Bonum Certa Men Certa

Consensus Around the High Likelihood That the Unitary Patent (UPC) is Dead and Backlash Against Deniers of It

Wouter Pors



Summary: Online discussions about the UPC have rapidly shifted to assume, quite correctly in fact, that the UPC is facing mortal danger from which it may never recover

THE EPO was almost single-handedly destroyed by a terror-inflicting tyrant who was in charge for seven years. He tried hard, in vain, to 'reform' the Office and instead he broke everything. He even broke the governance of the entire Organisation, thanks in part to a Dane who has just joined the private sector.



The excuse the EPO likes to use for these chaotic changes is the UPC. "The final countdown," however -- as a reader just put it -- looks not like a countdown for the UPC but for Battistelli's departure. He was an utter failure and a disgrace who will be mentioned in the corridors for decades to come. "In addition to the Luther's 95 theses," the reader continued, "here are some personal considerations about EPO matters [notably] UPC."

To quote:

you don't need to worry, the UPC will never happen. Apart from legal issues linked to Brexit and the possible constitutional deficiencies in Germany, the UPC will not happen because Germany doesn't want it to happen and will never ratify. You need to deeply understand the German mind to apprehend what is going on in Germany about this. Basically the EPC system, with search and examination/opposition, was copied from or based on the German intellectual property system (DPA). A system that had contributed to the success of German SME. The same cannot be said about the French patent system which were granted SGDG - sans garantie du gouvernement, that is without any governmental guaranty. Valid patents are valuable to German industrials. Now consider that last elections in Germany with a massive entry of the right extremist party AfD in the assembly. What does all this means? It is a serious warning that the Germans are not willing to transfer more power to a supranational institution, the EU. I suppose Ms. Merkel has understood the signals and is willing to send the UPC ad patres. I see another typical German behaviour in the way these matter are dealt with. Germans like Japanese don't like to say no, it is undiplomatic. They say "may be" even if they think it is a " no" and they prefer to let others do the dirty job. In this case for instance the Brits with Brexit should have killed the UPC not the Germans. As a safeguard a constitutional appeal and a lengthy procedure are the keys to the failure of the UPC. And Germany would say UPC didn't happen leider.


The death of the UPC has become common knowledge. Even insiders dare say so. Days ago we started a #upcIsDead hashtag and earlier today even IAM, previously paid to promote the UPC, almost admitted this too. It said that "UPC falters" (to quote today's headline).

This is as real as it gets. To quote the blog post:

These days one could be forgiven for questioning the significance of the European Commission’s ongoing public consultation on the potential creation of a single, EU-wide supplementary protection certificate (SPC). First proposed in late 2015, the consultation was initially intended to clear up the last remaining problems with a unitary patent regime whose arrival was regarded as imminent. However, the emergence of serious threats to the proposed Unified Patent Court regime mean that the SPC question may now be purely hypothetical.

The Commission is seeking comments on whether a unitary SPC should be created to accompany Europe’s new patent system – a question left unanswered by the Unitary Patent Court agreement. In its Single Market Strategy communication of October 2015, the Commission identified this question as one of the few issues left to be resolved in establishing the UPC.

[...]

The more pressing question now, though, is not what the EU Commission’s policy on SPCs will be, but whether the whole issue has been made irrelevant by recent developments in the UK and Germany. Put simply, the significance of the consultation has changed. No longer the means to providing the final piece to the UPC puzzle, it has become part of background efforts to keep the show on the road while more decisive issues play out elsewhere.



"Everything back to normal," said a reader about Kluwer Patent Blog, or so "it seems." This reader wanted to draw our attention to this older post from Kluwer Patent Blog, saying quite correctly, "you appear to have missed this new piece."

Yes, we did miss that. This blog keeps publishing for firms like Bristows (as recently as days ago), so we typically don't watch it closely, but days ago Wouter Pors (whose UPC propaganda we criticised before [1, 2]) did exactly what is takes to reinforce our perception of him. He has come up with an attack/discreditisation plan which focuses on the messenger in the complaint. He blames attorneys or "fearful lawyers" who merely "have a theoretical interest".

Apropos, another UPC booster has just said: "The non-official German Bar Association wants to establish Germany as an international litigation venue after #Brexit. Germany is, of course, already a very important venue for international #patent #litigation."

For them, it's all about money through increased litigation. We know at whose expense/cost.

The post from Pors is a pleasure to read just because of the comments, of which they are plenty. He did ad hominem and it bounces back at him. "Reading this," one person said, "it seems that Mr Pors has meanwhile found out what an ad hominem attack is and how to put it in practice."

"As a “critic” of the UPC," said another person, "I have to say that I find the general tone of Mr Pors’ comments to be unpleasant, verging on ignorant."

Also: "I found this an interesting read in the sense that I saw only old arguments, which have already been countered, repeated and referred to, but no countering the counterarguments. It also showed me how making propaganda works by repetition of the same arguments over and over again."

Here's "UPC is dead," echoing what we've been saying for a while. To quote: "Even smart people seem to slowly understand that the UPC is dead, which makes them somehow loose countenance."

Another example among many: "The supporters of the constitutional complaint should welcome unreflected statements like those by Mr Pors as they facilitate presenting him and his ilk to the court as what they are: Self-centered and arrogant opportunists willing to sacrifice almost anything, in particular truth and decency, and to take any view if only it helps serving their agenda, which is filling their coffers in the UPC system of their design. It would be fun seeing similiar interviews with Mr Mooney, Mr Hoyng or Mr Tilmann and see how they rid themselves of the last little bit of credibility they still have left, just as Mr Pors has done here."

Just about every comment there antagonises the UPC. MaxDrei wrote:

How? By lobbying Brussels with their “40 years of failure” mantra. What a travesty! Look at the EPO White Book of the established caselaw of the EPO’s DG3. For me, (and I started in the profession long before 1978), this is not failure but “40 years of Brilliant Success”.

Meanwhile, Berlin (and Karlsruhe) has just woken up to the cunning French plan to strip Germany of its leading role in patent litigation and ship it all, instead, to Paris. How else to understand the Constitutional challenge to the UPC in Germany?


It is good to see the consensus shifting against the UPC's chances and desirability (lack thereof). Stick a fork in it. It's done.

Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
 
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
"But Corruption is Everywhere"
"We'll always have Polio..."
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day