Bonum Certa Men Certa

Sam Gyimah Did What Was Expected Since 2016, But Unified Patent Court (UPC) is Still Completely Stuck in Most Important Country and Is Not Compatible With Brexit

Brexit too is a problem, not just some piece of paper which the government has said for 1.5 years that it would sigh

German and English UPC



Summary: While deliberately ignoring Brexit, which legal professionals have said for nearly 2 years makes the UPC untenable, Team UPC pretends there's a rosy future for a system that's stuck in the middle of nowhere because it is neither constitutional nor desirable

We have, by now, seen some responses to last night's response/rebuttal to the Unified Patent Court (UPC) news, noting that British participation would not be compatible with Brexit and there are other very major barriers, including serious EPO abuses. To suggest that the UPC would happen is wishful thinking or lobbying. We mean false prophecy lobbying style.

Team UPC is not happy with what I wrote about the UPC last night. I've evidently struck a nerve. Someone who blocked me is now heckling me. Notice the lack of substance in these people's responses. Darren Smyth (IP Kat UPC booster) claims that I said something that I never even said! First of all, I did not say they would not ratify but that it would make no sense at all even if they did (as they had said they would). Secondly, I said there would be many practical barriers. None of these have changed.

Ratification is "work in progress" or "still in the process" actually; as the relevant individual put it: "And here are the files we lodged today with @EUCouncil - the UK ratifying the agreement on the Unified Patent Court..."

"To suggest that the UPC would happen is wishful thinking or lobbying."As expected, people who are an inherent part of law firms and/or Team UPC are boosting it -- all this while avoiding even the mere mention of Brexit and other issues. Those have not been addressed at all! This was mentioned by Francisco Moreno‏, who wrote in Spanish something which roughly means: "And Boris took his pen, ratified the unitary patent, and his instrument was deposited in Brussels. Now it all depends on the judges of Karlsruhe."

Found via this tweet was the official page (not some junk "tweets"). "Our ratification brings the international court one step closer to reality," it says. They wish. "The unique nature of the proposed court means that the UK’s future relationship with the Unified Patent Court will be subject to negotiation with European partners as we leave the EU," they added. Well, if they leave the EU, then they cannot participate in a UPC-type system.

Team UPC links to CIPA. To quote: "Note that they are sticking to the line that the UPCA is "international treaty" but acknowledge UK’s future relationship "will be subject to negotiation". Suitably non-committal - no strong hint in either direction!"

"As expected, people who are an inherent part of law firms and/or Team UPC are boosting it -- all this while avoiding even the mere mention of Brexit and other issues."So it's hardly final at all. Just like we said all along. CIPA's tweet said: “Ratification...demonstrates that internationally, as well as at home, the UK is committed to strong intellectual property protections” - IP Minister Sam Gyimah announcing UK ratification of the UPC #UnifiedPatentCourt #upc pic.twitter.com/7HdTzLrDqc – At Houses of Parliament"

Dr. Glyn Moody joked at this when he wrote: "it also means a European court will tell UK companies what to do, and they must obey - that "taking back control" thing that #brexiters so love..."

Surprisingly, IAM, which had done a lot to promote the UPC for Battistelli, also acted quite cynical when it wrote: "The UK’s Brexit-backing press did try to make the UPC an issue, but it turns out that patents are just too obscure for even the most committed Europhobes!! [...] UPC scenario - a court in Germany deciding in favour of a French patent holder against a British defendant and issuing an injunction preventing the British company selling or distributing its product in the UK. How is that taking back control?"

That's why it can't quite happen.

Over in Germany, JUVE's main person wrote:

UK ratifies UPC Agreement. What does it mean for the UPC implementation and some more details about the German constitutional claim. Our report https://juve.de/?p=338164


The cited article is in German.

"...Team UPC wants the patent system to be administered by somewhere that blatantly disregards the rule of law, Eponia (the EPO)."Managing IP, which was instrumental in UPC lobbying (it even set up lobbying events for the EPO), wrote: "The big uncertainty now is a German constitutional complaint against the UPC..."

Brexit also, as it can force undoing everything, like people have said since 2016 when Lucy predicted the move (eventually if not inevitably taken by Sam Gyimah).

"...don't expect to see much dissent in comments on such articles/posts; they 'sanitise' these to silence their perceived 'opposition', even if it's just legal professionals pointing out factual errors."As IP Watch put it some hours ago: "The system is administered by the European Patent Office, and the UK's ratification leaves Germany outstanding."

Well, Team UPC wants the patent system to be administered by somewhere that blatantly disregards the rule of law, Eponia (the EPO). And a tyrant like Battistelli; to them he's a 'good' tyrant because he supports their maximalist agenda; lawyers don't quite like laws, they just love money and if they can twist or break the law in order to make money, then so be it! That's the 'Battistelli way'...

Mind this new comment in IP Kat. A very frequent poster wrote:

If you want Bristows "take" on this, go to the Kluwer patent blog, to read the piece contributed by Alan Johnson. There's a comments thread there too. Sorry for the absence of a Link. My IT skills don't run to it, on the device I'm using now.


Alan Johnson wrote yet another post about it (maybe fourth), their second in just over a day in their blog in addition to at least two in Kluwer. In one blog there's no ability to comment, in the latter they're heavily censored. Earlier this year Team UPC basically decided to start deleting comments more aggressively; it had already censored comments for years, but months ago it took it up a notch and also openly admitted such censorship (previously Bristows staff attempted to deny it, i.e. it lied). Anyway, don't expect to see much dissent in comments on such articles/posts; they 'sanitise' these to silence their perceived 'opposition', even if it's just legal professionals pointing out factual errors.

Recent Techrights' Posts

"How Many Friends Do You Have?"
"Do bots count?" "Friends in Facebook?" "Does a girlfriend chatbot count as a friend?"
Solicitors Regulation Authority (SRA) Responds to Crises Only After It's Way Too Late
The SRA does not do its job. The new chief's job is face-saving PR in the media.
The Techrights Team Makes the Platform Faster
The infrastructure is already fast
France Does Not Need Digital Weapons Disguised as Social and as Media
French people lost interest in Social Control 'Media' (or Networks)
EPO "Productivity" Will Fall Off a Cliff If Examiners Stick to the European Patent Convention (EPC) and Follow the Real Rules
The EPO's "Cocaine Communication Manager" would hate to see the next "productivity" metrics
The Problem is Not Technology, the Problem is Really Bad Things Sold or Imposed as "Tech" (Like a Religion Built Around Technology)
Don't hate technology, hate the corporations that abuse it to promote coercion, exploitation etc.
Resisting IBM and EPO Corruption
Rise up against EPO dictatorship next week
Where Slop Meets Ghostwriting: It's a False Analogy
It's a false analogy
 
Links 18/02/2026: Gig 'Economy' Condemned, Microsoft Insulting/Stressing People With False Slop Predictions
Links for the day
Twitter Falling to 1% in Africa's Largest Nation (Algeria)
About 15 years ago the regime in Egypt got toppled (and others had been too) partly because of social control media such as Twitter
Mozilla Firefox Died in Afghanistan
Mozilla has been a complete disaster
Gemini Links 18/02/2026: Astronomy and Texinfo
Links for the day
Are IBM CEO and IBM CFO Ready for Financial Audit That Topples the Shares by 50% in One Day?
The same "chefs" that cooked up Kyndryl Holdings Inc are still in charge of the IBM kitchen
"Senior AI Reporter" at Slop Technica/Ars Sloppica Has Written Nothing in Nearly a Week, Did Conde Nast Suspend Him for Fake Articles With Fake Quotes?
Slop Technica/Ars Sloppica is having a serious credibility issue right now
Linux Foundation Puts Slop Images, Not Just Slop Text, in Linux.com
More of the same then
The Register MS Paid-for 'Articles' (Ads) Seem to be LLM Slop Again
If it's true that The Register MS is resorting to these marketing tactics, will they later delete the evidence (as they did months ago)?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 17, 2026
IRC logs for Tuesday, February 17, 2026
Microsoft Had Mass Layoffs Every Month Last Year, This Year It's Delaying a Lot to "Prove" Rumours That Crashed Its Stock... 'Wrong'
Building a bigger snowball for later
Red Hat Is Not a Company Anymore, Amid Bluewashing and Mass Layoffs It's Merely IBM "Division" or "Brand" or "Product"
systemd at this point is sort of like IBM/Microsoft thing
IBM suffers "worst weekly drop in six years", Microsoft's MSN calls it "buying opportunity"
Ask Cramer what to do
Still Some Slopfarms in View, Sometimes Targetting "Linux"
That's a total of at least 4 in Google News today, coming from 3 sources
Gemini Links 17/02/2026: 3D-Printed Stainless Steel Smartwatch and Gopher Bay Offline
Links for the day
Links 17/02/2026: Machine Rage and Microsoft Kills XBox Social Clubs
Links for the day
Links 17/02/2026: Why OpenClaw is Very Sleazy and Ars Technica Exposed as Hub of LLM Slop (Credibility Destroyed Overnight)
Links for the day
Benj Edwards (Ars Technica) Used Fake Articles to Promote Ponzi Scheme for Conde Nast and Its Client (Marketing)
What Ars Technica and Conde Nast do here helps defraud the general public
Slop Technica: Ars Technica Seems Like Repeat Offender, a Part-Time Slopfarm
The culprits are repeat offenders, but the publisher will never admit this in public
Only One in 50 Saudis Would Use Microsoft for Search, Almost Same as Would Use Russia's Yandex
If statCounter is to be trusted
Microsoft's "AI" Concerns Are All Indian (or Low-Paid Workers Who Work Extra Hours Unpaid)
portraying charlatans and frauds like they're some kind of visionaries and luminaries
Microsoft Turned Bing Into Censorship Machine of China, But Bing Is Pegged at a Mere 2% in Asia, Yandex is Bigger
Expect many Bing layoffs some time soon (like in past years)
Just Like The Register MS, Conde Nast's Ars Technica Has Just Publicly Admitted That It Published Fake Articles (Slop) Made by LLMs About Serious Subjects
Conde Nast might shut Ars Technica down to escape the bad publicity/association
Solicitors Regulation Authority (SRA) Way Too Slow to Respond to Financial Fraud at Law Firms, in Effect Helping Those Law Firms Defraud Many More People (Fleecing Clients)
Who will hold the SRA accountable for this?
Techrights Became a Hub for News That IBM/Red Hat Doesn't Want You to See (and Pays Mainstream Media to Distract From)
the more viciously the notorious organisation attacks the reporter, the greater the interest in what the reporter has to say
EPO's Central Staff Committee on Fourth Technical Meeting, Two Days Before First of (At Least) 4 Winter Strikes at the Second-Largest European Institution
“future orientations on the salary adjustment procedure”
IBM's Collapse Continues, Half of EU Countries to Have Mass Layoffs, "IBM Clearly Disinvests From Europe" Says IBM European Works Council
Recent publication
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 16, 2026
IRC logs for Monday, February 16, 2026
Gemini Links 17/02/2026: Alpenglow Industries' Closure and Gemini Server Issues
Links for the day
The Southern California Linux Expo (“SCALE”) or SCALE 23x Becomes Microsoft
It's not supporting the event, it is buying it.
Where Microsoft's Bing Cannot Even Reach 1% "Market Share"
Looking at "I" countries
Microsoft to Focus on Name-Dropping Buzzwords to Distract From Declining Business, IBM RAs (Layoffs) With Staff Stack-Ranked
Calling everything cloud or reclassifying as "AI"
Another EPO Strike One Week From Now, Local Staff Committee Munich to Discuss It This Week
Campinos MIA while Office staff goes on strike at least 4 times
Links 16/02/2026: Barack Obama Responds to Racist Cheeto and Benjamin Mako Hill Studies Online Communities
Links for the day
Gemini Links 16/02/2026: Task Completed by Avoidance and "Playing Again With Akkoma"
Links for the day
Happy Birthday (or Anniversary) to SoylentNews
"Happy Birthday SoylentNews"
Techrights' Architecture
Stability is the main goal
IBM Reduces the Thresholds for Acceptance (and the Salaries)
Are chatbots good enough as IBM staff?
When It Comes to Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
Linux Foundation Continues Falling Off a Cliff in Geminispace
Gemini Protocol will turn 7 this summer
Links 16/02/2026: cURL’s Daniel Stenberg Asserts That Slop is DDoSing Free Software, But Still Uses a Plagiarism and GPL-Violating Blender (Microsoft GitHub)
Links for the day
The Techrights Community Never Needed Money, Only Goodwill
We accomplish things by a track record of suppressed facts
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
Social Control Media is Just a Digital Weapon
Social control media is not social and not media
They Will Call Smart People "Luddites"
Is society "seeing the light"?
Microsoft Amutable Already Reveals That Its Focus Is Not Linux, It'll Promote "Remote Attestation"
This is basically an attack on Software Freedom, even if they toss around the brand "Linux"
More People in Chad Move to GNU/Linux
Last year we began to see GNU/Linux rising there - a trend which continues this year
Dr. Andy Farnell on How Universities and Culture of Education Got Crushed by "Technofascist Nightmare"
Farnell says he "already soft-quit in [his] mind"
Debt of Broadcom Grew by More Than 50%, Broadcom is Deeper in Debt Than Google
Expect many more cuts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 15, 2026
IRC logs for Sunday, February 15, 2026