Bonum Certa Men Certa

German Barrier to the Unitary Patent (UPC) is Bound to Bring the Insidious Plans to a Halt

This isn't how Team UPC predicted it would go down...

German and English UPC



Summary: With two of the largest economies in Europe unable to ratify the UPC (oopsie), doubts about the Unified Patent Court (UPC) grow and it's not clear if it will ever become a reality at all (anywhere)

THE British general election was bound to cause a disaster to the UPC and it definitely was, as we explained yesterday. Now it's Germany's turn to deal a death blow, bearing in mind that Germany cannot press on without the UK (as the UPC in its current form is highly if not strictly dependent on the UK).



Some time ago we took note of Constitutional issues regarding the UPC, specifically but not only in Germany. Benjamin Henrion has in fact stressed this many times before. As for Germans, they don't want the UPC; heck, many of them barely tolerate the EPO and days ago there was a protest against the EPO for granting patents on seeds (photos from the protest in Germany have just been uploaded).

"...British general election was bound to cause a disaster to the UPC and it definitely was, as we explained yesterday."The latest development we first became aware of thanks to Eleonora Rosati, who wrote a couple of quick tweets [1, 2] linking to this report from Germany. "Major news," it stated, "German Federal Constitutional Court stops Unitary Patent..."

"So I was right all along," I told her, "wasn't I? Unlike Bristows, the liars..."

She happens to write in the same blog as those liars (IP Kat), but she should not be held accountable for Bristows' record of never-ending lies, including about Germany.

IP Kat tweeted about this and later on Mark Schweizer, whom we trust, wrote a quick blog post about it. Jane Mutimear quickly commented to say: "Our understanding is that this is an agreement by the Office of the President to suspend ratification pending the Court's determination of the issue in the ongoing expedited proceedings before it. The Court has not yet reached a decision."

"Now it's Germany's turn to deal a death blow, bearing in mind that Germany cannot press on without the UK (as the UPC in its current form is highly if not strictly dependent on the UK)."This is an important clarification and the subject of an ongoing conversation there. Here is Tom Mitcheson explaining [1, 2]: “Federal Constitutional Court (BVerfG) has asked Federal President not to pass the laws already approved by Bundestag and Bundesrat. Karlsruhe was advocated, because a hitherto unknown private person had brought constitutional complaint.”

Some EPO insiders told us about the seminal article, "BVerfG stoppt EU-Patent," and others clarified the meaning: "Asked the president not to sign it yet - not quite stopped."

Well, it's certainly a barrier nonetheless and Battistelli is running out of time (see the latest report from Heise). "They cannot go ahead without the UK anyway," I replied, "and it's in shambles here." (politically)

Henrion then weighed in and EPO insiders replied with: "Not yet, it's postponed" (technically yes, but this could be a mortal blow).

"Some time ago we took note of Constitutional issues regarding the UPC, specifically but not only in Germany."The outcome now depends on what we do about it, always in the face of many lies from the likes of Bristows and politicians they mislead so as to get papers mindlessly signed.

"They postponed the decision," the insider continued, "but in the end they will not go on with it..."

"Yes," I responded, "they are losing momentum. The morale games are being played cleverly by CIPA (now INSIDE IP Kat), Bristows etc."

CIPA's 'infiltration' into IP Kat is a subject we'll cover separately, hopefully later tonight.

"The outcome now depends on what we do about it, always in the face of many lies from the likes of Bristows and politicians they mislead so as to get papers mindlessly signed."Axel Horns wrote: "[In English] Tomorrow F.A.Z will run a report saying that German Constitutional Court may object to #UPC, asking Steinmeier not to sign..."

"Let's wait and see if the FAZ tells us what the case is based on," someone responded to him after had he reminded folks of Siegfried Broß's opposition to the UPC: "Within this context, see also http://kluwerpatentblog.com/2017/05/25/rule-law-epo-ugly-writing-wall/?platform=hootsuite&print=pdf … #Bross #EPC"

Hendrik Wieduwilt ‏also mentioned the upcoming FAZ report: "EXKLUSIV: @BVerfG stoppt einheitliches EU-Patent; Karlsruhe hat BuPräsidenten gebeten, Gesetze nicht zu unterschreiben. Morgen in "FAZ"."

"Anyone in Germany can file such a complaint -- a move that we strongly encourage."Not even Dr. Luke McDonagh‏ overlooked such a major event.

"I guess Ingve filed a constitutional complaint," Henrion privately told me, adding that he is "looking to file one as well..."

Anyone in Germany can file such a complaint -- a move that we strongly encourage. It's easier for German residents to do so.

EPO staff whom we heard from is generally happy about the news. They know that the demise of the UPC may mean the exit of Battistelli and reversal of at least some of his controversial proposals, which clearly contravene the EPC.

Recent Techrights' Posts

Firefox in Trouble in the US, Down to Lowest Level in 20+ Years
more sites will stop or intentionally neglect Firefox support
Clownflare: More Than 1 in 5 Laptops or Desktops in El Salvador Run GNU/Linux or ChromeOS
Clownflare Radar reckons it's more like 20%+ now
Omarchy is Already Dying
Same as the life cycle of slopfarms
 
Links 20/08/2026: Facebook "Ran Ads for an App That Promised to Nudify Female Politicians" and Facebook Faces "Social [Control] Media Addiction Trial"
Links for the day
Clownflare Sees GNU/Linux at 16% Market Share on Desktops/Laptops in Tajikistan
in Tajikistan it seems like adoption of GNU/Linux is exceptionally high, based on a very large data set associated with Web access
The Demise of Social Control Media Continues
Entering (anew) social control media in 2026 seems foolish
SLAPP Censorship - Part 155 Out of 200: Throwing Stones in Houses Made of Glass
character-assassination-as-a-service
Gemini Links 20/08/2026: Planners, Pantsing, Vinylyssee
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 19, 2026
IRC logs for Wednesday, August 19, 2026
Gemini Links 19/08/2026: "Big Boost in Autonomy" and "Answer of E-Mail"
Links for the day
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day