Bonum Certa Men Certa

Another New Book, This Time From Dr Luke McDonagh, Chronicles the Demise of the Unified Patent Court (UPC) Agreement

The media too realises that there's a (pitch)fork in it...

Brexit and UPC



Summary: Brexit and UPC are inherently incompatible and people in the legal profession know that nothing is going to change that, definitely not some words on a Web page (from Lucy Neville-Rolfe)

THE President of the EPO believes that for the sake of the UPC he can do pretty much whatever he wants (carte blanche) any time it pleases him. In a later article we are going to show what he did last week in Croatia. At the end of last month, after Battistelli had lobbied Lucy, a bizarre (impossible) nod was given to the UPC, leaving patent professionals confused and befuddled. It only increases uncertainty both for them and for their clients. A new WIPR survey, just published with the results, says that its "Readers don’t like UK decision on UPC Agreement". Bear in mind this is a London-based publication whose readers are mostly law firms in that area. To quote:

WIPR readers have not welcomed the UK’s recent decision to ratify the Unified Patent Court (UPC) Agreement.

On November 28, WIPR reported that UK Minister of State for Intellectual Property Baroness Neville-Rolfe announced that the UK will implement the unitary patent and UPC.

She said: “As the prime minister has said, for as long as we are members of the EU, the UK will continue to play a full and active role.”

Neville-Rolfe added that the new system will “provide an option for businesses that need to protect their inventions across Europe”.

However, she warned that the decision to proceed with ratification “should not be seen as pre-empting the UK’s objectives or position in the forthcoming negotiations with the EU”.

Answering our latest survey, on whether readers welcomed the decision, 63% did not, while 37% felt positive about the news.


When asked whether the UPC would be ratified, on various occasions including a UPC-centric event in the UK, most participants if not all of them said "no". We wrote about this at the time. One must remember that this is in fact the echo chamber admitting it. The UPC won't happen here. It's common sense. Morgan Lewis & Bockius LLP was acting as though it's actually likely to happen and said this on December 7th in a site for law firms. To quote:

Brexit will not affect granted, pending, or to-be-filed patent applications in the United Kingdom, whether they are filed directly in the United Kingdom or filed through the EPO and validated in the United Kingdom. Because the EPO is an international organization established by a multilateral treaty—the European Patent Convention—the EPO will still be able (notwithstanding the United Kingdom’s exit from the European Union) to obtain a patent in the United Kingdom through current procedures at the UK Intellectual Property Office by way of the EPO, directly or through the Patent Cooperation Treaty. In effect, the United Kingdom may have a status similar to that of Switzerland, Norway, and Turkey (which are not members of the European Union but are members of the European Patent Convention; validation of granted EPO patents in the United Kingdom would remain available to patent applicants).


Well, actually entertaining the possibility is most likely a waste of time. Nothing it going to change, especially now that the EPO is in a crisis and not many people will pursue this system, opting instead for national patent offices (NPOs). The UPC will fail because it's still/already dying, no matter all that lying from Battistelli and other chronic liars like Margot Fröhlinger. As IP Kat put it yesterday (not Bristows taking over the platform): "The Unified Patent Court (UPC) has been grabbing the headlines in recent weeks and it is easy to forget that the last six or so years have brought many major reforms to IP litigation in England and Wales."

Well, those latter issues, including those brought up in the article (corruption), are much more important. As for the UPC, see this 7-parts series below along with followups:



The UPC isn't coming to the UK and probably not to Europe (or EPO member states), either. The campaign of deception from Unitary Patent cronies, notably Team UPC, took a massive blow when the UK voted to leave the EU, separating London from that envisioned system they have been drooling over for about a decade.

Dr. Luke McDonagh, one of the critics of the latest move from Lucy (quoted a lot in the 7-parts series above), has said: "Law of #patents headline news in Law Society Gazette due to #Brexit..." (we have added the picture to the top)

McDonagh is a realist, unlike Team UPC, and separately he wrote that he has this new book on the subject. "Download free the first chapter of my new book on European #patent law & the #UPC #Brexit consequences," he wrote. There is also a book on the subject from Dr. Ingve Björn Stjerna.

Recent Techrights' Posts

It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
For the First Time in a Month OSI's "OpenSource.org" Blogs and It's Basically a Microsoft Blog Post (Microsoft Controls OSI)
For the first time in a month OSI writes something and it is Microsoft propaganda composed by a Microsoft-salaried operative
Microsoft, Already Borrowing 3 Billion Dollars a Month, is Trying to Cause Many People to Resign
MSN (i.e. Microsoft) and others openly admit it
 
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day
Links 07/08/2025: US Punishes India Instead of Russia, Attacks Law Firms to Prevent Scrutiny
Links for the day
Read Us in Geminispace as Well
it's definitely a lot simpler than using a Web browser
Once a Site About BSD and GNU/Linux, and After Months of Silence, LinuxBSDos.com Comes Back Only as a Slopfarm
very frustrating
Links 07/08/2025: Hardware Wars, Mass Recall of Colgate Total Clean Mint, More Microsoft Holes Found
Links for the day
Gemini Links 07/08/2025: "Right To Manage" and LoRa Analysis
Links for the day
GAFAM 'Says' is Front Page "News"
The point of journalism is to check and assess facts, not parrot what people and companies merely claim
Links 07/08/2025: Apple Makes False Promises, More Trouble for Microsoft
Links for the day
OSS Didn't Always Mean Open Source Software
"oligarchs all the way down"
The Register MS Does More Microsoft Sez or GitHub Sez (Says) Pieces
60 minutes ago
They Want Activists to Just Barely Walk and Eat, Not Do Activism Anymore
It's sort of like the ending of '1984'
Quit Perpetuating the Narrative of Gemini Protocol 'Dying' (It's False)
The "whisper campaign" against Gemini Protocol
Criticising Social Control Media in Social Control Media
Many people are quitting Social Control Media (fewer of them announce this in public)
Non-Free JavaScript Programs in Banks Aren't Even the Biggest Problem
Technology was supposed to make life easier; in practice, however, for most of us the opposite effect can be observed
Slopfarms Are Typically Fake News
Slopfarms typically relay falsehoods
Gemini Links 06/08/2025: Replacing a Pocket Watch and Buying in Bulk
Links for the day
IBM is Obliterating Fedora
"Fedora releases were shipping with an increasing number of bugs on launch day even while I was using it for a several year stretch."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 06, 2025
IRC logs for Wednesday, August 06, 2025
August Hits Microsoft Hard: Dead Divisions, Dead Products, Layoffs Again (on Week 1)
Microsoft's debt is soaring
Slopwatch: Slow Day for LLM Slop, Serial Sloppers Still at It in Their Slopfarms
The Web would be better off if those sites went offline
Red Hat Layoffs Expected in 5 Days (Monday)
"They will announce and proceed with the cuts on 08/11."
Links 06/08/2025: Substack in Trouble, Slop Sceptic Shira Perlmutter Seeks Emergency Injunction Pending Appeal
Links for the day
Gemini Links 06/08/2025: Pinephone, Reverse-Engineering, and More
Links for the day
Links 06/08/2025: Faked Values of Slop Companies and Government Bailouts
Links for the day
FOSSY 2025 Conference Safety
The GAFAM-funded FOSSY 2025 is over
Microsoft's Favourite Pay-to-Say 'Analyst' Firm Has Just Collapsed
'Analysts' that helped propel Microsoft to fictional values akin to Ponzi schemes
Ask Google (Jeeves)
What does Google "know", not know, or would rather forget (or embellish)?
They Want You To Talk About Trump or 'The Other Bill' in Relation to Trafficking of Underage Girls for Sexual Exploitation
Just something we wanted to say...
How to Quadruple Your "Goodwill" Value and Grow Your (Wall) Street "Value" From $152B to $4000B Without Producing a Single Successful Product/Service
The longer it goes on for, the bigger the implosion will be
Staying Productive
Two very reputable institutions recently told us they now reckon Microsoft is somehow funding those SLAPPs against us
A Blow for Patent Ambitions of Bill Epsteingate
It's about money
66 Countries Where More People Use iPhones (or iPads) Than Microsoft Windows, According to statCounter Data
a list of countries where iOS now exceeds Windows
Apple's iOS Bigger Than Microsoft Windows in Many Countries
This ought to alarm Microsoft
The Mainstream Media Talks About Spotify Share Price and Price Hikes, Not Its Debt Increasing by About 33% in Just 12 Months
Spotify isn't a company in good shape
New "US Editor for The Register" is 80% Microsoft and Windows
they typically just treat Microsoft like the "Holy Grail" of "IT"
Microsoft is Apparently Sending Gag Orders or NDAs to Staff That Got Laid Off (“We were told not to post on LinkedIn. Not to say anything.”)
The main lies we keep seeing
Richard M. Stallman Has Published AI Memos Since 1980 (45 Years Ago)
Back when the term AI actually meant something
Gemini Links 06/08/2025: BitTorrent and Feedly Bots
Links for the day
Windows All-Time Lows, Android All-Time Highs in Kuwait
New lows for Windows can be found in many countries this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 05, 2025
IRC logs for Tuesday, August 05, 2025