Bonum Certa Men Certa

Lots of UPC Noise/News This Week Over a Document Which Merely Weakens Commitment to the UPC

A loud noise



Summary: Lost in the noise created by Team UPC this week is the simple fact that the British government now admits it's willing to abandon all Unified Patent Court (UPC) Agreement (UPCA) plans

AS we noted earlier this week, the EPO no longer mentions the UPC; neither does IP Kat, which used to do so regularly. The latest emergence of this topic, however, was due to a paper on "no deal Brexit" -- a subject explored by IP Kat's Rosie Burbidge yesterday, in blog posts titled "what does it mean for registered Community designs and trade marks", "what does it mean for exhaustion of rights?" and what will happen to patents - particularly SPCs and the UPC?"

"As we know, the UPC depends on German ratification," she wrote in that last part. "This may not happen before 29 March 2019 (or possibly, at all)."

This is not the sole barrier at all. The UPC(A) faces a lot more than one barrier, yet sites that made it their objective to promote (advocacy) UPC carry on with their usual spiel, trying to trivialise the severity of this. Patrick Wingrove, writing for the patent microcosm in the UK, wrote: "In-house and private practice lawyers discussed artificial intelligence, evolving business models, UK UPC compatibility and the proposed SPC waiver at the European Patent Forum in Munich" ("artificial intelligence" just means software patents in Europe and UPC is how they hope to make courts 'swallow' such bogus, abstract patents).

Watch what Kluwer (maybe Bristows) wrote around midnight (just an hour before) on Monday. It's a blog post which says:

The UK Government issued guidance today on patent issues to allow businesses and citizens to understand what to do in a ‘no Brexit deal’ scenario.

The so-called Technical Notice includes information about the Unitary Patent and Unified Patent Court, and explains that it is unclear whether the UP system will start before the Brexit date of 29 March 2019, ’with the start date being dependent on ratification of the Unified Patent Court Agreement by Germany’.


SUEPO has linked to that since. There are no comments.

Well, maybe they missed the 'memo', but there's no UPC for the UK to actually "exit" as the Unitary Patent is dead. Opposition to it has only grown (e.g. in Hungary and Poland).

Looking at other media sites around yesterday, here's another example. This new article promotes the lie that "small businesses" are hurt the most; the same lies Team UPC fancies pushing...

There were more articles about it this week (e.g. [1, 2]), but virtually all of these were composed by law firms rather than actual journalists. It's just marketing; self-promotional 'analyses'...

Graham Burnett-Hall and Tom Taylor of Marks & Clerk (Team UPC) spoke of the challenge in Germany as follows:

The Unified Patent Court (UPC) is not yet established and is dependent on ratification of the Unified Patent Court Agreement by Germany (which itself is dependent on the outcome of an ongoing constitutional challenge). It is currently unknown whether the UPC will be operational before Brexit day, i.e. 29 March 2019. Even in a ‘no deal’ situation, the UK is committed to exploring whether it will be possible to participate in the UPC and unitary patent system. It is worth noting that the UK ratified the Unified Patent Court Agreement in April of this year, i.e. after having started with EU withdrawal process, which indicates that continued participation in the UPC is considered by the UK government to be politically acceptable, notwithstanding the fact that the UPC is required to apply relevant EU law in its decisions. If the UK is prevented from being involved with the UPC and unitary patent then patent protection and enforcement in the UK will continue just as it does now.


Well, the UPC is in very bad shape. UPCA is DOA by now. World Intellectual Property Review thought of no better way to cover this than to say "Lawyers concerned by no-deal Brexit guidance on IP exhaustion" (that's the headline: "Lawyers concerned"; because who cares about what actual people and companies that really create something feel or think).

The UPC does not exist, for obvious reasons, and it will never materialise anyway, so headlines like this one also do don't help. But the summary is clear however: "New guidance from UK government shows a change of heart on unified patent court under a 'no-deal' scenario."

Yes, the government now openly admits that it might altogether abandon the UPC. And that's the real news. This whole thing is actually a blow to Team UPC.

Recent Techrights' Posts

The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
 
The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
The Blob Slop
Give me more words, give me some text
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025
Gemini Links 20/09/2025: Snowy Photos and utism is a Spectrum
Links for the day
Microsoft-Sponsored Xenophobia and Nationalism
IBM is very similar in this regard
Vintage is Sometimes Better
Why can't we get back to "simple" if (or where) "simple" means better?
Climate Breakdown Means We'll be Publishing More, Not Less
Press freedom will be a common, recurring theme
Our 5-Year Geminispace Anniversary is Coming Up
I still remember when Gemini Protocol was quite new
It's Right to Point Out Violence From the Right
Violence is a recurring theme
Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day