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

Links 20/04/2026: Chatbots Motivate Manslaughter, GAFAM’s ‘Tobacco Moment’
Links for the day
 
EPO Cocainegate Escalates - Part III - Connected Families - The Cocaine User Luis Berenguer and António Campinos
not just bromance between Luis and António
FOSS Linux (fosslinux.com) Has Become a Slopfarm
Slopfarming is the last incarnation of sites that die or are dead
Gemini Links 21/04/2026: NeoVim, GeminiMDB, and Another New Gemini Client (Called Titan II)
Links for the day
Links 21/04/2026: Internet Shutdowns, Bluesky Crippled by DDoS Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 20, 2026
IRC logs for Monday, April 20, 2026
3,400 Gemini Capsules Accessible and Known to Lupa, A Geminispace Crawler
We're about to exceed 3,400 some time soon
When and Why I Quit Writing "Classical" GNU/Linux Advocacy Articles
I'd love to write more about why GNU/Linux is great [...] We always try to cover unique issues and break stories (exclusives)
IBM Had Mass Layoffs Every Month This Year (Including at HashiCorp, Confluent, and Red Hat), 'Results' Due in 2 Days' Time
IBM's "media partners" seem to be engaging (propaganda and puff piece) ahead of the serenade to Wall Street
Dr. Andy Farnell on Privacy Failings and Shallow Media Coverage
Bad media paves the way for failed societies
Gemini Links 20/04/2026: Fahrenheit 451, Small Web Advocacy, and Offgrid Holdout
Links for the day
Debian Has a New Project Leader (DPL)
We plan to upgrade Debian some time this month
This Morning The Register MS Published SPAM With "AI" 36 Times in It. This is What The Register MS is Paid to Publish.
It's selling out to Ponzi schemers
Throwing Rocks in Houses of Glass
Lots of "virtue-signalling" against ICE
The Corrupt Lecture the Non-Corrupt - Part II - It's About Politics, Not Science
Tomorrow we'll discuss what the cocaine proponents (or apologists) deem to be "ethics"
SLAPP Censorship - Part 52 Out of 200: Phil Golding Appointed Bar Standards Board (BSB) Chief, Misogyny Must End
How many rules will they "bend" or even breach?
Links 20/04/2026: Brave Origin Nightly, Scuttling USAID Gives 'Soft Power' to China, and White House Gives Money to Russia (Through Oil Sales)
Links for the day
EPO Cocainegate Escalates - Part II - "Cocaine Communication Manager" Luis Berenguer is Back Without Punishment
Latest on Luis Berenguer
Gemini Links 20/04/2026: "I Hate Computers" and "Why I de-Googled"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 19, 2026
IRC logs for Sunday, April 19, 2026
If You're Against War, Why Would You Pay IBM Red Hat?
Red Hat's largest clients aren't geeks; they're militaries
Uplifting Mood in Manchester
Looking behind - and ahead - after a day of relaxation
SLAPP Censorship - Part 51 Out of 200: On Perjury and What It Means to Take Third-Party Funding to Attack Reporter and His Family (in Another Continent)
threats of prison sent to my wife
The Corrupt Lecture the Non-Corrupt - Part I - EPO Management Talks About "Ethics" While Cocaine Users Run the Office
Let's start with the basics
EPO Cocainegate Escalates - Part I - Cocaine Abuse in Family of Campinos (President’s Office)
at the EPO's management you can do illegal drugs and still represent Europe's second-largest institution
Gemini Links 19/04/2026: Big Brother and the Telescreen, Syncing Gemini Capsule With a Makefile
Links for the day
Links 19/04/2026: Introducing “Fighting Fascism” Podcast and Kyiv Mass Shooting
Links for the day
Links 19/04/2026: Mass Layoffs at GAFAM Again (10% Laid Off), Azure Capacity Problems (Enshittification)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 18, 2026
IRC logs for Saturday, April 18, 2026