Bonum Certa Men Certa

Unitary Patent (UPC) Will Start “Real Soon” Now... Said Team UPC For So Many Years

Related: New Paper Demonstrates That Unitary Patent (UPC) is Little More Than a Conspiracy of Patent 'Professionals' and Their Self Interest

Iraqi information minister



Summary: The Unitary Patent or Unified Patent Court Agreement (UPCA) is going nowhere fast, but those who spent time and money promoting it for self gain continue to lie to the press with overly optimistic predictions, unrealistic timelines, and Kool-Aid about the supposed 'benefits' of the Unified Patent Court (UPC)

SEEING some of the latest developments surrounding the mythical Unified Patent Court (UPC) is... well, pleasing to say the least. It was inevitably going to happen. It was going to blow up. The nonchalance and self-deception of Team UPC was all along in vain. All it accomplished is, clients came for bad advice (notably on UPC) and maybe even fell for it.



Writing to us about the UPC discussion, one reader told us: "Do you remember the former Iraqi information minister who gained a lot of (doubtful) fame for his bizarrely distorted statements during the third gulf war (see this)? Why am I suddenly reminded of this when reading some claims made in the UPC context?"

Earlier today we saw decent publications such as IP Watch actually quoting the serial liars from Bristows regarding the UPC. Don't they know that Bristows staff will lie for profit? Even fabricate news (fake news) for the sake of the UPC?

Watch their cognitive dissonance in the wake of the election that led to May's coalition of chaos (possibly irreconcilable):

“We see no signs that the new political landscape is going to have any impact on the government’s plans concerning the UPC as they were prior to the election,” Rey-Alvite Villar told Intellectual Property Watch. The Conservative government is essentially the same, so there’s no reason why it would take a different position from the last government, he said.


Rey-Alvite Villar is not British and he works for a firm that's part of the UPC conspiracy. Why even quote these people on this subject?

A more balanced interpretation of the situation came from Thorsten Bausch (Hoffmann Eitle), who said this:

"My own interpretation (and at this point this is mere speculation, but too tempting not to mention it!) is that the Bundesverfassungsgericht’s request to the President is based on the pending constitutional appeals against the EPO on which I wrote earlier in this blog. If the Bundesverfassungsgerichts is of the preliminary view that any of the pending four constitutional complaints may have merit, it would make eminent sense to request the President, at least for the time being, not to sign the UPCA ratification bills and first await the Federal Constitutional Court’s decision on these appeals, in order not to create faits accomplis. The decisions on these four appeals are expected later this year, but an exact point in time has not yet been defined."


We don't know who filed the complaint, but we can guess. We still inquire about it.

Benjamin Henrion, who thinks that Dr. Ingve Björn Stjerna may have initiated it all, asked, "German companies and citizens will also have to rely on non-legally binding automated translations from English?"

The UPC is undesirable for all sorts of reasons. Very few would benefit from it at the expense of the large majority of individuals and companies.

Regarding Brexit, one person wrote: "Correct from the UK point of view - we leave in interesting times."

Leaving the UPC Agreement (UPCA) and possibly the EU as well.

Here is another new comment about it:

Does anyone know how long the Bundesverfassungsgericht will take to provide a ruling in this case? Indeed, is there any possibility for the proceedings to be accelerated, for example in view of the upcoming Brexit deadline?

I have not yet seen anyone seriously suggest that the UK can ratify the UPC after Brexit. However, if the BVerG takes as long with this case as is has done with the pending complaints relating to EP patents, then we could end up considering that very question in great detail.


The combination of the General Election, Brexit, and now the barriers at Europe's largest economy may prove lethal. Even pro-UPC publications such as IAM have begun expressing the view that UPC might never happen. At all! We gave some quotes and examples yesterday.

As we have been pointing out quite a few times, many views that are sceptical of or hostile towards the UPC are being deleted by Team UPC. There is an aggressive campaign of deception. They think they are fighting an information war in which all means at their disposal are permissible. We last wrote about the censorship 2 days ago.

In a censorship-rich thread about the UPC (at IP Kat, where many comments mysteriously fall into a hole) someone is now speaking of "problems with the current UPC agreement," stating that "everyone agrees that the current agreement would need to be amended..."

Squire Patton Boggs' Florian Traub and Gillian M. Dennis wrote this article about it in which they conclude that the German Federal Constitutional Court "could prevent the launch of the Unified Patent Court and Unitary Patent regime in its current form altogether..."

Here is the concluding part: "The ratification of the Unified Patent Court Agreement (UPCA) by Germany is likely to be delayed, knocking back, perhaps significantly, the launch date of the Unified Patent Court and Unitary Patent. It is expected that the Court will issue an order regarding the constitutional complaint in the next 6 months, raising the prospect of a delay of the Unified Patent Court and Unitary Patent into the first part of 2018. That presupposes, of course, that the complaint ultimately fails or the legislation can be remedied following directions by the Court. If however the Court finds the legislation unconstitutional in its entirety, it could prevent the launch of the Unified Patent Court and Unitary Patent regime in its current form altogether, as the regime cannot come into effect until Germany has ratified the UPCA."

The European Union without United Kingdom cannot go ahead with UPC. As someone in the commens put it, the "current agreement wouldn't enable the UK to stay in the UPC after Brexit"; Well, this is why it's practically dead. The UPC in its current form says "UK" and "London" in it. If the UK won't participate, then they need to rewrite the whole thing and restart the ratification process in every single member states. This can take years. And who knows what might happen in the mean time...

Here is one of the latest comments on the matter:

If G&P are to be believed (and I take this to be your position), the UPC - if it came into being under the provisions of the current UPC Agreement - would not form part of the national legal order of EU Member States. This means that bringing the UPC into being under the current Agreement would create a court that is not able to refer questions to the CJEU. This is because there would simply be no legal basis for the UPC to make such references.

The situation would be different if G&P were wrong in the sense that, under the current Agreement, the UPC would actually form part of the national legal order of EU Member States. In that event, the UPC could rely upon the authority of Article 267 TFEU to make references to the CJEU. The flip side of this, however, is that it would be impossible for the UK to continue to participate in the current UPC Agreement post-Brexit...

In other words, you can't have your cake and eat it.


The response to the above says this:

...you are still talking about the current UPC agreement.

Why?

Everyone agrees that the current agreement wouldn't enable the UK to stay in the UPC after Brexit. Everyone agrees that it therefore needs to be amended.

In those circumstances, I think it's rather irrelevant to take an abstruse point about whether the UPC (under the current agreement) would form part of the legal order of national EU states.

But I think where G&P are coming from, perhaps, is that the UPCA is an international agreement, which doesn't naturally form part of the EU legal order in and of itself. Currently it gets that status by reason of being a court common to a number of EU member states, and only EU member states. But it would lose that status when one of the states leaves the EU. Amendments are then required so that the EU legal order continues to apply in some other way.


Again, this can take a very long time and there is no guarantee that politicians will offer consent to the said amendments. The UPCA is basically stuck again and there is no imminent redemption, irrespective of what the UK does next.

Recent Techrights' Posts

Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
 
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026
Great Reset at IBM, the Company That Pulps Red Hat
In 2026 many workers are RTO'ed, PIP'ed, and at Red Hat many have effectively 'left the company' and now start afresh as "IBM" staff
The "Alicante Mafia" - Part II - Breakout of Discontent This Winter in Europe's Second-Largest Organisation
So far we've caused a lot of panic and stress inside Team Campinos
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
J.H.M. Ray Dassen & Debian, Red Hat, GNOME unexplained deaths
Reprinted with permission from Daniel Pocock
At Microsoft, "Firing People is a "Cheat Code" to Pump the Stock Short-term But They Are Literally Destroying the Company's Soul Long-term."
They frame layoffs as a "success story"
Gemini Links 16/01/2026: "Porting My Main Website Over to Gemini" and Seeed Studio DevBoard
Links for the day
IBM Stacked and Ranked Badly, Maladministration Dooms the Company
Now they stack people up for PIPs and layoffs ("RAs")
Google News Poisons Its Own Index With More Slopfarms (Including "filmogaz")
Naming and shaming lazy slobs who rip off other people using LLMs can work, eventually
Links 16/01/2026: UK Royal Family's "Legal Team Accused of Dishonesty, Fraud and Misconduct", OSI Still Controlled by Microsoft (the OSI's Spokesperson is on Microsoft's Payroll, Not Interim Executive Director, Deborah Bryant)
Links for the day
Writing About Corruption
Fraud is everywhere
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day