisdiction of the European Court of Justice (CJEU), in relation to proceedings before the UPC [Ed: then, still, the UPC needs to be redone, rewritten, ratified all over again; It won't even be "UPC" anymore but something else]. The UK would also have to sign up to an appropriate jurisdiction and enforcement regime, such as the Lugano Convention. [Ed: This is unlikely given recent statements from Number 10]


As can be seen above, almost every sentence is a distortion, a lie, or semi-truth at best. Why would anyone pay hundreds of euros per hour for such bad 'advice'? People deserve realistic expectations; UPC propaganda may help "sales", but at whose expense? As a side note, is there an exodus at Bristows? ⬆

Recent Techrights' Posts

Gemini Links 28/10/2026: BaseFree Numerical System, Tolino Vision 2, and More
Links for the day
Intercontinental Brigading - Part XVIII - Microsoft is Not the Victim (It Was Never the Victim), It's Just DARVO
"DARVO is now in the dictionary. That’s a win for abuse survivors"
Intercontinental Brigading - Part XVII - The Relevance of Silent Layoffs at Microsoft
"Economic Crime and Corporate Transparency Act: strategic lawsuits against public participation (SLAPPs)"
 
The Cyber Show on Plagiarism (BS Artists) and Fear of GNU/Linux Users
Take a look at these articles
"EVENTS" as Paid Spam (Marketing) at The Register MS
Now that layoffs are "buyouts" and debt is "credit" (or "investment" in slop) why not call spam "event"?
Just Jealous
LLMs vs Developers
The Need for Operating System Kernels That Forbid LLM Slop
Not even OpenBSD is an alternative to Linux slop
Links 27/10/2026: "Why My Dad Didn’t Have a Cell Phone" and Sudan Famine Risk
Links for the day
Links 27/10/2026: Google Increases Spying on Online Everything (Personal Files, Mail), Anthropic Takes Its Losses and Debt Public
Links for the day
The British Economy Too Dependent on an American Slop Scheme
United States Government debt will soon eclipse 40.5 trillion dollars
We've Already Begun Work on the 20th Year of Techrights
We'll do a yearlong endeavour of improvement instead of a one-day hurrah
Volunteers or Unpaid Developers Won't Bother Interacting With Mindless LLMs That Pass Labour From Lazy Companies to Human Beings
The people who run Debian are killing the will to do Free software
Slop is Killing the Open Web
The Web is a jungle and "open sites" (without restrictions or walls) are exposed to the 'feeding frenzy' of reckless plagiarists who call their "theft" something like "super intelligence" or "training"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 26, 2026
IRC logs for Monday, October 26, 2026
As Microsoft Tells Close to 30% of Its Staff to Leave IBM Takes Notes
IBM does the same with PIPs
It's Perfectly Possible That Microsoft Has Just Told Most of Its American Workers to Leave
A better news headline might focus on the US and give a figure like 50%, not "quarter"
Richard Stallman Was Right About "Hey Hi"
Now the chicken come home to roost
Gemini Links 27/10/2026: "To Change or Not To Change?" and "Initial Planner Plans"
Links for the day
Intercontinental Brigading - Part XVI - The Faustian Pact That Irritates Hired Guns is Still a Distraction From the Serious Harm Done by Their Clients to GNU/Linux Users (Notably Plagiarism and Back Doors)
We'd rather talk about the harms caused
Links 26/10/2026: Microsoft Chaffbot "Building Detailed Psychological Profiles of Its Users", Man Executed for Childhood Offenses
Links for the day
Gemini Links 26/10/2026: Writing Down Dreams and "Sabbath as Resistance"
Links for the day
The Register MS Gets Rid of Disclosures About Paid-for Spam Regarding "AI", It Also Composes Fake News for the Sponsors
Selling away its credibility is known as "Sellout"
Microsoft 'Buyouts' Sound Just Like 60,000 Layoffs of 'Expensive' or More Experienced Staff ('Soft' Layoffs or Even Worse, Negligible Severance)
This is not a "gift" to staff, it's just a pink slip with a hundred dollar bill attached to it
This is How Microsoft Ends (Over a Quarter of the Company Now on the Chopping Block)
Microsoft has quit pretending
Search Without Encryption for Legacy Systems (Permacomputing) and Full Backward Compatibility
At your own risk
Shift to the Lula (Left)
Lula is a friend of Free software and ODF
More Stories and Material Than We Can Publish
We're gaining or have amassed material faster than we manage to publish
European Patent Office Takes From the Poor to Give More to the Rich
The "pension schemes are overfunded at 120.5%"
Intercontinental Brigading - Part XV - Annualised Consequences for Opposing Microsoft Back Doors in Linux Since 2012
a roundup of what we got from GGG
Links 26/10/2026: China’s Communist Party Plenum and Aleksandar Vucic Concedes Defeat
Links for the day
In Reporting, Timing is Everything
If you keep calling people "paedophiles" when you yourself are connected to paedophiles (or are a paedophile), you're attracting a lot of unwanted attention to yourself
Links 25/10/2026: Microsoft Layoffs and Cuts, Luiz Inácio Lula da Silva Wins Election
Links for the day
Gemini Links 26/10/2026: Brazilian Politics and Leaving Bear Blog
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 25, 2026
IRC logs for Sunday, October 25, 2026
Another Form of Microsoft Silent Layoffs: Workers That 'Expire'
When the media becomes a lapdog, not a watchdog, false narratives gain traction
Carte Blanche for GPL Violations 4 Days Ago (by Torvalds)
Slop disclosure is no longer required for the Linux Kernel
There Are No Women That Are Kernel Developers Sent by Corporations Which Claim to Champion Diversity
As noted the other day
Sites with "Linux" in Their Name Cannot Slop and Retain Readers
if they write about "linux "(or "Linux") using LLMs they will be caught, then shunned
At Microsoft, the Silent Layoffs Impact Executives Also
Microsoft hid the real story of Helen Chiang
Linus Torvalds Defected to Enshittification
Linus Torvalds is betraying a generation of high(er) standards
Links 25/10/2026: TMZ Revisits Epstein's Connections to Bill Epsteingate, "Italy Hit by New Cost of Living Protests"
Links for the day
Microsoft’s Spin About Mass Layoffs and Shutdowns: They "Never Should Have Existed"
Microsoft-sponsored spin
It's Slop
Maybe we'll exclude It's Slop from our curation. It's a Linux Foundation outpost of sorts, an apologist of sloppy code and plagiarism.
Intercontinental Brigading - Part XIV - Six Years of Learning Irish, But the Real Issue Was Microsoft-controlled 'Secure' (Restricted) Boot
Had I not opposed back doors in Linux, not of this would come about
Gemini Links 25/10/2026: Moana (2026) and OpenBSD Updates
Links for the day
The Netherlands Fast to Adopt GNU/Linux, "Market Share" Rises to Two-Digit Value (on Desktops/Laptops)
It peaked at around 20% yesterday
DST Still Needs to Get Abolished
Get rid of DST, efficiency will improve and systems will become more reliable
PHP2Shell as Paid-for FUD Campaign (Intended to Help Sell Slop and Fake "Market Value" of Slop Pushers)
PHP2Shell considered overhyped [...] Remember all the paid-for hype regarding Mythos? What happened to all that?
Microsoft Sort of Tried to Sell XBox Piecewise (Offloading Microsoft)
XBox is in a morbid state
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 24, 2026
IRC logs for Saturday, October 24, 2026