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

Small is Beautiful (in Cascading Style Sheets/Inheritance Rules)
If done correctly, pages can take a tenth of a second to fully load
Microsoft Has Fallen to New Lows in Hong Kong This Year
That Windows "market share" falls there is perhaps expected
Free Software Foundation (FSF) Raised About 1.5 Million Dollars This Winter, Almost 50% More Than in All of 2024 Combined
Verbal advocacy goes a long way
Spread the Word About EPO Strikes and Patent Injustices in Europe
Corruption in Europe is a real thing
The Register MS is Promoting Slop, Promotion Connected to Microsoft (Trying to Replace Judges With Microsoft)
marketing spun as "science"
He Did Not Have Enough Souls
A lot of the subjects we cover here no other site dares touch
When It Comes tom Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
"Mix Vale" is a Slopfarm
3 "articles" about "ubuntu"
Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026
Microsoft's Bing Down to 0.5% in Armenia
Microsoft does not want shareholders to see this
Libel by Bots: Unexplored Legal Area?
Liability can be traced back to the operator
Maybe Obvious, But Merits Repeating: A Lot of "Demand" for Slop is Faked, Manufactured, Fabricated by Dark Patterns, Bundling, Media PR (Deception/Hype) Campaigns
Over the past few years many products and services got rebranded as "AI"
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day
IBM's Accounting Claims Don't Add Up
IBM is an enigma. To Wall Street is claims to be doing extremely well, but insiders tell the complete opposite.
Links 13/02/2026: "Cofounders Fleeing MElon’s xAI" and IOC Opposes Solidarity With Ukraine's Fallen
Links for the day
IBM is Becoming "Garbage In, Garbage Out" (GIGO) "Just like Arvind and Krabanaugh." (CEO and CFO, Respectively)
There are some decent new comments about IBM this morning
Gemini Links 13/02/2026: Square Function with Diode Network and Calls Against Discord
Links for the day
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs