Bonum Certa Men Certa

Deconstructing the Latest 'Damage Control' From Team UPC Amid Demise of Unitary Patent Pipe Dreams

UPC cartoon



Summary: A breakdown of responses to Britain's exit from the EU (as per Article 50), with its mortal impact on the Unified Patent Court that was long envisioned and lobbied for by the patent microcosm

THIS WEEK was a dark week for EPO management. They spent a fortune promoting the UPC (even paying publishers!), which is now essentially dead. For those who don't know why the UPC is a very terrible idea, a reader prepared the above cartoon to demonstrate what the UPC would accomplish if it ever became a reality (maybe reused graphics but source unknown/unspecified in this original tweet). It's all about domination over European companies, not by European companies, certainly not the 99% of them that are not multinational giants (like Philips).



The response to the news was unsurprising. Will Team UPC acknowledge defeat and move on? Never! Their media, as well as their own blogs, will sing the same old tune, which is "real soon now!" (they have been saying this about the UPC for over half a decade now, even predating the buzzword "UPC").

"It's all about domination over European companies, not by European companies, certainly not the 99% of them that are not multinational giants (like Philips)."Here is one example of this. "UK’s ratification of UPC agreement delayed," according to the headline. But no date is given. They mean called off. Until further notice at least. The word "delayed" is loaded as it implies that this will happen sooner or later. To quote this article (from the patent microcosm's 'news' site): "On the eve of the UK government triggering Article 50 to kick off the Brexit negotiations, it is looking less likely that the country will ratify the Unified Patent Court (UPC) Agreement before the start of EU talks."

Or ever! Forget about it. The headline could easily be written to say something more honest, but the site has an agenda. It's not Europe's agenda but some law firms' agenda.

As Benjamin Henrion put it, "the UPC camp will say UK still has 2 years to ratify."

2 years. 22 years. What's the difference anyway? It's always "real soon now". It's always inevitable, unstoppable, just a matter of time or whatever. We have grown tired of these sick lobbying tactics.

"It's not Europe's agenda but some law firms' agenda."What does the mainstream British media say down in London? The Financial Times was already bribed by the EPO (another brilliant Battistelli policy) and then promoted the Unitary Patent (on numerous occasions even), so those within the patent microcosm who cite it must be desperate or simply ignorant about the financial strings. This one says "May 'softens' on role for the #CJEU post Brexit ... a chink of light for the #UPC?"

No, nothing of that kind.

Dr. Glyn Moody quoted earlier today a tweet from the Financial Times that said "European Courts will have "no future role" in UK law after Brexit, insists David Davis..."

Moody continued by stating "so that means no flights between UK and EU, no? also, no #UPC..."

Here is another concerned voice saying "Certainty on UK's #UPC ratification needed ASAP Wednesday briefing: Brexit – the next two years start now..."

"Dr. Glyn Moody quoted earlier today a tweet from the Financial Times that said "European Courts will have "no future role" in UK law after Brexit, insists David Davis..." "Needed for who? Team UPC? Uncertainty is needed. The UPC is not happening here and it's good for British firms. The last thing they would want is UPC certainty of any kind. The only such certainty is being given by Team UPC itself, as it continues to mislead the public about the situation. As the EPO paid a lot of money to all sorts of publications we must wonder if this new article too is some kind of 'placement'. They're just quoting Battistelli's lies about the UPC (in the Canadian press). This is a fine example of poor journalism or perhaps PR money at work.

What does British press for lawyers say? Well, a prominent site went with "BREXIT: Triggering of article 50 makes UK's ratification of new Unified Patent Court more uncertain, says expert" (more or less accurate). Here is the opening part:

Christopher Sharp of Pinsent Masons, the law firm behind Out-Law.com, said the triggering of article 50 of the Treaty on European Union by the UK government on Wednesday makes it less certain that the UK will formally ratify the UPC Agreement.

Sharp said many were surprised in November when the government announced that it intended to move forward with plans to ratify the UPC Agreement.


But that was Lucy, who has since then been fired or resigned. We wrote the following series about it at the time.



What does Battistelli's lapdog (IAM) say? Well, it links to the above article and says: "Think this is true, but government does seem to be pulling back on its previous no ECJ absolutism."

"They are again spreading uncertainty and doubt about ECJ, probably as part of their longstanding lobbying endeavour."No. See the above quote from/about David Davis himself. They are again spreading uncertainty and doubt about ECJ, probably as part of their longstanding lobbying endeavour.

"They won't pull back," an EPO insider told IAM, "in fact just the opposite will happen !"

Looking at Team UPC blogs and sites, it's quite a parallel universe!

Marks & Clerk, for example, having repeatedly lied for UPC ratification purposes, is trying to sell services now. Well, only a fool would trust anything they say on the UPC given their track record. They now state that "[i]t is important to note that a unitary patent is not available if a European patent is granted before the Unitary Patent and UPC systems come into effect."

"Looking at Team UPC blogs and sites, it's quite a parallel universe!"What a loaded statement. We're not even at the stage when the UPC even exists! They've already taken it one step ahead. How typical of them...

Here is another law firm trying to sell services around this news. "What is less certain is the fate of the Unitary Patent and Unified Patent Court (UPC)," it says. "Both of these systems - currently predicted to come into force by the end of 2017 or start of 2018 - are currently only open to EU members. If the current timetable does not slip significantly, these are expected to come into force while the UK is still an EU member and therefore they will apply to the UK. What is less clear is whether the UK can remain a member of the Unitary Patent and UPC after leaving the EU. This is likely to be one of many issues on the table in the upcoming negotiations."

Notice how they already shift the expected day to 2018. They just can't stop changing their predictions all the time. Later this year they'll say 2019, then 2020. So much for 'legal advice'...

Moody spotted this passage from an article shared by Christopher Weber from Germany: "Kommt der Brexit, steht das gesamte neue europäische Patentsystem wieder auf der Kippe – noch bevor es überhaupt gestartet ist..."

A rough translation from German: "Comes the Brexit, is the whole new European patent system back on the brink - even before it is ever launched" (unedited, automated translation).

"Notice how they already shift the expected day to 2018. They just can't stop changing their predictions all the time."Yes, it's a dead project.

Weber had said: "Maybe time again to point out what I said about the #UPC 2 days before the #brexit #Referendum [...] We'll what I said was more in the vein of: we could get up to 2 years delay + cost/benefit relation will change. [...] I learned since then that at least big parts of the industry want to go ahead with UPC w/ or w/o UK."

That's a lie. Law firms (and big clients) are not "big parts of the industry", though Weber insists that they are. A UPC-like regime would be good for patent trolls, but Weber just calls "trolls" people whom he does not agree with.

Henrion asked him, "big parts of the industry means large companies?"

Weber responded in a self-defeating fashion with "People from Bayer and Siemens said so at last year's GRUR, so, yes. I have not heard to the contrary from any part of industry."

"Law firms (and big clients) are not "big parts of the industry", though Weber insists that they are."Monsanto and Siemens is "big parts of the industry"? They're more like patent bullies. Of course they would want the UPC! Easier litigation everywhere.

"Wake up and face reality," the EPO insider then noted. "UPC is DEAD !"

Lies are abundant among Team UPC. In fact, they have become the norm. Consider what Withers & Rogers, for example, just published. It seems to be a law firm that patently lies. "Great for SMEs," it said about the UPC. "Chance to leverage 25 country injunctions in a single action. Lower court fees."

How many SMEs even operate in 25 countries? SMEs themselves have already refuted this lie and Henrion told the above firm, "trolls not SMEs."

"Lies are abundant among Team UPC."Maybe in the eyes of law firms, "small" companies that come to them make nothing at all excerpt lawsuits.

Anyway, the UPC certainly looks like history and it may take several years before any clear answers are available. Does this mean that the 'Mafioso' at the EPO will have an excuse to demand another extension of his term, going into his seventies in clear defiance (yet again) of the rules? It would not surprise us at all.

Recent Techrights' Posts

EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
 
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
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
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
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
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"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
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
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
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
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