Bonum Certa Men Certa

The British Election May Have Just 'Killed' the Unitary Patent (UPC)

Jeremy Corbyn Jeremy Corbyn might actually become the next Prime Minister. Photo credit: Sophie Brown.



Summary: With political turmoil in the UK, including a chaotic coalition with nationalists in it, UPC is again at the very bottom of all priorities and it's possible that Conservatives will fail to form a government, throwing into disarray any promises previously made in relation to the UPC

TECHRIGHTS has hardly said anything about the UPC for a couple of weeks (due to absence and catchup time), but a lot has happened, especially in light of the British election. Why? Because the UPC is in a limbo, primarily because of the British. The election backfired badly on Theresa May (whose career is now uncertain and whose party might even let loose the Prime Ministerial position). Where does that leave the UPC? Let us clarify before the spin comes around, primarily from Team UPC (probably as early as Monday).



First, let's start with a little bit of background and recent developments. The EPO's management obviously wants the UPC, but the impression we get from ordinary EPO staff is that they hate it. They know that the UPC would potentially doom them and end their careers, not to mention harm Europe. They would be correct to feel this way and we have written on the subject for nearly a decade. Even when it was known as "EU" or "Community" patent the benefits to Europe were dubious at best. It just made Europe more attractive to sue in, not to sue from. After several rebrands they decided to go with words like "unity" (and "unitary" or "unified"), basically marketing the same pile of dung under false pretenses.

"Even when it was known as "EU" or "Community" patent the benefits to Europe were dubious at best."We often joke about the pronunciation of UPC, which is of course just an acronym. We could perhaps pronounce it "oopsie", one person told me, "as UP oop C says its name..."

This proposition came up after I had suggested that we collectively pronounce UPC as "oops" or "whoopsi", much like "Oh Oh XML" (OOXML) for OpenXML, which was neither open nor XML (it has binary enclosures in the tree).

The name aside, what is the UPC really? It's the wet dream of the litigation industry and its biggest clients, which are more often than not foreign (not European, just hoping to sue in Europe, taking action against European companies).

Looking at Managing IP (MIP) coverage prior to the election, it talked of "the delayed start of the UPC, the impending Brexit has cast a shadow of uncertainty over IP law."

"No," I've told MIP, "it's not "delayed", UPC might be dead in the UK but keep flogging this horse..."

"It's the wet dream of the litigation industry and its biggest clients, which are more often than not foreign (not European, just hoping to sue in Europe, taking action against European companies)."For those who have not been paying attention, MIP is responsible for a lot of UPC propaganda. A lot. It recently issued yet another one of its infamous "progress reports" for the UPC -- those that have us deluded into thinking that it's all just a matter of time. It recently published "Are you braced for Brexit?" and "This article is brought to you by our Trademark Times 2017 sponsors..."

Yes, sponsors. Like those pro-UPC events that MIP keeps organising, filled with staked panels and typically some liars from Team Battistelli.

The truth of the matter is, the Preparatory Committee of the UPC has already pressed the brakes on progress and is mostly silent these days. There is no concrete, substantial preparation (except preparation of propaganda). Here is a pro-UPC blog, run by Team UPC itself, saying that according to the Preparatory Committee the "Unified Patent Court will not start operating this year" (that's the headline). The key part:

The previously announced target date for the entry into operation of the Unified Patent Court, envisaged for December 2017, cannot be maintained. This has been reported by the UPC Preparatory Committee.


So once again they have lied or created false expectations. They do this every year. Why would anyone still trust anything they say? As a pro-UPC voice put it: "The previously announced target date for entry into operation of UPC, envisaged December 2017, cannot be maintained." (linking to this official site)

IAM retweeted this and added: "The UPC won't enter into force in December 2017. Whether it will in 2018 - or even ever - remains to be seen. Much depends on Brexit talks."

"The truth of the matter is, the Preparatory Committee of the UPC has already pressed the brakes on progress and is mostly silent these days."And now that Theresa May is in serious trouble it's not even clear if there will be Brexit talks later this month as scheduled (some reports this morning said it would happen, citing May's team, but it's not clear if this team is about to get broadly sacked, just like May's senior advisors). According to a new poll (to be added to daily links later today), 60% of Conservatives (actual insiders!) oppose May and another new poll says that half the public wants her to step down.

Incredible, eh? So much has changed so quickly.

CIPA, a malicious pressure group of patent law firms (it lies to the public, corrupts our politicians, helps patent trolls and so on), recently set up a seminar which according to this site further promotes the delusion of UPC inevitability. Who are these people kidding? Are they trying so hard to make lawyers synonymous with liars?

"McDonagh, an expert in this area, labeled it "patently unclear" and this lack of clarity means that the UPC remains in perpetual limbo, preventing any progress from being made."Dr. Luke McDonagh, a scholar from London, responded to the result of the election by stating : "The most important issue of the day is, of course, what will happen to UK participation in Unified Patent Court?"

McDonagh, an expert in this area, labeled it "patently unclear" and this lack of clarity means that the UPC remains in perpetual limbo, preventing any progress from being made.

The other day we saw the lawyer's press acknowledging some of the issue as follows:

The entry into operation of the Unified Patent Court (UPC) will not occur in December 2017, the previously announced target date. This means the long-awaiting Unitary Patent (UP) and Unified Patent Court (UPC) regimes will not be up and running, at the earliest, until sometime in 2018.

Delays in the progress of national procedures concerning the ratification of the UPC Agreement and the participation in the Protocol on Provisional Application have been cited as the reason for the December 2017 target date being unable to be maintained. A revised target date has not yet been published.


They'll then say 2019, 2020 and so on. Wait and watch. It's becoming expensive and cumbersome for law firms that put many of their eggs in the UPC basket, notably the likes of Bristows, whose lies will be the subject of our next post. In Germany, Christopher Weber wrongly asserts or at least assumes that the the UPC is inevitable (money first, common sense later) when he writes: "More stalling by the UK could lead to fewer qualified judges applying for UPC. Plan B: UPC w/o UK."

"By the time there's clarity Battistelli might already be in a mental ward, the EPO utterly destroyed (many layoffs are expected), and people like Maas (UPC proponent) out of their job."Yes, that might actually happen, but they cannot just dump the UK until it's clear what is happening. The UK is under considerable political uncertainty at the moment (it's all over the news this weekend), so Plan B won't be considered for a long time to come, perhaps even years. By the time there's clarity Battistelli might already be in a mental ward, the EPO utterly destroyed (many layoffs are expected), and people like Maas (UPC proponent) out of their job.

Recent Techrights' Posts

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026