Bonum Certa Men Certa

Now is the Time to Sign the Petition Against the Unitary Patent (UPC)

It only takes one minute to sign it and anyone can sign as everyone is affected (not just Brits)

UPC Petition
Direct link to the petition



Summary: With only days left before the UPC is debated in English/British (and maybe Scottish) Parliament it's important to make public officials aware that there is resistance among those sufficiently informed

THE process of UPC ratification is better understood by us, more so as time goes by (a lot of misinformation keeps coming from Team UPC, which habitually spreads fake news [1, 2, 3, 4, 5]). FFII spoke to political parties yesterday (over the telephone) and gathered information related to the process involved (e.g. whether or not a Parliamentarian vote is required). Not only British individuals and firms can sign; these are still kindly invited to sign this petition "against the ratification of the Unitary Software Patent treaty by the UK and Scotland," though we mostly rely on political interventions at the moment. Having a petition with many signatures in it would help these interventions.



The petition itself already explains quite clearly what the UPC would accomplish and what it is for, e.g. expanding litigation scope and patent scope. We reproduce it below for those who may be reluctant (or too lazy) to follow the link:

We, the undersigned citizens, IT professionals, and IT companies of United Kingdom and Scotland, are strongly against the ratification of the Unitary Patent. We call on the Government and elected Members of Parliament of UK and Scotland to reject this international agreement for the following reasons:

1. We are worried about the thousands of software patents granted by the European Patent Office (EPO) against the spirit of the European Patent Convention (EPC article 52.2); The proposed Unitary Patent Court would provide a single point of failure (SPOF) to create case law in favour of patentability of software on a European scale;

2. The Unitary Patent contains paragraphs which refer to the Supremacy of the Court of Justice of the European Union (CJEU), while politicians have promised to respect the democratic Brexit vote of UK citizens to leave the European Union;

3. EPO's software patents are the worst nightmare of software developers; software companies can be threatened and sued at any time;

4. Many experts in the field have recognized that the Unitary Patent is the perfect vehicle for validating software patents in Europe (see quotes page). A heavily debated directive was rejected by the European Parliament in 2005 at the request of large multinational corporations (MNCs) which prefered a push for central patent court instead;

5. We are afraid of the multiplication of threats and lawsuits brought by some companies, and especially the ones that don't produce anything other than patents (so called "Non Practising Entities" or "Patent Trolls"); We are concerned that software patents shifts budgets allocated to R&D (Research & Development, run by software developers) to P&L (Patents & Litigation, run by lawyers);

6. Our companies don't have the financial means to defend themselves in court or to pay damages, and we believe the Unitary Patent would make it worse. The Unitary Patent has not been designed for small companies in mind. The cost of litigation and the amount of damages would be on the rise, as they would be calculated for the whole EU market;

7. The Unitary Patent Court would be more attractive to patent trolls that apply and litigate patents, as EU-wide injunctions and EU-wide damages would be available to extract large sums of money. Companies that don't have the financial means to defend themselves in court would be forced to settle;

8. We believe the UPC is an undemocratic instrument, whose 130 pages of rules of procedure have not been debated or drafted by parliaments, but by an administrative committee populated by members of the patent industry; this administrative committee would also have the power to change the treaty at will without consulting any parliament once the Unitary Patent is running; Parliaments also never had any power nor a procedure to amend those rules of procedure; citizens and companies don't have democratic means to influence this important piece of regulation;

9. We believe the UPC is not counterbalanced by an elected parliament, not even the European Parliament, making this court a quasi-legislator when it comes to patent law;

10. The UK has a legal tradition to reject the German and EPO's "technical effect" approach, which makes any software patentable when it runs on a computer; this restrictive approach to software patenting would be lifted by the large influence of German judges;

11. The UPC would make national clarifications to the European Patent Convention, as requested by previous petitioners, impossible;

12. The UPC would make bifurcation possible, which splits the validity and infringement cases (like in Germany), creating an imbalance where on one side, the patent owner says its patent is broad (infringement), and on the other side it is narrow (validity). Powerful injunctions to stop products on the market are granted, while the patent is later on found invalid;

13. The UPC is a power grab by the patent community, as judges are elected among this community. Patent law would be out of balance with other fields of law, and no supreme court would be able to intervene in patent law in order to correct their wayward doctrines and practices, as it happened for the last years in the United States with the Supreme Court (SCOTUS) and the Court of Appeal of the Federal Circuit (CAFC). Patent law would evolve in its own bubble;

14. We call on other EU member states to redraft the project in order to make it integrated within the structures of the European Union, and migrate the undemocratic European Patent Office (EPO) into an EU agency under the sole responsability of the European Parliament. The EPO is an international organization which abuses its diplomatic immunity, and is thus literally outside the law. We also denote the lack of separation of powers within the Council of European Ministers, which are part of the executive, and were heavily influenced by their National Patent Offices. The legislator should not be influenced by the executive, which is the currently the norm at EU level..



Benjamin Henrion (FFII) deserves most of the credit for the above text. If Europe ever falls for the UPC, it will have a knock-on effect elsewhere. Yesterday Henrion spotted Watchtroll harnessing Europe's policy to help people bypass patent restrictions. To quote a couple of portions: "The problem-solution paradigm has become a cornerstone of patentability in Europe. Drafters interested in protection in Europe by direct filing or via PCT consequently need to cultivate a flexible attitude to problem-solution for analyzing, describing and claiming inventions, and defending patentability. [...] The EPO uses its problem-and-solution approach in a restricted way in the assessment of inventive step during examination once the claim is settled. The official approach is to take as the starting point the closest single item of prior art known at that stage, for expressing the invention in terms of the “objective problem” solved by the skilled person in going from this closest prior art to the then-claimed invention, i.e. in achieving the technical contribution of the invention."

MIP, publishing behind a paywall as usual (so that only those who agree can read), speaks of UPC "progress" this week (looking back at the month that ended last night). The piece makes it appear as though UPC is definitely coming, but the reality is grimmer and there are still many barriers to the UPC (present and future hurdles). "EU Council ministers discuss Unitary Patent and UPC, Italy ratifies the UPC Agreement (UPCA), UK government publishes Brexit strategy document and answers questions on its UPCA ratification commitment," MIP wrote.

"What we expect to happen is, more people will become aware of the UPC and who it is really for and debates will intensify to the point where the UPC's untenability and incompatibilities are realised, whereupon the whole shebang is officially in a limbo again."Also at MIP, Helga Chapman wrote about early certainty of patentability at the UK-IPO, noting that "[t]he EPO has now addressed this issue with the implementation of its Early Certainty programme," which is actually notorious among EPO staff. You can't rush examination like that; it's like using two women to conceive/deliver a baby in 4.5 months.

What we expect to happen is, more people will become aware of the UPC and who it is really for and debates will intensify to the point where the UPC's untenability and incompatibilities are realised, whereupon the whole shebang is officially in a limbo again. Battistelli's wet and perverse dream will not have come to fruition by his term's end.

In the mean time, please do sign the above petition and spread this link around. There is less than a week left to do so and politicians -- not just British politicians -- are counting on these signatures.

Recent Techrights' Posts

IBM: We Can't Make 'AI' (Voice Recognition) Do the Work of a McDonald's Teenager, So Let's Try the Same on Saudi Planes
IBM is lost. It's truly lost.
The General Public License (GPL) Inspired the Web's Original Openness/Freedom, According to Tim Berners-Lee
"During the preceding year I had been trying to get CERN to release the intellectual property rights to the Web code under the General Public License (GPL) so that others could use it."
The Real Problem With Rust is Not "Wokeness" (It Never Was)
Don't feed the trolls who attack "Rust People" on political grounds
 
Why?
Why write articles?
Microsoft-Connected Publisher Spinning XBox's Death Spiral (It's Dying Fast) as a Strength and Something Deliberate
"Microsoft’s big gaming pivot"
Slop is Rare by Now
A year ago slop was so abundant that we did a whole series about it, and it was daily
Links 21/12/2025: U.S. Strikes in Syria, "Epstein Files Photos Disappear From Government Website"
Links for the day
Gemini Links 21/12/2025: Labrador Retriever of Lagrange's Developer Dies From Cancer, Political Philosophy, and "Getting to Inbox Zero"
Links for the day
Microsoft is Becoming Irrelevant: The Case of Georgia
Not Georgia Tech
Sirius Open Source is Now Imminently Dead (Struck Off)
compulsory strike-off
Dr. Richard Stallman, Invited by LibreTech Collective, is Giving a Public Talk in Georgia Tech Next Month (Scheller College of Business)
They can probably squeeze about 400 people into this room
25 Years of Activism for GNU/Linux
My passion for GNU/Linux brought a lot of contentment
Africa, Where Microsoft Used De Facto Slaves to Pretend to be "AI", Chatbots Usage is 0.2% of Measured Online Traffic
Judging by recent trends in Africa, many "Windows PCs" are being converted into GNU/Linux computers
New Drone Footage Shows IBM is Dead (Parts of It)
The people who participated in IBM when IBM actually mattered probably have boasting rights, unlike people who work for IBM today
Michael Larabel Adds Slop Category to Phoronix, Quickly Realises That It's Worthless
Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)
After 35 Years the World Wide Web, HTML, and HTTP Are Proprietary
HTTP/2 added a lot of complexity (it's just a Google protocol, based on SPDY originally), many image formats are proprietary and patented, HTML got 'replaced' by Java-Scripts [sic], and many URLs (the URL system was created in the early 90s) are just long strings for proprietary 'webapps'
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 20, 2025
IRC logs for Saturday, December 20, 2025
The Register MS Has Lowered Its Standards Considerably
Incidentally, we've only just noticed that "US editor for The Register since July 2025" has not been active for 4 weeks already
Scamfarms, Spamfarms, and Slopfarms in "Linux" Clothing
Today, Linux searches in Google News produced no slop at all. That's an improvement.
Did Bill Gates Lobby to Blur the Face of the Young Woman He Openly Braces (and Who Isn't His Wife)?
"This photo of of Microsoft co-founder Bill Gates with a woman whose face is blurred out is just one of 68 more photos and documents released today."
Links 20/12/2025: Microsoft Ruins Televisions, 'Epstein Files' Deeply Sanitised (to Protect Particular Culprits)
Links for the day
Gemini Links 20/12/2025: Merry Christmas 2025 and Running a Factorio Headless Server on FreeBSD with the Linuxulato
Links for the day
With 10 Days Left, the Free Software Foundation (FSF) Has Already Raised Close to $300,000 This Winter
they're besieged by despicable corporations and very despicable people
2025 in Numbers
What was very good about this year is that we truly got "into the rhythm" of publishing
More Microsoft Layoffs Coming Soon
When I spoke about Microsoft layoffs (routinely) I got very viciously attacked by Microsoft boosters
My Humble Assessment of the Future of Red Hat, A Company That IBM is Flushing Down the Loo
GNU/Linux will be OK without Red Hat, but shaping the future of it matters because we don't want companies like Valve (DRM) to set the agenda
Probably the Least Useful Gadgets, Ever
as if a "smart" thing worn on the wrist is the "new Rolex"
Former Manager at IBM Research (Yorktown) Says Why IBM is Doomed and the Anonymous Tipline (Speak Up) is a Trap
IBM isn't willing to change or to address internal issues
Links 20/12/2025: Fentanylware Becomes CheeTok and "Why Roomba Died"
Links for the day
Linux Foundation: Richard Stallman Developed Only a Software Licence
We already criticised this report several times last night
Impulsive Writing, Quotas, and Keeping Things as Concise as Feasible
A 10-word sentence being read by a million people can have the same impact or magnitude (exposure-wise) as a million-word book being read by just 10 people
Gemini Links 20/12/2025: Christmas Songs, Storms, and Old Web
Links for the day
Coming to Grips With a Lack of Future at IBM
Red Hat's future doesn't look bright under the auspices as they seem right now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 19, 2025
IRC logs for Friday, December 19, 2025
Links 20/12/2025: Media Layoffs, a Third of Online Traffic is Bots
Links for the day
Barbados: Significant Gains for GNU/Linux
over 5% if one counts ChromeOS as well
Very Shallow LLM Slop for IBM Disguised as Journalism About a "Plan to Train 5 Million Learners in India by 2030" (Unverified Figures With Very Distant Future Date/Year)
The Web has become somewhat of a laughing stock
'Linux' Foundation: The Foundation Has Almost Nothing to Do With Linux, It Just Misuses the Name "Linux"
Only a tiny portion of the Foundation's budget actually goes to Linux
Austria vs GAFAM
another win against GAFAM
Microsoft Has Purchased Another Linux Foundation Seat
From the latest (new) report
No Electronics, No Clocks, No Phones
We're meant to think that more gadgets will make life easier
Gemini Links 19/12/2025: Great Website Rebuild of 2025 and Running OpenBSD in a Hostile Environment
Links for the day
Google News Helps Slopfarms (What's Left of Them)
Lately we've noticed that nothing in the RSS feeds we follow is burping out slop
Links 19/12/2025: Privacy International's Reports and Russian Assets in EU
Links for the day
Today, The Register MS is Parroting Marketing Spam for Ponzi Scheme ("AI") in Exchange for Money
The Register MS should be held accountable when the bubble pops
Red Hat Senior Engineering Manager Leaves (or Gets Pushed Out by IBM) After Nearly 20 Years at the Company
The recent massive wave of IBM layoffs impacted Red Hat and so will the next (impending, Q1) wave
Why We Got Told by Insiders That Almost Everyone at EPO Reads Techrights and Many at IBM Track IBM RAs Via Techrights
In a nutshell, we cover topics almost no other site dares touch
IBM Research Shutting Down Labs, Lots of Workers Laid Off (Even Days Before Christmas in Devout Catholic Country)
Heartless, soulless company
Links 19/12/2025: Windows TCO in NHS, "Locked Out of Apple Account Due to Gift Card"
Links for the day
Nearly Three Months Have Passed Since EPO Cocainegate and the EPO's Management Still Refuses to Talk About It
But it's clearly aware of it
Richard Stallman Explains Why Software Patents Are Really Bad and Very Much Unnecessary
"The relationship between patents and products varies between the fields"
The Copycats of the FSF Have Serious Problems
If you care about Software Freedom, then support the real thing
Once Again, Just in Time for Christmas, UEFI and Its Boot System Turn Out to be a Giant Bug Door (Also a Microsoft Remote Kill Switch)
This industry - even academia - has been deeply compromised
In Activism and Journalism, If You're Ineffective They Ignore You, When You Become Effective They Stalk and Harass You, Failing That They Threaten You
"the Wikileaks effect"
Google Has Begun Linking to commandlinux.com in Google News, But It Seems to be a Slopfarm
This is not innovation, it's sloppiness, laziness, and a modern form of plagiarism
Microsoft Reportedly Tries to Cause Top-Level Managers to Resign If they Don't Participate in the Ponzi Scheme
Apparently even executives who don't play along are given marching orders
Microsoft, Over 120 Billion Dollars in Debt, Prepares Next Round of Mass Layoffs (After Christmas)
Microsoft is not managing to pay back its debt
Links 19/12/2025: Scam Altman Humiliates Self in Public, Climate Alarm Sounded, Egyptian Economist Convicted Over "Social Control Media Posts Critical of the Government"
Links for the day
You Can Get Work Done With Lean Software
obviously!
"The War on Privacy" is Real
"He Built a Privacy Tool. Now He’s Going to Prison."
The Cost of Being Influential
The "tech world" and its monopoly enforcer (patent system) are sleepwalking into autocracy
More Shutdowns and Layoffs at IBM
if someone covers correct but suppressed information, then people will make an effort to find it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 18, 2025
IRC logs for Thursday, December 18, 2025
EPO Violates Laws to Profit More From Invalid Patents, Then Cuts the Budget Allocated to Staff
taking away what was already promised to staff
Only a Few Examples of LLM Slop Found, Mostly via Google News
Is it fair to say that sites learned LLM slop does not offer any real value?