Bonum Certa Men Certa

Unitary Patent (UPC) Propagandists Are Louder Than Ever as Its Architect in Chief (Battistelli) is Probably About to Get Sacked

The 'danger' of democracy may become too much for the Unitary Patent Court to survive

Nothing new for Benoît Battistelli and Michel Barnier with their conspiracy to overcome democracy (imposed top-down) and shove UPC idealism down Europe's throat



Summary: The Unitary Patent Court, a deeply flawed system that almost nobody in Europe even knows anything about, is being negotiated behind closed doors and its leader, the EPO President (for now), may be on borrowed time

JUST as we're about to learn that Battistelli is history his biggest current 'project', the UPC, has patent lawyers panicking a bit, especially those who put all their bets (or eggs) in the UPC basket. Joff Wild of IAM (follow the money and the agenda [1, 2]) speaks for the EPO and the UPC (attributing mere claims of "success" to the UPC), making it two birds with just one stone. Cheerleading for the British government to fall into the UPC trap, i.e. running all over democracy by trying to make UPC happen without any public consultation on the matter, here is what came from the UPC propagandist (Ward) and a colleague [1, 2], only to be met with sceptical comments from those who aren't patent maximalists, e.g. patent lawyers. "Strange comments indeed about the UK re-joining the UPC after a Brexit," one person wrote. With context:



Strange comments indeed about the UK re-joining the UPC after a Brexit. I have yet to see an explanation (let alone a convincing one) of how that might work.

My main concerns, however, relate to the divergences in the laws of infringement for the four different categories of patents (national vs. opted out EPs vs. unitary EPs vs. not opted-out EPs). Given Spain's arguments relating to Article 118 TFEU, judges of the UPC may be reluctant to fix the matter (at least for the latter two categories) by relying upon direct references to the UPCA. Thus, significant problems could be caused by those countries that have ratified the UPCA without amending their national laws. With respect to the laws of infringement, at least France currently falls into that category - and, unless I have missed something significant, Germany looks set to follow suit.

What a fine mess we could be getting into!


"But such salaries are clearly insufficient to attract applicants from the EPO," wrote another person, "even taking into account the harshness of the working conditions." They are trying to slowly extinguish national patent offices and courts. The matter of fact is, UPC is anything but a done deal because many barriers remain, including Spain (we wrote a lot about this).

"Things that inherently work against Europe's interests shouldn't leap their way into law in spite of democracy."Some patent lawyers are evidently upset at my stance on this (see what I got last night from one [1, 2 3, 4, 5, 6]), but they only serve to reinforce my views on the UPC when they do this. UPC is good for large corporations (often from abroad), their patent lawyers (usually European), patent trolls, and of course software patents, based on a lot of internationally-renowned people who keep warning about this.

The UPC should go down into the ashtray of history, along with "Community patent" (another name for the same thing, promoted by Michel Barnier, who is close to Battistelli not just in the nationality sense, going back even half a decade ago) and Team Battistelli. Things that inherently work against Europe's interests shouldn't leap their way into law in spite of democracy.

Recent Techrights' Posts

Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
For the Second Time in a Few Weeks Microsoft Lunduke Makes False Accusations Against Senior Red Hat Staff to Incite a Despicable 'Troll Army'
Nothing that Microsoft Lunduke claims of says can be trusted
 
Links 03/10/2025: Lawyers Caught Using LLM Slop Explain Why They Did It, LibreSSL 4.1.1 and 4.0.1 Released
Links for the day
FSF Board Grew 50% Since Last Year, Has New President, Turns 40 in Two Days
It's a good move for the FSF and - by extension - for software freedom
Links 03/10/2025: Conflicts, Death of TypePad, and TikTok/CheeTok Gives a Boost to Far Right Groups in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 02, 2025
IRC logs for Thursday, October 02, 2025
Slopwatch: Linux Journal, Google News, and LinuxSecurity
They carry on polluting the Web with fake articles
Gemini Links 02/10/2025: Kubernetes With FreeBSD and robots.txt
Links for the day
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day
Slopwatch: Plagiarism, Fake Articles, and FUD About Linux
not a day goes by without Google News feeding FUD from slopfarms
Gemini Links 01/10/2025: Chat Control and End of Life
Links for the day
Links 01/10/2025: Long Covid Risk Reiterated, "Bitcoin Queen" Caught
Links for the day
Links 01/10/2025: EA $55 Billion Deal is Debt and Slop "Raises Vishing Risks"
Links for the day
Bluewashing at Red Hat Means Redundancies
The man who sold Red Hat to IBM meanwhile became a Microsoft Mono booster
After Killing OpenSource.com, IBM ('Red Hat') and OSI Told Us OpenSource.net Would Replace It (But That Didn't Happen)
Now it's time to move on, perhaps tarnishing the "Open Source" label some more (for whatever sponsor wants this)
Linux is Not a Community Project, It's a Wall Street Product
The core goal should be freedom
Bad Actors Abusing the Free Software Community, Vandalising It Using Rogue Politics and Old Tactics
Oil giants have long attempted to do this; now, the digital equivalent of Big Oil does this in technology
Social Control Media Isn't the Future, The Federation or Fediverse Isn't Growing, People's Accounts Vanish for Good
users' accounts will get deleted, not just become inactive
IBM is Failing, This Helps Show Wall Street is Entirely Detached From Actual Commercial Performance
IBM is unable to grow, it's just constantly shrinking
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 30, 2025
IRC logs for Tuesday, September 30, 2025
Clerical Aspects of Publishing and Development
In Free software, the management aspects are considerably reduced
Slopwatch: Fake Articles and Google News Promoting "Linux" Spam or Bot-Generated Fear, Uncertainty, Doubt (FUD)
These slopfarms help misplace blame
Third Wave of Microsoft Layoffs in September, This Time Many in Liverpool Affected
Be ready for more waves of layoffs ahead of the so-called "results" in late October