Bonum Certa Men Certa

The Unified Patent Court (UPC) is Obsolete for More Reasons Than the German Constitutional Court, But Team UPC in the UK Refuses to Give Up

UPC isn't compatible with the UK's current policy and UPC cannot happen without the UK

German shepherd dog



Summary: The German challenge to the UPC is only one among several big barriers to the UPC; media affiliated/associated/manned by Team UPC, however, would have us believe otherwise

THE EPO NEVER MENTIONS the UPC any longer. It's like a policy; it's like they prefer to say nothing about it. António Campinos has not mentioned it for over three months. The officials at the USPTO don't mention it and neither do patent maximalists in the US (Watchtroll used to mention/advertise it, but not anymore).

"Media coverage about the UPC has always been a sham and that’s a shame. Nothing has changed."Anyone who is honest to oneself would accept that UPC is a dead end. But following the release of a statement/document from the British government (there was a portion in a larger advisory publication about the UPC) we saw about a couple dozen articles about it, almost exclusively from patent law firms with stakes in the outcome. We wrote almost a half dozen rebuttals since that time and it stopped last week or several days ago (maybe 5 days ago). It's curious that after almost a week of silence on this matter Managing IP brought it up again (the day before yesterday). Why does Managing IP only speak to the patent microcosm ("in-house and private practice lawyers")? It's behind a paywall, but we can imagine that Patrick Wingrove spoke to Team UPC in the UK (where he's located) rather than technical companies with much at stake, e.g. fear of being sued by patent trolls. They speak of a recent paper that came out only to be smeared and belittled by Team UPC. As Wingrove put it:

A new paper has concluded that the UK cannot stay in the UPC after Brexit. Managing IP speaks to the author and in-house and private practice lawyers to unpack the important points of the research

Imagine this scenario. Next month, the German Constitutional Court considers the complaint against ratification of the Unified Patent Court Agreement and throws it out.


Why?

Wingrove repeats two misconceptions (or lies) again -- ones that we keep seeing a lot. The first is that the UPC will happen and the only unknown is the UK's participation in it; the second is that the German Constitutional Court will no doubt "OK" the UPCA and the only question is when. We won't assume malicious intent from Wingrove because he's surrounded by liars. These lawyers lie to him, giving him a false impression. Maybe Wingrove should consider speaking to the 99 percent or more in the UK who aren't lawyers. Perspective might then vary widely. Having said that, the employer, Managing IP, is more like a think tank of the litigation industry -- one that sets up UPC advocacy events in collaboration with Team UPC/EPO.

Yesterday IP Kat brought up the above paper as well:

Kat friends Matthias Lamping and Hanns Ullrich of the Max Planck Institute for Innovation and Competition, have recently published two articles on the impact of Brexit on the unitary patent system and the unified patent judiciary: "The European Union’s Patent System after Brexit: Disunited, but Unified?" and "The Unified Patent Court, and How Brexit Breaks It". A potentially sobering read. See here for IPKat commentary on the recent guidance note from the UK government on a impact of a no-deal brexit on the UPC.


Why did IP Kat not write about this paper but did write about "the recent guidance note from the UK government"?

Lies by omission? The typical pro-UPC bias of IP Kat, connected to CIPA and Bristows?

Media coverage about the UPC has always been a sham and that's a shame. Nothing has changed.

Recent Techrights' Posts

European Patent Office (EPO) Series: Czech Mate: EPO Kingmaker or Merely a Pawn in the Game?
recent "missions" of the EPO President
SLAPP Censorship - Part 131 Out of 200: A Big Win for the Media in the United Kingdom (UK) Today
In a democratic society the Right to Know, which is closely connected to freedom of the press (or what one might label "blogging" or "blag"), comes above all else, except where there are lives being put at risk
IBM's Fedora Plans to Integrate Slop Into "Fedora Workstation as a Default Feature."
IBM does not care whether the community wants this or not
The Media Talks a Lot About XBox Layoffs, a Closer Look at the Data Shows Microsoft 'Bloodbath'
'Bloodbath' is the term insiders use
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 07, 2026
IRC logs for Tuesday, July 07, 2026
Links 07/07/2026: Microsoft Cuts Doom "id Software" and Turkey Detains Journalists
Links for the day
Gemini Links 07/07/2026: Old Computer Challenge (OCC) and Hardware Tests
Links for the day
A Break From the Routine
What matters is what whistleblowers keep feeding information to us
SLAPP Censorship - Part 132 Out of 200: When You Cannot Pay a Million Pounds (1,335,520.00 United States Dollar) to Lawyers But Have a Strong Community
Techrights compensates for its fiscal poverty with a wealth of community spirit
Fame is Not the Goal
"Fame" kills
Mental Health in Free Software Communities
clearly there is a subject that merits debate and it ought not be a taboo anymore
The Era of Sponsored Spam
There is no "era of AI", there is era of BRIBES to PRETEND there is an "era of AI"
Gemini Links 07/07/2026: Cleaning, Old Computer, and More
Links for the day
Links 07/07/2026: Le Monde Combats LLM Slop Plagiarism, "ACLU Launches Largest Ever Midterm Electoral Program"
Links for the day
Extremism in the Free Software World is Mostly a Myth
Only the firm belief that justice applies to all will produce a just society
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 06, 2026
IRC logs for Monday, July 06, 2026
Links 07/07/2026: Kernelized Secure Operating System (KSOS) and "Exploiting Thoughtcrime in LLMs"
Links for the day
SLAPP Censorship - Part 130 Out of 200: Jealousy, Envy, Hubris
This site is primarily about Free software
Gemini Links 06/07/2026: Still Mostly Dry, GoToSocial, and More
Links for the day
European Patent Office (EPO) Series: Effective Dispute Resolution… But Not For EPO Staff
Slovenia fielded one of the few Administrative Council delegations which managed to maintain its own independent line against the tyrannical EPOnian "Sun King"
Community Sites Need Genuine Collaboration and True Autonomy
People who want to communicate, federate and organise for effective change need to evolve
Free Software Foundation (FSF) Covers Quibble, Free Software for Secure Communications, in the FSF Summer Bulletin
The Georgia Tech folks are bringing Free software education and contributions to one of the better known Computer Science hubs in the US
Microsoft Layoffs Include Windows, Bing, Slop (CoPilot etc.) and There Will More More Rounds (or Waves) to Come
"43% of Xbox laid off"
Obscene Contradiction in Microsoft's Layoffs Tally ("Official" Numbers Do Not Add Up)
Notice how they treat "LinkedIn" as separate
Preserving Comments About the Real IBM Before They Get Deleted
IBM in the 1980s is not what it is right now
Cybershow on "Escaping Prisons For Your Mind"
"THE CYBER SHOW: Stealing technofascism's boots, and stomping on its own face with them."
Links 06/07/2026: At Least 20% Staff Reduction in XBox (Microsoft), Taiwan Sees Uptick in Chinese Aggression/Provocation, Senator Rodante Marcoleta Arrested
Links for the day
Confirmed: Microsoft Layoffs Come in Two Waves, Just Like Last Summer
To us, what stands out is the admission from Microsoft that there are two (or more) waves
In Praise of the UK's Stance on Free Speech (but Some Reservations)
At the moment there is a healthy discussion going on with the objective of disrupting attacks on British press
Exposing Corruption at the European Patent Office (EPO), a Call for More Whistleblowers
We predict that, provided enough whistleblowers speak out, António "the unready" won't even finish his current term
Leaving Our Pets for Several Days
This week our pets will be worried that "mommy and daddy" are away
Dating Trees and Dating 'Apps'
several high-profile stories in the news about scandals in "dating apps"
DW Documentary About Julian Assange Turns 2
It was released just days after Assange had turned 53 and about two weeks after he had left the UK
Independent Media is the Only Form of Legitimate Media
Independent media is, indeed, what we need to demand more of
The Story of the European Patent Office (EPO) Wagging the Dog (EU)
The aim of the series is to properly inform the world - not just Europeans - how Europe's second-largest institution is run [...] How did a corporate hub of monopolies become so detached from the Rule of Law?
GNU/Linux Up to New High in Libya, Windows Down to All-Time Low
GNU/Linux touches 5% there, based on statCounter
Links 06/07/2026: Artists Reject Slop (or Even de Facto Bribes to Market/Endorse Slop)
Links for the day
SLAPP Censorship - Part 129 Out of 200: Iranian Tactics
Hunger for revenge compels people to do overzealous, irrational things
Quiet Week
Many in the US are still enjoying an extended weekend
The Media Needs to Speak of Slop as a Climate Issue Like It Did With Bitcoin
But the slop industry keeps paying the media to play along with the hype
IBM's Fall
IBM's fate is closely connected to that of the Free software movement because of the salaries
Social Dialogue at the European Patent Office (EPO) is Dead, the Strikes and Work Stoppage-Like Actions Carry on
What next for the EPO?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 05, 2026
IRC logs for Sunday, July 05, 2026
Links 05/07/2026: Shadows of the Upper Peninsula and 2026 Old Computer Challenge
Links for the day