Bonum Certa Men Certa

A Soup of UPC Lies Courtesy of the EPO, Patent Lawyers, and Large Clients (Like Multinational Corporations)

They want everyone to believe that nothing can stop the antidemocratic UPC

UPC impact



Summary: The Unified Patent Court coup, or the effort to push the unitary patent into Europe (using all sorts of different names and false claims), is progressing nicely if the self-fulfilling prophecy attempts are to be believed

WHENEVER we write about technical problems with the EPO we foresee it adopting the low standards of the USPTO (in terms of examination), which may also mean software patents in Europe. One emerging tactic for bringing about software patents is FRAND, which was mentioned in the previous post. Another is the UPC, which just like TPP threatens to bring software patents into Europe (the technicalities of this process were explained here many times before, including yesterday).



The Mirage of Appeals and/or Oppositions (for the Rich)



One problem we have is lack of information about the UPC. As we put it earlier this year, "The Media is Still Awash With Unitary Patent (UPC) Misinformation" and this is still the case. It should not be surprising given the fashion in which EPO officials and European patent lawyers habitually spread deceptive claims. NLO currently repeats EPO lies/spin regarding so-called 'results' [1, 2, 3] or other such statistics that are not complete. To quote: "Opposition before the European Patent Office (EPO) is a powerful tool for challenging the validity of a granted European patent. It is a way of obtaining a central decision of a technically qualified board that applies in all countries in which the patent is valid, thereby saving on litigation costs before individual national courts. Opposition success rates are high. In its most recent annual report (2015), the EPO revealed the chances of having a patent revoked (31%), maintained in amended form (38%) or maintained as granted (31%); 69% of oppositions resulted in a modification in the scope of protection of the challenged patent."

This is similar to PTAB in the US (inter parte reviews), but this overlooks the fact that this process is expensive and laborious. Small patent developers, for example, have neither the time/money nor motivation to pursue such a process. This means that this status quo remains heavily biased and thoroughly tilted against SMEs. Moreover, consider the UPC's likely impact on boards; they could soon be rendered obsolete.

Pretense (or Self-Fulfilling Prophecy) of Italian UPC Ratification



Now, consider what we wrote yesterday about Italian rumours regarding the UPC. The EPO, based on today's marketing, wants everyone to believe that UPC is good. It's not. We wrote about the UPC earlier this month in order to shed light on escalation in such propaganda tactics and now we see even WIPR acting upon hearsay, basing an entire article on patent lawyers who have an agenda and are thus not exactly objective a source for this, as we explained the other day. "According to Trevisan & Cuonzo lawyer Valerio Meucci," wrote the author to a large audience, "the minister of foreign affairs and international cooperation, Paolo Gentiloni, proposed the approval of the draft bill, which the government accepted."

This is a big mistake (if true at all). Italy opposed this for more than half a decade and there were good reasons for this. Some pro-patents people are now spreading this rumour around (they deny bias even though they describe their Twitter account as "Follow us for latest news and developments on European patent law and key milestones on the road to the Unified Patent Court") and one person wrote: "#Italy takes step to ratify #unifiedpatentcourt agreement http://bit.ly/1WUZG3a #upc #ratification"

Based on cited articles [1, 2], there is now a press release. To quote one author's account of it: "According to the official press release, Italy’s ratification of the Unified Patent Court Agreement will help to fight the entry into the European Union of counterfeit goods."

But this does not actually imply ratification and the press release tells an outright lie, as was the case with TPP and TTIP. This mirrors the recent trend of so-called 'trade' deals, which are shrouded in secrecy and benefit from misleading press coverage (if any at all).

UPC Bad for SMEs



The UPC would work against SMEs, even based on a poll conducted by sites which target patent lawyers and other such maximalists. To quote Nordic Patent (connected to Kongstad): "The polls are in, a majority of @ManagingIP followers think the #UPC and #UnitaryPatent are bad for European #SMEs."

Here is what Managing IP (MIP) wrote: "Indeed: 56% say #UPC #UnitaryPatent bad for SMEs in Europe. We will do a more comprehensive survey later this year."

"What's needed is not "a more comprehensive survey" but a survey that does not ask the MIP choir," I told them, to which they replied with: "The MIP choir has a pretty broad spread of voices, as it happens!"

We don't truly think so, but nevertheless, it sure seems like even MIP readers admit that the EPO's claims about UPC being good for SMEs are lies.

More self-Fulfilling Prophecies and US Hopefuls



Based on this tweet, UPC is already here. But it's not. To quote: "Technical teaching for #patent judges. And will the views of the #UPC technical judges have too much weight?"

"Will"? Maybe they mean would. The UPC is not even here yet. To quote what this is based on: "Does this look a bit like what we expect from the long-anticipated Unified Patent Court? The UPC will employ about 50 technical judges alongside a similar number of legally qualified judges."

"The UPC will employ" is wrong. The UPC, if it ever became a reality at all, would do all sorts of things, but given the atmosphere of propaganda (see the SME propaganda above), one shouldn't believe anything at all. Watch how US patent lawyers hold an event about the UPC in the US. They seem to know who the UPC is for and it's not for Europeans. SMEs from Europe won't fly to the US to attend such a conference, one of several such US conferences sponsored by the EPO's PR firm (which just 'happens' to be a US-based firm).

Patent lawyers in the US promote and celebrate the UPC. What does that tell us about who benefits?

Recent Techrights' Posts

Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
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
 
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
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