Bonum Certa Men Certa

Unitary Patent (UPC) is Dead, But 'Managing IP' and Selfish Patent Law Firms Still Try to Resurrect It

They just refuse to let go, much to Battistelli's satisfaction and everybody else's chagrin (to use a French term)

Bristows LLP and EPO



Summary: The latest attempts to shore up the Unitary (or Unified) Patent Court and who's behind it other than the usual suspects

THE PATENT microcosm, and Team UPC in particular, wishes us to believe that the UPC is not dead. They spent years investing money and time in it, so they're still in denial about its death. They're still in one of these famous stages preceding "acceptance".



"They're still in one of these famous stages preceding "acceptance"."Still trying to salvage what's left of the dead UPC scheme, MIP sets up a so-called 'webinar' (basically live streaming some agenda) and says: "Please send us your questions on Brexit/Unitary Patent/UPC!"

Isn't it a done deal already? The Brexit vote -- however it winds up -- eliminated UPC, and probably not just in the UK. "Why does MIP keep pushing the UPC agenda," I asked online. "Is this reciprocated for by EPO people? Seems so (not directly)..."

"Today's webinar on Brexit & #UnitaryPatent has just finished," MIP later wrote. "Listen to & view the recording & vote results here! http://www.managingip.com/Web-Seminars.html … pic.twitter.com/yvoq7shTBM"

"We are still hoping that someone will explain to us why the EPO Boards of Appeal celebrated this week."Responding to what I wrote, MIP said: "Roy, we're not pushing the #UPC (or any other) agenda. We're just providing a discussion forum. Did you listen to the webinar?"

I asked: "Any critics of the UPC in there?"

"Range of views expressed," they said. "We'll have a blog up soon with more details..."

That's not actually answering my question but instead dodges it, so we'll assume the so-called 'webinar' was a one-sided echo chamber, like the UPC-themed conference they set up last month to assist lobbying [1, 2, 3, 4] by the likes (or lies) of Margot Fröhlinger [1, 2, 3].

Earlier in the same day I asked publicly: "Does anybody know why the EPO Boards of Appeal are celebrating? Is the UPC dead? Well, it is. So what’s the news? AC meeting?"

We are still hoping that someone will explain to us why the EPO Boards of Appeal celebrated this week. No doubt the very prospect of the UPC was taking away their jobs (they're grossly understaffed and perpetually besieged); among their jobs, or imperatives at times, was keeping software patents out of Europe, i.e. upholding the law. I actually wrote to the Enlarged Board of Appeal about this subject in the distant past.

Regarding UPC and Brexit, there is no lack of new pieces from various lawyers that want the UPC and would even lie for it. Here is a new piece by Boult Wade Tennant ("Is there a place for a post-Brexit UK in the Unitary Patent system?") and another one in German ("Europäisches Einheitspatent und Brexit"). Another article, published yesterday by Li Zhu of Robins Kaplan LLP says this:

Some quick history — the Unitary Patent system is the European Union’s attempt in 2013 to propose a new European patent with unitary effect and a unified European patent court (“Unified Patent Court” or “UPC”). Both are designed to promote homogenous patent protection across participating EU states, so companies can enforce their patent rights with greater predictability and efficiency. Under the Unitary Patent system, when a patent is granted, the patentee can request (1) a unitary patent—which is enforced across all participating states in a single action; (2) a traditional European patent; or (3) a unitary patent alongside European patent protection for any country not covered by the UPC agreement. For parties enforcing or defending their patent rights, the UPC could eliminate the unnecessary duplication of multiple actions in different member states and avoid divergent results from parallel court proceedings.


That's hardly a balanced interpretation but more like marketing of the UPC, parroting the tired old talking points.

The title of the article is "Brexit—The End of the Unitary Patent System as we Know it?" but it's not just the end of UPC as we know it (the answer is "yes") but quite likely the end of the UPC as a whole. Don't believe those liars who advertised bogus job openings in the UK for the UPC; they have no credibility, no decency, and total disregards for UK and EU democracy.

Recent Techrights' Posts

Changing One's Name Won't Change One's Past
People who have earned a bad reputation are not magically "entitled" to reset
People Who Assault Women Are Not Victims of "Distress"
It seems like an American tradition. In a country with almost 50 presidents, not even one was a female.
Adoption of Gemini Protocol Still Growing
Gemini Protocol is being obscured by the media - it doesn't help that Google 'hijacked' the word "Gemini" - but people still manage to find out about it, download a client, and use it
Brett Wilson LLP "Takes it Personal" (Character Assassination, Not Professionalism). Everybody Can See That.
On behalf of violent men
Pissing Contests and Pissing Off Everyone
people who came from Microsoft are trying to vex and divide the community
Microsoft Repeats the Mistakes Made by the EPO After We Exposed a Major Microsoft/EPO Scandal 10 Years Ago
That scandal was all over the media, not just in English
 
Ubuntu is Becoming GAFAM-Like
What does that say about Canonical and Ubuntu?
Slopfarms Which Take Real Articles About GNU/Linux and Turn Them Into Copycats Which Are False
Even before the LLM hype those were quite common
The Firm That Picks on Techrights is Accustomed to Working With Criminals
Techrights never did anything illegal. So why is it being picked on by people who work with criminals?
Microsoft Said the Mass Layoffs Were for "Investment" in "AI", But It's Also Laying Off the "AI" and "Copilot" Staff
Months ago we showed many so-called "AI" people were getting the boot and this time it's the same
DryDeadFish is Dead, Long Live DryDeadFish
We kept checking, hoping it can recover from some temporary technical issue
For Quite Some Time Already Microsoft Attracts Crackpots, Scams, and More
Occasionally we talk about the situation at IBM as there are many parallels
Links 14/07/2025: Chatbots Broken Again, McHire LLM Shows Limits of the Hype
Links for the day
Slashdot Media Turned Linux Journal Into a Slopfarm and Now Slashdot Actively Promotes Anti-Linux Slopfarms
Yes, "no-nonsense" apparently means actual nonsense
Links 14/07/2025: Arresting Photographers, Threats to Revoke US Citizenship Over Criticism
Links for the day
More EPO Leaks on the Way
We hope that Mr. Rowan will actually try to refute what we say and show, not merely point the finger at the messengers
Decommodification is a Corporate Strategy Against Communities
systemd is led by Microsoft and hosted by Microsoft
copyleft.org 'Hijacked' by the People Who Attack the Person Who Created Copyleft
So far there's nothing "tasteless" in copyleft.org, but that can change at any time in the future
Asking People to Take Down Articles and Videos Only Makes These More Popular and "Viral"
If you do something bad, one of the worst things you can possibly do it try to silence those who speak about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 13, 2025
IRC logs for Sunday, July 13, 2025
Two-Thirds Towards FSF Goal, Richard Stallman to Give Talks in Europe
There are 67 left before reaching the target
Gemini Links 14/07/2025: Politicised Tech and "Leaving GitHub"
Links for the day
The Demise of LLMs
We've just checked BetaNews again. They've dropped all the slop and went back to human authors.
Gemini Links 13/07/2025: Sonpo Museum of Art and FCEUX
Links for the day
Links 13/07/2025: UnitedHealth's Censorship Campaign, Australia Wary of China
Links for the day
Firing Away With Nonsense
Or fighting fire with fire
Links 13/07/2025: Climate Crisis, GAFAM Poisoning the Water
Links for the day
Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025
Plunder at the Second-Largest Institution in Europe
cuts, neglect, health problems, even early deaths
Links 12/07/2025: Political Developments, Attack on Opposition, Climate Actions
Links for the day
Gemini Links 12/07/2025: Melodic Musings and Small Web July
Links for the day
Links 12/07/2025: Jail in China for Homoerotica, South Korea Discriminates Against Old Workers
Links for the day
If Only Everything Was Rewritten in Rust, We'd Have No More Security Issues?
Nope.
Links 12/07/2025: Birdwatching and Fake/Misleading Wall Street 'Valuation' Figures
Links for the day
Gemini Links 12/07/2025: How to Avoid Writing, Apps for Android
Links for the day
Using SLAPPs to Cover Up Sexual Abuse and Strangulation
The exact same legal team of the Serial Strangler from Microsoft and Garrett already has a history fighting against "metoo"
EPO Staff Committee on Harassment in the Workplace
slides
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025