Bonum Certa Men Certa

Fake News From the EPO and Team UPC About Unitary Patent in the UK in Spite of Brexit

They said we'd have UPC ratified in the UK on March 7th. Nope! Didn't happen. As usual, it's faked optimism (a lobbying tactic akin to learned helplessness).

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



Summary: For lobbying purposes, the EPO pretends that the reality of Brexit in no way undermines UPC and proponents of the UPC (few law firms looking to profit from a transition) keep lying about it, in a coordinated effort -- EU-wide -- to induce defeatism among UPC opponents, causing political panic and near surrender amid a perceived rush, as if UPC will definitely start soon and those not joining will be left behind

THE EPO recently had the media reprint and repeat its lies, maybe owing to these massive PR contracts that Battistelli had secretly signed and later even expanded with fracking lobbyists. They are truly desperate to sell lies to the public -- as facts are not convenient -- and as we have witnessed before, that form of lobbying from paid media extends to UPC puff pieces.



The EPO makes it no secret that it meddles and intervenes in UPC matters (politics). "This online course provides easy access to the main concepts involved in patent litigation," the EPO wrote last week. The chart in the page contains a fictional (wishful thinking) element, Unitary Patent, as if they take it for granted before it even exists, except in draft papers. Meanwhile, the same media which habitually produces puff pieces for Battistelli (silly lies about Apple patents with this publication, and never even a single article about the EPO conflict) helps spread fake news about the UPC. It's lobbying disguised as news, with the headline "Unitary patent expected this year, despite Brexit" (expected by who? The liars who lobby for it? Or those who want others to believe so and then make it so?).

"The EPO makes it no secret that it meddles and intervenes in UPC matters (politics)."As we showed here before, based on a very recent poll, the large majority of patent professionals does not believe this. "EU will find a way to keep UK in unitary patent, says EPO chief" is another new puff piece. It's even worse than a puff piece; it's just a Battistelli placement, not in any way an investigative report (typical for lazy people in the corporate 'journalism' business). Éanna Kelly from Science|Business apparently thinks that copy-pasting Battistelli makes this a "report".

"Brexit is clouding its future role in the new common patent," says the author, "but Benoit Battistelli, head of the European Patent Office thinks there are ways to keep the UK in the system" (like lobbying and manipulating the media?).

"Meanwhile, the same media which habitually produces puff pieces for Battistelli (silly lies about Apple patents with this publication, and never even a single article about the EPO conflict) helps spread fake news about the UPC.""The latest EPO "puff piece"," one reader told us shortly after this press release [1, 2] (warning: epo.org links), reminds us that Battistelli keeps making photo ops with subservient British politicians who don't know what they're doing. "The patent posterboys," another one of our readers called it. "EPO President meets with Jo Johnson, the new UK intellectual property minister," says the headline. It's a lobbying trip, like the one with Lucy (exactly coinciding with the EPO strike).

Here is what this puff piece says:

EPO President Benoît Battistelli met the UK Minister of State for Universities, Science, Research and Innovation Jo Johnson in London on 8 March to discuss recent developments in patents and their role in supporting innovation. Mr Battistelli and Mr Johnson discussed the European patent system and recent reforms at the EPO to further improve the quality and efficiency of the patent grant process, ahead of the EPO's future role in the unitary patent system.

Minister Johnson said: "It was a pleasure to meet with President Battistelli today to discuss the European patent system and wider efforts to support innovation. Driving economic growth across the UK is a priority for this Government and therefore IP has never been more important." He added: "Successful intellectual property regimes protect the hard work of inventors, underpin innovative economies, and help inspiring ideas become a reality."

EPO President Battistelli said: "I was very pleased to hear the reconfirmation by the Minister that the UK government is committed to finalize the national ratification of the UPC treaty in order for the Court to be operational on 1 December 2017 and thus for the EPO to be able to deliver the first Unitary Patent at the same time."


These words (the above quotes) sent a wave of shock among UPC sceptics and antagonists, who don't know that everything the EPO says these days contains a lot of lies. Does Johnson even realise the ramifications of such a move? Brexit is not compatible with the UPC (legally and technically impossible), as we already explained in a series last year. It came in 7 parts:



A few days ago MIP posted: : "Will Poland become a safe haven from the #UPC for manufacturing/service companies? Litigation strategy panel at #patentforum2017 discuss" (there is also a photo in there, it's a UPC lobbying event/opportunity which we will revisit later).

"But if the brother of Brexit proponent Boris Johnson, together with his new friend ErdoganBattistelli, defies British law as well as common sense, then Britain will not only lose this advantage but also become easy prey to patent trolls."The UK would become that safe haven, assuming other countries go on with something resembling the UPC (they need to redo it because the UK would not participate). But if the brother of Brexit proponent Boris Johnson, together with his new friend ErdoganBattistelli, defies British law as well as common sense, then Britain will not only lose this advantage but also become easy prey to patent trolls. Why?

Well, last week we drafted a press release with FFII, with the goal of getting a debate in the British Parliament as soon as possible. We got some quotes from 3 or 4 business people (from the UK). Among the quotes put forth towards the end:



"The worst thing about this is UK companies which trade only in the UK can be hit by Patent Trolls from the EU regardless," one person wrote the other day.

An E-mail was also sent out by the FFII regarding a new UK-centric campaign against "Unitary Software Patents ratification" (to better target those who are affected in the software industry). Alex Macfie, of FFII UK, eventually sent around the following mail to FFII supporters, expressing concisely what's at stake:

Dear FFII UK supporter,

Today FFII UK is launching a campaign in order to oppose the ratification of the Unitary Patent treaty. The failed 2005 software patent directive was replaced by the Unitary Patent Court at the request of large software companies, and we are now 12 years later where they are very close to achieve what they wanted.

We are inviting to you to sign the petition, and more importantly, to call your Member of Parliament, and ask him on a parliamentary debate on the consequences of UPC on the software industry:

http://www.nounitarysoftwarepatents.uk/

The UK government wants to ratify this international treaty before the end of March, when the Brexit process starts. This can happen at any day now, and only a Parliamentary debate can stop it.

Please call your MP now, and help us to stop the ratification of this undemocratic treaty.

Best regards,


About 25 companies and more than 100 people have signed the UPC petition, in spite of not many people comprehending patents and knowing what the UPC is actually about. There is still time to sign some more and send the link around (to solicit more signatures). The date which Team UPC said would be the day for ratification is already 5 days behind, so their optimistic prediction (as always) turns out to have been bunk. Just like their job advertisements -- for openings that did not even exist and probably will never exist.

"The date which Team UPC said would be the day for ratification is already 5 days behind, so their optimistic prediction (as always) turns out to have been bunk."But don't think that Team UPC is defeated. As we shall show in the next few posts, Team UPC works tirelessly and resorts to dirty tricks in an effort to ram the UPC down the UK's throat by this month's end. They know it's going to take a miracle, or simply mischief. Bird & Bird, a large part of Team UPC (trying to profit from this), wrote this a month ago: "#UPP2017 insight. Want to know how to prepare for the #UPC and #UnitaryPatent this spring? Okay, @twobirdsIP have got you covered: pic.twitter.com/TuN3wiRl7r"

So they're so optimistic about it that they already approach clients for money, as one might expect. One of their vocal workers, Wouter Pors, even takes advantage of Merpel's throwing of the towel to promote the UPC. Here is his self-serving (promotional towards the end) comment:

Dear Merpel,

It is indeed a pity that so far no majority could be reached in the Administrative Council to take the decisions that would improve the situation at the EPO. It is also a pity that the decision to move the Boards of Appeal to Haar, which doesn't seem to serve any sensible purpose, was not stopped by a majority in the Administrative Council. However, that doesn't mean that nothing is happening. In my view, it is important that those delegations that do strive for improvement and spend enormous amounts of time and effort to achieve positive results continue to be supported. An independent and critical press can play an important role in the process. Your posts are widely read thoughout the EPC conutries and I think it is worthwhile to keep this up.

The EPO as such is a wonderful organisation for patent harmonization and will become even more crucial with the introduction of the Unitary Patent. It is and will remain important to closely monitor developments and stimulate progress, certainly also towards and after 30 June 2018.

Wouter Pors


Wouter Pors, who has been pushing for the UPC for personal gain, weighs in and pushes the perception that the UPC is inevitable and unstoppable. This isn't the first time he comments in this British blog to promote the Unitary Patent; of course not. We covered other examples and later on we'll show how he and his colleagues in the Netherlands use their own blog to advance misleading stories.

Recent Techrights' Posts

Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
 
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
So Simple That You Can Touch and Feel It
In light of recent experiences
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025
Sounds Like Microsoft 'Open' 'AI' (Slop) Ran Out of Money to Borrow
Maybe in 2026 slop will be scarce enough that eventually, maybe by year's end, we'll manage to just ignore it.
In India, Staff Works on Christmas Eve, Becomes Unemployed (Last Day)
The company fires based on how "expensive" workers are more often than based on their productivity
Links 24/12/2025: US TACOs on "China Chip Tariffs Until 2027", Russian Snickers in U.K. Convenience Shops
Links for the day
Links 24/12/2025: Cheeto President "Accused of Rape in Jeffrey Epstein Files", Windows to be Replaced by Slop?
Links for the day
Gemini Links 24/12/2025: Tea, Love During Pain, and Gaming This Year
Links for the day
GAFAM is a Bubble, Nothing is Free in This World
Nothing is free in the world
My New CD Player/Stereo Didn't Even Last a Year, My CD Player/Stereo From the Early 1990s Still Works
That helped reaffirm what I said in recent years about production/manufacturing standards of "modern" things
GitHub Isn't Free, Microsoft Subsidises It (Losses) to Entrap You Inside Proprietary Software, Now Come the Fees
GitHub was never free
XBox Console is Dead, "Microsoft is Rethinking What XBox is"
So XBox is now "cloud"
IBM SkillsBuild: Teaching Slop to People
What skills does that give? Making more slopfarms?
Maybe 2026 Will be the Last Year of António Campinos
Europe's patent system is run by thugs and it serves thugs
2025: The Year LLM Slop Rose to Prominence and Then Fell
the slop hype is bound to end
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 23, 2025
IRC logs for Tuesday, December 23, 2025
Links 24/12/2025: Spotify Surveillance and Shadow Over Rule of Law in Hong Kong
Links for the day