Bonum Certa Men Certa

New Paper About the UPC Explains Why It is Bad for Small- and Medium-sized European Businesses

Dr. Ingve Björn Stjerna's latest paper

Ingve paper



Summary: A detailed academic analysis of the Unitary (or Unified) Patent Court reveals/concludes/asserts that it is being marketed or promoted using a misleading premise and promise

“Unitary patent” and court system – A poisoned gift for SMEs is the title of a new paper from Dr. Ingve Björn Stjerna, whom we mentioned here before because he closely studied the UPC for a long time (even before it was known as "UPC"). Based on the paper's PDF (permission granted for us to host a copy), there is a big gap between truth/reality and promotional claims (advertising). The SMEs are often being exploited by proponents of the UPC, who sort of 'hijack' the voice and SMEs and claim to speak on their behalf when they say that the UPC would better serve SMEs, not large corporations that often come from outside Europe.



Dr. Ingve Björn StjernaAs the paper states in relation to Europe, "SME are by far the largest employers, their problems are always the problems of their employees and thus of a large number of European citizens. For this reason alone, this matter deserves a broad discussion in the national Parliaments of the affected EU member states. Of the 25 member states having signed the UPCA, so far nine have ratified – of 13 necessary for its entry into force –, 16 ratifications are still open. Insofar, any interested citizen should bring the matter to the attention of the MEP competent for his/her constituency and demand that, prior to its ratification, a broad Parliamentary discussion on pros and cons of the “patent package” should be held. If it is to enter into force in the present form, especially SMEs will have to live with it, this will usually not be to their advantage."

We already wrote several posts here on why the UPC has nothing to offer to European SMEs and should thus be rejected. There are no pros that we can see, only cons. It's a con. When patent lawyers and their media assert that UPC would serve SMEs one needs to stop and wonder what kind of clients they have (maybe potential patent trolls or their victims).

To quote the abstract of the paper:

On 16 February 2016, the German Ministry of Justice and Consumer Protection presented two pieces of draft legislation for the ratification of the international Agreement on the Unified Patent Court. After the fees for the “unitary patent” have been fixed and a proposal for the court fees and the limits of reimbursable representation costs at the Unified Patent Court has been provided, the political promise that the new system would support small and medium-sized enterprises (SMEs) can be judged against the realities. It does not come as a surprise that it is not being fulfilled. Most recently, even the European Commission declared that cost risk would be so significant that SMEs required an insurance to cover it, while admitting at the same time that currently no such insurance is available. An overview on desire and reality as to the costs of the “unitary patent” and the Unified Patent Court.


In the face of EPO lobbying for the UPC (even a month ago in the UK) it is important for European citizens to speak out and to help stop the UPC, which is an unprecedented injustice much like TTIP and TPP. It's not at all for the interests of European; au contraire.

Recent Techrights' Posts

Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
 
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026
IBM's Senior VP of Infrastructure is Out, Silent Layoffs Still Going On
Some people imagine the CEO will also "retire" very soon (and "ahead of time")
Gemini Links 09/09/2026: Mechanical Cameras, "Super App", and Prusa Issues
Links for the day
SLAPP Censorship - Part 177 Out of 200: Manosphere Without Financial Transparency
It has moreover replaced a female worker with a male
Deadline Tomorrow (10th of September) to Appeal the EPO's Fleecing of Staff (Union to Make Legal Challenges)
Join them. Fight the good fight.
linuxstans.com Died, Then Came Back as Slop (LLM Junk)
Don't make the mistake or the assumption that merely 'dabbling in' or 'experimenting with' LLMs can be forgivable as it is a trust destroyer
Links 09/09/2026: GAFAM Fatalities in Miami International Airport, "Britain’s Health Crisis Is Becoming a Political Crisis"
Links for the day
Gemini Links 09/09/2026: "Adjective Is Subjective" and Walled Gardens
Links for the day
Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026