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

European Patent Office Illegally Gutting and Outsourcing Its Functions, Acting Like an Above-the-Law Commercial Business (It Won't Stop at Formalities Officers (FOs) and Classification Slop at the EPO)
breaking/violating laws and conventions
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
 
Links 19/09/2025: Press Freedom Dying in US, Anti-Austerity Strikes in France, and Alan Rusbridger to Leave 'Prospect'
Links for the day
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025
Slopwatch: Fake Articles, Fake Text, Fake Images, Negative Slant on "Linux"
Google News has lost its value; the signal-to-noise ratio has fallen off a cliff
Gemini Links 17/09/2025: Relax-and-Recover on Proxmox and New Smolweb File Transfer Service
Links for the day
Fact: EFF Got Corrupted by Corporate Money. Microsoft Lunduke (Political Noise): The Issue With EFF is, It Kills Babies.
Microsoft Lunduke - as usual - finds a way to make it about abortions
Pacing Publication Up a Bit
The news cycles have gotten rather light and slow
Links 17/09/2025: Power Outages, Digital Controls, and Attacks on the Mainstream Media (by Insecure and Corrupt Dictators)
Links for the day
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day