Bonum Certa Men Certa

When It Comes to a Unitary Patent System, Bad (or Intentionally Dishonest) Legal Advice Has Become the Norm



Look! The UPC is coming! Haha. You fell for that one!



Summary: The Unified Patent Court and Unitary Patent (UPC and UP, respectively) reinforce the old saying about lawyers being liars, doing anything to attract clients (to take their money); the UPC is basically dead, but fiction, falsehoods and outrageous fantasies still find their way into Web sites of law firms

YESTERDAY we were told that "tomorrow [there would be an] important PR to nuke the UPC as it is..."



So that's later today.

"People deserve realistic expectations; UPC propaganda may help “sales”, but at whose expense?"Readers may have noticed a slight decrease in our coverage of European Patent Office (EPO) affairs. But we're still watching it very closely and our latest Daily Links (published minutes ago) included a report about EPO-granted patent being found invalid, more patents granted on nature/life, and hearing delays due to the infamous pandemic (this affects EUIPO and EPO alike). This does not concern Team Campinos/Battistelli and it's not about software patents , so we don't have much to say about that.

On the other hand, yesterday we found this promotion of an article by Rachel Bradley (Penningtons Manches Cooper LLP). She either does not understand how deep in trouble UPC is or she is simply lying to clients for patent revenue (legal bills) to be secured, based on unhelpful delusions. Here's what she wrote in the firm's site (with our corrections added):



How will it affect patent portfolios?

Currently patents within the European Patent Convention (EPC) countries are taken to grant through the European Patent Office (EPO). The EPC is not an EU instrument but an international convention and the EPO itself is not a European institution. As such, the procedure and mechanisms for granting classic European Patents will remain unchanged for the UK.

The big question is, how will the proposed Unitary Patent system be affected by Brexit?

The UK intends to stay [Ed: you cannot stay in something that does even exist] in the Unitary Patent system, and indeed it ratified the Unitary Patent Court Agreement in April 2018 [Ed: and the person who was responsible for that stunt resigned, then replaced twice or thrice more]. The Unified Patent Court and Unitary Patent will [Ed: "will" or "would"? Well, the word "will" implies certainty] take effect three months after the UPC Agreement has been ratified by thirteen countries including all three of France, Germany and the UK [Ed: we know the UK cannot participate, Germany is not ratifying and France has self-interest because of positions being reserved to it; also, constitutional challenges -- of which there have been several -- can annul some of the other ratifications]. France has also already ratified it [Ed: see EPO scandals and our coverage for associated scandals; INPI is now under fire as well] along with a further 14 countries [Ed: there have been court cases standing in the way though], meaning there are now 16 ratifications in total [Ed: of which several are invalid, including critical ones]. Although Germany has passed all the laws that are needed to bring the UPC into effect in Germany [Ed: meaningless bureaucracy, also unconstitutional], ratification is still outstanding [Ed: outstanding implies almost "impending"; not true] and is dependent on the outcome of a complaint pending before the German Constitutional Court [Ed: no, Berlin has already said that due to Brexit there are additional barriers and reservations]. It is possible, if the Court dismisses the complaint, enabling Germany to ratify the UPC Agreement [Ed: no, there's also Brexit], that the UPC system will take effect during the transition period up until December 2020 [Ed: completely unrealistic nonsense, probably a copy-paste from some Team UPC site like the Preparatory Committee], with the UK as a participating member [Ed: no, it cannot participate as it's an EU system].

As currently drafted, the UPC Agreement can only take effect in EU member states and the UPC cannot be based in a non-EU member state [Ed: to change that they need to rewrite the whole thing and start a round of ratifications all over again, which can take years and become unattractive without London]. There has been much debate on the question of whether legally the UK could continue to participate in the UP and UPC [Ed: it cannot, they need to restart to have a chance], and the weight of opinion is that it could [Ed: whose opinion? The Preparatory Committee's?], if the political will is there [Ed: no, they mean lobbying, bribery and so on]. Continued participation in the UPC and UP would require a new international agreement between the UK and the participating EU member states, and would require the UK to submit to EU law, and the supervisory jurisdiction of the European Court of Justice (CJEU), in relation to proceedings before the UPC [Ed: then, still, the UPC needs to be redone, rewritten, ratified all over again; It won't even be "UPC" anymore but something else]. The UK would also have to sign up to an appropriate jurisdiction and enforcement regime, such as the Lugano Convention. [Ed: This is unlikely given recent statements from Number 10]


As can be seen above, almost every sentence is a distortion, a lie, or semi-truth at best. Why would anyone pay hundreds of euros per hour for such bad 'advice'? People deserve realistic expectations; UPC propaganda may help "sales", but at whose expense? As a side note, is there an exodus at Bristows?

Recent Techrights' Posts

IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
 
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026