Bonum Certa Men Certa

The Unitary Patent and Unified Patent Court Book

It's not hard to see who's standing to benefit

applicant's firm size 2014



National origins of EPO patents 2014



Summary: The Unified Patent Court (UPC) propaganda must be confronted; there's a book in the making about UPC lies and the anatomy of this legislative coup attempt by litigation fanatics (who profit from monopolies, patent trolls and so on)

WE were recently invited to participate at some capacity in book-writing activity, having covered this matter for a very long time. See this latest series about how our predictions -- for nearly half a decade -- turned out to be true. No wonder we're cited in some scholarly publications. The references came to our attention earlier this month.



Management of the European Patent Office (EPO) loathes us so much that this site has been entirely blocked in EPO offices since 2014 or 2015. That's how these people deal with truths, criticism, and whistleblowers. Not too long ago we learned about smears that had covertly been weaponised to distract from what we write; years ago I heard some Red Scare-type tactics (basically pretending those whom you don't agree with secretly work for Russia) and none of that seems to have changed much.

We're probably the only site that properly checks on a regular basis claims and facts about the UPC. Seeing what happened to the UPC, our fact-checking paid off. António Campinos and Benoît Battistelli are nothing but professional liars; the same is true for vocal people from Team UPC. They lie through their teeth if/when the lies are perceived as "helpful" towards a particular goal. It's a lobbying strategy. The software patent proponents do the same thing, e.g. when dealing with 35 U.S.C. €§ 101. They don't typically mean "innovation" when they (mis)use that word... just ask a software developer when he or she found patents helpful to the development process...

"They don’t typically mean “innovation” when they (mis)use that word… just ask a software developer when he or she found patents helpful to the development process…"We remain dedicated to exposing propaganda, inaccuracies, and sometimes innocent misconception (spread owing to lies that get 'planted' in the media). Some days ago MME Legal Tax Compliance published "Brexit and IP-Rights - What will change?" and then promoted it through Lexology. Here's the part about UPC:

Brexit will not affect existing European patents due to the fact that the European Patent Office is a separate entity to the EU. It is more likely that the Brexit will affect the proposed Unitary Patent and Unified Patent Court providing grant of a single patent offering EU-wide protection, which the UK is currently a member of and has ratified. It currently seems unlikely that the UK will remain a member state once the transition period is over.


So the UPC cannot work; it strictly necessitates UK participation. And that's putting aside all sorts of other legal barriers. In the upcoming book I intend to focus on propaganda aspects of the UPC campaign, based on material published here in thousands of blog posts. Composition of the book or collation of material, chapters and whatnot will be done by Dimitris Xenos of the University of Suffolk (where he's a Lecturer in Law). His latest paper is entitled "The Impact of the European Patent System on SMEs and National States" and the conclusion says the following:

There is hardly any economic activity that is not, to some extent, influenced by patented technology. In some sectors, such as health care, environment, energy, security, defence and software, patents are particularly important. The democratic control of intellectual property in national markets is an essential responsibility of the state. Yet, the state is being stripped of democratic control by the EU’s new, pseudo-federal patent system.

The technocratic approach that characterizes institutional debate at EU level is convenient because a more thorough political-economic and social examination would reveal the paradox of federalization in the absence of a federation. As the EU is neither a state nor a federation, the inherently adversarial nature of the international/European patent system has already contributed to an ever-increasing transfer of wealth from less developed to more developed states. Had the EU actually been a federal state, such a transfer might have been offset by the redistribution of wealth to support other federal systems, such as education, social welfare and defence. Such a genuine federal system exists in the US, which – unlike the EU – maintains a reasonably balanced, patent import-export ratio. As a result, there is accumulation of wealth in the US which is subsequently redistributed to the common systems of the state. In Europe, the absence of federation means not only that there is little redistribution of wealth, but also that there is not much wealth to redistribute in that the majority of European patents are taken out by non-EU-based companies. Given the disadvantages under which the international patent system in Europe labours, the EU has pushed its pseudo-federalization by augmenting the key elements of its adversarial nature. First, it gives a unitary/federal effect to the European patent that increases the number of imports of patent monopolies from dozens of thousands to hundreds of thousands. Second, it abolishes national control, which results in a total loss of national sovereignty in circumstances where national control is needed more than ever because of the unprecedented increase in the volume of patent imports. The loss of national control is exacerbated by discriminatory procedures allowing foreign patent litigation in a foreign language. Such absolute surrender of national sovereignty in peacetime is institutionally and historically unprecedented. In this respect, the UPP facilitates the emergence of zombie states where democratic control and national elections play little role in state business and the well-being of the people.

The patent data confirm what is already apparent: European markets have long been dominated – and are increasingly being dominated – by large companies based in a few states, mostly outside the EU and many in Eastern Asia (China, South Korea and Japan). In the minority share of the total number of European patents, one state, Germany, has almost as many patents as all other member states of the EU combined, a situation that will become more dominant when the UK leaves the EU in 2020. The combined share in patenting of 23 member states is just 9%, and patenting is negligible in many. The EPO has been allowed to set itself beyond judicial and legislative oversight. Objective evidence reveals that the position of SMEs is very weak under the EPO regime: their share of annual European patents granted is less than 10% and 17% of patent applications. These statistical results contradict the official justification for the UPP, which focuses on the benefits for SMEs.

The current study presents a manageable methodology for the collection and evaluation of patent data. Additionally, key economic factors that determine patenting capacity have been identified and evaluated. Such a holistic approach enables us to escape the framing of the debate within the terms dictated by the EU. Democratic control and effective oversight of such major economic-political issues requires external research and evaluation. Loss of national sovereignty removes not only national control, but also the contribution of external expert opinion.


More can be found in Prometheus – Critical Studies In Innovation 51-68.

Recent Techrights' Posts

Affirming What We Already Know: Solicitors Regulation Authority (SRA) is Profoundly Incompetent
"SRA ordered to pay solicitor £50k in costs after failed prosecution"
RMS Was Right 35 Years Ago
Stallman’s viewpoints have remained the same
Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
 
Oracle's Debt Exploded by 22 Billion Dollars in 6 Months, the Ponzi Scheme With Scam Altman Was Classic 'Pump and Dump'
The founder of Oracle now uses his wealth for right-wing ideological reasons, nothing else
Facebook ('Meta') is Dead Meat, This GAFAM Company's Debt Exploded by Almost 33 Billion Dollars in Just 3 Months (11 Billion Per Month)
we can expect many sales/contracts to get canceled
Australia's top nurse takes on Musk, Zuckerberg & rogue health influencers, birthkeepers
Reprinted with permission from Daniel Pocock
The "Alicante Mafia" - Part XVI - The Associates of Mr. Cocainegate Don't Want to Talk About Cocainegate (Right of Reply)
Nobody wanted to talk about cocaine at the EPO
The "Open Source" (Corporate Openwashing) Fake Community Rejects Democracy, Open Source Initiative is in Effect Dead
This is basically the end of the OSI
Cracks and Holes in Microsoft's Slop Bubble (Also, Windows is Declining)
"More Bad News For Xbox As Microsoft Blames Gaming For An Annual Decline In Its PC Business"
Microsoft's Debt Exploded by More Than 20 Billion Dollars This Past Year, Says Microsoft
Expect more mass layoffs
Strike at the EPO Today
Next month we'll start a new EPO series
State of the Slop and The Register MS Runs Ads as 'Articles'
Yesterday we could not find much slop about "Linux"
Gemini Links 30/01/2026: Announcing Crossyword and SYN Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 29, 2026
IRC logs for Thursday, January 29, 2026
Gemini Links 29/01/2026: Naps, Letting Go, and Terribly Cold Weather
Links for the day
Links 29/01/2026: Kennedy Center Officials Resigning and Amazon to Cut 16,000 Jobs
Links for the day
Goodbyes to Red Hat and IBM
PIPs let them do the same with less "wasted" on severance or with obscene narrative-shaping
The Need to Understand the Projection Tactics Against RMS
There's an old and common saying (or "wisdom") about who's guilty when there's a fart in elevators (lifts)
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026