Bonum Certa Men Certa

People Are Belatedly Asking All Those 'Awkward' Questions About UPC and the Lies Told by Team UPC

Team UPC is 'sanitising' (deleting) comments it does not agree with (or aren't good for Team UPC's financial agenda), but can it hide the truth forever?

Alex Robinson



Summary: In spite of propaganda efforts (and attempt to suppress comments from UPC critics), people do manage to speak to one another about UPC lies and false underlying assumptions (e.g. that industry -- not a niche of law firms which profit from litigation -- longs for the UPC)

LESS than a week ago the bizarre (but expected) thing happened when Sam Gyimah tried to score political points with patent extremists. It was expected because Lucy had made a promise two years ago, causing backlash from rationalists and bafflement even among patent extremists. How can the Unified Patent Court (UPC) ever work in the UK after Brexit? The EPO has many member states that aren't in the EU (hence Brexit has no real impact on Britain's EPO membership, which predates the EU), but the same cannot be said about UPC. We have since the announcement written the following 5 posts:





We have been rather amused by comments -- the few of them that made the cut anyway. We're pretty certain that many are being censored because Team UPC already admitted deleting some (and attempted to defend this censorship by insulting people with other viewpoints).

"We have been rather amused by comments -- the few of them that made the cut anyway. We're pretty certain that many are being censored because Team UPC already admitted deleting some (and attempted to defend this censorship by insulting people with other viewpoints)."UPC booster IAM is careful not to say too much about the UPC, especially after getting exposed for receiving money from the EPO's PR firm (specifically for UPC promotion). Yesterday, IAM's Adam Houldsworth wrote about "the UK’s ratification of the Unified Patent Court Agreement [saying it was] capturing the headlines in recent days..."

This 'article' is actually the tired old promotion of CRISPR patents -- something which the EPO's examiners (in oppositions capacity) famously rejected some months ago. From the outline:

With news of the US Supreme Court’s recent Oil States decision and the UK’s ratification of the Unified Patent Court Agreement capturing the headlines in recent days, patent professionals might be forgiven for allowing a crucial CRISPR-Cas9 dispute to slip under the radar. But they would be wrong to do so. Described by a former Chief Judge as a possible “case of the year” for 2018, the Federal Circuit’s is today hearing an appeal in the dispute between the University of California, Berkeley and the Broad Institute – as well as their respective partners.


We were very surprised to see that Sam Gyimah's actions received virtually no press coverage. Almost none! Team UPC wrote about it, primarily Bristows with about 4 posts in just a couple of days. "Tweets" mentioned this, not always in a positive way. Here's one from FFII's Benjamin Henrion:

I wonder if the UPC UK ratification can still be challenged in front of the High Court. If it does not comply with some ECHR provisions, I wonder why not #upc #uk


Henrion was alluding/linking to this person who covers Brexit a great deal. He did not write an article about this, only a couple of tweets [1, 2] or more:

...going to have to do thread on because this is more than just amusing coincidence... ratification INCREASES jurisdiction of European judges, including some based in Luxembourg, in UK, further integrates UK into European single market, in a new Court which asserts primacy of EU law


2. So Boris Johnson’s signature has just ratified UK membership of a new European court that “shall apply [European] Union law in its entirety and shall respect its primacy”... ... when Govt policy is to end the jurisdiction and primacy of EU law in the UK...


"I didn’t think it would be long for the mainstream press to pick up on this," a law journalist noted, but by "mainstream press" he means a couple of tweets, not actual news coverage. He did not link to an actual press article. We might see some soon.

Writing behind a paywall, a niche publication of patent maximalists said: [via]

After many questions and calls for clarity, the UK has announced its ratification of the Unified Patent Court (UPC) Agreement.


Notice the sole comment there. "And the Brexit deal is negotiated behind closed doors, as most trade deals are in the "democratic" Brussels," Henrion told them.

"But perhaps the most interesting development/analysis happens in the comments thread in IP Kat (not posts/articles, which have been mostly UPC propaganda for the past couple of years)."As for Team UPC, one member of it wrote: "UK ratification of UPC and discussion about its compatibility with „taking back our laws“ may finally make it into the UK mainstream (as contrasted with legal/IP) media."

But perhaps the most interesting development/analysis happens in the comments thread in IP Kat (not posts/articles, which have been mostly UPC propaganda for the past couple of years).

Here's the latest:

Edyta - I think there is no point in analysing the logic of the ratification too much. Civil servants will probably be sorting out peripheral issues like IP in ways which gives the UK maximum flexibility whilst the central issue of the CJEU is worked out. As yet the UK has not developed the 'principles' which will guide our future relationship with the EU and therefore we have no idea what our eventual status will be in Europe. I suspect that apart from a few very sensitive areas like the status of EU citizens in the UK it will be impossible to have anything apart from a full departure from CJEU jurisdiction. However we don't know that at this stage, and so we need to keep plodding along with Brexit keeping all options open.


SMEs are then bought up:

I'm not saying it's not beneficial to UK SMEs for UK to be in the UPC, but I would like to ask WHY it is beneficial to UK SMEs, if anyone can help me out please?


It's a lie. It has always been a lie. On Monday evening the EPO wrote: "Do your work with start-ups? These case studies on the impact of #intellectualproperty rights on business success might interest you..."

"Why is Sam Gyimah trying to impress these dangerous patent zealots?"Of course that's a big fat lie. The EPO has even just used a hashtag for that lie, yet again: #IPforSMEs

The EPO generally believe that if it repeats lies over and over again, some of these might eventually stick.

This next comment from "SMEs and UPC, please stop the nonsense!" debunks the lies from Team UPC and Team Battistelli (specifically a lie about UPC being good for SMEs):

As far as the benefit for SMEs is concerned, be it in UK or elsewhere, one has to remember that the number of EP applications coming from EU member states is 35-40% at best.

As this figure includes all applications, you can guess that the number of applications coming from SME is an order of magnitude lower.

The EPO has published a study showing the benefit for SMEs from the patent system:

http://documents.epo.org/projects/babylon/eponet.nsf/0/FF76F6F0783153B7C12581A2004DA0D2/$File/epo_sme_case_studies_2017_en.pdf

From 12 SMEs presented, there was no British SME in the panel.

It is always tooted that SME can get a greater benefit through the UPC, but beside nice words, repeated like a Tibetan prayer mill, nothing concrete has been presented.

If they want to act against a infringer, the minimum fare at the UPC is 11 000€. If attacked, a counter-claim for nullity has a minimum price tag of 20 000€. I am not convinced that a lot of SMEs are prepared for it. For a while there was even question of a litigation insurance for SMEs. This project seems to have died.

You may thus draw your own conclusions, for any European SME in general, and British ones in particular..


The more these things are debated, the clearer it becomes that UPC is neither possible nor desirable in the UK. Team UPC, a small clique of aggressive law firms (including the one which Battistelli hired to SLAPP me), are the driving motor behind of these lies. Why is Sam Gyimah trying to impress these dangerous patent zealots?

It's clear why they delete comments. Any debate of actual facts puts UPC in danger.

Recent Techrights' Posts

Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
 
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026