Bonum Certa Men Certa

Britain Has Not Fully Completed Unified Patent Court (UPC) Ratification and It Remains Incompatible With Brexit

Quite importantly, Germany cannot ratify either

Self-Fulfilling Prophecies
Reference: Self-Fulfilling Prophecies



Summary: Team Battistelli and Team UPC pretend that UPC has gotten some sort of 'green light', but actually this could not be further from the truth

A QUICK midnight rebuttal is needed because the EPO amplified Benoît Battistell, who had embedded itself in an EPO 'article' titled "United Kingdom ratifies Unified Patent Court Agreement" (warning: epo.org link) with the following summary: "The United Kingdom has announced today that it has deposited the instruments of ratification of the Agreement relating to the Unified Patent Court (UPCA). This now brings the total number of ratifications to sixteen."

Read this carefully. Very carefully.

"Read this carefully. Very carefully."Well, "deposited the instruments of ratification" is not what many in Team UPC would later claim. And watch what the EPO wrote in Twitter (back when the EPO's site was offline for a while): "United Kingdom ratifies Unified Patent Court Agreement - "a decisive step closer to achieving the entry into force of the Unitary Patent" said EPO President Benoît Battistell" (so the subject line or title does not even match the contents/body).

Well, we have become accustomed to such nonsense from Team Battistelli and Team UPC. Then came Bristows.

Alan Johnson wrote : "The IP Minister Sam Gyimah MP has announced that the UK has today ratified the Unified Patent Court (UPC) Agreement."

"Well, we have become accustomed to such nonsense from Team Battistelli and Team UPC."No, not really. The title says "UK ratifies the UPC Agreement," but again, this isn't what actually (fully) happened. Alan Johnson, of Bristows, also wrote about it in another blog with another misleading headline, "UK celebrates World IP Day by announcing UPCA ratification".

From there onwards many people were misled. "UK celebrates World IP Day by announcing UPCA ratification"? What does that have to do with "World IP Day", which we'll mention in our next post? The same blog then wrote another misleading post with a bogus headline: "BREAKING: UK ratifies Unified Patent Court Agreement" (no, not really, not quite).

Months ago we caught Bristows repeatedly publishing patently false headlines. It's their modus operandi.

This is consistent with a pattern of lies from Bristows and the EPO. Thorsten Bausch then joined in by saying: "…clearly less spectacular than the UK’s ratification of the UPCA, but nevertheless noteworthy and – perhaps! – even more relevant in the long run (but that we shall see). My colleague Mike Gruber was kind enough to compile the following brief summary of the Federal Patent Court’s full decision on the Raltegravir (Isentress€®) compulsory license matter."

"All in all, what we have here is another reminder that when it comes to the UPC one must trace back the source (if it's not fabricated; Bristows seems to make stuff up sometimes)."That's a loaded paragraph which repeats, quite falsely, claims from Bristows. This comes after more SPC promotion from the same blog (we wrote about that earlier today).

So what is going on? Team UPC/UPC boosters of IP Kat then did the same thing (false headline). Read the first comment:

Strange that this is reported as a "momentous day for patent litigators in the UK". I was under the impression that the UPC was intended to benefit SMEs? Surely, this should be a momentous day for SMEs?

I am aware that certain UK patent litigation firms and individuals, particularly those that have worked hard to set up the UPC, are set to profit massively if and when the UPC starts but surely this shouldn't now be the raison d'etre of the UPC?


Then came Wouter Pors, who kept pushing for the UPC even using misleading claims and personal attacks.

It's not too shocking that the above comment bothered Team UPC, so then Team UPC showed up to say:

There will be people who disagree, but I am very happy that the UK has ratified and thus rewarded all the hard work that Kevin, Alexander, Paul, Margot and all the others have put into making patent litgation at a truly European level a reality in the very near future.

Congratulations!

Wouter POrs Bird & Bird The Hague


Lobbying with Battistelli's hench(wo)man "Margot"? Who kept lying about the UPC for a number of years? See the next comment:

I don't think the instrument of ratification has yet been deposited with the EU Council (which is the last official step needed)


Yes, it's not final and there are many issues associated with Brexit itself, not just with the German complaint. All in all, what we have here is another reminder that when it comes to the UPC one must trace back the source (if it's not fabricated; Bristows seems to make stuff up sometimes).

Recent Techrights' Posts

Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
 
The FSF Board and FSF Beard
So the FSF's Board has grown
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day