Bonum Certa Men Certa

The Unitary Patent and the Unified Patent Court (UPC): This Week's Latest Spin and Lies

The EPO wrote this (below) more than two years ago

UPC



Summary: The EPO has adopted a largely passive approach, choosing barely to comment at all on the UPC whereas Team UPC keeps repeating the same misleading if not patently untrue claims to perpetuate the notion that UPC is inevitable

THE EPO does not mention the UPC so much anymore. In fact, it barely ever mentions it at all. Ever since the complaint in Germany got 'docketed' the cabal of Battistelli mostly hid under a rock, choosing not to comment much on the corruption involved (it was more than political stunts and gross manipulation). António Campinos will likely be more of the same regarding UPC.



"Ever since the complaint in Germany got 'docketed' the cabal of Battistelli mostly hid under a rock, choosing not to comment much on the corruption involved (it was more than political stunts and gross manipulation)."Earlier today and yesterday [1, 2] the EPO spoke of this upcoming event (warning: epo.org link) which covers, as per the page: "Update on unitary patent protection" (litigation).

"António Campinos will likely be more of the same regarding UPC.""Three days left to register for the next EPO User Day," they said. "Need a review of the formal requirements in the European patent procedure and their implications for online filing? If so, this is the event for you..."

Notice how much of a side issue UPC is; it's just one bulletpoint in a very long list. This, in our view, represents a reality wherein the EPO basically chooses not to make promises about the UPC (for fear of further embarrassment, knowing that UPC isn't coming to fruition).

"Notice how much of a side issue UPC is; it's just one bulletpoint in a very long list."But what about Team UPC? These people spent (or shall we say wasted?) many years and plenty of money crafting this horrible thing and lobbying for its passage. Bristows, for example, having just flung copies of its UPC propaganda pieces at sites like Lexology (the patent microcosm, mirroring the corporate blog of Bristows), tells us we're supposed to think that UPC will kick off soon and the only remaining question is, who's in it? That's a classic Team UPC lie which we'll see more of in a moment..

"Spanish government provides further reasons for not joining unitary patent and UPC system," says the headline. Gemma Barrett and Manuel Rey-Alvite Villar wrote towards the end something which is at least instructive:

In addition to the language regime, the Minister indicated the following were reasons for non-participation:

the uncertainty of the system’s future due to both the challenge in the German Constitutional Court and Brexit;

a Spanish company would still be able to obtain a unitary patent and enforce it (outside Spain) in the UPC; and

the higher costs of litigation in the UPC than in a Spanish court, which would be a particular problem for SMEs.



All of these (3 reasons) are applicable to every single country in the EU, so why do some politicians agree to ratify (text which they never even bothered actually reading)?

Writing about Italy yesterday, IAM's sister site said this:

Italy is also a party to the Agreement on the Unified Patent Court (which was ratified in November 2016) and in July 2015 joined the enhanced cooperation on the unitary patent system. It has also been decided that Milan will host the Italian local division of the court.


"Will host" assumes certainty; but they meant "would" and the answer/outcome is likely "wouldn't."

They are talking about the UPC in future tense/s as though it will definitely happen/materialise, but the UPC is dead in the water right now. It may take several years for the negative outcome to be confirmed.

"They are talking about the UPC in future tense/s as though it will definitely happen/materialise, but the UPC is dead in the water right now."IAM's sister site also wrote about Saudi Arabia on the same day and it was so full of patent maximalism. It's not hard to understand considering this network's funding sources. Here they go on about the GCC's "unitary patent" (not the same thing): "In 1992 the GCC approved a patent regulation that established a unitary patent right covering all GCC countries. The GCC Patent Office was established in 1992 in Riyadh, Saudi Arabia and started accepting applications in 1998. The GCC patent regulations were amended in 2000, notably adding in a novelty requirement for patentability. A GCC patent is valid and enforceable in all GCC states with no need for further validation steps."

Going back to the EU-centric "unitary patent", watch Claire Wallis, Tobias Reker and Coreena Brinck (CMS Cameron McKenna Nabarro Olswang LLP) making some dubious claims, such as:

Finally, the last hurdle the UPCA currently faces is the pending court case before the German courts as to whether the participation of Germany in the UPCA and UP is unconstitutional.


No. Not last. Because the UK cannot participate either. Brexit is arguably far bigger a barrier than the constitutional complaint, which actually ties into it (Brexit is brought up as one of four core arguments).

"Brexit is arguably far bigger a barrier than the constitutional complaint, which actually ties into it (Brexit is brought up as one of four core arguments).""If the German complaint is found inadmissible it is possible that the UPC may finally come into force, by the end of 2018," it concludes. Not really, that's the EPO management's talking point. And it's as misleading as can be. The EPO has been making promises like these for a number of years (projecting the start of UPC just months ahead); it was always, without exception, in vain.

REGIMBEAU's Stéphanie Celare continues to spread Team UPC's lies as well. All the above are from yesterday, just like this one. In short, the UPC simply cannot start without the UK and the UK cannot participate; that's aside from serious corruption that served to impede and ultimately stopped UPC ratification in Germany. To quote Celare:

Will the UK be part of the Unitary Patent System after Brexit? The UK's future relationship with the Unified Patent Court will be subject to negotiation with European partners as they leave the EU. Now the UK Government has ratified the UPC Agreement, it seems clear that the UK wishes to be part of the Unitary Patent System after Brexit, and to maintain a branch of the Unified Patent Court in London. Some amendment to the UPC Agreement will however be necessary to enable such a scenario.


This again is false; they're just reusing each other's misleading talking points, leading many potential clients to utter disappointment (not to mention waste of money). Team UPC is, to put it bluntly, a bunch of greedy and legally-aggressive liars. In fact, they either intentionally lie or are deeply deluded. They keep pretending that the only question about UPC is, "who's in it?"

"They try to silence those who correct them. It never ends well."This is bad legal advice if not malpractice. A lot of legal professionals have long been pointing out the same thing, whereupon Team UPC simply resorted to more flagrant censorship of blog comments. They try to silence those who correct them. It never ends well.

Recent Techrights' Posts

Microsoft Insiders: If You Don't Take the Lousy Severance-Like Offer, They'll PIP You Out (Microsoft Signals to People Over 40 That They'd Better Vacate the Place)
Microsoft targets its most experienced (read: expensive) workers
"AI" 16 Times in One 'Article'. The Register MS Got Paid to Post This Spammy, Promotional Piece of Slop.
Pay closer attention to who pays and who gets paid
Links 27/04/2026: Chernobyl Disaster at 40, "Heartbreaking" Decline of Australia
Links for the day
Gemini Links 27/04/2026: Gopher Catchup, MNT Reform, and Injuries
Links for the day
Red Hat Circling Down the Slop Drain
IBM, governed by slop fanatics, is going to do a lot of damage
Slop is an Addiction, Its Users Find It Addictive
please do not tolerate people who slop
The Corrupt Lecture the Non-Corrupt - Part VII - Secrecy at the EPO (Regarding Cocaine and Nepotism) Has Undermined Trust in Management
If Europe's second-largest institution is run by the "Alicante Mafia", does this mean that other key European institutions are "Mafia"?
SLAPP Censorship - Part 59 Out of 200: Mentioning the Fact Alex Graveley Arrested and Charged for Strangulation in Texas is "Reckless" and "Malicious", According to His 'Hired Guns' in London
it was framed as "malicious"
Links 27/04/2026: Strikes, Corruption in Spain (Spanish PM Sanchez' Wife), and YouTuber Faces Jail Time
Links for the day
Gemini Links 27/04/2026: Gopher Catch-up, Year of Contentment, and Path to Freedom
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 26, 2026
IRC logs for Sunday, April 26, 2026
Journalistic Malpractice: Helping Microsoft Paint 'Voluntary' Layoffs (Before PIPs) as "Buyouts"
What does this tell us about today's media?
The Man IBMers Regard or Already See as Likely Successor of Krishna (or Next CEO of IBM) is a Slop Fanatic
How dangerously misguided
The Corrupt Lecture the Non-Corrupt - Part VI - Management of the European Patent Office (EPO) Covered Up Cocaine Use, Even Colleagues Not Informed
the self-described "fu--ing president"
SLAPP Censorship - Part 58 Out of 200: 5RB and Brett Wilson LLP Helped Garrett and Graveley Make Equivalent of GAFAM NDAs Superficially 'Enforceable' in the UK, Using Threats
laziness results in many hours and high lawyers' fees
Who Controls Fedora? IBM and GAFAM.
Don't for a moment believe that IBM understands GNU/Linux. We are quite certain nobody in IBM's Board of Directors uses it.
State of Slop About GNU/Linux
As the incentive to publish is reduced (competing with slop is no fun), the effort/money invested in stories goes down
Links 26/04/2026: Korean Inflation, GLP-1 Drugs Linked to Cognitive Impairment, Lithuania's Public Broadcaster LRT Besieged
Links for the day
Hopefully Smooth Sailing in OS Upgrade
There are some contingencies at hand
Links 25/04/2026: "Horrible Economics of AI Are Starting to Come Crashing Down", More Restrictions Placed on Social Control Media
Links for the day
Getting Aggressive Suggestive of Loss - Part IV - Shutting Down My Existence
Would anyone out there tolerate such messages sent from burner accounts?
Gemini Links 26/04/2026: Gemini Movie Database (or GeminiMDB) and Star Trek III
Links for the day
Weeks Before Linux Removed Over 100,000 Lines of Code Due to Slop 'Bug Reports' Microsoft Paid 'Linux' Foundation to Advance Slop in the Name of 'Security'
What can possible go wrong? Both for security and for stability.
Tracking Ages of People
To stay "safe" tell us your age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 25, 2026
IRC logs for Saturday, April 25, 2026
"A single witness shall not rise up against a person regarding any wrongdoing or any sin that he commits; on the testimony of two or three witnesses a matter shall be confirmed." (Deuteronomy 19-21)
The spouse of Garrett repeatedly points out that Garrett can barely code or can only do so very poorly
Rust People Sabotage Stability for the Sake of a Falsely-Promised 'Security'
Set aside severe performance issues, poor handling of "edge cases", general bugs, lack of compatibility, and even crashes
SLAPP Censorship - Part 57 Out of 200: 5RB and Brett Wilson LLP Made the Garrett and Graveley Particulars of Claims a Lot Like Photocopies!
They seem very much irritated that I speak about this
Huge Strike at the European Patent Office (EPO) This Coming Friday (May 1st)
International Worker’s day
Links 25/04/2026: Nokia Wins Embargo in Kangaroo Court Where Judges Are Salaried Nokia Staff (UPC), Allison Pearson Defamation Case (UK) Succeeds, Smokey Robinson and "Puff Daddy" (US) Fail
Links for the day
Gemini Links 25/04/2026: Weekly Echoes, Gemtext Tables, and Using Offpunk
Links for the day
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day