Bonum Certa Men Certa

Further Complications Ahead for Team UPC as Unitary Patent-Type Plans Become Untenable and Complaints Pile Up

Even potential successors of UPCA (fallbacks and alternatives, new lipstick on a pig) would never fly

Concealer



Summary: The European Commission is asked about the UPC's demise and Bristows carries on with the lies and ridiculous spin (after nearly two months of silence)

THE European Patent Office (EPO) has not mentioned the UPC since March (when the Benoît Battistelli-chosen President António Campinos made some ridiculous statement about the FCC's historic decision). Is Battistelli still alive? And out of prison? The people whom he used to break laws are in prison, but miraculously enough this thug is in a law school (the very top of it; a law school run by a criminal!), presumably waiting for UPC, which this school still promotes.



"Don't fall for optimistic lying by Team UPC."In any event, the UPC is dead and future attempts at it seem dead in the water, too. Don't fall for optimistic lying by Team UPC. "Parliamentary question on Unitary Patent Court and Germany," Benjamin Henrion noted today, soon quoting his older press release that said: "the Member States no longer have the right, acting individually or even collectively, to undertake obligations with third countries which affect those rules or alter their scope."

Patrick Breyer's question to the Commission said this:

Parliamentary questions

Question for written answer

to the Commission Rule 138 Patrick Breyer

Subject: The future of the Unified Patent Court (UPC)

The Agreement on the Unified Patent Court (UPCA) has been ratified by 15 Member States and the United Kingdom, but will not come into force until it has been ratified by Germany. According to EU case law (Court of Justice of the European Union Case 22/70), Member States must not enter into agreements with third countries that affect EU rules or alter their scope. The UK is now considered a ‘third country’ under Article 216 of the Treaty on the Functioning of the European Union. While the EU may jointly assume obligations with the UK with respect to patent litigation, Member States no longer have a right to do so.

1. Can the Commission confirm that Germany no longer has the right to ratify the UPCA?

2. Is the Commission going to advise the German Government not to ratify the UPCA as it stands?

3. If Germany ratified the UPCA in its existing form, would the Commission launch an infringement procedure against it?


Each of these questions presents an issue for the UPC.

"Note how Bristows continues to mock the UPC complaint/complainant, reaffirming that same old Bristows bitterness over the collapse of the UPC."Team UPC is well aware of it, but it just doesn't mention that. There's a new spin pattern. It's related to future or follow-up complaints.

But as noted only hours ago by Gregory Bacon of Bristows, there are more complaints on the way, shall they become necessary (at the moment the UPC is mostly drowned, likely for good). Note how Bristows continues to mock the UPC complaint/complainant, reaffirming that same old Bristows bitterness over the collapse of the UPC. No wonder staff fled the firm, seeing what a sham it is. We once heard that these people had spread rumours about the complaint being tied to Russia or something (classic Red Scare). They also tried to associate it with the far right in Germany (AfD). Here's the part about "a further constitutional complaint [which] may be filed":

It has been reported that the complainant has indicated that a further constitutional complaint may be filed, saying: “The court did not even rule on the substantive complaints and even hinted at further constitutional deficits of the agreement. It remains to be seen what conclusions the federal government will draw from this decision. If, despite these problems, the German government continues to adhere to the Convention, a new constitutional review by the Constitutional Court will have to be considered, possibly of a complaint from a company.”

The potential grounds for a further complaint are not immediately clear. Even if some of the inadmissible arguments were able to be overcome by the complainant being a company rather than an individual (as the complainant’s remarks suggest), the Senate’s comments (above) on the UPC Agreement’s compliance with the Basic Law do not indicate any obvious problem in that respect. However, the Senate did state (paragraphs 141 and 166) that it did not decide (as it was not necessary) whether the UPC Agreement’s provisions that establish the primacy of EU law violate the Basic Law.

If a new complaint was filed before the UPC system started, this could of course, even if unsuccessful, delay the start.


It would "delay the start"?

Start of what?

"This whole thing is a cautionary tale about how precarious democracy is in Europe."Are you still living in fantasy land?

The article repeats the lie which we mentioned the other day. They try to make the UPC's collapse seems like merely a procedural fluke.

These liars need to be confronted and corrected, not ignored. For years they've lied, cheated and even advertised job openings for jobs that did not exist and would not exist. They also floated fabricated rumours as part of their lobbying push. We may soon work on a book chapter about all that deception and the UPC's collapse (for scholarly publication). This whole thing is a cautionary tale about how precarious democracy is in Europe.

Recent Techrights' Posts

Slopwatch: Brian Fagioli, Google News, and Other LLM Slopfarms
Why does Google News keep promoting these fake articles?
Links 29/10/2025: Amazon Kept "Data Center Water Use Secret", "Abuse of Power" Against Media
Links for the day
Gemini Links 29/10/2025: "My Hardware Specs" and "Goodbye Debian…"
Links for the day
EPO Cocainegate: Feedback and Clarifications
Part III will come out soon
Links 29/10/2025: "US Military Is Destroying the Planet Beyond Imagination" and Boat Strikes Deemed Unlawful
Links for the day
Quality Comes First (Techrights Search)
It's generally working already, but we wish to polish it some more
Techrights Party Countdown
Late next week we'll be holding a party near our home
European Parliament and Council Directive on Privacy is Vanishing
"edited / censored some time more recently"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 28, 2025
IRC logs for Tuesday, October 28, 2025
Slopwatch: The March of Slopfarms, From UbuntuPIT to Linux Journal and to Various Fake Sites Still Promoted by Google News
It's so worrying to see what the Web has become
Links 29/10/2025: CISA, Ukraine, and Amazon Problems
Links for the day
[Teaser] The EPO's Spokesperson, a Cocaine User, Fancies Young Women
How's that for "optics" in the EU and Europe's second-largest institution?
How Will António Campinos Respond to the EPO's 'Cocainegate'?
That's the same thing we saw and still see when the press deals with enablers and partners of Jeffrey Epstein
Join Us Now and Share the News - Part IV: There Cannot be Free Software Without Free Press and Free Information
One day, one can hope, more people will recognise that for Software Freedom we need free press and free thinkers
Join Us Now and Share the News - Part III: Principled Stance Is Never Cheap
Protecting the truth and insisting that the general public is made aware of things that really happened isn't cheap
Join Us Now and Share the News - Part II: Because Scarcity of Accurate Information Breeds Collective Ignorance
we too will strive to share information that's aggressively suppressed
Gemini Links 28/10/2025: More New Arrivals at Geminispace, xkcd on "Document Forgery"
Links for the day
Join Us Now and Share the News - Part I: Defence of the Truth
This year we make a very strong, firm statement for truth, even if that means explaining our work to the top media judge in the country
Links 28/10/2025: Meta and Fentanylware (CheeTok) Age-Restricted Down Under, "Britain Needs China’s Money"
Links for the day
Links 28/10/2025: Mass Layoffs at Amazon and Charter to Cut 1,200 Jobs
Links for the day
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Parties and Milestones Again
we've begun putting up about 40 balloons
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete