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

Rumours of Further IBM Shutdowns
IBM is going out of existence
Many Anniversaries
Many anniversaries in quick succession
 
SLAPP Censorship - Part 139 Out of 200: Solicitors Regulation Authority (SRA) Needs More Public Scrutiny (New Management Changed Nothing, It's Costing a Lot of Taxpayers' Money)
millions or maybe billions of pounds wasted
Brigading Against Women - Part II - Threatening Women Using the Human Rights Tribunal of Ontario (HRTO) and Then False Threats Miscarrying the Name of a Court
In this series we intend to show the threats, the outcomes of those threats, the response to those threats
Collapse of MElon Companies a Taste of What's to Come for Slop Bubble and GAFAM (Trillions in Debt, Justified as Slop "Investments")
One good example of this was SpaceX
The 'Hyperinflation' in Hardware Dooms Video Hosting (Very Large Files)
a terabyte of video files would be expensive
Rumours of Silent Layoffs in Microsoft This Month (August 2026), PIPs and Global Voluntary Separation Agreement (GVSA), aka "Buyouts"
Will any investigative journalism follow or just shallow puff pieces and LLM trash from slopfarms?
Links 04/08/2026: "Framework for Musician Burnout" and Alexa+ "is a Buggy Embarrassment"
Links for the day
Signs That XBox as a Console is Coming to an End, Windows Gaming Will be Called "XBox"
"XBox" is the next "Surface"
Microsoft's Share in Search Falls Sharply in Europe
The layoffs at Microsoft's Bing will carry on
Romania: GNU/Linux Reaches 4% (Less Than EU Average)
We expect this same upward trend to carry on
Microsoft Sites or Sites Sponsored by Microsoft Angry That GNU/Linux is Gaining
The Microsofters cannot easily dismiss reports of GNU/Linux growth as "bots" or just allege that statCounter alone is wrong
Ableism in the Free Software Movement Typically Comes From GAFAM Operatives and Proprietary Software Apologists
And their hired guns
Afghanistan: GNU/Linux Steadily Rises to 9%
Windows is steadily declining
IBM Innovation: It Has Invented New Methods of Silent Layoffs or Secret RAs
How IBM disguises mass layoffs now
LLM Slop Won't Replace People and Jobs (in the Long Run)
At the end of the day, people who know their job offer more useful information, whereas LLMs waste people's time (typically an 'externality' to the entity deploying chatbots)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 03, 2026
IRC logs for Monday, August 03, 2026
Over 3,500 Known Gemini Capsules Accessible and Active According to Lupa
It finally happened this morning
Gemini Links 04/08/2026: Library Cards, Dead Ends in Software Development, and DOS on USB Key
Links for the day
IBM Has Embraced and Rewarded Liars
The IBM culture vanished
statCounter Estimates GNU/Linux at 5.32% in Kuwait, Years Ago It Was Near 0%
Kuwait rose to fame in the 1990s because of a war
Swatting People Who Write About Corruption, Misogyny, Criminal Misuse of Funds
we've given ourselves a decade to cover all those stories
GNU/Linux Rises Above 6% in Colombia
In Colombia, which is a large south American country, GNU/Linux has risen steadily in recent years
SLAPP Censorship - Part 138 Out of 200: Garrett Has Basically "Lost" and It is "Embarrassing" to Them
they just wound up costing hundreds of thousands of pounds
Gemini Links 03/08/2026: Great Exodus, xkcd as Text, and Dead Ends
Links for the day
GNU/Linux Has Surged to 6.3% in Madagascar
Madagascar's adoption of Free software is a subject we covered a lot in past years
Microsoft's Slop Bet is Killing the XBox Even Faster
LLMs destroy almost anything they touch
The Cyber Show on "Weaponised Antisocial Technology"
by Andy
Alexandre Oliva on Slippery Slop (LLMs)
By Alexandre Oliva
RMS Won the Argument and Now GNU Wins Over Computer Users
He can look back at nearly 43 years of GNU and say, "I was right..."
statCounter Corrects GNU/Linux Estimates, Now Measured at 9% Worldwide
Windows has sunk like a rock
GNU/Linux-Centric Blogs Belatedly Pick Up News About GNU/Linux Gains: 4-8% Depending on the Surveyor
more people will get curious and give it a go
Links 03/08/2026: Strike By Flight Attendants (WestJet) and Greedflation
Links for the day
Links 03/08/2026: EU Curtailed Slop, Frank Zappa Recalled
Links for the day
Daniel Pocock on Sky News This Morning
No harm done
Morten Linderud Has Helped Microsoft Put Locks (and Kill Switches) on the PCs of Arch Linux Users
"the first rule of "secure boot" is to disable "secure boot"
In Poor Peru, GNU/Linux Surges From 1% to 5% in a Few Years
Windows is dying
All Social Control Media is a Weapon (Against Its Users, Serving the Real Owners)
That social control networks are weaponised isn't a new concept
Fanning the Flames of Journalism
This week we have several surprises coming
Forcing the Slop Bubble to Implode Fully to Save the Economy From an Even Greater Collapse and Societal Harm
Let's blow up the bubble. The sooner, the better
GNU/Linux at 8% in Croatia
somewhat of a GNU/Linux adoption hotbed
It's Easy to Predict Microsoft Layoffs for October 2026 Because of the Financial 'Results' That Month (More Faking, More Secret Debt and Buzzwords to Perfume This Debt as "Investment")
From what we've read, Microsoft is silently laying off people this month based on LITE, which leads to PIPs
Not Hard to Guess Who Will Pay for IBM's Collapse (Due to False Statements Made to Shareholders), Red Hat May Disappear
IBM's leadership is never being punished for its failures
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 02, 2026
IRC logs for Sunday, August 02, 2026
Gemini Links 03/08/2026: Collectibles, Cities of the Red Night, and Lali Lambda
Links for the day
IBM's August 2026 Promotions (Annual Ritual) Can Turn Into a "Bloodbath" (RAs, Layoffs)
IBM Common Stock is set to open in the red (minus) on Monday
Microsoft Culture Explained by People Who Work at Microsoft
"Be ready for politicking and working over time and weekends."
Codes of Conduct Attract Hoarders and Sociopaths, They Are Intolerant Towards Good People
Codes of Conduct (CoCs) are also promoted using violence
XBox is in Trouble, Sunday News Shows How Serious a Problem It Now Faces
it seems impossible to resuscitate at this point
statCounter Observes GNU/Linux at 10% in Libya
this month statCounter finally sees GNU/Linux approaching "double-figures" there
Thailand: GNU/Linux Approaching 15%, Windows in a Freefall
It makes perfect sense for Thailand to adopt GNU/Linux for technical reasons, not just political reasons
GNU/Linux in Bulgaria Back Up
part of a trend in Europe
Cuba Sees Leap in GNU/Linux Usage, as Reported by statCounter
For the ordinary Cuban it makes sense to reduce a dependence on GAFAM
Gemini Links 02/08/2026: Drift, Crawlers in Gopher Space, Purpose, and Python
Links for the day
Links 02/08/2026: Some Large Slop Investors "Crumbling", Russia Intensifies Bombing of Kiev
Links for the day
IBMers Discuss Who Killed IBM (It Impacts Red Hat)
Fedora is fast becoming like another CentOS
GNU/Linux Rises to 6% in Mexico
Did the soccer (football) matches have some impact or just the "unknowns" being deciphered (or omitted) by statCounter?
GNU/Linux Leaps to 8% in Asia
In Asia, is it a bit higher because of GAFAM distrust? Maybe some other factor/s?
Clownflare Web Usage Survey: About 10% in North America Use GNU/Linux, Worldwide 6.7%
surveyors that showed GNU/Linux growth
SLAPP Censorship - Part 137 Out of 200: Discovering That Spending a Million British Pounds (1,348,250.01 United States Dollars) on Lawyers Cannot Take Down One's Critics
just outright bullying and criminality
Steam Survey, analytics.usa.gov, and statCounter All Point to GNU/Linux Gains (Again)
This must be very annoying to Microsoft
GNU/Linux Exceeds 6% in Spain
In recent years the "market share" steadily grew from 3% to over 6%
Brazil: GNU/Linux Record High, 5%
On average, GNU/Linux has evidence of growth in many countries this summer
Amid 2026 Bing Layoffs Microsoft Share in Search Collapses
How much longer before Microsoft throws in the towel or rebrands again?
United Kingdom: GNU/Linux up to 7%, ChromeOS Another 5% (Total 12%)
further significant gains for GNU/Linux this month
Links 02/08/2026: Cheeto "Blurted Out Vile Plot to Censor ABC"; New York Times Fights 'Intimidation'
Links for the day
Why Techrights Will Still be Active a Decade From Now
Techrights will carry on for many years to come
We Are Witnessing the End of IBM
IBM cannot find growth by moving downwards, by lowering standards
The Slop Presumption Rule
Tainting oneself can take one day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 01, 2026
IRC logs for Saturday, August 01, 2026
Gemini Links 02/08/2026: Older Books, Esperanto Music History, and Slop Making Things Worse
Links for the day