Bonum Certa Men Certa

The Unitary Patent (UPC) is Not Delayed; It's Dead and Without Any Major Rework It Will Go Nowhere

Delay



Summary: The Unified Patent Court (UPC) isn't just delayed but likely canceled; however, people who planned to make a fortune from UPC-centric lawsuits don't want the public to know that or see it that way

THE EPO hasn't mentioned the Unitary Patent in nearly two months. António Campinos said something about it in his first week in Office and that's about it. The EPO does, however, promote software patents every single day now, even at the USPTO. Yesterday the EPO did that thrice (yes, three times!) in one single day, outdoing its usual once or twice per day. In that regard, Campinos is a lot worse than Battistelli.



"The UPC is nowhere near a reality; it's very, very far from it. Simply put, the UPC isn't happening. It is already dead. "The Unitary Patent (or UPC) is itself a Trojan horse for software patents, among other bad things. It is a crude and cycnical attempt to bypass national patent laws and even directives against software patents. It's just insane and no democratic society should allow this to happen. The German Constitutional Court has already taken that abomination to task, but Team UPC keeps pushing two lies which depend on dismissal of a complaint and elimination of lots of other barriers. The UPC is nowhere near a reality; it's very, very far from it. Simply put, the UPC isn't happening. It is already dead.

Managing IP, which worked with the EPO on some UPC advocacy/events, has this new article with a loaded headline: "How patent-heavy businesses are planning for the UPC and unitary patent" (as if it's about to start).

"Counsel at pharmaceutical, telecommunications, car and plastics manufacturers and medical charities tell Managing IP about their considerations for the unitary system," Managing IP wrote, hiding all the pertinent quotes behind their paywall (so only people who agree with this agenda can read and scrutinise).

"No, there are no "delays" for UPC. The UPC just isn't happening. Unitary 'patents' do not exist and the foreseen framework is already dead. It's abandoned. Hardly anyone speaks about it."What Patrick Wingrove does here is that self-fulfilling fantasy-type of propaganda, i.e. pretty much the same old tactic used by Managing IP for a number of years. On almost the very same day another article emerged, this one titled "Bulgaria ratifies the Protocol on Provisional Application of the UPC Agreement but delays still in store for the UPC" (what an incredible understatement, as if it's only a matter of time).

No, there are no "delays" for UPC. The UPC just isn't happening. Unitary 'patents' do not exist and the foreseen framework is already dead. It's abandoned. Hardly anyone speaks about it. It's gone with the wind, gone with Battistelli, whom nobody has heard anything from since he left at the end of June. Herbert Smith Freehills LLP, which is responsible for the above, is just wanting us to think otherwise and being Team UPC opportunists (litigation 'industry') they're looking really hard for signs of UPC progress, jumping a whole month back to a country with barely any European Patents (a fraction compared to a country like France or Germany). Bulgaria was mentioned on August 21st (but that only showed up yesterday) regarding something that happened back in July. To quote: "On 24 July Bulgaria ratified the Protocol on Provisional Application of the UPC Agreement (Protocol). Four more ratifications/declarations are needed, including Germany, for the Protocol to come into effect and allow the practical workings of the Unified Patent Court (UPC) to be established in preparation for the court coming into operation, which will happen once the UPC Agreement (UPCA) itself has been sufficiently ratified. In both cases, ratification by Germany is a prerequisite. Recently reported comments from the Chairman of the UPC Preparatory Committee have revealed that there may be at least a 6-8 month delay once Germany is ready to ratify the UPCA, given how much needs to be done for the UPC to be ready to open its doors. It therefore looks increasingly unlikely that the UPC will take effect before Brexit unless Germany ratifies the Protocol in the next few months."

"The EPO does not obey court rulings, it does not care about the law, the management engages in corruption, and the founding document (EPC) doesn't mean a thing. While this remains the case (António Campinos has not tackled this in any way whatsoever), only a madman would entrust or give the EPO authority/leverage over a legal system, as per the UPC."Notice their nonchalance; as if they're already sure about the outcome of the complaint in Germany. As if it's without merit. What sheer arrogance.

Meanwhile (also yesterday) Mitscherlich PartmbB's Christian Rupp talked about an upcoming/past case for the Boards of Appeal. The EPO has already attacked its judges pretty viciously; the Boards of Appeal can therefore not rule independently and that's a persistent problem which even the German Constitutional Court is well aware of. Rupp wrote:

In the decision T2563/11 the Boards of Appeal of the European patent had to deal with a divisional application having identical claims to a parent application (on which in the meanwhile a patent had been granted), but having differences in the specification – which, in the opinion of the applicant, lead to a different scope of protection vis-à-vis the scope of the granted parent.

The Board decided that, for the double patenting prohibition, it is the “matter for which protection is sought” defined in the claims (in line with the wording of Art. 84 EPC) which matters, but not the scope of protection, or more exactly “the extent of the protection conferred by a European patent” as defined in Art. 69 EPC. According to Art. 69EPC the “extent of the protection” shall be determined by the claims, however wherein the description and drawings shall be used to interpret the claims.


The EPC is no longer applicable in the EPO however; it was repeatedly violated by Battistelli, who faced no consequences for violating the EPC. The reality of the matter is -- and the German Constitutional Court has ample evidence of it -- the EPO now operates above the law. The EPO does not obey court rulings, it does not care about the law, the management engages in corruption, and the founding document (EPC) doesn't mean a thing. While this remains the case (António Campinos has not tackled this in any way whatsoever), only a madman would entrust or give the EPO authority/leverage over a legal system, as per the UPC. ⬆

Recent Techrights' Posts

Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
 
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026