Bonum Certa Men Certa

Ingve Björn Stjerna's New Book About the Unitary Patent (UPC) and Why It's Important

UPC is antidemocratic and the public is not being consulted at all about it

"It`s not the voting that`s democracy; it`s the counting."

--Tom Stoppard

UPC
Credit: ZBM patents



Summary: Roundup regarding the Unitary (or Unified) Patent Court, the latest incarnation of a long-going and nym-shifting effort to transform Europe's patent law, culminating in the publication of a detailed new book from Dr. Ingve Björn Stjerna

THE UPC is not a new thing. It's just the latest name of an old thing. I have personally been writing about it for many years and so have few people (other than patent lawyers and politicians) including Ingve Björn Stjerna. Going back to the Charlie McCreevy days (around 2008) and the Michel Barnier days (around 2010), it should quickly become abundantly clear that no matter how much resistance Europeans put up to stop this antidemocratic process, it just keeps coming back, usually with a new name that nobody knows anything about. Earlier this week MIP published this interview with Carol Arnold of Shell (yes, that Shell). Unsurprisingly, this covered the UPC. It said that "plans for the UPC have been met with mixed feelings. As the procedure for judge selection continues, many remain optimistic about the Court, while others become increasingly fearful about the prospect of forum shopping and patent abuse."



We have already written many dozens of articles about the UPC, in addition to hundreds more about the same thing under another name (e.g. "Community patent"). What will it take to stop this injustice? Well, in our experience, the best way to deal with this issue is simply inform people, whereupon those who promote this thing become too shy to promote it in public (it's career suicide) and everything cools down until the next rename, accompanying a new lobbying push.

Dr Ingve Björn Stjerna from Düsseldorf, Germany (we have mentioned him here several times in the past, e.g. [1, 2, 3]) was often cited here for his detailed analyses of the UPC. Not too surprisingly, based on some blog posts, he now has a book which costs nearly $100. As a patents-centric blog put it the other day, "German attorney and Certified Specialist for IP Law Ingve Stjerna is known to our readers as an alert and critical commenter of the UPC legislation process (see posts here, here, here, here, here) and constitutional issues. I do not know what was the reason to abandon the Opt-Out-fee but I think that Ingve's convincing arguments might have played a role."

Some of these helped show the role of Battistelli in UPC lobbying (even half a decade ago). So much for EPO as merely a patent office; it intervenes in policy.

Here is the cover of the book:

Ingve book cover



Stjerna's book is already having some impact. Pro-UPC circles seem a tad worry. One who has criticised the lack of UPC transparency and some legal shortcomings says: "New book on #UPC - 'The Parliamentary History of the European "#UnitaryPatent"' by Dr Ingve Björn Stjerna" (linking to the reviews/purchase page).

When a UPC critic (even if diplomatic/polite) writes a whole book it really means something because never before was there such an extensive body of information about the UPC in one single place. This book on the "unitary patent package" might actually give politicians -- if not patent lawyers too -- something to think about before blindly accepting the UPC as something beneficial because "unity" or "community" or some other euphemisms along those lines (calling it "Corporate patent" or "Wider litigation patent" wouldn't be so wise, would it?).

See the new article titled "One Patent Law, Two Economic Sectors: Is The One-Size-Fits-All Patent Law Still Workable?" Another reason why the UPC would be a complete mess, impractical to implement, unworkable in practice and so on? It needs to be abolished before it even becomes a reality -- something which would devastate Battistelli and his ilk, that's for sure.

UPC critics are more widespread then we are generally led to believe because pro-UPC meetings are often restricted to boosters (e.g. by prohibitive costs to attend). Having written about the UPC boosters from Bristows recently, some input was sent to us anonymously. We wrote: "The Bristows folks presently act, e.g. in their blogs, as though Bristows is now a ‘think tank’ (part of the conspiracy of patent lawyers who try hard to make the UK join the UPC). This is a scandalous sham given that the British public is never at all consulted; it’s a sort of collusion, a TTIP/TPP-like corporate heist (with ISDS), and an attack on British democracy (for profits of those who are already super-rich, obviously)."

"Quite right," a reader told us. "But they're not the only ones and the British is not the only democracy being mocked here. Keep your eyes open, there's a lot to be said about this very aspect. For the time being you may find interesting the comment section of this article by Ms Ward." (she is from Bristows)

I clarified my singling out of Bristows as follows:

Yes, I read all the comments in IP Kat (via RSS feed, usually simplified HTML).

A lot of commenters in IP Kat are themselves patent lawyers and I don't share their view on the benefits of UPC, not as a programmer anyway.

I singled out Bristows because they're more vocal than the rest this way and if put under the limelight they might need to tone it down a bit, at least for their reputation (which is the only thing they go by).

I didn't mention Annsley Merelle Ward, I don't want to make it too personal. But it's not just her anyway.

As seen with TPP, companies and people shy away from publicly promoting when the response from the public becomes harsh.


"Informing the public is particularly difficult in this case," our reader stressed. "While anyone has at least some vague understanding of what TTIP or TPP are about, this is far more difficult with regard to patent litigation and its planned centralisation via UPC. Those having that insight and expertise are also the same people seeking to profit from the new system, so you will rarely find any well-founded critical voice. Bristows may be unusually loud, but others are far deeper involved and pulling strings in the background more discretely.

"An unusually revealing impression about law firm arguments in favour of the new system can be found in the comment section here, maybe you have seen this already."

This seems to have involved Wouter Pors of Bird & Bird The Hague (a UPC booster) and Ingve Stjerna. To quote Stjerna:

Truly a remarkable statement from Mr Pors.

If a partner of an international law firm declares that the law should adopt to the circumstances “where needed”, this speaks for itself. I always thought that, at least in states abiding by the Rule of Law, it was the law setting the standards and forming the framework for legislative activity on “what is needed”.

For Mr Pors, an end which he deems desirable seems to justify the means, even if this involves sacrificing some very fundamental democratic rights and principles, e. g. transparency. I am not sure whether such legislation can really be called “progress”, as Mr Pors claims.

We shall see what the European Court of Justice's position is.


Like Mr. Pors, Mr. Battistelli also seems to believe that the "end which he deems desirable seems to justify the means," as it applies both to the UPC and growing the number of patents (irrespective of quality and public interest). "Coming back to the idea of measuring the quality of the EPO's output," wrote another reader to us regarding the recent criticism of the EPO's questionable claims about 'results'. "There are two quality parameters which would be really informative:



"However, the EPO will never take the trouble to measure such meaningful parameters, because they're happy with numbers which mean little but which can be generated with practically zero effort."

One must remember that when dealing with non-scientists in this system (not the examiners) statistics are scarcely/barely grasped and policy is not facts-based. A lot of the UPC promotion seems to boil down to self interest -- not of scientists but of people who are milking science for their bottom line in the form of applications, litigation, etc. We cannot simply allow these people to dictate policy. ⬆

Recent Techrights' Posts

Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
 
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026