Bonum Certa Men Certa

Almost a Month Later Lies Persist About the “Fate of the Unified Patent Court” and Software Patents It Was Supposed to Introduce/Cement

It's as if judges and even Justices don't exist to them when the outcome is considered 'inconvenient'

JWP Patent and Trademark Attorneys



Summary: Three weeks down the line in Lexology we're still seeing denials of reality itself; in addition to this, law firms are attempting to persuade companies to pursue software patents which courts would very likely throw out

WE RECENTLY completed a 20-part response to the UPC propaganda that followed the FCC's decision 24 days ago in Germany. There's an index for this response and one reader suggested collating such series to make mini-books or whatever. But these rebuttals are always "work in progress" and we did not expect the propaganda to ever stop completely. Are law firms trustworthy? Are lawyers lying for a living? Yesterday we stumbled upon a new example of it (yes, almost 3 weeks late), which contained lies and total nonsense from a law firm. "It is no secret that the headquarters of UPC in Paris, London and Munich are ready to start their case-law activity," it said.



"Imagine someone saying that Corbyn is ready to take up his duties as British Prime Minister. As of days or weeks ago, Corbyn isn't head of his party, let alone the party that's in power."Tomasz Gawliczek (JWP Patent & Trademark Attorneys) has just had it promoted/elevated to Lexology, where statements such as these will certainly be greeted by a wider audience, mostly lawyers. They keep lying to one another about what happened (while talking about the judge's wife and other such gossip).

To say that "headquarters" of UPC (odd term to use) in London "are ready to start their case-law activity" is just insane. They cannot do so legally, they lack the actual staff, they lack the authority and so on. This ignores reality! And what about Brexit? Imagine someone saying that Corbyn is ready to take up his duties as British Prime Minister. As of days or weeks ago, Corbyn isn't head of his party, let alone the party that's in power. But here go the dreamers, providing exceptionally poor legal advice in their official site and elsewhere:

The entry into force of the Unified Patent Court requires ratification of the UPCA by at least thirteen EU Member States, including three in which the highest number of European patents is validated, i.e. designated as territories of target protection. Until now, those countries were France, Germany, and the United Kingdom. France was the first to ratify UPCA, followed by the United Kingdom. As soon as the creation of a unitary patent court appeared to be possible in the near future, Brexit became a reality. Legally, the UK, if it so wished, could remain a member of the UPC system even outside the EU. Such a solution could be deemed feasible, as suggested by Alexander Ramsey, the Chairman of the UPC International Preparatory Committee in the 2019 interview. The problem is that the UK, after leaving the Union, does not want to recognize the jurisdiction of the European Court of Justice at all. This condition is however required to some extent in order to participate in the UPC.

In the light of problems resulted from Brexit, those interested in establishing the UPC are now closely observing the German Constitutional Court in Karlsruhe. As announced at the beginning of 2020 (more than three years later), this court is expected to consider a constitutional complaint seeking to determine whether the UPCA complies with the German Basic Law. During the ongoing negotiations and preparations, it has been long speculated that the German Court is waiting for the final resolution of the Brexit issue – a claim that was strongly denied by one of its judges, Justice Huber, just last year. However, if Germany withdraws from the UPC project without taking responsibility for its finalization, the unified patent court will undoubtedly remain just a project.

It is no secret that the headquarters of UPC in Paris, London and Munich are ready to start their case-law activity. If London withdraws from the project, it is unofficially assumed that Milan may take its place. After nearly 50 years, it seems that the time has come for the UPC to come into being. Europe is once again waiting in anticipation together with a large number of patent holders.


What anticipation? Whose anticipation? Lawyers like the author of this? And what "patent holders"? Large pharmaceutical companies? The law firms that work to get them lots of patents? The UPC isn't wanted or desired by inventors. It's a lie. UPCA wasn't even drafted for them at any point.

"So here we are still having to respond to rather basic and easily-debunked falsehoods."We knew the UPC lies would likely persist for a while, but it has now been nearly a month since the decision and Coronavirus lock-downs have not put the cork on these mouths. So here we are still having to respond to rather basic and easily-debunked falsehoods.

Yesterday we also noticed Andrew McGettrick (HGF Ltd) advocating software patents in Europe and more specifically in the UK, which does not allow them (it has its own laws). These law firms are pursuing illegal means by misusing buzzwords ("AI" and "Computer-Implemented" in the headline!) that the corrupt European Patent Office (EPO) management openly and blatantly recommends as means for breaking the laws associated with patents (EPC). Here's a portion:

With recent advances in computer technology, AI and ML are increasingly being used in products and services for the healthcare industry, such as in breast cancer screening, stroke detection and patient monitoring, and to assist in the creation of new drugs and antibiotics. Statistics from the World Intellectual Property Organisation also show increasing numbers of AI related patent applications being filed in the Life and Medical Sciences sector. It is, therefore, important to understand what types of invention can be protected in this area and why.

[...]

In another interesting development, we have now seen written decisions issued by the European Patent Office on some landmark cases relating to AI. In 2018, two European patent applications were filed by Stephen L. Thaler declaring an AI entity DABUS as the sole inventor. The European Patent Office objected to this, and a hearing was held with the applicant. A decision was issued in November 2019, with the full written rationale following in January 2020.

In short, the EPO decided that an AI entity could not be named as an inventor, and so the applications were refused on the basis that no valid declarations of inventorship were filed. The rationale of the European Patent Office was that inventors needed to be natural persons. In addition, DABUS was neither a natural nor legal person and so could not hold property. Therefore, there could be no transfer of ownership of the invention from DABUS to the applicant.

Thus, for now at least, it appears to be impermissible for an AI entity to be named as an inventor on a European Patent application. It remains to be seen, however, whether more widespread inventing by AI entities could lead to a change of law in the future.


Notice how the piece conflates two different things; one aspect is patents on "statistics" (maths) and another is the question about algorithms being listed/classified as inventors. If one looks at the actual headline, the sole purpose of this piece is to advocate software patents and the rest is unrelated waffle. This too has become rather common as they piggyback hype wave and vague concepts rather than actual substance or matters of law, science, etc.

"This too has become rather common as they piggyback hype wave and vague concepts rather than actual substance or matters of law, science, etc."We never truly expected UPC advocates to stop lying. UPC has long been a Trojan horse for software patents (which 'ordinary' European patents courts consistently reject, citing the EPC), so we more or less expect EPO and its allies (CIPA et al) to carry on pushing this "buzzwords agenda" championed primarily by the two stooges with no background in science but extensive background in lying (politics). Heck, even the US has become more strict on these matters, especially because of 35 U.S.C. €§ 101.

Recent Techrights' Posts

GNU/Linux in Laptops/Desktops Still Matters, It's Likely the Only Way to Achieve Software Freedom
Software Freedom requires all sorts of things at the "OS level"
Madame Streisand Wanted to Censor The Web, Instead She 'Created' a New Term, "Streisand Effect"
It is basically an own goal
Defending Women Isn't a Crime, Everybody Can Agree on That
Their culture is unlike ours
EPO "Cocaine Communication Manager" - Part VI - Influx of Spaniards and Portuguese Workers (+77%) at Europe's Second-Largest Institution, Led by the 'Alicante Mafia'
There is now data supporting this assertion, new and complete data in fact
Nobody is Safe at IBM (or Red Hat)
There is no job security at IBM
Bad faith: Hugo Roy knew FSFE impersonating FSF before French tribunal, colleagues deceived
Reprinted with permission from Daniel Pocock
 
Microsofters' SLAPP Censorship - Part 2 Out of 200: Detailed Timeline From 2012 (Attack on Reporters That Question Restricted Boot) to 2024 (Lawsuit Against Reporter and His Wife in Another Continent)
we reproduce a document produced 2 years ago to give people more context and more facts
Links 04/03/2026: "The EU moves to kill infinite scrolling" and a call to "Nationalize Amazon"
Links for the day
Coming Soon: Evidence of Abuse in Our IRC Network
IRC's freedom can sometimes be its 'weakness' if not properly guarded
High GNU/Linux Adoption in Brunei Darussalam
It's worth noting (or at least noticing) that Microsoft loses ground in some of the countries where the government contracts paid the most
Media Blackout Reducing or Preventing Press Coverage of Microsoft Layoffs in 2026
Worse yet, there will be gaslighting and deceit
Gemini Links 04/03/2026: The Garnet Star, The Hunt, The SYN Attacks
Links for the day
The EPO's General Consultative Committee (GCC) Discussion Illuminates How Much Worse Things Have Gotten ("on Strike and Participated in the 'Meeting'")
a videoconference - not a physical meeting - discussed EPO policies
Free Software Foundation Supports Its Founder, Advertises His Talks in Switzerland
When you suppress voices, assuming the reasons for suppression are bunk, it is always bound to backfire very badly
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 03, 2026
IRC logs for Tuesday, March 03, 2026
Over 1,500 EPO Workers Went on Strike Last Week
a new publication which celebrates some accomplishments of industrial actions and calls for further actions
Solicitors Regulation Authority (SRA) Failed to Detect Fraud in Law Firms... Until It Was Too Late
Earlier today we contacted some more politicians about this and received mail from them as well
Our EPO and IBM Coverage Bears Fruit
In case insiders want to get in touch with us, please ensure or at least try doing so securely
Links 03/03/2026: "Scam Altman in Damage Control" and Oil Traffic Disrupted
Links for the day
Gemini Links 03/03/2026: Phones, LLMs, and Changes on the Web
Links for the day
Richard Stallman Confirms Talk in Bern Next Week
Dr. Stallman has just formally confirmed his third talk this month in Switzerland
GNU/Linux at All-Time High in Guam
there are many computers in that island
Microsofters' SLAPP Censorship - Part 1 Out of 200: Claim No. KB-2024-001270 in a Nutshell
abuse of process by a law firm working for an American who was arrested for strangling women and another American whose own spouse calls a "rapist"
When EPO Team Managers (TMs) Are Harassing People Who Strictly Apply the European Patent Convention (EPC) in Patent Examination
There are two strikes planned for this month
Confirmed: Using Slop Gets You Fired
Let the story of Benj Edwards be a cautionary tale
Links 03/03/2026: "No one wants to read your AI slop" and "chatbots in the kill chain"
Links for the day
EPO and "Equivalent to More Than 100 Days of Strike"
The industrial actions continue and already have a positive effect
Streisand Effect, the Microsoft Way
Microsoft has once again proven the Streisand Effect
Keeping Track of IBM Layoffs in March 2026
IBM depends on bribery
GNU/Linux Measured at 7% in Yemen
Windows is too hostile and dangerous
Links 03/03/2026: Security Breaches, Iceland Wants EU Membership, and "Wall Street–Backed Lawmakers Want to Help Banks Gouge You"
Links for the day
Queensland Health Payroll System: IBM billion-dollar-blowout inquiry
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 02, 2026
IRC logs for Monday, March 02, 2026
Gemini Links 03/03/2026: GrapheneOS and Keyboard Shortcuts
Links for the day
Tomorrow should be sunny (at long last!) and a generally productive dayProductive Week Ahead
Tomorrow should be sunny (at long last!) and a generally productive day
Only One Slopfarm Seems to Have Targeted "Linux" Today
It certainly does feel like the slop hype is reaching the "late life crisis" and companies that benefited from this bubble are overdue for a day of reckoning
Microsoft Mass Layoffs: Being Sacked at 1AM in the Morning
Watch what happens to Microsoft employees who get pregnant
Links 02/03/2026: More Social Control Media Bans, Climate Change Woes, and "Journalist With Germany's Deutsche Welle Arrested in Turkey"
Links for the day
Gemini Links 02/03/2026: Small Phones, "I 3D Printed My Brain", and "Managing 5 Servers at Once with tmux"
Links for the day
IBM is Trying to Hide Mass Layoffs, Not Only With NDAs and 'Scripted' LinkedIn Posts
From what we can gather (screenshot above), today many people leave IBM and Red Hat
Richard Stallman is Giving a Public Talk This Week (Friday in Lucerne School of Computer Science and Information Technology)
His birthday is just around the corner.
Windows Falls to New Low in World's Largest Population (India)
Windows is now down to 7%
Never Miss a Good Opportunity to Shut Up and Drink Coffee
Threats come at a cost; each time you issue a threat you stigmatise yourself as a bully
Last Month Matthew Garrett Said Ridiculous Things After His Spouse Had Called Him a "Rapist", Now He's Trying to Take the Site Offline and Put My Family in Prison
The real issue of concern to him (and his alleged reputation) is the spouse and the matter is to be dealt with in America, not the UK
Machine-Generated Legal Documents, Over 2,000 Pages Sent to Us Today Alone
We now know that the papers we receive are produced using bots (algorithms)
Reporting to Our Politicians/MPs the Failure of the SRA to Stop Hired Guns Who Help Americans (Men Who Attack Women and Nowadays Also Attack British Reporters)
About a month ago my wife wrote to politicians to get the ball rolling
The Topic Many People Don't Want to Talk or Write About
"DEI" is inherently about making racial and gender patterns better reflect society's
XBox is Virtually Dead Already, What Next Will Die at Microsoft?
Now that there are mass layoffs at Microsoft datacentres it is not premature to speculate about what dies after XBox
For the First Time, statCounter Measures Internet Explorer at 0.01% "Market Share"
What Microsoft replaced it with is just a Chrome clone with extra spyware
Was a Lot of "Windows" and "Unknown" in Iran Just GNU/Linux in Disguise?
more than 1 in 10 desktop/laptop requests is estimated to be GNU/Linux
"Here in the UK, GNU/Linux rose to all-time high at Windows' expense"
Will this entail Software Freedom as well? This depends on all of us
Links 02/03/2026: Claude Code Causes a Mexican Government Cyberattack, "London Repair Week" Noted
Links for the day
2026 Microsoft Mass Layoffs in So-called 'AI' Datacentres, Why Doesn't the Mainstream Media Cover The News?
What does this tell us about the state of the media?
Don't Fall for "Top X Law Firms" in "Discipline Y", They Pay $Z to Get False Endorsement/s
It's a scheme, a scam, an elaborate fraud
More Publishers Have Turned From Slop Boosters Into Slop Sceptics and Critics
There's a "hidden cost" when one participates (for profit) in "pump and dump" schemes
TeX Live Has New Release, But Planet Debian Won't Tell You That
It 'unpersoned' the developer
LLM Slop Does Not Know People (It Knows Nothing) and Cannot Distinguish Between People. It's a Recipe for Disaster.
no way of knowing who's who
"Over 1,100 Law Firms Gone in Five Years" in the United Kingdom (UK) Alone
There are basically way too many lawyers (looking for "business", e.g. threats and lawfare) and not enough positions to fill
Microsoft FUD From Microsoft Site Helps Distract From Actual Microsoft Back Doors
Published on a Sunday
Free Software Foundation Needs to Become More Active in Europe to Avoid Impersonation by Microsoft-Sponsored Groups
So far we've hardly seen the FSF saying anything at all about the US president
Links 02/03/2026: "Not Envious of Billionaires" and Palantir SLAPPs "Swiss Magazine For Accurately Reporting That The Swiss Government Didn't Want Palantir"
Links for the day
There Has Never Been a Better Time to Quit Social Control Media
Those networks are selling something. And that something is not peace because peace does not sell "attention".
Microsoft Users Drowning in Slop, If They Complain Microsoft Censors Them
Like an authoritarian regime
IBM is Killing Red Hat's Portfolio - Including Linux - to Prop Up Ponzi Scheme ("AI")
IBM is killing Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 01, 2026
IRC logs for Sunday, March 01, 2026
Speed of Sites Matters
Being easily accessible all the time matters to us
Gemini Links 02/03/2026: Weird Phone Calls, Small Phones, and Exploring Racket
Links for the day
Dr. Andy Farnell on "Good Tech"
in the age of "rent everything" and "own nothing"