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

Omarchy is Already Dying
Same as the life cycle of slopfarms
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
 
Clownflare: More Than 1 in 5 Laptops or Desktops in El Salvador Run GNU/Linux or ChromeOS
Clownflare Radar reckons it's more like 20%+ now
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026