Bonum Certa Men Certa

The UPC Scam Part V: Unitary Patent Regime a Fantasy of Patent Trolls

The undemocratic patent conspiracy (UPC): We'll just call it something misleading



Summary: "Good for trolls" is a good way to sum up the Unitary Patent, which would give litigators plenty of business (defendants and plaintiffs, plus commissions on high claims of damages) if it ever became a reality

TODAY marks exactly one week since the bizarre statement from the British government, which enjoyed misleading coverage bought/paid for directly and less directly by Battistelli's EPO.



In the previous four parts we explained the reality of the situation and in upcoming parts we'll explain why the UPC is still going nowhere -- consistent with what we have been saying for a number of years. Some words on a Web page of the British government are not enough to make the impossible (or barely possible) magically attainable.

It's worth reminding readers that the legal firm which the EPO unleashed at us for legal threats (in an effort to silence us) is itself part of the UPC's advocacy, which comes to show just how crooked things really are. Basically, a bunch of law firms are attempting to hijack the European patent system by means of endless lobbying, lies, fake (or biased) 'news', and fake job ads (for jobs that don't exist). These are some truly malicious actors. Morals don't exist because they have a mission and they are willing to combat opponents. Our activism is largely reactionary.

Who is the UPC good for other than some legal firms? "Good news for patent trolls," said this comment, possibly from Mr. Benjamin Henrion (FFII) by the sound of it.

Several days ago Patently-O wrote about last week's news, noting that "Europe may overtake the US as patent-litigation-central" if the UPC becomes a reality. Another way to put it is, Europe can become a patent trolls' hub, complete with software patents and everything they currently enjoy in the US (where they file the lion's share of lawsuits). The Unitary Patent fantasists include those who can either represent these trolls in court or represent their victims (defendants). What's not to like, eh?

Earlier today we noted that Microsoft agenda was interjected into an event that's supposed to be about "International Women's Leadership Forum" (here is the report about it). Well, Microsoft and even the UPC were interjected into this event. The latter subject was mentioned by "Deanna Kwong of Hewlett Packard Enterprise," who said that the UPC "will be "fertile ground" for NPEs," i.e. patent trolls (NPE is a euphemism).

Even MIP took note of it, writing in Twitter: "Consensus at #EUPatentUSA2016 that UPC system will attract troll-type activity - IT/TMT panel with @marksandclerk pic.twitter.com/2cbvgnBeSl"

Henrion replied with "oh really? what a surprise!"

We have been warning about this for years.

Here is the relevant part of the report from MIP:

The last six months (since the UK Brexit vote) have led to great uncertainty for Europe's planned Unitary Patent and UPC system, said Bethan Hopewell of Powell Gilbert. But much progress has been made with 11 ratifications so far and much work on the IT system, the Rules of Procedure and the financing.

The latest news, she added, is yesterday's announcement by the UK government that it will proceed with ratification of the UPC Agreement. "What needs to be worked on now is establishing certainty for industry so that the UPC is not undermined when the UK leaves the EU," she said, adding that the UK's role in the system post-Brexit remains to be seen.

Deanna Kwong of Hewlett Packard Enterprise said that despite the progress made there remains a lot of "uncertainty": "I don't know whether it will be a more favourable forum or not ... at the outset it may be a more plaintiff-friendly forum to legitimate it as a forum." Hopewell predicted it will be "fertile ground" for NPEs in the early years.

Kwong highlighted some differences between the UPC and the US system, including less emphasis on expert evidence, faster injunctions and the possibility to amend claims. "Fee shifting is a really big factor - hopefully that will be a counter-balance to the patentee-friendly aspects of the UPC," she added.


It seems like both Henrion and I noticed this at the same time. HP is admitting that the UPC would be good for patent trolls. Remember all those who used to deny it and mocked those who even dared to suggest so?

"HP says EU Unitary Patent Court will fuel trolls," Henrion later wrote.

"This is what patent prosecution & litigation in Europe will look like post-UPC," MIP added, "says Bethan Hopewell of Powell Gilbert at #ipwomen Forum pic.twitter.com/NXxNaFgAuu"

Yes, "prosecution & litigation"...

Not innovation.

Not sharing.

Not competitiveness.

Remember... "prosecution & litigation"...

That's all it boils down to and no wonder prosecutors and litigators are lobbying so hard for it. They want 'nuclear' legal wars to profit from. It's obvious at whose expense.

Recent Techrights' Posts

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026