Bonum Certa Men Certa

Latest Attempts to Blow Air Into the Sails of the Sinking Unitary Patent (UPC)

Making up news about the UPC out of stuff that says nothing about it!

Self-fulfilling prophecy
Reference: Self-fulfilling prophecy



Summary: A survey of the latest media mentions and interpretations of the UPC, which don't quite stack up when compared to reality

Techrights will, perhaps some time later this week, publish more material about the UPC complaint in Germany. It's our understanding that the FFII wishes to submit input of its own to courts, adding its voice to that of the EPO and the patent microcosm (including Team UPC).



"After IP Kat's admission that the European Commission isn't pursing the UPC anymore (its position paper conspicuously does not even mention it ) Managing UP, IAM, and IP Watch jump at the opportunity to mention the UPC anyway."If the German courts foolishly decide to listen only to law firms (regarding the UPC), that will say a lot about their own biases if not mischief. It'll say or show that they're not open to input from technology companies and scientists (i.e. those impacted most by the outcome). In other words, more of the same in the UPC saga; it was the same all along...

Looking at the EPO's Twitter account, yesterday it was promoting the UPC again, in an act of misleading propaganda or a sort of veiled lobbying: "Have you already downloaded a copy of the “Unitary Patent Guide”?"

"The UPC is NOT happening," I told them, so "stop promoting things that don't exist, EPO."

"CJEU does not have jurisdiction to decide on the legality of the UPCA at this point," a new comment said yesterday, citing that old Gordon & Pascoe opinion. To quote:



The EU was a party to the planned EPLA but is not a party to the UPCA- hence the difference in whether an opinion was sought in advance.

As set out in the Gordon & Pascoe opinion in relation to question 5 (Point 127) https://www.bristowsupc.com/assets/files/counsel_s%20opinion%20on%20effect%20of%20brexit%20on%20upc,%2012%20sept%202016.pdf

and seemingly by the EU Commission, the CJEU does not have jurisdiction to decide on the legality of the UPCA at this point.

The CJEU also noted limits on their jurisdiction in relation the the UPCA in C-146/13 point 101


The UPC, "like the EPO [would be] exempt from EU labour and data protection law," somebody wrote in the next comment.

Immunity? Again? No oversight? Here we go again; some people carry on pretending that Brexit is not a problem:

Point 90 of C-146/13 seems to be quite clear: "First, the Unified Patent Court does not form part of the institutional and judicial system of the European Union."

So it is settled that the UPC is not an EU Institution.

This would also seem to imply that it is - like the EPO - exempt from EU labour and data protection law. Or have I missed something?


Meanwhile, Bristows tries hard to give an illusion of progress, speaking of "allowing for the final preparations for the start of the UPC system, such as recruitment of judges..."

This was halted in the UK and in Germany also. So why bother looking elsewhere, at economies a faction of that size? After IP Kat's admission that the European Commission isn't pursing the UPC anymore (its position paper conspicuously does not even mention it) Managing IP, IAM, and IP Watch jump at the opportunity to mention the UPC anyway. How predictable!

"The EPO, as usual, says what it wants to believe rather than what is true."Managing IP (or should that be Managing UP, as in Managing Unitary Patent Events?) wrote this yesterday afternoon, IAM said that UPC "is not yet up and running" (and likely NEVER will be), and IP Watch oddly enough chose to quote lies from the the EPO's management regarding the matter (mentioning the EPO regarding UPC in relation to a report that says nothing about the UPC). They also quote the Chartered Institute of Patent Attorneys (CIPA), one of the biggest pushers of the UPC.

Here is what IAM's chief editor (strongly pro-UPC) said:

The Unified Patent Court agreement is not yet up and running (and thanks to Brexit and a recent court challenge in Germany may not be for quite a while) and, in any case, is not structured as an EU body, while current patent rights are either national or issued by the European Patent Office, which is not an EU institution.


And from IP Watch:

The situation seems to be slightly different for the unitary patent system. According to the European Patent Office, “The long-term participation of the UK in the Unitary Patent system is legally possible. However, this is a political decision to be taken by the EU, its remaining Member States and the UK.”


It's barely possible. The EPO, as usual, says what it wants to believe rather than what is true. Giving the coup of Team Battistelli (UPC heavyweights), is it even worth quoting the above?

Wow, so much talk about the UPC. In reports about a report/paper that mentions the UPC not even once! We expected this when we wrote about the paper last week. If Merkel and/or May say "oops" this week, perhaps Team UPC will interpret that as them saying "ups", thus expressing commitment to the UPC no matter what.

Recent Techrights' Posts

Facebook's Debt Leaps to Over 51 Billion Dollars
A lot of this is a bubble, aside from the bubble the media irresponsibly dubs "AI"
3 Days Ago Over at Tux Machines...
GNU/Linux news
Most of This Month Will Deal With EPO Scandals
A timeline of sorts
 
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025
Linux.com is Becoming Microsoft
They took a once-reputable site with a vast audience and turned it into a pile of trash
Microsoft Lunduke: People Pointing Out I'm a Bigot is a Badge of Honour
It's almost as if he openly admits being a troll and is proud of it
Oracle's Debt Continues Rising to All-Time Highs, The "Slop Bubble" is a Smokescreen for Larry Ellison
wishful-thinking bubble waiting to implode completely
News on the Web is Becoming Rare, Shallow, and Difficult to Find
To efficiently and rapidly find original and important news without underlying comprehension/understanding of the news (and its context) is a hard task
Slopwatch: Linux Journal, Serial Slopper, WebProNews, and More
getting back into the habit
The Cocaine Patent Office - Part III: European Patent Office Officials Cannot Claim False Identification
Corroborating with other sources is always desirable if possible. We shall do so later in this series.
Still Catching Up, Daily Links a Top Priority
Readers who have additional information about the EPO can send it along to us
Links 01/11/2025: "Americans Are Defaulting on Car Loans at an Alarming Rate" While Many Left to Starve (SNAP)
Links for the day
Gemini Links 01/11/2025: FIFO and Gemini Age Survey
Links for the day
Why Does German Media Protect the EPO From Accountability for Cocaine?
Can we trust such media to properly inform the public?
Links 01/11/2025: Microsoft Azure Goes Offline Again
Links for the day
Links 01/11/2025: Microsoft Distributes Malware Again, Radio Free Asia Shut Down by Dictator
Links for the day
November is Here, Anniversary Party This Coming Friday
Expect this site to return to its normal publication pace either by tomorrow or Monday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 31, 2025
IRC logs for Friday, October 31, 2025
Gemini Links 01/11/2025: Synergetic Disinformation and Software Maintenance
Links for the day
IRC Proceedings: Thursday, October 30, 2025
IRC logs for Thursday, October 30, 2025
IRC Proceedings: Wednesday, October 29, 2025
IRC logs for Wednesday, October 29, 2025