Bonum Certa Men Certa

Max Planck Institute Pours More Water on the Dying Unitary Patent (UPC)

Max Planck Institute



Summary: The Max Planck Institute gives another sobering reality check for Team UPC to chew on; there's still no sign of any progress whatsoever for the UPC because even Team UPC appears to have given up and moved on

THE EPO does not need the UPC and certainly does not want it. The management of the EPO, i.e. Team Battistelli, wants the UPC and has plenty to gain from it, including an excuse to shut down the Boards (or at least making them highly irrelevant, marginal).



"The management of the EPO, i.e. Team Battistelli, wants the UPC and has plenty to gain from it, including an excuse to shut down the Boards (or at least making them highly irrelevant, marginal)."When we refer to the UPC we refer to a dubious court system wherein the accused can be subjected to judgments in a foreign language, issued overseas by judges whose reappointments depend on a subjective measure of 'performance'. The French head/chief of UPC (this position was promised to France) is possibly Battistelli, who allegedly quite arrogantly assumes he can return to being 'king' (of a court this time around) with all the powers 'reserved' just for him. It's for France to benefit from, as usual. Do not forget that António Campinos is also French and the 'French' (Forbes France is actually US-controlled) media wrote about him yesterday evening ("Pourquoi La France Doit Rester Présente Dans La Gouvernance Des Brevets Européens"). As we pointed out less than a day ago, Forbes is a patent maximalists' think tank.

What about think tanks that aren't beholden/controlled by billionaires? Well, the Germans often take pride in the Max Planck Institute, among few other institutions. And guess what the Max Planck Institute has to say about UPC...

"The French head/chief of UPC (this position was promised to France) is possibly Battistelli, who allegedly quite arrogantly assumes he can return to being 'king' (of a court this time around) with all the powers 'reserved' just for him."Florian Müller and Benjamin Henrion point to Team UPC's Thomas Adam, who himself admitted this problem in a series of three tweets: "From Max Planck Institute for IP : „[...] unitary patent protection cannot be dissociated from the general legal order of the EU’s Internal Market & extended to the UK once it has left the Union. Any such extension is incompatible with the autonomous [...] character of EU law and its institutions, will result in a legally split unity for separate and separately regulated markets, and conflict with both the UK’s and the EU’s public interests in defining and implementing a patent policy of their own. [...] Since the core objective of the UPC Agrmt is to establish for the adjudication of UP protection a common court of EU Member States that, as such, forms part of the judicial system of the EU, continued participation in the UPC Agrmt of the UK post Brexit _will not be possible_.“"

Benjamin Henrion supplied the direct PDF link [PDF], getting past the paywall.

Perpetuating the two lies of Team UPC (in the UK), the UK-based Patrick Wingrove from a UK-based UPC advocacy site wrote about it last night:

An association of German research institutes has concluded in a paper that extending unitary patent protection to the UK post-Brexit through an international convention would create a “fictitious unity” that is incompatible with EU law

An association of German research institutes concluded in a paper published this week that the UK remaining in the UPC system after Brexit would be incompatible with EU law.


Well, UPC is dead, but Team UPC's propaganda sites (with track record at that) try hard to keep it afloat in headlines. The key takeaway here is that UPC is only open to EU members and if Britain leaves the Union, then the whole UPC cannot have dependencies in it (as it does) relating to the UK. If the UPC was to be altered (redone), it would open up the possibility of countries like Turkey and some north African nations participating also, necessitating their ratifications as well. Tricky and time-consuming, no?

"The key takeaway here is that UPC is only open to EU members and if Britain leaves the Union, then the whole UPC cannot have dependencies in it (as it does) relating to the UK."From what I've read, Turkey's patent system is a corrupt thing plagued with nepotism and government favouritism. It's hard to see why anyone other than a Turkish firm or a Turk would apply for patents there, but days ago there was shameless self-promotional marketing by Fatih YalinbaÅŸ (Nazali) in Mondaq, published under the headline "Reasons For Making First Application In Turkey" (if it sounds like an advertisement, it may be because it really is).

Turkey is not an EU member. If Brexiters get their way, the UK won't be either. This means that the UPC goes nowhere and the three Frenchmen (below) remain hopeless, having spent a lot of effort pushing the UPC for many years (self interest, not Europe's interest).

The three Frenchmen

Recent Techrights' Posts

YouTube is a Spamfarm, Slopfarm, and Clickfarm (a Lot of Numbers There Are Fake)
Those who don't fake look unpopular and unimportant
Misinformation is Not Intelligence
It's low-grade plagiarism and it fails to show any signs of intelligence
'Tech' Gimmicks Are for Advertising, Not for Usability
In the case of Microsoft, they latched onto slop
 
They Try to Lecture Us on Ethics
They even removed "master" from Microsoft GitHub
The Future of the Web is One Rendering Engine or 'Flavours' of Chrome
The future of the Web does not look bright at all
Best Sites Are Not Optimised for Any Browser, They Work Equally Well With All of Them
Red Hat (IBM) is making rubbish sites
We Don't Do JavaScript and Pages Are Small
Thankfully Gemini Protocol has nothing like JavaScript
'Tech' is Not Technology
Some people use terms like 'Old Tech'
IBM's Debt Rose by Almost 10 Billion Dollars in the Past 6 Months Alone
The "hey hi" circus is coming to an end
Yes, Master
Gaslighting by actual racists
Microsoft Bribes and Buys Politicians to Tell Europe What to Do About Free Software (Which It's Attacking)
Microsoft: we speak for the thing that we are attacking! Follow the money...
Making Backups Quickly and Reliably
Backups are imperative, more so in an age of uncertainty, unpredictable weather, and worsening standards (quality of products going down while prices go up)
Techrights Investigation: Estimating the Point in Time LinuxIac Turned Into LLM Slop (Part of the Time)
Bobby Borisov got lazy
10th Month, Ten Weeks From Now, at Ten AM
In Wentworth Institute of Technology in Boston
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 24, 2025
IRC logs for Thursday, July 24, 2025
A Nadella Memo Distracts From Microsoft's Cheapening Of the Workforce
Right now the "MSM" (mainstream media) is flooded/overwhelmed by garbage pieces that relay lies for Nadella
Vanishing Faces of GNU/Linux
Free software projects do not depend on any one person or company to still exist
Microsoft Says It Lost 400 Million Windows Users, Now It's Waiting for GNU/Linux to Stop Booting on 'Old' PCs
When it comes to Windows, Microsoft is fully aware of the issue and statements it made earlier this summer suggest it lost 400 million Windows users
Slopwatch: LinuxTechLab, linuxsecurity.com, LinuxIac, and More
Also: The Register's Microsoft agenda (new editor)
Gemini Links 25/07/2025: Gemtext Aware Titan Editor and Gemini Protocol Comeback
Links for the day
Links 24/07/2025: Convicted Felon Quits UNESCO, "Vibe Coding Goes Wrong", and Signalgate Gets Worse
Links for the day
Gemini Links 24/07/2025: Forgejo Woes and Smolnet Directory Week
Links for the day
Links 24/07/2025: Storage Tapes Still Kicking, Windows TCO 'on Steroids' (Microsoft-Induced Catastrophes)
Links for the day
Bobby Borisov (LinuxIac) Has Apparently Begun Experimenting With LLM Slop, So We Cannot Trust LinuxIac Anymore
So did LinuxIac become a slopfarm? Maybe not yet, but it's getting there
Informa TechTarget's ITProToday is Becoming a Slopfarm Generated by Microsoft Chatbots
Busted.
BetaNews Sacked Brian Fagioli and Deleted His Comments, But He Still Tries to Use the "BetaNews" Brand for Self-Affirmation
Fagioli takes the work of other people
[Meme] Hard to Be a Better Person?
Sooner or later they'll realise that for each pound I spend they need to spend about 1,000 times more
The LLM Con Artists Are Highly Destructive
Who will ever be held accountable for this scam?
Too Bribed by Microsoft to Move to Free Software?
Microsoft lies and Microsoft bribery (in politics)
New US Editor for The Register is a Microsoft Booster
"Avram Piltch has served as US editor for The Register since July 2025."
Microsoft Hiring European Politicians is Another Form of Bribery; There Should be a European Investigation
When Microsoft bribed people in Europe for OOXML (there's no denying this!) a European government delegate said that Microsoft operated like a cult
Reda Demanded That FSF Removes Its Founder, Now Reda Works Directly for Microsoft
A sellout and a traitor, first working for GAFAM, now Microsoft
PCLinuxOS is Raising Money to Support Development After Fire Incident at the Host
PCLinuxOS has not had announcements lately
Speed of the Site Should be Better Now
The "bot attacks" impact the speed of the sister site too
Getting More From AnalogNowhere
Recently we used many images from AnalogNowhere
Microsoft, Microsofters and 'Secure' Boot Shills Already Storming the LWN Report About Expiring Certificate, Shooting the Messenger
LWN has clearly stuck a nerve
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 23, 2025
IRC logs for Wednesday, July 23, 2025
Disable "Secure" Boot Today (the Only Better Time to Do So Was Yesterday)
Don't trust anything Red Hat tells you about security
Links 23/07/2025: Windows Killed Company After 150+ Years, US Government Mimics Russia's Attacks on the Media
Links for the day
Freedom Generally Wins at the End, History Shows (But It's Constantly Attacked, Too)
At the moment people realise "Linux" (e.g. Android) isn't enough to guarantee any freedoms
Over 3 Months Later Brett Wilson LLP Still Unable to Recruit a Media Lawyer?
"Immediate start", but not found... still unfilled
“Inhumane” and “Disgusting” Mass Layoff Execution, According to Microsoft Staff
The workers are looking for other places to work
The Free Software Foundation (FSF) Has a New Slogan for Its 40th Anniversary
The freedoms are what's most important
Microsoft is Trying to "Pull a Nokia" on GNU/Linux as Desktop/Laptop Platform
We all remember that rather well, don't we?
LLM Slopfarms gbhackers.com, "Cyber Press" and CyberSecurityNews Are Drowning Google News (and Shame on Google for Feeding and Facilitating Them)
All are run by the same people
Links 23/07/2025: Droplets GUI Patent Monopoly Challenge, Nokia Leverages Illegal Patent Court Against Rivals
Links for the day
Gemini Links 23/07/2025: Community in Geminispace and Challenges With Old Computers
Links for the day
Links 23/07/2025: Slop Patents Tackled, Slop Copyright Misuses Tackled by Politicians
Links for the day
Our Three Lawsuits Against Microsofters Are About to Become a Lot More Relevant to GNU/Linux
The Master will easily understand why Garrett has been attacking me since 2012
Links 23/07/2025: Retreating From Transparency on Jeffrey Epstein, We No Longer Have Press Freedom
Links for the day
Gemini Links 23/07/2025: Piano and Food
Links for the day
New and Old
On Ageism in Tech
Slop Is Not Intelligence and It Does Not Enhance Productivity
Like voice dictation, which cannot tell the difference between "sheet" and "shit"
EPO Crimes Are Spreading to the British Court System
Society is now paying the price for failing to tackle crimes at the EPO
It's Time to Dump SharePoint and Here's What to Use Instead
Nextcloud, ownCloud, Bookstack, MediaWiki, and MediaGoblin
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 22, 2025
IRC logs for Tuesday, July 22, 2025
Brett Wilson LLP Has Gone Silent
Sometimes silence says more than nothing at all
Slopwatch: LinuxSecurity, Planet Ubuntu, and LinuxTechLab
some slopfarms show no remorse and they don't value their reputation at all
Links 23/07/2025: Book Bans, Storms, and Kangaroo Court for Patents Commits More Unlawful Acts of Overreach
Links for the day