Bonum Certa Men Certa

Unitary Patent (UPC) Should Become Synonymous With Lies, Coups, Entryism, Lobbying and Bullying

Galileo Galilei and UPC



Summary: The 'church' of UPC can spread all the lies it wants; the downside is, its credibility has been exhausted and the UPC is still dead

I HAVE BEEN keeping abreast of the Unitary Patent or Unified Patent Court (UPC) since well before it was known as UPC. This monster has been around for nearly a decade and a half, but we only saw its shadow. Over the past couple of days, on at least 3 occasions, Benjamin Henrion presented evidence that the UPC is, among other things, a Trojan horse for software patents in Europe (not just at the European Patent Office (EPO) but also the courts). That's hardly surprising and we've been talking about it since before António Campinos and Battistelli were EPO presidents (and before it was known as "uni" anything; "community" and "EU" were common names back then).



Knowing that the USPTO now faces pressure from 35 U.S.C. €§ 101, the EPO hopes to ram the UPC down our throats and then spread illegal practices to the US (it openly speaks about this in position papers!). So there's more at stake than Europe's system alone.

"There are few exceptions and one noble person even submitted a constitutional complaint about it in Germany (he used to work for a Team UPC firm)."The patent 'industry' cannot stop for a moment to reflect, self-assess, and -- God forbid! -- be honest. There are few exceptions and one noble person even submitted a constitutional complaint about it in Germany (he used to work for a Team UPC firm). We still see some false predictions based on the Team UPC pressure groups/rumour mills.

Lexology promoted one earlier this week, relaying these words of Herbert Smith Freehills LLP's Rachel Montagnon. The opening paragraph alone: (there's lots more)

As those with an interest in patents will be aware, the Unified Patent Court is still not a reality. The final ratification of the Unified Patent Court Agreement (“UPCA”) required for the agreement to come into effect, is that of Germany (over 13 states having ratified including the UK and France, which, along with Germany, were the three states which were required to have ratified along with at least ten more, before the UPCA could come into force – see here for ratification details). Without the UPC established to enforce them, unitary patents cannot be granted. Germany’s ratification has yet to be received.


Yet? Notice the arrogant assumption -- all this because of some old interview that was condemned [1, 2, 3]. A month later?

We've meanwhile learned from Henrion that "with the UK leaving [the EU], if they want to get back in the UPC, there is some jurisprudence called AETR which says that CJEU is competent for deals made with non-EU countries, so if they insist on keeping the UK inside the UPC, the patent community will freak out... because the UK patent community always asked to keep the CJEU at bay..."

"This whole affair -- lots and lots of years of false predictions from Team UPC -- helped reveal their true nature."There's further information related to that (the patent microcosm's intentions and strategy), but we keep it private for now. We may come back to this some time in the near or distant future.

This whole affair -- lots and lots of years of false predictions from Team UPC -- helped reveal their true nature. They're liars (lying to us and to our politicians, as means of lobbying). They also digitally bully people into expressing opinions on cases that are ongoing and should be kept confidential (has anyone wondered why the complaint in German was kept private for so long?). The way we see it, Team UPC is a mob with expensive clothes. They may look "sharp" and "smart", but their coup evidently failed and they ran out of time. Reports from the complainant have served to reinforce suspicions of entryism inside high German courts. And again, if true, what does that tell us about Team UPC? He must be glad he abandoned that bunch. Better to live in fear, uncertainty and isolation (which ostracising a person/former colleague entails) than to live a lie, to spread a lie, to betray the European public. This man became to Team UPC what Galileo Galilei became to a church of superstition. Hence the Galileo Galilei photo at the top.

Recent Techrights' Posts

The Free Software Foundation (FSF) Has Un-cancelled the Best People, Just in Time for the Big 4-0
Mr. Oliva should have been there all along (since 2019)
Most "Modern" Technology Makes You Slower and Dumber
Because proprietary software makes you worse off
"What Comes After Free Software?" Wrongly Insinuates We've Reached the Goal (Prison is Not the Goal)
The oil tycoons use similar tactics against environmentalists, giving them fake "wins"
Making More Work Space
I learned the hard way that less is more in circumstances where more means distraction
MAHA is a Lie, Public Officials Never Valued Citizens' Health (They Still Value Private Businesses, Their Sponsors)
Reject demagogues
New Techrights Turns 2
Today starts the third year of the SSG-based Techrights
What Scares Them the Most is Independent News Sites That They Cannot Control and Censor
Wikileaks was a good example of this
If You Don't Control Your Online Platform, Then Someone Else is Controlling You
be (or become) independent
 
Links 23/09/2025: Japan Limits Uses of Skinnerboxes ('Smartphones') With Toxic "Apps", Fentanylware (TikTok) Tapped by "MAGAts"
Links for the day
Brett Wilson LLP Has Just Been Sued (by Their Own Clients!)
Vladimir and Alla Yanpolsky sued Brett Wilson LLP in BL-2025-001167 at the end of last week
The Complaint About Brett Wilson LLP - Part II - UK SLAPPs for Americans, SLAPPs for Profit
Brett Wilson LLP has a track record of this kind
Mayday: Optus emergency calling crisis
Reprinted with permission from Daniel Pocock
Links 23/09/2025: Massive Data Breach, Slop Versus Productivity, and Vista 11 Update Breaks Things Again
Links for the day
Code of Censorship
Extortion is peace
Free Software Foundation (FSF) Has a New Press Kit for the Weekend After Next Weekend (40th Anniversary)
miles better than social [sic] media [sic] quips, moderated by narcissists and oil tycoons.
Microsoft Had Two Waves of Mass Layoffs This Month (That We Know of) and It'll Get Worse for Microsoft Soon
Will the axe fall again by month's end?
Gemini Links 23/09/2025: Happy Equinox, Photronic Arts, and Perception Cognition
Links for the day
Lessons We've Learned After 17 Years of American Hosting
GAFAM is "all-in" with the "Trump agenda"
Back to Normal Now, We Plan to Do More In-Depth Series (or Multi-part Stories)
Articles (or series thereof) that contain philosophy are important to us
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 22, 2025
IRC logs for Monday, September 22, 2025
Microsoft Media is Panicking Amid Mass Layoffs Every Month, H-1B Fees, and "Seattle’s Tech Scene in Trouble"
In "late stage Microsoft", copyleft becomes proprietary
The Next Wave of IBM/Red Hat Layoffs Being Discussed Already
Red Hat is sort of disappearing the way Tivoli did
Oracle Started This Year With Slop. Then It Stopped.
Passing fads are like this
Distros That Run on PCs Made 20 Years Ago and Don't Use Systemd
Betas for now
The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
The Complaint About Brett Wilson LLP - Part I - Abusing British Women on Behalf of American Men Who Abuse American Women
Transparency is important to us, so we've decided to make this series
Slopwatch: Google News and the Evident Slopfarm Infestation
This is what people get about Linux when they query Google for Linux
Links 22/09/2025: Murdochs Might Join Fentanylware (TikTok) 'Investors' (Masters), United Kingdom Recognises Palestinian Statehood
Links for the day
Gemini Links 22/09/2025: Esperanto Music History and Apps For Android
Links for the day
Links 22/09/2025: More American 'Censorship' (Retaliation for Journalism), Cheeto "Might Be Losing His Race Against Time"
Links for the day
The Blob Slop
Give me more words, give me some text
The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025