Bonum Certa Men Certa

The UPC Fantasy is Going Nowhere as Complaints and Paperwork Pile Up

Battistelli prematurely shot them at the back

Battistellius



Summary: Many submissions and complaints about the Unitary Patent have time to arrive before the end of October as a decision on the matter seems as distant as 2018

What Techrights was about to reveal last week (but did not, for bureaucratic reasons) is now public information. The UPC faces many barriers in Germany. What started with a single complaint is now dozens of texts, which are definitely going to take a long time to process. Don't expect any judgment on the matter before next year.



As usual, there's a vast difference between reality and what Team UPC is saying. Watch this tweet from Kluwer's Christine Robben‏, who ensures her employer's UPC agenda will move along smoothly (it won't). Team UPC and its affiliates wish us to believe that the UPC will come very soon (for them to ruin the real industry, for profit, using a lot of litigation). Here is "UPCtracker" again (another UPC booster) quoting from the puff piece: "Should the [constitutional] complaint be dismissed, I think the system is that robust that this delay will not hinder its establishment."

Nonsense. There are many more barriers to it. "If another complain[t] is tabled in another country different from UK/DE/FR," Benjamin Henrion, "would that also slow it down?"

Obviously!

Henrion has already made a complaint in his own country, Belgium. And I know for a fact that here in the UK we have enough connections in the software industry to produce a powerful complaint (shall the UPC agenda make any progress, which is unlikely).

The FFII too is about to intervene. Here is a message sent not too long ago by Henrion:

Consultation of third parties by the Court regarding the Unitary Patent complaint



Dear Mdme Lang,

I am writing to you following information that was published yesterday regarding the ongoing analysis by the Constitution Court of the pending complaint on the Unitary Patent ratification:

This article mentions the Court is consulting 3 associations for advices:

"JUVE reports that recipients of the complaint include the Federal Government, the German Bar Association (Deutscher Anwaltverein, DAV) and EPLAW (European Patent Lawyers Association)."

Do you know if this consultation is also opened to other third parties?

Our association FFII eV has looked at filing a similar complain, but we have lost track of the deadlines to do so.

In Belgium, I have personally filed a similar complaint, but this was rejected because of a delay misunderstanding.

I have understood that some fundamental questions, notably the language one and automated non-legally binding transations to german, are not addressed by this complaint, so we would like to see the court addressing this question, among others.

If you could clarify what would be the procedure to file observations, we would be very interested to do so.



There's lots more stuff like this on the way, yet Kluwer produces propaganda pieces titled as selective quotes (as usual) to give a false impression of inevitability. Kluwer now quotes a Belgian judge, Sam Granata, as saying "Future judges of the Unified Patent Court will be very motivated to make the court work..."

This is just Team UPC chatting with Team UPC to tell us how wonderful UPC would be. It's all just an echo chamber. It's nonsense.

There's no "future judges"; there's not even a UPC and hiring has been halted. Forget about these "future judges" -- they're hypothetical!

To quote from the Kluwer piece:

In the first period of functioning of the Unified Patent Court, the judge-rapporteur – who has important powers in the new system – should as much as possible revert issues to the panel of judges as a whole. This is beneficial for the system and can prevent forum shopping, according to the Belgian judge Sam Granata*. He has been involved for years in the creation of the Unified Patent Court (UPC) and is co-author of the book ‘The Unitary Patent and the Unified Patent Court’, which was published earlier this month by Wolters Kluwer. In an interview with Kluwer IP Law, he also discusses the consequences of the Brexit and the German Constitutional complaint.


So Granata "has been involved for years in the creation of the Unified Patent Court"... how objective!

They ask him about his own creation.

Moving on a bit, Juve's Mathieu Klos wrote a couple of days ago: "These institutions also received a request for comment by German Constitutional Court: Bundesrat, all state governments, BRAK [...] Total number of parties to comment on CCC is 22. Further requests are likely: @EPOorg? Quick decision in Karlsruhe pretty unlikely..."

It can take a long time. There's even more on the way. The EPO should be disregarded by the courts as it's corrupt. Watch how, on the same day, the EPO yet again promoted software patents, in defiance of the European authorities and the EPC. To make matters worse, the EPO linked to Watchtroll, a site of patent radicals. This is madness!

On the same day the EPO also boasted about Battistelli sending 'independent' judges to exile -- as punishment/retaliation -- so that he can reduce patent quality (software patents come to mind).

"Find out the currently planned date when the Boards of Appeal will start operations at the new location," the EPO said. Haar. How poetic a move! Why doesn't Battistelli just declare all the judges medically/mentally unfit and then tosses away all their past rulings?

The EPO appeal boards have generally been one of our favourite elements in the EPO (like PTAB in the US) because they help ensure patent quality. This is why Battistelli wants to destroy them. They help highlight a decline in patent quality, thereby refuting his lies spectacularly. A couple of days ago the following article was published:

Synthon says EPO appeal board has revoked Copaxone API patent



[...]

The Dutch drug firm made the claim today, stating “the Technical Board of Appeal (TBA) of the European Patent Office revoked the last of Teva's three glatiramer so-called HBr patents which claimed an allegedly improved process for the synthesis of glatiramer acetate.”

[...]

The EPO was unable to confirm the revocation decision ahead of publication.

Teva did not respond to a request for comment.


That's just patent quality control in action.

"The EPO's Board of Appeal recently revoked a patent," said another new article, this one from Boult Wade Tennant's Jennifer O’Farrell. To quote:

The EPO’s Board of Appeal recently revoked a patent covering Bristol-Myers Squibb’s blockbuster oncology drug dasatinib (marketed as Sprycel€®). This decision (T488/16) provides valuable guidance into avoiding the pitfalls, and exploiting third party vulnerabilities, associated with the issue of plausibility. Plausibility is central to a number of statutory requirements to patentability at the EPO including inventive step, sufficiency and industrial applicability. For example, if the technical effect of an invention is not rendered plausible by the patent application, the technical effect may not be considered in the assessment of inventive step. Further, post-filed data may only be used to support a technical effect which was made plausible in the application as filed.

The present decision relates to Bristol-Myers Squibb’s now revoked patent EP1169038. The granted patent comprised a single independent claim defined by a Markush formula which covered an extremely wide range of compounds allegedly useful as protein tyrosine kinase (PTK) inhibitors. The Opposition Division had concluded that, at the filing date of the application, the claimed compounds had not been plausibly demonstrated to be PTK inhibitors suitable for the treatment of cancer, which was the technical effect the patentee relied upon for inventive step. The Opposition Division therefore ruled that post-published evidence could not be used to support inventive step and the patent was deemed to lack an inventive step.


Anyway, the bottom line is that the EPO is a lawless place and no court should listen to it on anything, certainly not on UPC. The EPO has become a lobbying and lying machine, employing the tactics of WIPO to chill and silence truth-telling. To understand why so many EPO workers kill themselves (many also suffer mental breakdowns) one just needs to study the effect of the Stasi in East Germany.

And speaking of Germany, Dr. Birgit Clark‏ (a German living in the UK) repeated a Bristows talking point a few days ago. An anonymous EPO insider responded to her by quoting me as saying: “The UPC is NOT happening, stop promoting things that don’t exist, EPO.”

Henrion, in the mean time, said: "Deadline for submitting statements regarding the constitutional complaint against ratification of the UPCA is 31 Oct"

We may soon draft something to that effect. There's still over a month left. Does anyone still seriously think a judgment can be handed down this year? No way!

Thomas Adam (UPCtracker) also said: "Ambitiously enough for commenters: DE complaint against UPC Agrmt: deadline for submitting views is end of October"

They were both linking to Kluwer's pro-UPC blog (also found via SUEPO). Here is what it wrote:

A spokesman of the Court, the Bundesverfassungsgericht, declared in answer to questions of Kluwer IP Law that a request for comment on the complaint was sent to both chambers of German parliament (the Bundestag and Bundesrat); to the Federal Government (the Federal Chancellery, the Federal Ministry of Justice and Consumer Protection and the Federal Ministry of the Interior); to all governments of the Bundesländer and to the Federal Bar Association, the German Lawyers’ Association (DAV, Deutscher Anwaltverein) and the European Patent Lawyers’ Association.

The spokesman added that ‘during the further course of the proceedings it is possible that the Federal Constitutional Court may ask additional agencies to submit statements’. This could refer to for instance the EPO, the European Commission or the UPC Preparatory Committee, that have so far not received a request for comment.


So it's going to take a very long time. The UPC will remain in limbo for a long time to come, definitely until the end of winter (if not forever).

Looking at IP Kat for any additional input, we merely found out that comments on the UPC are not showing up again. "IPKat moderators gone to sleep again? Comments taking a long time to appear. Is this an attempt to impede the debate."

That's what this comment said.

The SUEPO's Web site was drawing attention to the comments in there.

Here is another:

Not being an EU Institution in itself does not make something exempt for EU laws, as national institutions are not EU institutions but are subject to national law which must comply with EU law.

What prevents all standard EU or national law from applying directly is presumably the relevant protocols on immunities

These are here:

http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ma5.html

https://www.unified-patent-court.org/sites/default/files/ppi_final_ii_en_clean.pdf

Not sure how they compare- not my area of expertise and Ive not seen any commentary on either of them. I've not seen suggestion that the UPC's protocol itself is legally or morally problematic.


So you live in an echo chamber.

It didn't take long for someone to reply to that:



I've not seen suggestion that the UPC's protocol itself is legally or morally problematic.

Neither has there ever been any suggestion that the EPO's protocol itself is "legally or morally problematic".

It even includes a provision for co-operation with national authorities "to ensure the observance of police regulations and regulations concerning public health, labour inspection or other similar national legislation, and to prevent any abuse of the privileges, immunities and facilities provided for in this Protocol". (Article 20)

What could possibly go wrong there ?


And next: the UK-IPO's situation.



There's also an interesting explanatory memorandum available here:

https://www.gov.uk/government/publications/eu-no12017-protocol-on-privileges-and-immunities-of-the-unified-patent-court

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/584443/EM_EU_1.2017.pdf


"The question remains thus why the UPC was not submitted for opinion to the CJEU," said the following comment.

Point 90 in C 146/13 (the rebuttal of the Spanish complaint) is merely a summary of the 6th point brought forward by Spain, and cannot be considered part of the decision of the court!

When quoting the decision, please do it correctly and not in a biased way.

The position of the CJEU is to be found in Points 101 and 102 of the judgement:

101 However, it should be borne in mind that, in an action brought under Article 263 TFEU, the Court does not have jurisdiction to rule on the lawfulness of an international agreement concluded by Member States.

102 Nor do the Courts of the European Union have jurisdiction in such an action to rule on the lawfulness of a measure adopted by a national authority (see, to that effect, judgment in Liivimaa Lihaveis, C‑562/12, EU:C:2014:2229, paragraph 48 and the case-law cited).

103 It follows that the first two parts of the sixth plea in law must be rejected as being inadmissible.

The legal means used by Spain are thus not considered admissible, that means, that actually on this point , no decision as to the substance has been taken by the CJEU.

This is quite different from the allegations submitted.

Point 127 of the Gordon-Pascoe paper is an opinion, not a fact.

The question remains thus why the UPC was not submitted for opinion to the CJEU.


The best comment, however, is this one. Here is the 'money quote': ""industry in UK"! Nobody else. No wonder that the legal industry pushes to stay in the UPC!"

It also said: "Where has the British industry, I mean the real one, not the financial or the legal one, gone?"

The comment in full:

The explanatory notice signed by Mr Jo Johnson is quite revealing, and gives away some interesting figures:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/584443/EM_EU_1.2017.pdf

Fee income for UK ? €£ 166 millions Legal business for UK firms €£ 200 millions

Savings through UPC for UK firms €£ 2 millions no duplication of litigation

Savings through UPC for UK firms €£ 17 millions on renewal fees

Who will be the big beneficiaries of the UPC, should UK be allowed to stay in it after Brexit: the legal "industry in UK"! Nobody else. No wonder that the legal industry pushes to stay in the UPC!

It is doubtful that €£ 17 millions will be saved in renewal fees, as the number of patent owners from UK stem from the 3% of applications at the EPO coming from UK, and not all of them need protection in all member states.

Where the €£ 2 millions in savings for avoiding litigation duplication for UK firms come from, remains a mystery.

It is surprising, but yet UK firms represent only 3% of the filings at the EPO (DE 15%, FR 7%, CH 5%, NL 4%, IT 3%, SE 2%). Those are official figures from the EPO.

Where has the British industry, I mean the real one, not the financial or the legal one, gone?


So what we have here is essentially a coup by the litigation 'industry'. We said that a very long time ago (almost a decade ago). Sites like IAM don't care about the real industry; they're just sucking up to (and sucking money out of) law firms to publish promotional puff pieces like this one (about Switzerland). They spent years promoting the UPC, ignoring all along the voices of people who actually create things and instead giving the megaphone to Battistelli.

Shame on these parasites.

Recent Techrights' Posts

They Tell Us Slop Replaces Workers, But the Reality Is, US Debt Has Surged 2,300 Billion Dollars in Six Months (the Economy is Collapsing)
Oligarchy already entertains the option of running away to (or colonising) some other planet without pitchforks and "unwashed masses"
Reddit as a Hive of Trolls, Social Control Media Curated (Many Voices Censored and Banned) by Marketing Firm of GAFAM
Typical Reddit
The Solicitors Regulation Authority (SRA) Delusion - Part III - Women Failing Women to Help Violent Americans From Microsoft
Summed up, SRA will gladly prioritise the "legal industry" over women strangled, raped etc
The World Gets Smaller, as Does Its Real Economy ('Human Resources') and So-called 'Natural Resources' (What Humans Call the Planet)
Don't talk about "AI"
 
Getting the European Court of Justice to Annul the Illegal and Unconstitutional Unified Patent Kangaroo Court (UPC)
We're still working on it
Forbes: BitCoin, Cryptocurrency pages removed from investment database, links stop working
Reprinted with permission from Daniel Pocock
Bitcoin warning followed immediately by network outage
Reprinted with permission from Daniel Pocock
Money Funneled to Protection of Software Freedom, But Nothing Really Lost
Crossposted from personal site
Mozilla Firefox Sinks to Just 1.5% in the United States
According to analytics.usa.gov
We're Still Fast
The site is even faster than the BBC's despite being on shoestring budget with only a small technical team
Gemini Protocol is Not a Waste of Time of Effort
We see more and more GNU/Linux- or BSD-focused bloggers turning to Gemini
Our Gemini Protocol Support Turns 5 Today
today is a rare anniversary for us
In Today's World, One Must be Tough and Principled to Get Ahead Morally
But not financially (sellouts)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 07, 2026
IRC logs for Saturday, February 07, 2026
The Right Wing in the United States Does Not Support Free Speech, It Supports Its Own Speech
Free speech is often opposed by those who also oppose Free software
IRC is a Lot Better Than Social Control Media (They're Not the Same at All)
A good social analogy for IRC is, there are many buildings with a party in each building
Microsoft 'Open' 'AI' is 'Dead Meat'
Or 0xDEADBEEF as some geeks might call it
When Identifying "Low Performers" and "PIPs" Aren't About Improving Performance But Reinforcing a Clique in Your Company/Organisation
It's very troubling to see once-respectable brands like IBM and institutions like the EPO resorting to this
Slop and Flop (IBM), Slopfarms and Hybrids (Linuxiac)
Did Bobby Borisov assume he would never get caught?
Crowdfunding vs Bitcoins: donations are better investment than digital tulip mania
Reprinted with permission from Daniel Pocock
Links 07/02/2026: Misinformation by Slop, Overrated Slop Causes Stock Market Panic
Links for the day
Gemini Links 07/02/2026: Diode Function Generators and Panic Over Buzzwords and Slop
Links for the day
A Can of WORMS - Part III - Envying the Influence and Accomplishments of RMS, Socially Deleterious Attacks on Popular Movements
the actions are deliberate and coordinated, not some 'organic' or grassroots behaviour
Crisis teams assembled as financial regulators anticipate Bitcoin implosion
Reprinted with permission from Daniel Pocock
Converting FOSDEM Talk on Software Patents in Europe Into Formats That Work for "FOS" and Don't Have Software Patent Traps
transcoded version of the video
Links 07/02/2026: More White House Racism, "Europe Accuses TikTok of Addictive Design"
Links for the day
Silent Mass Layoffs: It's Not the Revolution, It's the Loophole and the Hack ("Low Performers" or "Underperformers")
Layoffs by another approach
Mark Shuttleworth (MS) Pays Salaries to Microsoft (MS) Employees
Canonical selling Microsoft
Links 07/02/2026: Windows TCO Rising, Lousy Patents Invalided
Links for the day
Microsoft Leadership: Stop Taxing Us, Tax Only Poor People
Does Microsoft create jobs?
Biggest "AI Companies" (Meta, Alphabet, Microsoft) Borrowed (Additional Debt) About $100,000,000,000 in a Year
Who will be held accountable for all this?
In Case You've Missed It (ICYMI), Google's Debt More Than Doubled in a Year
Wait till it "monetises" billions of GMail users with slop
In 2009 Microsoft Was Valued at ~150 Billion Dollars, Now They Tell Us Microsoft Lost ~1,000 Billion Dollars in Value. Does That Make Sense?
Or Microsoft lost 700 billion dollars in "value" in less than two weeks
PIPs and Silent Layoffs at IBM (and Red Hat) Still Going on, It's "Forever Layoffs" (to Skirt the WARN Act)
American workers out
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 06, 2026
IRC logs for Friday, February 06, 2026
Stressful Times for Team Campinos ("Alicante Mafia") at Europe's Second-Largest Institution
Keep pushing
Growing Discrimination in the European Patent Office (EPO)
it's a race to the bottom, basically
Google News Drowning in (or Actively Promoting) Slopfarms Again
LLM slop is a nuisance
Microsoft Stock Crashed When Alleged Vista 11 Numbers Disclosed
And last summer Microsoft indicated that it had lost 400 million Windows users
Gemini Links 07/02/2026: "Choosing a License for Literary Work" and "Social Media Is Not Social Networking (Anymore)"
Links for the day
Gemini Links 06/02/2026: Git and Email Patches; MNT Pocket Reform
Links for the day
Geminispace Net Growth in 2026 About a Capsule a Day
A pace like this means net gain of ~300 per year, i.e. about the same as last year
It's Not About Speed, It's About the Message (or Its Depth)
Better to write news than to just link to news if there's commentary that the news may merit
Benjamin Henrion Warned About the Illegal and Unconstitutional Unified Patent Court (UPC) in FOSDEM 2026
Listen to Benjamin Henrion
Economies Crashing Not Because of Slop Improving 'Efficiency' (That's a False Excuse) and 'Expensive' (Read: Qualified) Workers Discarded in Race to the Bottom
Actual cocaine addicts are pushing out moral people
IBM's CEO Speaks of Layoffs, Resorts to Mythical (False) Excuses
This has nothing to do with slop
Links 06/02/2026: Voter Intimidation and Press Shutdowns in US, Web Traffic Warped by LLM Sludge
Links for the day
Does Linux Torvalds Regret Having Dinners With Bill 'Russian Girls' Gates?
See, the rules that govern the Linux Foundation and its big sponsors aren't the same rules that apply to all of us
IBM: Cheapening Code, Cheapening Staff, Cheapening Everything
IBM's management runs IBM like it's a local branch of McDonald's. IBM is a junk company with morbid innards.
GNU/Linux Measured at 6% in One of the World's Largest Nations
Democratic Republic Of The Congo
Linux Foundation Operative Says We and Our Software All "Owe an Enormous Debt of Gratitude" to a Software Patents Reinforcer
The only true solution is to entirely get rid of all software patents
Mobbing at the European Patent Office (EPO) - Part IV - EPO Can Get Away With Murders, Suicide Clusters, and Systematic and Prolonged Bullying by 'Team Campinos' ("Alicante Mafia" as Insiders Call It)
Nobody in the Council or the EU/EC/EP gives a damn as long as laws are broken to fabricate 'growth'
Jeff Bezos Isn't Just Killing the Washington Post, He's Killing Thousands of News Sites/Newsrooms (in Dozens of Languages) That Rely on It for Many Decades Already
Not just slopfarms; even the Ukraine-based reporters are culled by Bezos, who's looking to please the dictators of the world
Central Staff Committee Confronted António Campinos for Giving His Cocaine-Addicted Friend Over 100,000 Euros to Do Nothing, Just Pretend to be Ill, While Cutting the Salaries of Everybody Else
"On the agenda: Amicale framework & Financial assistance for courses"
How to Win Lawsuits in 5 Simple Steps
Keep issuing threats every week and send 60 kilograms of legal papers to the target
More Than 99% of "AI" Companies Aren't AI, They're Pure BS
We need to discard those stupid debates about "AI" and reject media that gets paid to participate in such overt narrative control (manipulation like The Register MS)
AI Used to Save Lives, Now "AI" is a Grifting Scheme That Burns the Planet and Will Crash the Economy
What the media calls "AI" (it gets paid to call it that) is the same stuff that could instead be dubbed "algorithms"
Living in Freedom When 'False Flag Operations' Like EFF Get Captured by Billionaires to Take Freedom Away
There are many ways to think of Software Freedom
Amutable is a Microsoft Siege Against Freedom in GNU/Linux, Just Like the People Who Brought You 'Secure Boot' Controlled by Microsoft
Do whatever is possible to avoid Amutable and its "products"
Growing Focus on Publication
Over the past ~10 days we always served more than a million Web hits per day
"Going to be a large number of Microsoft layoffs announced soon"
Everybody knows a giant wave of layoffs is coming Microsoft's way
End of the 'GPU Bubble' and NVIDIA Finally Admits It Won't Bail Out Microsoft OpenAI Anymore
circular financing (financial/accounting fraud)
Corrupt Media Won't Hold Accountable Rich People for Role in Pedophilia
Journalistic misconduct or malpractice is a real thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 05, 2026
IRC logs for Thursday, February 05, 2026
EPO Management ("Alicante Mafia") Not Properly Sharing Information on Scale of Strikes by EPO Staff
disproportionate (double) deductions in salaries against people who participate in strikes, which are protected by law
Gemini Links 06/02/2026: Slop/Microslop, Home Assistant, and Valid Ex Commands
Links for the day
Blackmail evidence: Debian social engineering exposed in ClueCon 2024 talk on politics
Reprinted with permission from Daniel Pocock
Bitcoin crash: opportunity or the end game?
Reprinted with permission from Daniel Pocock
Changes at the Solicitors Regulation Authority (SRA)
SRA is basically a waste of money
Claims That IBM Will Lay Off 20% (or 15%) of Its Workforce This Year Unless It Finds a Way to Push Them All Out by Threats, Shame, Guilt
Where are the articles about IBM layoffs?
IBM Isn't a Serious Company Anymore, It's a Ponzi Scheme Operated by a Clique and It Misuses Companies It Acquires to Prop Up or Legitimise the Scheme
IBM seems like it's nothing but a "Scheme"
Google News Drowning in Slop About "Linux" (Slopfarms Galore)
Google should know better than to link to any of these slopfarms, but today's Google is itself a pusher of slop