Bonum Certa Men Certa

Patent Practitioners: "The Unitary Patent Might be Able to Open the Floodgates for Software Patents in Europe"

The US patent system may be getting exported to Europe (a silent occupation), without even consulting European citizens on this matter

Park in Manchester



Summary: The EPO-backed Unitary Patent scheme threatens to bring software patents to Europe and along with them a lot of patent trolls from all around the world (especially the United States)

"The Unitary Patent might be able to open the floodgates for software patents in Europe," says this new analysis, published earlier today in a lawyers' site. It echoes many of the warnings from the likes of FFII, among other European groups that have repeatedly warned about the Unitary Patent (UPC).



"It echoes many of the warnings from the likes of FFII, among other European groups that have repeatedly warned about the Unitary Patent (UPC)."The long piece is titled "The Murky Waters Of Software Patents" and it's not as positive as one might expect. Given the publication it comes from (pro-patents), it's hardly surprising at all. "Software patents," says the author, "have been the subject of much debate – not only in the US, but also in Europe. This has been a thorny issue for many years and the future of software patents still remains unknown. At the outset, a breakdown of the differences between patents and copyrights will highlight why the patent is the form of intellectual property which is proving to be the most problematic with regards to software."

The author later alludes to Alice, which we may write a lot more about tomorrow. "In the US," he says, "software patents have been in existence since the early 1970s, but courts have recently started to reject software patents. The courts have ruled that simply "doing something on a computer" does not enable one to obtain a software patent on the matter. After hundreds of thousands of patents being issued, it became clear that there needed to be more restriction and the courts have recently been invalidating patents that were already granted. In 2014, in the landmark Alice Corp judgment, the courts stated "the mere recitation of a generic computer cannot transform a patent ineligible abstract idea into a patent eligible invention." Thus the US is now retreating from its original position of granting software patents somewhat liberally."

Then the author writes about Europe, in particular about the effects of the UPC. "The Unitary Patent," he explains, "is a very recent brainchild of the European Patent Office. Through one single request, one will be able to obtain patent protection in 25 member states (Spain, Italy and Croatia are not currently participating). This patent will be subject to the exclusive jurisdiction of the Unitary Patent Court, which will comprise of a court of first instance, a court of appeal and a registry.

"The rulings of this court will affect the Member States who have ratified the agreement. The EPO hopes that the establishment of the court will add to more predictability in proceedings and avoid parallel litigation. Since all unitary patents will thus have their own court, there is also an expectation of faster and more efficient procedures than if these were to be held in the relevant Member States. So far, seven Member States have ratified the agreement – and Malta was among the first to do so. It will come into force once it has been ratified by thirteen states, which is expected to be around 2016. Nevertheless, the position of software patents under this new patent system will remain to be seen. When it comes into force, it will lay the cornerstone for more debate on the subject – as being able to achieve a unitary software patent will mean that it will automatically be recognized in all the Member States.

"The Unitary Patent might be able to open the floodgates for software patents in Europe, since if it allows for software patents, they will become immediately applicable in all the EU Member States. The same might be said for the contrary – however, the fact that the EPO allows for a Unitary Patent court of appeal means that this discussion might go on for years to come."

Another site of patent lawyers now informs us of "Progress on the Unitary Patent". It says that "[o]n 10 July 2015, the Preparatory Committee (which handles all the subsidiary issues arising from the creation of the Unified Patent Court (“UPC”), such as HR or IT management) met to discuss the last (18th) draft of the Rules of Procedure for the UPC. They are expected to reach an agreement on a final set of Rules in October 2015.

"The draft Protocol on Provisional Application of parts of the Agreement on a Unified Patent Court was also on the agenda as well as the salary package of the judges, the privileges and immunities of the UPC and the division of costs and responsibilities."

According to this, Portugal too has caved in without even consulting or liaising with its citizens. What a coup!

"Confirmation of Portugal’s ratification of the UPC Agreement was published on 6 August 2015," says a site about the UPC, "in the country’s Official Gazette of legislation. In the Diário da República Eletrónico, the Decree of the President of the Republic No. 90/2015 indicated that Aníbal Cavaco Silva had approved the UPC Agreement on 30 July 2015 following Parliament’s approval (No 108/2015) on 10 April 2015; a certified copy of the original UPC Agreement was also published in English and Portuguese. See here."

Here in the UK as well, without even consulting citizens, the government is now preparing for the UPC. Nobody voted for it. This just serves to show how undemocratic the European Union has become, possibly even worse than the EPO alone.

What happens here is similar to what happens in New Zealand right now [1, 2, 3], with persistent efforts to thwart the law (a law banning software patents) through all-encompassing 'trade' deals, effectively 'laundering' the law at the behest of rich and powerful people who collude in secret. In New Zealand, the loopholes for software patenting have thus far been similar to Europe's "as such".

Recent Techrights' Posts

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026