Bonum Certa Men Certa

90% of WIPR Readers Give Up Hope on Unitary Patent (UPC) in the UK, But Team UPC Keeps Lying About It

Bristows EPO



Summary: UPC boosters carry on promoting the illusion of UPC inevitability (even in the UK), in clear defiance of common sense and basic professional integrity

SURVEYS from WIPR are not everything to go by (they typically involve people in the patent 'industry'), even though in the past they showed anything but UPC optimism. The latest survey apparently attracted the "second highest number of responses ever for a WIPR survey," but we'll come to that in a moment.



The UPC is not desirable to the UK. Firms in the UK (not law firms but firms that actually make things) object to it.

"The UPC is not desirable to the UK. Firms in the UK (not law firms but firms that actually make things) object to it."In relation to the article mentioned on Monday (behind a paywall), one EPO insider wrote that: "Apparently Mr Hufschmid is one of the EPO Inventors awarded in Venice this year!"

Battistelli, whose name is apparently Italian, chose Italy for his latest PR charade. Will Italy also take Britain's place? Many Brits seems to think so. Even Brits who are in the patent/litigation 'industry' and would prefer to believe otherwise.

Translations would, in the meantime, also be appreciated for this new article in German (it has just mentioned the good chances of Antonio Campinos as the next EPO President, bringing it under "EU" umbrella -- like the EUIPO Campinos is from -- in the form of UPC).

"...Campinos is already heading the rebranded (for EU) EUIPO and he is from a southern European country, more like Battistelli.""Campinos is spoken of as worse," one person noted (Campinos compared to Battistelli). Another added, "if humanly possible."

Campinos is Portuguese and we wrote many articles about him and his immunity (scandal from Portugal).

Either way, Campinos is already heading the rebranded (for EU) EUIPO and he is from a southern European country, more like Battistelli.

Italy might soon be chosen as a substitute for the UK in the UPC, according to what mostly British patent practitioners believe. To quote this latest from WIPR:

Nearly 90% of WIPR readers believe that Milan would be a good fit for the Unified Patent Court’s (UPC) central division seat should it be moved from London, according to a recent survey.

The seat, which is due to hear cases on chemistry, including pharmaceuticals and human necessities, is expected to be based in London, but this has been thrown into doubt following the Brexit vote.

These are the five top reasons that readers, who provided the second highest number of responses ever for a WIPR survey, think Milan would be a good replacement for London.


It certainly looks as though, based on various WIPR surveys (not just the above), there's no faith in the UK ever entering the UPC. But Kingsley Egbuonu, living in another parallel universe in London and working for the pro-UPC Managing IP (they have spent years promoting the UPC), does not mention what actually happened in the middle of July (Team UPC certainly noticed, but decided to mislead by omission) and pretends all is fine for the UPC in the UK. Watch yesterday's "progress [sic] report" from him (the part below is not behind paywall):

UK consents to UPC Agreement (UPCA) Protocol and will resume legislative procedure for UPCA ratification in the autumn, UPC IT team seeks user input, and Germany’s legislative steps for ratification criticised

UK consents to UPCA Protocol

The UK has deposited its instrument of acceptance to be bound by the UPCA Protocol. This Protocol allows parts of the UPCA which concern the court’s organisational structure, personnel and infrastructure to come into force early [...]



What a spectacular spin. And no mention about what happened in British politics 2 weeks ago? How come?

"Do they keep their head deep inside the sand or are they willfully lying, hoping that the lies can give the UPC some momentum?"Egbuonu wasn't alone. Innofy's weird "headline" that's just a two-sentence statement was also released yesterday: "The Unitary Patent system is currently expected to start in the first quarter of 2018. Naturally, we will keep you updated as soon as any further news is released."

Andrew Clarke sounds as deluded (maybe self-deluding) as Bristows.

Are they not paying attention to what has been happening? Do they keep their head deep inside the sand or are they willfully lying, hoping that the lies can give the UPC some momentum?

Currently, at the EPO, there is a growing crisis of governance and patent rules/scope. See one of the latest comments in IP Kat (from yesterday):

One of the aspects that have so far not been discussed is whether it would be legitimate for the Administrative Council to change the EPC with a retroactive effect: the change in the Rules is not to be applied to alle applications filed after the change, but to all applications and even patents pending before the EPO.

Normally, a change in law will not place a party in a worse situation. What has happened now is comparable by a parliament saying that all new cars should have safety belts, which not only would apply to newly sold cars, but also would apply to cars that have been sold so far and which are still driving on the roads. From now on, cars that are halted by the police and do not have safety belts will be removed from the road.

If this hypothetical car situation would become real, everybody would protest, even if it was felt that having obligatory safety belts was a good idea. Now, since it only affects a minimum number of companies/people apparently such a limitation of rights is gladfully accepted. From my perspective, I would vote that the EPO (or the European Commission) would compensate holders of these kind of patents (and/or applicants that filed these patents before the change of law) would compensate for loss of patent right (and consequently loss of income).



A response to this said that "the vast majority of those cases will have been filed in the knowledge that patentability of products of biological processes was uncertain. They took that risk, and for a small amount of time (between the G decision and the EU notice) things looked good, but surely compensation should not be available in these circumstances."

"The EPC itself is in a crisis and much of this causes the constitutional panic in Germany.""To my mind," added another comment, "this would have been an excellent topic of discussion at a Conference organised under Article 4a EPC. It seems like big legal issues like this where the AC is in danger of acting ultra vires would be the ideal subject for discussion."

The EPC itself is in a crisis and much of this causes the constitutional panic in Germany.

We don't believe that the UPC is going anywhere; neither do people who work in the field. But to some people (and their employer) it's all about money, not truth or accuracy.

"We are very concerned that Team UPC -- much like Team Battistelli -- has become so detached from facts that it's dangerous not only to itself but to everyone in the surrounding area."The Philippines, a country with very few EPs, has a new example of this, courtesy of Shilpi Saxena Jr from Khurana and Khurana. Watch yesterday's promotional puff piece; only days after a similar self-promotional piece about Patent Prosecution Highway (PPH). The truth of the matter is, the country is pretty irrelevant to the EPO, yet Battistelli used it in a desperate effort to make it seem like he's "winning" (the Trump way).

We are very concerned that Team UPC -- much like Team Battistelli -- has become so detached from facts that it's dangerous not only to itself but to everyone in the surrounding area. In the case of the UK, the British industry is greatly harmed by the likes of Bristows.

Recent Techrights' Posts

Dr. Richard Stallman Has Done No Harm to the GNU Project or the FSF (He Had Benefited Both, Always, Even After the Attacks on Him Began)
Some people try to prevent Dr. Stallman from speaking or having a platform where many people can hear him
Microsoft Isn't Denying the Mass Layoffs
Still silence from Microsoft
In Western Africa GNU/Linux Flirts With 5% Market Share
there's a gradual increase in GNU/Linux usage there
Gemini Links 09/01/2026: Pro1 X Repair and the Mercury Protocol
Links for the day
No, Microsoft Did Not Deny the Q1 Mass Layoffs (Microsoft Can Delay These)
Maybe they disperse or delay the layoffs (changing plans), but the layoffs are going to happen
EPO People Power - Part XXIX - Getting DER SPIEGEL, FAZ, Deutschlandfunk and Sueddeutsche Zeitung (SZ) to Cover EPO Scandals
We kindly ask our readers to contact their local media and urge it to cover the scandals
 
More IBM Layoffs in India
If IBM cannot afford to retain workers in India, then something is truly "out of control" at IBM
Escaping GAFAM Colonialism Requires Homegrown Free Software
GNU/Linux now measured at 3% in Zambia
GNU/Linux at 4% in Saudi Arabia, Says statCounter
Some years ago Windows fell to a "market share" of just 11% there
Links 09/01/2026: Cambodia and China Extradition, "NATO’s High-risk Patrols Near Ukraine"
Links for the day
Only One Person in Charge of Fedora is Not IBM Staff
This is not a community project, it's just a way for IBM to onboard unpaid volunteers
This Is Not a Drill, GNU/Linux is Really Going 'Mainstream' on Laptops (and Desktops)
It is important to explain to people software freedom
IBM Albany Layoffs
not only did many in the site lose their job; there's more to come "and likely another one in February" (weeks from now)
EPO Workers' Industrial Action to Include Many Strikes, to Last Several Months
In some ways, The Hague and Bavaria are becoming almost indistinguishable from Moscow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 08, 2026
IRC logs for Thursday, January 08, 2026
Gemini Links 08/01/2026: "New Year, Old Plans" and Alex's "Butlerian Jihad"
Links for the day
LLM Slop About "Linux" Scarce and of Very Low Quality
At this rate, we reckon there may be one (or zero) per day by year's end
IBM's "Forever Layoffs" (to Bypass Warnings or Notices as Required by WARN Act)
There is a bunch of speculations about when the next "major round" of RAs will be
Attempts to Undermine This Site's Latest Series Using Intimidation, Threats, and Presumptuous Accusations
threatening language is less effective when everyone is an alibi
Links 08/01/2026: "Golden Smartphone" Scam and Riseup Account Issues
Links for the day
Links 08/01/2026: Possible "Collapse of NATO Over Greenland"; Journalistic Malpractice and "US Voters Hate Slop"
Links for the day
EPO People Power - Part XXVIII - A Sensitive Issue for Germany and The Netherlands
If Germans who read this series can communicate this to public officials or to their media, maybe they can strike a nerve and get the ball rolling
Age Discrimination at IBM Discussed Amid Mass Layoffs (Especially in the United States)
Workers are anxious. Are they next to face the axe?
Gemini Links 08/01/2026: Potentiometer Calculator, Power Outages, Why You Should Abandon Discord for IRC (e.g. Ergo), and Formatting Gopher Posts
Links for the day
Links 08/01/2026: More Software Patents Squashed, White House Repeats Misinformation From the Kremlin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 07, 2026
IRC logs for Wednesday, January 07, 2026
The Free Software Foundation (FSF) Looking to Add Associate Members
"Celebrate '26 by helping us reach our New Year's goal before Jan. 16: join as an associate member today. You will help the FSF remain strong and independent to empower technology users everywhere. Join us today and help us reach our goal of 100 new associate members!"
Only Google is Still Spreading Lots of Slopfarms' Fake News and Plagiarism About Linux
2 days' worth of Google News spewing crap out about "Linux"
Georgia Institute of Technology (Georgia Tech) Formally Announces Upcoming Richard Stallman Talk
Room 100, Scheller College of Business
Links 07/01/2026: Europe's 'Binding Commitments' on Ukraine's Security, "Venezuelan Leaders Project Independence"
Links for the day
Gemini Links 07/01/2026: Smart Toaster and Social Control Media Fatigue
Links for the day
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Even Microsofters Now Speak About Microsoft Reportedly Planning to Sack 10% of Its Staff (as Early as This Month, or 2 Weeks From Now) as Real Income Falls
Microsoft buying from Microsoft isn't real income, it is accounting fraud
The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026