Bonum Certa Men Certa

New Evidence Emerges, Showing That Unitary Patent (UPC) is Indeed an SME Killer That Negatively Affects Europe for Patent Lawyers' Sake

Trojan horse



Summary: A newly-released PDF sheds light on the grave injustice planned for the Unitary Patent Court, Europe's secretive and highly damaging new system, whose architects are mostly patent lawyers and other patent profiteers that serve large international corporations

More evidence, ironically from the UPC's biggest boosters, starts to surface, unveiling the truth or the ugly face of the EPO's 'baby', the UPC (the EPO spends a lot of money promoting this). There is a very dark side to the UPC in Germany, where patent lawyers even interfere with the legal system in an effort to wheel in the UPC Trojan horse [1, 2]. This is a coup d'état which European citizens are unaware of.



According to this new comment on a new IP Kat article, the Battistelli-led EPO is so eager to 'improve' numbers that it grants bogus patents, not just extending/expanding the scope/boundaries of patents (UPC would probably usher in software patents, as high-profile people repeatedly warn). As the commenter put it, "I see the corresponding EP patent has just been granted after the examiner raised an objection relating to the priority claim and cited a PhD thesis. The priority filing looks questionable as to whether it discloses the "same invention" as per EPO-speak. The inevitable opposition should be interesting."

“11K for a declaration of non-infringement seems a bit prohibitive. Hardly encouraging/enabling a 'clear-the-way' attitude.”
      --Anonymous
Commenting on this new article from UPC booster Annsley Merelle Ward (also IP Kat, not just pro-UPC propaganda sites), one person says "11K for a declaration of non-infringement seems a bit prohibitive. Hardly encouraging/enabling a 'clear-the-way' attitude. Good for patentees when infringers are small fry."

The UPC, as it stands at the moment, has one major barrier. It's not countries that won't sign it (Spain, UK in case of Brexit etc.) but an actual democratic debate (the UPC is antidemocratic). Right now this whole process is taking place behind closed doors. It's like some kind of secret trade deal. Courts are being set up in London before there is even a British referendum, in order to make the exit barrier (exiting UPC) incredibly high.

“UPC action to revoke a patent will cost 20.000 EUR. Infringement actions at least 11.000 EUR. Lawyers not included!”
      --Kristof Neefs
The UPC is -- by most indications (in spite of the international secrecy) -- indeed what we warned about all along. It would be an SME killer if it ever became a reality. As another person (Kristof Neefs, who says he is an IP, media and technology lawyer) put it: "UPC action to revoke a patent will cost 20.000 EUR. Infringement actions at least 11.000 EUR. Lawyers not included!"

Why would you need to revoke a patent? See the second paragraph above. The Battistelli-led EPO is a joke when it comes to examination (often if not increasingly rushed) and Battistelli is totally clueless about it, or maybe just in denial, i.e. willfully ignorant.

Managing Intellectual Property (MIP), a proponent of the UPC (like most patent lawyers out there), pretends that the UPC is already here (but it's not inevitable).

What needs to be done right now is dissemination of information about the UPC, which the European public (more than 95% of it) knows nothing about. Currently, the UPC is being promoted by the very same people who would benefit from it, whilst everybody else has no voice. It would be good news for patent parasites and patent lawyers (look who's excited about it) and we know at whose expense. Everybody would be harmed. Recall our recent article titled "UPC: To Understand Who Would Benefit From It Just Look at Who’s Promoting It (Like TPP)".

"This is like Koch Industries celebrating passage of ISDS."CIPA too is promoting the UPC right now. Remember what CIPA stands for. It's just a big bunch of patent lawyers lobbying for their interests at the very heart of Europe, trying to tax everyone while nobody (whom they tax) is paying attention. As CIPA put it: "The #UPC Preparatory Committee confirms there will be no opt-out fee. Big vote of confidence in the new system!" The UPC boosters (like Jane Lambert in this case) only care about EU membership because of patents!

This is like Koch Industries celebrating passage of ISDS. Anything like ISDS would give such a malicious corporation the power to pollute without government interference (because interference might harm Koch Industries' shareholders). We need to stop these people before it's too late. The UPC is a huge danger to Europe, which is an SME-based economy.

Recent Techrights' Posts

XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
Fake IBM Retirements (IBM Gives Older Workers Ultimatums, Deadlines, and Carrots on Sticks)
As they point out, IBM is desperate to lower costs
 
We Will Never Allow the "Alicante Mafia" to Hide "Cocainegate"
transparency typically scares malicious actors
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day
Linuxiac is Basically a Fake News Site, But It's Being Fed by Google News
Because Google News is run by Google, a slop pusher
Links 25/01/2026: Slop "Tribalism", Nike Apparently Cracked
Links for the day
Claims That PIPs Are Abused for Silent Mass Layoffs at IBM (Without Severance) or Forced Retirements
Performance Improvement Plans (PIPs) "clearly bogus as everyone on my team who has been on one has been fired"
WebM Version of Richard Stallman's Latest Talk (Georgia Tech Talk)
The file size is smaller
After Half a Decade Vista 11 is Still a Giant Failure
Don't expect Microsoft to gain a foothold
Details on IBM Layoffs in the EU Last Week, Same Allegedly Coming to the US Shortly
"Around 50 people affected in Belgium."
Technology Trends Driven by DRM Giants, Planned Obsolescence, Not the Needs of the Buyers
The "pushers" think of customers as "users"; and they encourage passivity, Stockholm Syndrome
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?
Projection of Fanatic From Microsoft
Microsoft Lunduke is pandering to the 4Chan 'crowd'
Digg.com (Digg) is a Censorship Platform, Just Another Social Control Media/Network, Controlled by the Few
We are not going to bother with any social control media
Spam, Slop, and Fake 'Articles' Regarding "Linux"
Serial Sloppers like these are harming real reporting about Linux and GNU
Rape investigation dropped: Will Fowles & ALP transgender deception
Reprinted with permission from Daniel Pocock
Diversity, Grooming & Debian transgender Zero
Reprinted with permission from Daniel Pocock
Pauline / Maria / Alice Climent(-Pommeret) & Debian transgender offensive cybersecurity deception
Reprinted with permission from Daniel Pocock
Did judge with transgender sister & Debian conflict of interest help cover-up a death?
Reprinted with permission from Daniel Pocock
Giving a Voice to the Community (Even When It's Inconvenient or 'Scary')
Once upon a time we were threatened with deplatforming for merely reposting articles by Daniel Pocock; we no longer have this problem
Links 24/01/2026: CBS News Demolished From the Inside and Many Publishers Admit Layoffs
Links for the day
Gemini Links 24/01/2026: Dreams and Raspberry Pi Zero 2W
Links for the day
Richard Stallman's First Talk in US College Since 2018: Videos and Photos
There are some backstories
Judge Richard Oulevey (Grandcour Choeur, Tribunal Vaud) & Debian shaming abuse victims and witnesses
Reprinted with permission from Daniel Pocock
Judgment: French army vanquishes German FSFE on Hitler's birthday, Microsoft contract dispute (1716711)
Reprinted with permission from Daniel Pocock
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026