Bonum Certa Men Certa

German Decision on Unitary Patent/UPC Will Take Years (and It Doesn't Matter Because the Whole Thing is Dead Already)

Video download link



Summary: Kluwer Patent Blog's Dr. Bausch explains why the UPC is pretty much doomed, as it cannot be ratified any time soon and probably will never be ratified either (for a multitude of reasons, including Brexit)

THIS afternoon we saw this article by Thorsten Bausch (Hoffmann Eitle), showing and explaining why the FCC (Germany's constitutional court) won't be deciding on the two constitutional complaints (against UPCA) any time soon.



"All they have left now is paid-for lies. Don't listen to them."We've decided to respond in a one-hour video, which includes a bit of background information. Dr. Bausch has long protested against EPO injustices and UPC lies. And just like us, he predicted it wouldn't get started. He now says (and includes a screenshot that shows) "the FCC has just published its annual overview, i.e. a list of proceedings that it intends to decide in the course of 2021. It traditionally publishes this list in February of each year, and equally traditionally it is incapable of deciding even half of these cases by end of the same year. This has led to the unofficial name of this list, i.e. “Lügenliste” (Liar’s List), which may be a bit harsh, but sometimes jokes are like this. Nonetheless, while the list is not necessarily indicative of the cases that will be decided in the year to come, it is of value for the cases that will not be decided, i.e. those cases that we know have been filed but do not (yet) appear on this list. For example, the two constitutional appeals on the *new* UPCA ratification law. Thus, if I may dare making any recommendation to the stakeholders and judges that have been preparing for the imminent enactment of the UPCA for years, it is: relax and look to other plans for the near to mid-term future. While I have already won my unofficial bet that the new Berlin airport will open before the UPCA will enter into force, my second bet that UPCA will come before Stuttgart 21 (currently predicted for 2026) is still running, and it is possible that I will lose this one. This will not be over any time soon, all the more so since the Case Load of the responsible 3rd Department of the FCC, even to the extent shown on the list, is pretty crazy: A constitutional complaint against the marketing approval of a generic veterinary medicament, two disputes in regard to the government’s obligations to inform the Bundestag about its plans to act against human traffickers in the mediterranean, a dispute in regard to a state law of Bremen prohibiting the turnover of nuclear fuels in its ports, various constitutional complaints against CETA, another constitutional complaint against a decision of the FCJ and CJEU declaring an arbitration clause in an investment protection agreement between Slovakia and the Netherlands inapplicable under EU Law, several referrals of courts and the Parliament in regard to the “Mietendeckel” of Berlin (rent cap) – and five more constitutional complaints, of which at least four have appeared on the “annual overview” for years.

In short, don't expect the UPC to have any news associated with it. Bristows' UPC blog has been inactive for months, it's composed by individuals who work for Europe's most notorious patent trolls, and there's virtually no press coverage on the matter. Well, there's nothing to report. This morning we saw Bristows spreading some more UPC lies in a paid placement. All they have left now is paid-for lies. Don't listen to them.

Recent Techrights' Posts

Facebook's Debt Leaps to Over 51 Billion Dollars
A lot of this is a bubble, aside from the bubble the media irresponsibly dubs "AI"
3 Days Ago Over at Tux Machines...
GNU/Linux news
Most of This Month Will Deal With EPO Scandals
A timeline of sorts
Links 01/11/2025: Microsoft Distributes Malware Again, Radio Free Asia Shut Down by Dictator
Links for the day
 
Linux.com is Becoming Microsoft
They took a once-reputable site with a vast audience and turned it into a pile of trash
Microsoft Lunduke: People Pointing Out I'm a Bigot is a Badge of Honour
It's almost as if he openly admits being a troll and is proud of it
Oracle's Debt Continues Rising to All-Time Highs, The "Slop Bubble" is a Smokescreen for Larry Ellison
wishful-thinking bubble waiting to implode completely
News on the Web is Becoming Rare, Shallow, and Difficult to Find
To efficiently and rapidly find original and important news without underlying comprehension/understanding of the news (and its context) is a hard task
Slopwatch: Linux Journal, Serial Slopper, WebProNews, and More
getting back into the habit
The Cocaine Patent Office - Part III: European Patent Office Officials Cannot Claim False Identification
Corroborating with other sources is always desirable if possible. We shall do so later in this series.
Still Catching Up, Daily Links a Top Priority
Readers who have additional information about the EPO can send it along to us
Links 01/11/2025: "Americans Are Defaulting on Car Loans at an Alarming Rate" While Many Left to Starve (SNAP)
Links for the day
Gemini Links 01/11/2025: FIFO and Gemini Age Survey
Links for the day
Why Does German Media Protect the EPO From Accountability for Cocaine?
Can we trust such media to properly inform the public?
Links 01/11/2025: Microsoft Azure Goes Offline Again
Links for the day
November is Here, Anniversary Party This Coming Friday
Expect this site to return to its normal publication pace either by tomorrow or Monday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 31, 2025
IRC logs for Friday, October 31, 2025
Gemini Links 01/11/2025: Synergetic Disinformation and Software Maintenance
Links for the day
IRC Proceedings: Thursday, October 30, 2025
IRC logs for Thursday, October 30, 2025
IRC Proceedings: Wednesday, October 29, 2025
IRC logs for Wednesday, October 29, 2025