Bonum Certa Men Certa

Former 'Kats' Debunk IP Kat (Bristows) on Unitary Patent, Insisting It May Even be Dead

Also: The Tide Has Turned Against the Unified Patent Court (UPC) and It Finally Looks as 'Alive' as TPP

David PearceSummary: Team UPC, whose entire raison d’être is to promote the UPC, struggles to reinvent itself and instead tries drawing blood from a stone, causing all sorts of disagreements among patent professionals (those who aren't in Team UPC)

THE EPO continues to remain silent about the UPC. That silence is due to the fact that the UPC -- like the EPO under Battistelli's atrocious leadership -- may be dying. It's an existential crisis.



Team UPC, however, refuses to remain silent, except when it comes to Germany (it just doesn't want to even touch the subject). Watching Bristows, for example, has become pure comedy/hilarity! Bristows are so technically incompetent that their main RSS feeds are broken (to the point of being not parse-able at all) and their UPC blog is nearly abandoned. It's actually syndicated in such a way that the RSS feed is so bloated that it goes all the way back to 2013! They can't even figure out how to use a decent CMS!

"Team UPC, however, refuses to remain silent, except when it comes to Germany (it just doesn't want to even touch the subject)."Anyway, Bristows remains the last hope of UPC hopefuls. IAM keeps citing Bristows as if it's an accurate source of information (IAM itself is supported by the EPO for UPC propaganda) and based on the Estonia mirage (or Slovenia being the latest distraction vector), Bristows staff wrote this anonymously in Kluwer Patent Blog (after getting caught deleting comments in Kluwer Patent Blog). How much worse can it get? They don't have audience in their blog (they have in fact mostly dropped their own Twitter hashtag after it had been used to debunk them) and now they prey on other blogs! We have already debunked the latest talking points from Bristows twice [1, 2], first based on Bristows' blogs and then IP Kat (where Bristows intruded, as usual). But they can't stop, can they? Even former 'Kats' criticise this, not to mention commenters in IP Kat (those whose comments don't get deleted).

Well, yesterday we spoke to (or exchanged a word with) a former (IP) 'Kat', David Pearce (better known as "Tufty the Cat"). He isn't too happy with the unwarranted UPC optimism and he wrote: "I wonder, do these #upc people have an inside track on #brexit negotiations? If not, their guess is as good as anyone else's. [...] Educated guesswork, but nonetheless just guessing. I predict it's dead, but I'm just guessing too."

"We have already debunked the latest talking points from Bristows twice..."He later said: "I think Barnier and Juncker are desparate not to make brexit a success. If they prevail, I can't see how #upc could go ahead."

Barnier was actually one of the main forces behind UPC.

This isn't the first time that Pearce expresses discomfort over Team UPC's claims. He even links to our responses to these UPC claims sometimes.

Meanwhile at IP Kat (yesterday), Annsley Merelle Ward from Bristows continues to write about the UPC as though it's a done deal just waiting to be sealed/approved. To quote from an 'interview' (advertisement): "Also, as reported previously on the IPKAT the European Trade Secrets Directive will be implemented in Denmark through an entirely new and independent act on trade secrets."

Will be?

"Misattributing claims to Alexander Ramsay, some already pretend that UPC will kick off at the start of next year."As if it's inevitable? The word "would" could be excused, but not "will".

Denmark seems to have just sacked its own head of PTO (DKPTO). Nothing is certain.

Nowadays, Alex Robinson‏ is emerging as a raving fan of UPC and defender of Bristows' spin. Responding to this baseless prediction (which upset Pearce), he later wrote (after challenge): "This seems to me to be a diplomatic way of saying "we have as much idea as the rest of you" - i.e. little to none..."

Misattributing claims to Alexander Ramsay, some already pretend that UPC will kick off at the start of next year. Is this what they tell clients too? Will they lie to them? Will it be like those infamous scenarios where lawyers give clients the "professional advice" which it to give more money to lawyers for more "professional advice"?

“I heard that the Constitutional Court should decide within ~6m whether the action has merit.”
      --Glyn Truscott
There are more comment on these tweets from Mr. Pearce, whose honesty on these matters we've always appreciated (standing out from the crowd that worships a naked emperor isn't easy).

Glyn Truscott‏, a Patent Attorney/Partner at Elkington + Fife, wrote [1, 2]: "I heard that the Constitutional Court should decide within ~6m whether the action has merit. If so, will then be passed to another court....whether this is correct remains to be seen. All a bit opaque at the moment!"

Yes, obviously. In light of the situation at the EPO, it's looking grimmer. What are the chances of a UPC any time next year? Even raving fans like IAM think that the chances are slim.

Regarding the situation in the UK, see the following new comment which stresses the impact of Brexit:

Before the UK parliament debates the affirmative SI , would it not make sense for the JCSI to first check whether there is any possibility of the UK staying in the UPC post-Brexit?

Even if one assumes that Gordon and Pascoe are correct and that the UK's continued participation is possible, there are a number of preconditions that must be met. The problem for the government is that some of those preconditions might be (politically or practically) impossible, or inconsistent with the government's Brexit policy in another area.

Problematic areas that immediately spring to mind are the jurisdiction of the CJEU (both Mrs May and, more worryingly, Mr Hunt have said that this must come to an end) and the time that it will take to get all relevant parties to agree upon and ratify a revised version of the UPC Agreement. The latter point is particularly challenging, as I would question whether there is already too little time - and there will certainly be too little by the time that we might actually know what the UK's exit agreement looks like (and so precisely how the UPCA needs to be re-written).

To me, it would seem to be the worst of all possible worlds for the UK to help bring the UPP to life, only then to (shortly afterwards) exit the EU and (likely) both leave the unitary patent system and bring into doubt the continued validity of anything done under the UPC Agreement. That would take the levels of uncertainty for rights holders and third parties to truly stratospheric levels.

Of course, to take any of this into consideration would require joined-up thinking within government... and so I guess that I had better not hold my breath waiting for that to happen!



A lot of these comments keep citing Gordon and Pascoe, but they too have a financial objective and eggs in the UPC basket. As the above notes, Brexit expectation makes "Unitary" patents rather unattractive a prospect in the UK and brings "the levels of uncertainty for rights holders and third parties to truly stratospheric levels."

We don't expect Team UPC's dedicated writers to quit blogging about the UPC (probably writing about some nations with a very small number of European Patents) if only just to justify their existence. They accomplish nothing by doing this; it merely disgraces their employer and sullies their reputation. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part XXXVII - Tasteless, Tactless Time for "Virtue-Signalling" (When Your Actions Are Much Like the GOP's)
Violence by cops isn't a "leftist" thing
United Arab Emirates: GNU/Linux at Over 8%
According to statCounter
As XBox Goes Out of Business Helen Chiang Adds Insult to Injury
XBox sales are worst in 25 years
Intercontinental Brigading - Part XXXIV - Women as Hostages, Even Spouses
First he put his own spouse behind bars by accusing the spouse of what he himself seems guilty of
A Geminispace Tally
That's not the Web, it is an alternative to it
Intercontinental Brigading - Part XXXIII - Shooting the Messenger is a Presidential Tactic
why our ministers are looking for ways to fix the law.
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
 
Links 04/11/2026: Slop Helps Break Laws and Scam Altman Pretends Chatbots Are Persons
Links for the day
Gemini Links 04/11/2026: Abacus and Spare IT Equipment
Links for the day
Viet Nam and Thailand at High Adoption Levels of GNU/Linux, Other Nations Nearby Are No Exception
Helen Chiang and her colleagues say it's a "clown show" at Microsoft
Richard Stallman on What It's Like to be Threatened by Strangers With Software Patents
We hope that some EPO insiders will take time to listen to this talk
Stealth Layoffs at IBM (PIPs and Bailouts)
string of reports or unverified hearsay
Steven Vaughan-Nichols is Slop
Just look at this
The Register MS is "Hosting a Dinner" for Sponsors
Remember that The Register MS keeps publishing spam about "AI"
Intercontinental Brigading - Part XXXVI - A Potent Microsoft Threat to Administration of Justice Globally (Not Just Fair Elections)
Breaking into machines to cover up one's own crimes
Intercontinental Brigading - Part XXXV - When One Does Not Understand Security (Nor Ever Pursues Security)
One might therefore conclude that Garrett is a proponent of American back doors
Links 04/11/2026: "Democratic Establishment" Wins Big and "Pentagon Sued Over Hegseth’s New “Future of Warfare” Committee Led by Musk"
Links for the day
Andy's Latest Writings About Proton CEO Andy Yen, "JavaScript Required", and Slavery in Technology
Andy (of The Cyber Show) has some new material
Intercontinental Brigading - Part XXXII - Malfunctions Reported in Windows Voting Machines (as Usual)
"There are always problems," Ryan told us
Gemini Links 04/11/2026: GoAccess, Adopting Gopher, and Twisty Passages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 03, 2026
IRC logs for Tuesday, November 03, 2026
Intercontinental Brigading - Part XXXI - Microsoft and Promoters of "Secure Boot" Are to Blame
the important thing is that the dictator and Microsoft can remotely control all computers
Links 03/11/2026: Science Around "Near-Death Experiences" and "Do Animals Grieve?"
Links for the day
Gemini Links 03/11/2026: Guitar, 3D-Printable Electric Spinning Wheel, Against Haven Social, and More
Links for the day
Intel Corporation Down Over 51% in One Month, the US Bailout Didn't Work
Is the slop industry [sic] next?
Microsoft European Development Centre (EDC) Next to be Culled?
No time for that anymore
Intercontinental Brigading - Part XXX - Breaking This Year’s Election Process With Bug Doors in Restricted Boot
Thankfully here in the UK we typically still vote with paper and pencil
Mass Layoffs at SUSE, Over 10% of Staff Gone
Ignore their excuses
When You're a Software Developer and They Tell You That Your Occupation is Dead or Dying in Order to Sell Dysfunctional Offerings Based on Hype (and Plagiarism)
Disbelief is a strength when companies borrow trillions of dollars to sell a dud and construct a pyramid scheme
Links 03/11/2026: Slop-Tied Debt is Becoming a Crisis (Lenders Panic), "Ukrainian Journalists Urge Global Media Not to Look Away From Russian Aggression"
Links for the day
Malaysia Seems to be Exploring Digital Independence With GNU/Linux and More
not too bad
Microsoft Windows is Crashing in Republic of South Korea
Like in Japan, they seem to be shutting the lid on decades of Microsoft-isms
Think Less, Aim for Less (When It Comes to Hardware)
An abundance of hardware being wasted on a pyramid scheme will become a cautionary tale one day
Gemini Links 03/11/2026: Stargazing, Linux-Powered Prism "Ambient Computer", and Abandoning Streaming Disservices
Links for the day
GNU/Linux Made Big Strides in Portugal This Year
Microsoft had many layoffs in Portugal in recent years
GNU/Linux in Argentina Now Measured at 8% "Market Share"
Argentina is known for exporting skilled footballers, not advanced technology, but it has a large population, which we can hope will dump Windows
Microsoft is Borrowing Loads of Money While Telling 60,000 Workers to Take the "Offer" and Leave, Microsoft Wants Bailouts From the Dictator
Vote in elections and also vote with your wallet
Microsoft and Spoilt Food
Some whistleblowers may be needed here
Intercontinental Brigading - Part XXIX - Undermining US Election While Engaging in Lawfare in England (BBC) Against Publishers That Cover Anti-Election Violence
The elephant in the room is back doors in voting machines
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 02, 2026
IRC logs for Monday, November 02, 2026
Links 02/11/2026: Bracing for US Election and New Zealand Has November 7 Election
Links for the day
Gemini Links 02/11/2026: Beginning With Gemini Protocol, Looking for CoCs, and Slop for Local Data
Links for the day
NDA-Compatible PIPs and RAs at IBM Red Hat
We welcome Red Hat whistleblowers who can share with us the NDA/s passed their way
The Tower of Babel
More is not better
When Large American "Tech" Companies Can No Longer Complete Payroll
In spite of several very large waves of Dell layoffs, which the media reported on, it seems like they are still experienceng payroll problems, maybe that's why money is being borrowed
GNU/Linux Rises in African's Largest Population
15% in Nigeria [...] A country with over 200 million people
The Register MS Has Just Published a Fake Article With "AI" 28 Times in the Page (Communist Party of China Entity Paid for That)
In IRC, someone has just pointed out that an article at The Register MS repeats Microsoft's lies about its financial situation
Windows Down to All-Time Low, Says statCounter, While Microsoft Tells 60,000 Workers They're No Longer Necessary
Microsoft must be feeling "salty" right now
A British Uphill Battle to Eliminate Microsoft and Its American Back Doors
There are places of work and homes where GNU/Linux is installed and regularly used, not as a mere hobby but as a hyper-productive, practical tool
Writing for Good
The Web has an abundance of junk
Technical Coverage of US Elections
When elections are done by computers and decided by computers it becomes a tech issue
By Killing the "Linux News Section" in Softpedia (the Most Popular Section, Based on Its Editor) Softpedia Killed Itself
Enjoy Ballmer
Linkspam in "It's FOSS" Today (and It's Not Even FOSS)
free-to-access ad for some dodgy companies and the URLs are 'tampered' for cashback
Links 02/11/2026: Slop Destroying Mathematics and "Democracy is Not on the Ballot" (in US)
Links for the day
Celebrating Photography, Celebrating Life, Celebrating Magnificent Humanity, Not Plagiarism Disservices
Any time we adopt or spread slop imagery we are participating in the problem
Year-Long Celebration Starts on Saturday
This coming Saturday we turn 20
Intercontinental Brigading - Part XXVIII - Microsoft Doesn't Want People to Speak About Microsoft-Controlled Restricted ('Secure') Boot, a Silent Injustice and Back Door/Kill Switch
Can we please stop treating this as normal or acceptable?
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?