Bonum Certa Men Certa

Yesterday's Misleading News From Team UPC and Its Aspiring Management of the Unified Patent Court (UPC)

Alexander Ramsay, Bristows, and the UPC gold rush
Rumours said that Battistelli intended to pursue the top position in the UPC (reserved for a French person)



Summary: The Unified Patent Court (UPC) enthusiasts -- i.e. those looking to financially gain from it -- continue to wrestle with logic, manipulate words and misrepresent the law; yesterday we saw many law firms trying to make it sound as though the UPC is coming to the UK even though this isn't possible and UPC as a whole is likely already dead

Team UPC and EPO management (notably Battistelli and his chosen colleagues at the top) have long spread lies about the Unitary Patent or Unified Patent Court (UPC). This isn't entirely surprising because lying has become the norm in those circles. We'd like to take a moment to remark on belated coverage from patent law firms, which continue to twist words for the "greater good" which is their profits.



"...there's nothing in the paper that suggests 'unitary' patent participation, only aspiration to "explore" the possibility/prospect."Some UPC spin was posted yesterday by Life Sciences Intellectual Property Review, a site which champions the "Life Science" agenda (calling life itself a science to facilitate patents on life/nature); the British government admits the issue with UPC and then issues a paper which is instantaneously distorted by Team UPC, as one might expect. Well, there's nothing in the paper that suggests 'unitary' patent participation, only aspiration to "explore" the possibility/prospect. Now watch what this site made of it, citing a legal expert/firm:

Truscott noted that while it’s a relief to see IP specifically mentioned, there remains significant uncertainty around the Unified Patent Court (UPC) and the unitary patent. The life sciences section of the UPC’s central division is planned to be based in London.

“The UK has ratified the UPC Agreement and intends to explore staying in the court and unitary patent system after the UK leaves the EU,” said the White Paper.

Whether this is possible will depend on the ability for the participants to agree to modify the existing agreement, said Truscott.

He added: “This could ultimately be beneficial if it were to allow for other non-EU countries to join, so that the UPC could perhaps ultimately act as the court for all contracting states to the European Patent Convention and provide a true one-stop shop for litigants.”

For Bacon, the UPC system would represent the most important change ever seen in the European patent landscape, and the continued involvement of the UK would be welcomed by the life sciences industry.


The "life sciences industry"? That's just a euphemism for an 'industry' that's pursuing patents on life -- something which is currently not legal in pertinent European nations. Speaking of this "life science/s" label, mind Patent Docs pushing this envelope again yesterday (by Bryan Helwig) and the same in Managing IP yesterday. "In-house counsel, private practice lawyers and scientists discussed life sciences advancements such as the move towards personalised medicines, at the Hogan Lovells Life Sciences Summit," Patrick Wingrove wrote.

"The "life sciences industry"? That's just a euphemism for an 'industry' that's pursuing patents on life -- something which is currently not legal in pertinent European nations."Team UPC hopes that UPC can miraculously expand patent scope overnight, enabling for example software patents and patents on life/nature in member states where these are currently illegal. They try to bypass national courts and national patent offices. It's pretty obvious.

Herbert Smith Freehills LLP's Mark Shillito, Laura Deacon and Peter FitzPatrick have also just written about the above. Quoting the relevant part:

Opinions vary on the likelihood of whether the UK could continue as part of the UPC and Unitary patent system post-Brexit. The Foreword to the White Paper by the Prime Minister states that the proposals in the White Paper would end the jurisdiction of the European Court of Justice in the UK. It is not clear whether the UK would nevertheless accept the role of the European Court of Justice in respect of references from the UPC on matters of European law.


They cannot. They said so just a couple of weeks back. Novagraaf (another legal firm) said this yesterday:

On the former, it announced plans to establish its own GI scheme after exit; on the latter, it simply states that it ‘intends to explore’ staying in the Unified Patent Court and UP system after the UK leaves the EU (click here for more on the unitary patent).


The key part is "explore" or "intends to explore". This is not actually possible and the government knows it. But Bristows is now paying (we assume) that same site to push its lie that "UK confirms it will seek to remain in the unitary patent and Unified Patent Court after Brexit" (that word, "confirms" being the word of choice, has been common among UPC boosters).

"Team UPC hopes that UPC can miraculously expand patent scope overnight, enabling for example software patents and patents on life/nature in member states where these are currently illegal."Here is another new analysis from yesterday (there were about half a dozen yesterday alone) and a new comment from IP Kat, citing Article 23 EPC:

I think that you are slightly missing the point that I was trying to make about possible actions of the President of the UPC (Court of Appeal). My point was not that legal mechanisms exist that a "malign" President could validly exploit. Rather, it was that the mechanisms to counter a "malign" President that has overstepped the mark (ie contravened the rules) are unreliable, toothless and/or non-existent.

Ten years ago, and based upon Article 23 EPC, one could have made the case that there was "legally no risk that a judge, how irksome he might be, be removed from office by the President of the EPO". We all know how that worked out in practice.


It is meanwhile being reported that "UKIPO patent applications decline" (news headline) and this doesn't sound like a negative thing if patents are more selectively applied for, e.g. based on better quality/higher bar. To quote:

Patent applications made directly to the UK Intellectual Property Office (UKIPO) have seen a decline between 1995 and 2017.

According to a report on trends from the UKIPO, there was a decline in patent applications at the office, but applications filed at the European Patent Office (EPO) are continuing to rise, especially those filed at the EPO designating the UK.

The report notes that Brexit is a possible reason why applicants are seeking alternate routes.

Also highlighted, is the increase of international applications filed using the Patent Cooperation Treaty (PCT).

Applicants of UK residency make up the greatest share of applications at UKIPO, although the share of applications from non-residents increased to 40 percent in 2017.


"UK trademark applications soar over 22-year period," another new headline (WIPR) said yesterday, so it's not as though UKIPO is running out of work. In fact, it claims to be hiring.

"It's passing all the powers to patent maximalists in the same way copyright maximalists strive to take total, complete control over the EU."Another article of interest was published yesterday by Allen & Overy LLP's Marjan Noor and James Fox under the headline "English Court of Appeal rejects the EPO’s “serious contemplation” test for anticipation by prior disclosure overlapping with later patent. This makes one wonder what will happen to confidence in European Patents:

In the case of Jushi Group v OCV [2018] EWCA Civ 1416, the Court of Appeal has considered the question of the relevant test to apply when assessing whether a prior disclosure of numerical ranges will anticipate a later claim to overlapping numerical ranges.

The Patent at issue relates to the composition of a type of glass which is capable of being formed into fibres. Claim 1 of the Patent specifies a list of constituents for the claimed glass, along with a range of percentages by weight for each constituent as a proportion of the whole.

A prior art patent called “Neely”, referred to in the description of the Patent, disclosed a glass with the same constituents and similarly specified the percentage by weight as a proportion of the whole. It was common ground that the range of each of seven of the constituents in Neely fell entirely within the ranges specified in the Patent for that same constituent, and the ranges for a further six constituents overlapped with them.


UPC is all about taking low-quality European Patents to court, fast-tracking potential sanctions (like embargo, raids) without hearings in the accused party's language, without proper chance of appeal in one's national courts, without assurance of independence for judges and so on. It's like DMCA takdowns. UPC is tarnishing the stated goals of the EU in the same sense that the "link tax" and "censorship machines" (copyright proposals) do. It's passing all the powers to patent maximalists in the same way copyright maximalists strive to take total, complete control over the EU. The copyright maximalists have thus far failed (the first round at least); so will patent maximalists.

Recent Techrights' Posts

British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
 
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."
Sophie Brun, Raphel Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
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?
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
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026