Bonum Certa Men Certa

The Latest Lies About Unitary Patent (UPC) and the EPO

CIPA meeting with Stephen Jones



Summary: Lobbying defies facts; we are once again seeing some easily-debunked talking points from those who stand to benefit from the UPC and mass litigation

TEAM BATTISTELLI will be watching the UK today. The EPO's management doesn't care about the EPO. It just wants the UPC. There's a discussion among some patent attorneys right now about whether the EPO tries to make the UPC more attractive than the EPO/EPC. What would that say about Battistelli? Some EPO insiders believe, based on internal rumours, that he wishes to continue his reign of terror under the umbrella of "UPC" (or whatever they try to call it next).

Last night at around midnight (yes, midnight!) the anonymous “Kluwer Patent Blogger” (probably just Bristows LLP hiding its identity while it publicly lies or distorts facts about UPC) posted some more fake news about the UPC's fake job advertisements, which in our view aren't just unethical but should be dealt with as serious offenses (people invited to job interviews for jobs that will never exist). Bristows folks, i.e. the firm and also its staff, continue to show what a disgrace they are. They also spread some other fake news earlier this week. They just can't help themselves.

Bristows is pretty radical even by Team UPC standards (however low these standards may already be). UPCtracker has just recalled: "From Boris Johnson‘s Valentine’s Day speech : „And as the PM has said repeatedly, we must take back control of our laws. It would obviously be absurd, as Theresa May said in her Lancaster House and Florence speeches [...] (1/2)" (there's more there)

Thorsten Bausch‏ continued: "...such as the UPCA?"

Yes, obviously.

Even Alexander Esslinger‏, whose blog we mentioned yesterday, said: "I do not expect that the #UPC (if it enters into force) will significantly reduce the workload of the EPO BoA. 1. If an EP patent application is rejected, the UPC is of no help. 2.Oppositions are much cheaper than invalidity lawsuits under the UPC."

Again, obviously.

It's worth noting that none of the above (even the person who calls UPC opponents "idiots" and "trolls") honestly believes that the UPC will happen. That delusion if not lunacy is mostly Bristows'. It's worth noting that Bristows' person inside IP Kat stopped her UPC lobbying a few months ago. IP Kat's CIPA insider, however, is making photo ops with Battistelli while promoting the UPC (deception or collusion?), issuing PR to conflate/confuse UPC with EPO/EPC (which was never about the EU and predates it).

Sofia Willquist from Awapatent is the latest to piggyback this PR with this statement that she published yesterday to say:

At a meeting between the EPO and the Chartered Institute of Patent Attorneys (CIPA) in late January, it was confirmed that European patent attorneys who are based in the UK will be able to continue to represent applicants before the EPO. This means that ‘Brexit’ will not have any impact whatsoever on the membership of the UK in the European Patent Organisation, thus maintaining the number of member states at 38.


Mind what they're trying to accomplish here. In our view, they are attempting to make politicians believe that because Britain remains in the EPO after Brexit (never mind if EPO recruitment of Brits is down by 80%) that must therefore mean that Britain is ready for the UPC. It's a lie and it's shrewdly constructed. It's a lawyers' tricks. The UPC is mentioned by name in the PR.

Meanwhile, based on this new blog post, Lisa Ouellette and Michael Risch are supplying EPO talking points (FDI); they are missing the point or several key facts and eventually sound like that so-called 'study' the EPO commissioned in Britain and the UK (effectively corrupting academia for lobbying purposes). From Ouellette today:

The Impact of International Patent Systems: Evidence from Accession to the European Patent Convention, which Michael Risch posted about yesterday, caught my eye as well. As Michael explained, economists Bronwyn Hall and Christian Helmers examined the impact on patent filings and foreign direct investment (FDI) for fourteen countries that joined the European Patent Convention (EPC) between 2000 and 2008. (The countries are Bulgaria, Czech Republic, Estonia, Croatia, Hungary, Iceland, Lithuania, Latvia, Norway, Poland, Romania, Slovenia, Slovakia, and Turkey.)


The premise is a false one and is hinged on a bogus correlation; it's similar to the "patents equals innovation" canard. The number of patent filings depends on many factors including cost, patent scope and so-called 'IP5' dynamics. The numbers generally go up over time. There's also a tax evasion element to it*. To suggest that investments go up owing to patents is ludicrous and dishonest.

By the way, how about those investments in European Patents (EPs) which recently turned out to be money down the drain? Like CRISPR patents...

Yesterday we saw this article titled "Cellectis to license recently-granted CRISPR patents" and it spoke of the EPO:

French cell therapy company Cellectis has announced plans to make two CRISPR patents, which were recently granted by the US Patent and Trademark Office, available for licensing.

[...]

Last year, Cellectis was granted European patent number EP3004337 by the European Patent Office (EPO) for a similar invention.


This patent would likely be voided if challenged right now. We already wrote about half a dozen posts on the subject last month. _________ * In Italy, based on this week's news, they too are in effect legalising tax evasion for massive corporations under the guise of "patents" (or "patent box regime"). To quote:

Italy’s patent box regime, which entered into force January 1, provides an exemption from the corporate income tax and regional tax on productive activities of 50 percent of the income derived from the exploitation or direct use of qualifying intellectual property.


Recent Techrights' Posts

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
 
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
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026