Bonum Certa Men Certa

Patent Maximalists Won't Get Their Way and UPC Will Likely Never Happen (Even After Battistelli)

Max gross weight



Summary: The incautious optimism from the patent 'industry', trying to convince us all that expansion of patent scope and litigation would be a boon to innovation, faces growing resistance; contrary to what the patent microcosm is saying, it's extremely unlikely that the UK and Germany will ratify the Unified Patent Court (UPC), i.e. open the door for patent trolls in Europe

THE EPO, unlike the USPTO, nearly allowed patents on genetics. We say "nearly" because an opposition was recently successful, insinuating likely interpolation/extrapolation to similar patents, pending an appeal to the Boards. Prior to this it had granted patents on seeds and plants, albeit the European authorities intervened and virtually voided these patents overnight. In the US, as we show every weekend, software patents are being voided very rapidly. It looks as though the USPTO carries on granting such patents (based on their latest descriptions here), but courts would not tolerate these. It's now very rare/unusual for US courts to uphold software patents. We shall continue to supply evidence of this on a regular basis, refuting the misleading marketing pitch of the patent 'industry'. We're vastly outnumbered by them in the media/Web, but the facts are on our side.

"So, earlier today the EPO wrote about CPC (not the Communist Party of China)."In Iceland, based on this report from yesterday, there's a push against patent maximalists; Iceland is apparently not being held hostage by them (just as it's no hostage of bankers, whom it arrests instead).

From Iceland Review (citing the better known RÚV):

Icelanders hold no patents for geothermal heat utilization methods in Iceland, and have no such patent applications in progress, RÚV reports. However, a number of patents in this sector are already owned by foreign entities and there are 45 additional, foreign-owned patent applications related to geothermal utilization under review at the Icelandic Patent Office even now.

This information was announced at a symposium on intellectual property rights within the geothermal sector that was hosted by the Icelandic Patent Office and the Ministry of Industries and Innovation on Friday. The purpose of the symposium was to urge companies in the geothermal and energy industries to consider the importance of knowledge and ingenuity in their fields, as well as the importance of protecting intellectual property so as to remain competitive in the industry.


So, earlier today the EPO wrote about CPC (not the Communist Party of China). Benoît Battistelli's latest 'blog' post was quickly promoted in Twitter, as usual (warning: epo.org link). They seem to promote his blog more frequently and a lot faster than they promote the 'news' of the EPO (typically also just a bunch of quotes from Battistelli, complemented by his latest photo op/s). Benoît Battistelli speaks of "enhancing the quality and efficiency of patent search and examination" (which he destroyed). He has, in practice, harmed the EPO's reputation and ability to cooperate in good faith. His blog post is titled "Argentina, CPC and the prospect of reinforced cooperation" and it's about a meeting which we mentioned last week.

"Benoît Battistelli speaks of "enhancing the quality and efficiency of patent search and examination" (which he destroyed)."We carefully check to see if he mentions the UPC. He used to talk a lot about it, but nowadays it's a rarity. He prefers not to bring the subject, knowing that he failed to make real progress after nearly 8 years at the Office. The UPC, if anything ever came out of this mess, would enable trolls from outside Europe to prey on European companies. SMEs complain about the UPC, but firms like Bristows habitually lie 'on behalf' of SMEs. Earlier today a British writer (for a lawyers' gazette) said that UK-IPO "confirms that the Order on Privileges and Immunities for the Unified Patent Court has been approved by the privy council."

"UK ratification edges ever closer," he concluded from that.

"SMEs complain about the UPC, but firms like Bristows habitually lie 'on behalf' of SMEs."There's nothing new there except a screenshot of some text confirming what happened. But it does not indicate that UPC is imminent (or even UK ratification being imminent). I responded to him with: "Foreign Office of Boris Johnson? Brexit separatist? He won't let European courts (in other languages) control UK firms..."

Quite frankly if not bluntly, the British government has more urgent things to deal with than this. And to make commitments to European courts at this stage would not only be premature. It's unrealistic to expect that.

Recent Techrights' Posts

Gemini Links 14/07/2026: Old CD Binder and AWK
Links for the day
In Defence of Physical Tickets
Tickets are not some "app" and not some "code" on some "screen"
Microsoft Layoffs Not Limited to XBox (False Narrative in the Mainstream Media)
Microsoft is becoming less relevant and workforce reductions won't end any time soon
Links 14/07/2026: Plagiarism Spun as "Training", Zelensky Announces Leadership Shuffle
Links for the day
The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day
The Register MS: "AI" Puff Pieces for Sale, Not Journalism at All, Just "Webspam"
The Register MS isn't the sole culprit
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 12, 2026
IRC logs for Sunday, July 12, 2026
How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled
Links 12/07/2026: Palantir Unrest and Wireshark 4.6.7
Links for the day
Links 12/07/2026: New Instrument Time and PalmOS Experiences in 2026
Links for the day
Red Hat Staff Says IBM Policy Has Stigmatised Him as a Tool and a Slopper With Plagiarism Tools
IBM is killing Red Hat with slop
Freedom of Choice or Freedom Versus Choice (or When All Choices Are Incompatible With Freedom)
When some business asserts that it gives people different options, then it can rightly argue that it offers some choices, but that is not the same as freedom
Techrights IRC Turns 5 Without a “Code of Conduct”, “Code of Conduct Committee”, and All Those Bureaucratic Nightmares
18+ years if one counts our time in Freenode as well
Why U No Use AI???
Many hype waves come and go
There Are Still Slopfarms in Google News
Google is trying to participate in if not lead this pyramid scheme
The Cyber Show Explains How Slop and Promotion of Slop is About Taking Control Away From Computer Users
"On making a trustworthy machine"
Keeping Available the Site at All Times
Informal arrangements and crowdfunding keep our work available despite resistance (including from people who break the law)
What If "Era of AI" and "AI Revolution" (Fake News) Never Happened?
So how much longer before the bust (or bubble-burst)?
GNU/Linux Approaches 5% in Australia
5% by year's end?
Europe/EU is Moving Towards Independence, Fast to Adopt Free Software
More and more states (governments, public sector) in Germany are dumping Microsoft
GNU/Linux Grows at the Expense of Windows
People who want to get work done already left Windows
Tux Machines Growing as a Volunteers-Run Site
Historically the site did not have many original stories, but this changed as the audience grew and the site gained more recognition
Links 12/07/2026: European Commission Versus ‘Addictive Design’, "Google Loses Final Appeal Over $4.7 Billion EU Android Antitrust Fine"
Links for the day
GNU/Linux Market Share Increases Some More Today, statCounter Measures It at 7.3%
Will more such thresholds and records be broken?
Gemini Links 12/07/2026: Studying Languages and 2026 Old Computer Challenge (OCC)
Links for the day
EPO "Cocaine Communication Manager" - Part XIII - At the EPO, Cocaine Addicts and Their Friends Are "Protected Class"
What does that tell us about the EPO?
Increasing Output by Focusing on Originals
It's probably more important to carry on with these than it is to keep abreast of non-crucial news
Amid Strikes and Industrial Actions, Young Professionals at the European Patent Office (EPO) Kept on 'Short Leash', According to the Local Staff Committee The Hague
Issues affecting Young Professionals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 11, 2026
IRC logs for Saturday, July 11, 2026