Bonum Certa Men Certa

Breaking the European Patent System With the UPC Hammer, Courtesy of the EPO and Lawyers-Centric 'News' Sites

Breaking what's clearly not broken to build something new which doesn't work for anything or anyone but billionaires

EPO Frame Breaking
When all else fails Battistelli characteristically uses a hammer



Summary: The latest overt pushes for the Unitary Patent, courtesy of biased (self-serving) media and the EPO's Michael Fröhlich, who joins Margot Fröhlinger with her Unified Patent Court (UPC) advocacy that conveniently waves off Brexit

THIS new article from Managing IP (MIP), a proponent of the UPC, is very optimistic about the UPC. It's hardly surprising given the site's track record. Even though recruitment of UPC judges has been called off the site speaks of the UPC as though it's some unstoppable gravy train which is also desirable. It's neither; the public does not want it (at least the few who understand what it does) and it seems to have been derailed -- quite fatally in fact -- following Britain's vote for Brexit.



"How can a continent with so many languages get along with the UPC? And now that the only large English-speaking member state may be out, why even have hearings and patents in English?""UK Prime Minister Theresa May rules out influence of the CJEU and authority of EU law in a post-Brexit Britain," MIP wrote, but "Labour party MPs demand answers from government regarding UK participation in the UPC and EPO" (we rebutted this spin before). MIP says "five more EU member states including Italy and Slovenia [are] expected to ratify the UPC Agreement early next year," but without Britain and especially with lingering uncertainty about its status in the EU the UPC won't get anywhere any time soon. Its death might not be "official" for several years to come, but it's not too hard to see where this is going.

How can a continent with so many languages get along with the UPC? And now that the only large English-speaking member state may be out, why even have hearings and patents in English? How would Spain feel about it? Battistelli may think (as he's a clueless nontechnical thug) that patent examination and accurate translations can be attained using algorithms, but he's wrong beyond words. Fools who think that automated translations are an excuse that can make patents go global (applicable everywhere) would have us believe that even patents in Mandarin (new MIP article about notoriously crappy patents from SIPO) would be legible in Latin/Greek-derived languages. At this stage we're actually entering the twilight zone, wherein totally idiotic people like Battistelli make big decisions that can undermine the whole of Europe. According to another new article from MIP and from IP watch [1, 2], there is a new AIPLA President and he is one who used to be involved in software patents and ITC cases (embargo at the behest of large corporations). WIPR, in the mean time, writes about AIPLA 2016 and quotes the EPO's Michael Fröhlich (another Battistelli and UPC "yes man", not to be confused with Margot Fröhlinger [1, 2, 3, 4]) who will say just about anything -- even lie -- in an effort to make the UPC seem inevitable. From the report:

The Unified Patent Court (UPC) and unitary patent will become a reality, with or without the UK, according to a senior official at the European Patent Office (EPO).

Michael Fröhlich, director of international legal affairs at the EPO, was speaking in a personal capacity at the American Intellectual Property Law Association’s (AIPLA) 2016 Annual Meeting in Washington, DC.

He said: “The issue of the Brexit vote is the last hurdle in what has been a hurdle chase since the beginning. There have been hurdles that have been higher than what Brexit has posed … and this last one will be taken successfully.”

Slovenia is about to become the 12th country to ratify the UPC Agreement in the coming days, with Italy expected to become the 13th, according to Fröhlich, speaking on Friday, October 28.

He added that Germany plans to finish the parliamentary ratification process by the end of year.


They have been saying this for a long time, yet it never actually happened. Last year Battistelli said that UPC would happen this year and it's already near December/Christmas. Progress made? Nothing. Even worse -- the UPC has gone backwards/in reverse, owing primarily to the UK. Always remember that the EPO's management is now living in (and accepting) Battistelli's fantasy land. The man is deluded, maybe clinically damaged. He will say anything to get his way, even breaking his very own rules, then look for scapegoats (especially when he does not get his way). Recall what he's rumoured to have attempted to do even to Roland Grossenbacher (behind his back). Nobody is safe from the paranoia and vengeance of Battistelli, not even old allies/friends like Grossenbacher. Battistelli turned the EPO's management into a dangerous cult.

"Always remember that the EPO's management is now living in (and accepting) Battistelli's fantasy land."Be wary and sceptical of all the UPC propaganda that's still abound. Here we have WIPR asking its choir (mostly patent law firms) about things that the choir would profit from. Nothing is said about the number of respondents and their nature, but this was used to generate misleading headlines about UPC, as usual ("Readers confident in UPC despite Brexit vote").

WIPR did the same thing regarding software patents in the US about a week ago. As we said at the time, that's like conducting a poll in Fox News about Donald Trump's chance of becoming President. They're asking an already self-selecting and biased population to reinforce an echo chamber's mentality/mindset (self-deluding/self-misleading, disconnected from reality).

Recent Techrights' Posts

The "Nazi Bars"
We don't condone or condemn the label "Nazi Bar"
TV Programmes in Geminispace
Sort of like teletext except more cross-platform
Techrights' Assessment of Red Hat Layoffs in 2025 (Yes, They Happened!)
In short, Red Hat layoffs did occur this year, but even when they did the media did not mention these (and those would count as "IBM" regardless)
The GPU Bubble (GPUs Marketed by Useless Slop)
"they're selling GPUs for the sake of selling GPUs"
Formalities Officers at the EPO Face Uncertain Future, Administration Gets Asked About That
They're being too polite (perhaps) to people whose agenda is detrimental not just to the EPO but also the EPC
 
"GNU/Linux" No Longer a Pandora's Box
Cannot even make or crack a joke... when you have a target painted on your back
We Don't Keep Logs
Not for any considerable length of time
Wall Street Journal is Publishing Puff Pieces About Quantum
For IBM [...] a lot of articles about "AI" are basically a form of spam
Is the Lid Being Shut on Top of LLM Slop?
It sort of "feels" like slop is becoming passé
Celebrating Digital Sovereignty
Digital Sovereignty is connected very closely to the concept of Software Freedom
Your Web Site is Connected to the Net and the Server is Powered On, But Cloudflare Takes It All Down
Anything outsourced means that yet another party can get things wrong, resulting in problems for everyone else "in the chain"
The Register's Latest Slop Spam, Another Paid-for Article to Inflate the Bubble
Remember when celebrities advertised FTX?
Quite a Few Red Hat Layoffs These Days (or Departures)
Remember that if there are Red Hat Layoffs, they won't be called "Red Hat Layoffs" but instead be "IBM RAs" or some thing to that effect
Today is an Excellent Day To Remind People to Dump Clownflare (Cloudflare)
If people think that Clownflare (Cloudflare) will improve uptime and make access better (it sure makes accessibility far worse), remind them of all the times this clown show goes wrong, taking down with it a lot of the Web
Links 18/11/2025: Asbestos Fears, Delays for GAFAM Undersea Cable
Links for the day
Links 18/11/2025: "Bitcoin Showing Signs of Severe Collapse" and CEOs of GAFAM Finally Speak About a Slop Bubble
Links for the day
Apparent Red Hat Layoffs in "AI" (Supposedly a Strategic Area for IBM)
What is going on there?
Gemini Protocol as a Growing Source of Audience (Mostly Technical People)
Clients for Gemini Protocol are available for almost every platform imaginable
EPO Change May be Afoot, Keep Pushing and Hold Those Feet to the Fire
Backlash is brewing and societal trends reinforce backlash right now
Links 18/11/2025: CISA Advisories, Climate, "U.S. Layoffs Surge and Blaming AI is Part of the Smokescreen"
Links for the day
Gemini Links 18/11/2025: "Block Them All", Annex, Signed Commits, and "Cryptography of the Internet"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 17, 2025
IRC logs for Monday, November 17, 2025
Right Under the Nose of Mainstream Media
That the media fails to cover the matter mostly speaks volumes about the media
Spanish Focus Coming Soon and Maturity of Site Search
We'll soon be focusing on Spain
Slopwatch: LLM Slopfarms Seem to be Slowing Down Somewhat
LLM addiction is a very unhealthy addiction
Thailand: Windows Down Sharply, Microsoft Loses Share to GNU/Linux
the Thai economy is strategic and relatively important in the region
EPO General Consultative Committee (GCC) Agenda: Reduction of Staff's Salaries (Compared to Inflation)
knocking salaries down some more
Gaming Journalist and Guru Jason Schreier Says Microsoft is Indeed Behaving Like It Exits the Console Market
Remember that many shops no longer sell or stock XBox
Links 17/11/2025: ‘Agentic OS’ Backlash and Facebook ('Meta') Loses Yann Le Cun
Links for the day
Gemini Links 17/11/2025: Technology's Harm in Schools, 3D Printer Blurb
Links for the day
Coming Soon: EPO Trip in Spain
António Campinos being 'Marcosed'
Links 17/11/2025: "You Don't Need Animations" and Blocking Copyright-Infringing Sites Inevitably Goes Wrong
Links for the day
The Register MS: Slop is "FOMO" (Fear of Missing Out), FOMO is Funding Us
even former management (Editor in Chief of The Register MS) admitted to me it was aware of this issue
What's 4Chan and Why It's So Problematic
Incels and losers converge around online echo chambers
Difficult to Win Arguments When the Simple Facts Are Not on One's Side
Starting arguments over things when you know the facts (unlike money!) aren't on your side is a dumb move that can only ever result in severe loss of credibility
Python is Attempting an Outreach to African-Americans, Microsoft Lunduke Has a Problem With That
Did he manage to brainwash himself into this ideology wherein bigotry is in fact tolerance, inclusion, equity?
Tribalism Injures Projects
In Free software communities, there are many species and "breeds". Some developers are happy to work with everyone else based upon technical merit
IBM is Googlebombing Its Way Out of Trouble and Criticism
IBM is a dying giant
No, There is Nothing Impressive About Slop Plagiarism-Enabled, Computer-Generated Images in Your Web Site...
When people use slop they do not broadcast an embrace of innovation; they merely signal they're lazy, unethical, and unscrupulous
After Denial (of the Issues) Comes Censorship
Every critic of the status quo is "racist" and every criticism is "racism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 16, 2025
IRC logs for Sunday, November 16, 2025
Intel, Facing Mass Layoffs (Including Many Key Engineers Who Work on Linux Kernel), is Pushing for Slop Inside Linux
replacing proper, well-tested code (and documentation thereof) with slop
More People Want to Quit Windows (Vista 10 is "End of Life"), Restricted Boot (UEFI) Makes That Harder
It's widely agreed (a consensus) that Restricted Boot is a bad thing for GNU/Linux
IRCNow Helped Techrights
If you want to gain more independence or "sovereignty" over your communications and need help setting things up (no prior experience setting up/configuring IRC), go to IRCNow
How We Managed to Make IRC Inclusive and Free Speech-Tolerant Without Banning People
People in IRC seldom agree on everything, more so if politics are aired and especially in the wrong context/s
UEFI 'Restricted Boot' Will Usher in Rootkits Into Linux
Those of us who understand and value what it means to truly own our devices should definitely be alarmed by these trends
Plan for European Patent Office (EPO) Coverage This Month, Next Month, and Next Year
How much longer can European politicians ignore all this corruption?
Germany-Based Focus Online is Apparently Covering Up Cocaine Use at Europe's Second-Largest Institution, the European Patent Office
More contact details for the German press - Focus online
opensource.net Dead Since Middle of Summer, opensource.org (OSI) Still Leaderless
At the moment the brand "Open Source" is misused so heavily that we have considered adding a new category to our Daily Links, focusing a lot less on "Open" and more on software freedom as a concept
Photos From Richard Stallman's Talk in Argentina Earlier Today (Remote Talk)
Dr. Stallman's talk went ahead
Slopwatch: Google News Full of Slop
Google News has serious problems
Gemini Links 16/11/2025: The Cure for Slop, Rapsberry Pi Zero 2 W, and POSIX from Ada
Links for the day
NHS Data Breach Caused by Proprietary Software, as Usual, The Register MS Blames "Hackers" and "Cybercriminal Gang"
Nothing will get solved unless we have a rethink and media quits using the "hacker" narrative, which shifts blame from the holes to those who merely exploit them
IBM is Vanishing (First Moving, Then Going Away Completely)
Salary reduction is only the first step
Links 16/11/2025: Japan-China Tensions Grow, Surveillance Giant Google Checked for Breach of the Digital Markets Act (DMA)
Links for the day
Links 16/11/2025: Censorship Battles and Margaret Sullivan Speaks
Links for the day
German Media and German Politicians: Working for the Public or Manipulating the Public?
The "common person" does not have printing presses
Informing the Public of Suppressed Facts
We are all in this together
Canadian Linus Meets Finnish-American Linus
LTT does have a very large audience, which it can steer away from Microsoft and Windows
The UK's Online Safety Act (OSA) Discourages Technological Entities, Including Free Software Projects, Being Based in or Near the UK
When it comes to IRC hosting, we never had any serious speech restrictions imposed upon us by the UK
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 15, 2025
IRC logs for Saturday, November 15, 2025
Father of GNU Giving Keynote Talk Today, Father of Linux Collaborating With Linus Tech Tips (LTT)
Some time soon we can expect Linus Tech Tips (LTT) / Linus Media Group / Linus Gabriel Sebastian to produce something with Torvalds
Gemini Links 16/11/2025: Emacs Font Fun and UI x TUI x CLI
Links for the day