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

IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
 
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026