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

Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
 
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week