Bonum Certa Men Certa

Unified Patent Court (UPC) 'Delayed' Again, As Usual, as Unitary Patent Boosters Caught Up in Lies and Scandals

This is what Team UPC said in 2014:



Summary: "UPC [is] delayed by 2 months," a source has told us, dubbing it "good news" and reaffirming what we've said this past year; this litigation lobby's 'wishlist' system isn't legal, it's not ready, there are yet more scandals, and journalists have been catching up with these scandals

"Time for more lawsuits," a reliable source has told us. Expect UPC to face several more obstacles, though Team UPC will never admit that UPC is doomed.



Lately we've been briefing reputable journalists on this matter and they will inform the public. Kangaroo courts that are neither legal nor constitutional should never be formed. If they do, they will soon thereafter be abolished. It doesn't take a genius to see that after Brexit UPC is simply impossible, no matter all the other issues.

About a month ago we asked Germans (or others) to contact their politicians. They can prevent ratification. As a reminder, the UPC harms the reputation of Germany and the EU because if they allow it, then it emboldens critics; it would make the German government and the European Commission look very eager to start an illegal court -- all due to heavy lobbying, lies, and distortions.

"...it would make the German government and the European Commission look very eager to start an illegal court -- all due to heavy lobbying, lies, and distortions.""It would help to point to some official EU documentation to that effect," a reader reminded us. Well, legally speaking, UPC cannot start because a) it strictly requires the UK signing (but it cannot because it left the EU); b) it causes various constitutional issues, some of which confirmed by courts already; c) there was no legitimate economic analysis; it was fabricated a long time ago and those who perpetrated this fraud even said they refuse to allow.

"The European Parliament has a committee dedicated specifically to constitutional matters," the reader recalled, "so this might be relevant to bring to them." Germans can use the list in this page (full contacts).

Hungary took this to court as well. It was ruled unconstitutional.

I myself decided to do my part, having contacted my MEP and said:

Commissioner Breton is refusing to properly answer your questions regarding the UPC. He evades these questions on purpose. There is a deep conflict of interest there. It is very well documented.

Now, as per last week, the UPC judges turn out to be exactly how the UPC complaint (FCC in Germany) cautioned. The judges are industry insiders, clearly not impartial, and the prospective president is an avid proponent of software parents.

I'm not an MEP, I'm just a blogger. I need you to help rectify this matter. UPC is clearly institutional injustice and it's moreover unconstitutional in at least several states. I'm sure you're aware of this already; you brought this up on the record. I've covered this before.

Can we have a discussion about this over the telephone? Do you want me to send you any supportive material?

I need your help as my representative. I spent like 1,000 hours writing about the UPC, but I am not a politician and I have no access to the EP.

Kind regards,


The MEP has since then responded and some journalists also got in touch.

There are also ongoing tensions at the EPO, which is related but not the same. It is what it is. We've not been keeping up with UPC, but the lobbyists lied too much and hope they get cold feet. The last thing Team UPC needs right now is an epic controversy like a court run by corporations as 'judges'.

There are other issues as well, technical aside from the legal.

"They have some delay with the IT system," one person told us months ago, but "Germany will ratify in December."

"There are forces of resistance and some of them will be described in a future and perhaps even imminent post."Well, that's not going to happen. They told us that in December 2018 the FCC would toss out the UPC complaint. That did not actually happen (the opposite outcome came and only in 2020); it was a commercially and politically motivated false rumour. "I suspect Karlsruhe to also [trying to] protect the [German] patent system," one person told us, and "that's why their decisions are 'political'."

The main barrier may be the public realising what they're up to. "Now it's pretty clear Karlsruhe found an excuse not to escalate to CJEU," the person added, "because the lobby behind controls the ministry of justice and wants the UPC [to enter] desperately into force."

There are forces of resistance and some of them will be described in a future and perhaps even imminent post.

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