Bonum Certa Men Certa

EPO Insider on Unitary Patent (UPC): “There is No Longer a Legal Context and No One Left to Implement It and Nothing to Be Rescued.”

Summary: UPC is “dead, dead, dead” and people who still believe in it are “dotards,” says a European Patent Office (EPO) insider, dismissing illusions/delusions from Team UPC, President António Campinos, and his predecessor Benoît Battistelli who is now lurking inside CEIPI

"Various [things]," as an EPO insider put it, needed to be said. "I wouldn't comment much on the UPC," the insider told us this week, "because it's dead, dead, dead. There are a few dotards still thinking that they may rescue the whole thing. But be realistic, there is no longer a legal context and no one left to implement it and nothing to be rescued."

EPO antagonists generally collaborate, sometimes in the open (like our IRC channels). The general consensus is that yes, the UPC is generally dead (Benjamin Henrion speaks of opening a bottle of champagne this week). But that does not mean that we oughtn't refute -- if not occasionally mock -- whose who deliberately lie to us and corrupt/pollute the Web with false information (deliberate, self-serving falsehoods).

"Team UPC has become all noise, zero signal."On the same day the UK withdrew Mondaq published "The Ministerial Draft Bill Ratifying The Unified Patent Court Agreement (UPCA) – Is The UPCA Ready To Enter Into Force?" by Tilman Muller-Stoy and Rudolf Teschemacher (Bardehle Pagenberg). We already wrote about truly ridiculous and outright insane things they published earlier this year, e.g. back in April. Here they go again: "The history of the Unitary Patent and the Unified Patent Court project has been full of surprises with it taking a new course in February 2020 on account of the two hitherto existing obstacles to the successful conclusion of the project: the participation of the United Kingdom following Brexit and the ratification process in Germany being halted pending constitutional complaints against the law ratifying the Agreement on a Unified Patent Court (UPCA)."

Well, the thing this article misses is the fact that on the very same day the United Kingdom quit the UPC, de-ratifying UPCA. Even prior to it the UPC was already dead; it's dead for like a dozen different reasons (additional complaints included) and anyone who still publishes lies like the above is no better than Fox News (which we call "Faux Noise"). Team UPC has become all noise, zero signal.

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