Bonum Certa Men Certa

Death of the UPC (Unitary Patent) Confirmed by the British Government

UPC strictly requires the UK, hence UPC is dead

UPC lies
Lies as headlines are fashionable in "Fake News" era



Summary: The lies about the UPC are repeatedly being called out as UPC disarray is confirmed by the spokesperson of Prime Minister Boris Johnson

NOBODY should be surprised by this. As comments online (forums, blogs and so on) indicate, everyone except hardcore "Team UPC" is not surprised by this at all. Some time in the coming days we're going to take stock of some feedback. It's quite revealing. We've been saying this for years, even at risk of being ridiculed as unrealistic.



The short story is, a key pro-UPC outpost, namely IAM, heard right from the horse's mouth that the UPC isn't happening. Joff Wild, who gave up about a year ago, tried to save face by writing: "Although the previous government led by Theresa May committed the UK to UPC membership, the new government under Boris Johnson has made clear time and again that it envisages a far looser relationship with the EU post-Brexit. As a consequence, it has taken a much harder line on CJEU jurisdiction. Basically, it does not want any in any form. The CJEU – the Court of Justice of the European Union – has an important role in the UPC agreement as the ultimate arbiter of EU law, while Article 20 of the agreement specifically states that the Unified Patent Court “shall apply Union law in its entirety and shall respect its primacy”. Thus, being part of the system would have meant the UK accepting that EU law takes precedence over UK law in UPC-related matters."

To put it more succinctly, UPC is dead along with anything that resembles it. London won't play ball.

"Kluwer Patent blogger" (typically Team UPC pseudonym) has meanwhile taken note of the above, adding:

The UK will not be part of the UPC. The Office of Prime Minister Boris Johnson has confirmed this to IAM-Media.

According to the website, spokesperson Baylee Turner stated: “I can confirm that the UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and bound by the CJEU is inconsistent with our aims of becoming an independent self-governing nation.”

The possibility for the UK to participate in the UP system post-Brexit has been a topic of lengthy debate. Also, it has long been questioned whether the UK would want to stay in the Unitary Patent project. During the Brexit debate, it has repeatedly been said that Brexit would end the jurisdiction of European Courts in the UK.


At this stage it hardly even matters what happens (or will happen) in Germany. The politicians in Berlin won't ratify something that's legally pointless, not just for constitutional reasons but Brexit as well.

IP Kat, which wrote close to one hundred posts promoting the UPC, is changing its tune now that it's convenient. Alex Woolgar wrote the headline "UK will not participate in UPC system" (which is funny because no participation means that the UPC itself is defunct, so it's understating what has happened).

Woolgar says that "like that, it's gone. However one interprets Opinion 1/09 of the CJEU, it is pretty clear that the UPC Agreement requires UPC participating states to respect the primary of EU law (Articles 20/24) and the overarching jurisdiction of the CJEU (Article 33) in relation to the UPC system. And, consequently, the UK Government has briefed that it will not seek to remain a part of the UPC system (although we do not expect a formal announcement). Subject only to a radical policy rethink in the coming months (which seems highly unlikely), sadly, the UK seems to have got off the UPC bus."

It's dead, Alex. It's dead. Let go, Mr. Woolgar. Your IP Kat colleague has even left Bristows (the colleague who is responsible for most of the UPC misinformation in that blog).

Don't expect this blog to quit boosting the UPC though; as recently as this week IP Kat is still advertising for CEIPI (run by the thug, Battistelli) and the UPC (which Battistelli wanted to run). 2 days ago they wrote:

Paris: What status for the harmonization of patent law in Europe?

On 7 May, 2020, the University of Strasbourg will be holding a conference, “What status for the harmonization of patent law in Europe? Jurisprudences France - EPO: convergences and divergences”. The conference will take place at the Maison du Barreau in Paris. Check here for the conference programme and registration.


They keep pushing dead nonsense and also in the same blog post: "Premier Cercle is holding a course, to take place in Paris on June 11, 20 and 21, on how to draft AI patents. Check here for dates and registration."

They mean illegal (invalid) European software patents disguised as "HEY HI" (AI) -- a subject we'll cover separately. ⬆

Recent Techrights' Posts

100 Years of IBM Racism
GAFAM is not about "diversity" or "equity" or whatever. It's a greedy, money-making venture, even if they appoint CEOs of colour
Intercontinental Brigading - Part IX - Literature About Malignant Narcissists in America Silencing the Press
There's a price for criticising abuses
Gemini Links 28/10/2026: BaseFree Numerical System, Tolino Vision 2, and More
Links for the day
 
Links 28/10/2026: "Rest of World Faces Prospect of Shutting Down" and Robert Reich Says "Musk Wants Me Imprisoned"
Links for the day
Gemini Links 28/10/2026: Cold Outside Again and Maths
Links for the day
Intercontinental Brigading - Part XX - Restricted and Moot, or How 'Secure Boot' Turns Out to be a Disaster (Again) This Week
It already has a history of breaking/bricking servers
Racism at Microsoft
Microsoft tribalism has an element to it aside from corporate allegiance
Compelling Examiners at the European Patent Office to Fake "Growth" (in Patent Monopolies) Using Slop and Sloppy Processes
The agenda of management is likely illegal and the methods likewise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 27, 2026
IRC logs for Tuesday, October 27, 2026
The Cyber Show on Plagiarism (BS Artists) and Fear of GNU/Linux Users
Take a look at these articles
"EVENTS" as Paid Spam (Marketing) at The Register MS
Now that layoffs are "buyouts" and debt is "credit" (or "investment" in slop) why not call spam "event"?
Just Jealous
LLMs vs Developers
The Need for Operating System Kernels That Forbid LLM Slop
Not even OpenBSD is an alternative to Linux slop
Links 27/10/2026: "Why My Dad Didn’t Have a Cell Phone" and Sudan Famine Risk
Links for the day
Links 27/10/2026: Google Increases Spying on Online Everything (Personal Files, Mail), Anthropic Takes Its Losses and Debt Public
Links for the day
Intercontinental Brigading - Part XVIII - Microsoft is Not the Victim (It Was Never the Victim), It's Just DARVO
"DARVO is now in the dictionary. That’s a win for abuse survivors"
The British Economy Too Dependent on an American Slop Scheme
United States Government debt will soon eclipse 40.5 trillion dollars
We've Already Begun Work on the 20th Year of Techrights
We'll do a yearlong endeavour of improvement instead of a one-day hurrah
Intercontinental Brigading - Part XVII - The Relevance of Silent Layoffs at Microsoft
"Economic Crime and Corporate Transparency Act: strategic lawsuits against public participation (SLAPPs)"
Volunteers or Unpaid Developers Won't Bother Interacting With Mindless LLMs That Pass Labour From Lazy Companies to Human Beings
The people who run Debian are killing the will to do Free software
Slop is Killing the Open Web
The Web is a jungle and "open sites" (without restrictions or walls) are exposed to the 'feeding frenzy' of reckless plagiarists who call their "theft" something like "super intelligence" or "training"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 26, 2026
IRC logs for Monday, October 26, 2026
As Microsoft Tells Close to 30% of Its Staff to Leave IBM Takes Notes
IBM does the same with PIPs
It's Perfectly Possible That Microsoft Has Just Told Most of Its American Workers to Leave
A better news headline might focus on the US and give a figure like 50%, not "quarter"
Richard Stallman Was Right About "Hey Hi"
Now the chicken come home to roost
Gemini Links 27/10/2026: "To Change or Not To Change?" and "Initial Planner Plans"
Links for the day
Intercontinental Brigading - Part XVI - The Faustian Pact That Irritates Hired Guns is Still a Distraction From the Serious Harm Done by Their Clients to GNU/Linux Users (Notably Plagiarism and Back Doors)
We'd rather talk about the harms caused
Links 26/10/2026: Microsoft Chaffbot "Building Detailed Psychological Profiles of Its Users", Man Executed for Childhood Offenses
Links for the day
Gemini Links 26/10/2026: Writing Down Dreams and "Sabbath as Resistance"
Links for the day
The Register MS Gets Rid of Disclosures About Paid-for Spam Regarding "AI", It Also Composes Fake News for the Sponsors
Selling away its credibility is known as "Sellout"
Microsoft 'Buyouts' Sound Just Like 60,000 Layoffs of 'Expensive' or More Experienced Staff ('Soft' Layoffs or Even Worse, Negligible Severance)
This is not a "gift" to staff, it's just a pink slip with a hundred dollar bill attached to it
This is How Microsoft Ends (Over a Quarter of the Company Now on the Chopping Block)
Microsoft has quit pretending
Search Without Encryption for Legacy Systems (Permacomputing) and Full Backward Compatibility
At your own risk
Shift to the Lula (Left)
Lula is a friend of Free software and ODF
More Stories and Material Than We Can Publish
We're gaining or have amassed material faster than we manage to publish
European Patent Office Takes From the Poor to Give More to the Rich
The "pension schemes are overfunded at 120.5%"
Intercontinental Brigading - Part XV - Annualised Consequences for Opposing Microsoft Back Doors in Linux Since 2012
a roundup of what we got from GGG
Links 26/10/2026: China’s Communist Party Plenum and Aleksandar Vucic Concedes Defeat
Links for the day
In Reporting, Timing is Everything
If you keep calling people "paedophiles" when you yourself are connected to paedophiles (or are a paedophile), you're attracting a lot of unwanted attention to yourself
Links 25/10/2026: Microsoft Layoffs and Cuts, Luiz Inácio Lula da Silva Wins Election
Links for the day
Gemini Links 26/10/2026: Brazilian Politics and Leaving Bear Blog
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 25, 2026
IRC logs for Sunday, October 25, 2026