U.P.C. is the new U.F.O.

THE European Patent Office (EPO) never mentions the UPC anymore. It has been months! Even Team UPC recently admitted to the media that it only tries to maintain an illusion of progress.

"Even Team UPC recently admitted to the media that it only tries to maintain an illusion of progress."It has increasingly become credibility suicide to assert that UPC is "just around the corner" or "coming soon" or "not a problem". Fewer and fewer lawyers and law firms are willing to say that.

Days ago we wrote about how German media had quoted the German government. It was about the EPO and the UPC. The patent propaganda sites (in service of Team UPC) spin that already. Misleading framing by the UPC hopefuls would have us believe that there are no other barriers to the UPC other than Brexit (we've been saying that for 2.5 years at least). The UPC, which is unconstitutional, has many other barriers but lousy "tweets" (definitely not journalism) say: "The UK’s departure from the EU plays an “important role” in the further implementation process of the Unified Patent Court, according to the German government."

"We must ask again, what happened to IP Kat? How did that happen so fast? A few years ago it was still holding the EPO's (and sometimes UPC's) feet to the fire."Actually, it prevents even a ratification of the UPCA. There's no "further implementation process" of something which does not even exist. No, that's just not what's happening here.

To make matters worse, at the end of the week we saw Team UPC (Winfried Tilmann & Clemens Plassmann) pushing a book full of lies; suddenly IP Kat brings back Hayleigh Bosher/Eibhlin Vardy for Tilmann. The blog helps their marketing of these old lies; this is the kind of marketing that repelled and drove away some longterm writers of IP Kat (think Merpel at al). There are also promotional links with a ridiculous price! Who pays $400 for a book full of lies and toxic agenda?

We must ask again, what happened to IP Kat? How did that happen so fast? A few years ago it was still holding the EPO's (and sometimes UPC's) feet to the fire.

Now?

Exactly the opposite.

"Hervey is careful to note that there's no guarantee that the UPC will ever exist and, even if it somehow comes into existence, the UK cannot take part."We must also mention the new Lexology/Mondaq piece [1, 2] from Matt Hervey (Gowling WLG). It's about "hey hi!" (AI), but it's preceded by this paragraph: "If the EU's "unitary patent" regime comes into force and the UK is allowed to take part (neither of which is certain at the time of writing), the Government appears to intend to adhere to EU law, and to continue to recognise the jurisdiction of the Court of Justice of the European Union (CJEU) (in contrast to general Brexit policy)."

This is actually quite accurate. Hervey is careful to note that there's no guarantee that the UPC will ever exist and, even if it somehow comes into existence, the UK cannot take part. Hervey's post isn't about the UPC though but about something else (very dishonest), which we shall cover in our next post. ⬆