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

The Free Software Foundation (FSF) Has Un-cancelled the Best People, Just in Time for the Big 4-0
Mr. Oliva should have been there all along (since 2019)
Most "Modern" Technology Makes You Slower and Dumber
Because proprietary software makes you worse off
"What Comes After Free Software?" Wrongly Insinuates We've Reached the Goal (Prison is Not the Goal)
The oil tycoons use similar tactics against environmentalists, giving them fake "wins"
Making More Work Space
I learned the hard way that less is more in circumstances where more means distraction
MAHA is a Lie, Public Officials Never Valued Citizens' Health (They Still Value Private Businesses, Their Sponsors)
Reject demagogues
New Techrights Turns 2
Today starts the third year of the SSG-based Techrights
What Scares Them the Most is Independent News Sites That They Cannot Control and Censor
Wikileaks was a good example of this
If You Don't Control Your Online Platform, Then Someone Else is Controlling You
be (or become) independent
 
Links 23/09/2025: Japan Limits Uses of Skinnerboxes ('Smartphones') With Toxic "Apps", Fentanylware (TikTok) Tapped by "MAGAts"
Links for the day
Brett Wilson LLP Has Just Been Sued (by Their Own Clients!)
Vladimir and Alla Yanpolsky sued Brett Wilson LLP in BL-2025-001167 at the end of last week
The Complaint About Brett Wilson LLP - Part II - UK SLAPPs for Americans, SLAPPs for Profit
Brett Wilson LLP has a track record of this kind
Mayday: Optus emergency calling crisis
Reprinted with permission from Daniel Pocock
Links 23/09/2025: Massive Data Breach, Slop Versus Productivity, and Vista 11 Update Breaks Things Again
Links for the day
Code of Censorship
Extortion is peace
Free Software Foundation (FSF) Has a New Press Kit for the Weekend After Next Weekend (40th Anniversary)
miles better than social [sic] media [sic] quips, moderated by narcissists and oil tycoons.
Microsoft Had Two Waves of Mass Layoffs This Month (That We Know of) and It'll Get Worse for Microsoft Soon
Will the axe fall again by month's end?
Gemini Links 23/09/2025: Happy Equinox, Photronic Arts, and Perception Cognition
Links for the day
Lessons We've Learned After 17 Years of American Hosting
GAFAM is "all-in" with the "Trump agenda"
Back to Normal Now, We Plan to Do More In-Depth Series (or Multi-part Stories)
Articles (or series thereof) that contain philosophy are important to us
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 22, 2025
IRC logs for Monday, September 22, 2025
Microsoft Media is Panicking Amid Mass Layoffs Every Month, H-1B Fees, and "Seattle’s Tech Scene in Trouble"
In "late stage Microsoft", copyleft becomes proprietary
The Next Wave of IBM/Red Hat Layoffs Being Discussed Already
Red Hat is sort of disappearing the way Tivoli did
Oracle Started This Year With Slop. Then It Stopped.
Passing fads are like this
Distros That Run on PCs Made 20 Years Ago and Don't Use Systemd
Betas for now
The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
The Complaint About Brett Wilson LLP - Part I - Abusing British Women on Behalf of American Men Who Abuse American Women
Transparency is important to us, so we've decided to make this series
Slopwatch: Google News and the Evident Slopfarm Infestation
This is what people get about Linux when they query Google for Linux
Links 22/09/2025: Murdochs Might Join Fentanylware (TikTok) 'Investors' (Masters), United Kingdom Recognises Palestinian Statehood
Links for the day
Gemini Links 22/09/2025: Esperanto Music History and Apps For Android
Links for the day
Links 22/09/2025: More American 'Censorship' (Retaliation for Journalism), Cheeto "Might Be Losing His Race Against Time"
Links for the day
The Blob Slop
Give me more words, give me some text
The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025