Bonum Certa Men Certa

Even Overzealous Patent Maximalists Nowadays Admit That Time is Running Out for the Unitary Patent (UPC)



"Who's next?" ~Insider tweet

EPO death angel



Summary: The UPC is next to 'die' (after ILO-AT, EPC, AMBA, SUEPO and examiners' careers), being a casualty of very serious EPO abuses that impact a lot of people, including journalists whom the EPO kept threatening, never mind the growing danger of being sued using wrongly-granted European Patents

THE silence surrounding UPC is almost deafening. Bristows remained quiet for a very, very long time (like never before) and Team UPC in general isn't even bringing up the subject anymore. To the EPO the subject virtually does not exist; António Campinos mentioned it once (a couple of days after joining the Office), but nothing has been uttered since. SUEPO hasn't mentioned the words/terms for a number of months. We watch the relevant terms closely (monitoring the news) and it's like a ghost town. UPC is almost never mentioned, not even inside the bodies of articles. Yesterday was a rare exception because very vocal boosters of software patents (we wrote about them about a dozen times before and recently they were rather strident about their biases) wrote about "The Unified Patent Court and the Unitary Patent". Shelston IP's Serena White and Charles Tansey now say that "time is running out" for the UPC (that's their headline) and, in their words, "[a]lthough many [Team UPC and the litigation 'industry'] expect the challenge to fail, if it is successful, the UPC will certainly be in troubled waters because Article 89 of the Agreement requires ratification by the three EU member states with the largest number of patents in force. Although this criterion does not mention any states by name, in practical terms it requires Germany’s ratification because Germany is the EU member state with the largest number of patents. Amendment of the legislation would be required in order circumvent this problem, but the question is whether the appetite to continue with the UPC without Germany would still exist."

Here are their concluding words (before the final paragraph that is just shameless self-promotion):

With still no decision on whether or not a legal challenge at the German Constitutional Court is admissible, it is becoming increasingly uncertain if the new legislation for the Unified Patent Court (UPC) and the unitary patent will come into force before the UK’s departure from the EU. This article briefly outlines what the unitary patent and Unified Patent Court are, summarises the current issues and explains the significance of the timing of German ratification in the context of “Brexit day”.


That does not perpetuate the two famous lies often repeated by Team UPC in the UK. What's noteworthy about it is that it's a rare admission from patent zealots that UPC does not have a future. The three Frenchmen below may never fulfill their dream of making European Patents (of rapidly-declining quality) an "EU" thing, no matter how hard they try to perturb constitutions and irrespective of Brexit referendum outcomes. I personally do not believe that Brexit will ever happen, but even if it falls through, the UPC will still be doomed as that may take years of further bickering.

The three Frenchmen

Recent Techrights' Posts

The Media Finally Admits (on a Regular Basis) That LLMs Suck
They could not replace medical doctors, teachers, lawyers etc.
After Softpedia Pushed Out Its Linux News Editor - and Effectively Killed the Linux Section - it Killed the Whole News Section (Altogether)
So they've killed Linux coverage, then their whole "news" section died
 
Guardian Digital, Inc (linuxsecurity.com) Leveraging Microsoft Chatbots to SPAM for Microsoft (Googlebombing "Linux")?
Welcome to the Web in 2024. Search for "Linux" news, get Windows garbage.
Smallest Number of New Debian Developers in More Than 2 Years
Maybe Debian should recognise there's a problem instead of trying to censor - at humongous expense - those who speak about the problem
Slashdot's "Linux" Section is Reposting Press Releases for Red Hat
Is this being paid for?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 01, 2024
IRC logs for Saturday, June 01, 2024
Links 01/06/2024: Microsoft Chaffbot Broken Out of Control
Links for the day
Why We're Taking Things Up a Notch
Expect about 20 articles a day this year
Sites That Cover WSL Are Helping Microsoft's Attack on GNU/Linux
Calling out the typical culprits
Plans for June
We'll try to publish Daily Links every time we have enough of these
The War on Free Software Reporters - Part III - Doxing and LARPing
LARPing is an issue I've had to deal with for nearly 20 years
Links 01/06/2024: Ukraine Updates, MongoDB Collapses
Links for the day
Gemini Links 01/06/2024: MNT Pocket Reform, Gemini and Content Length
Links for the day
Links 01/06/2024: WeblogPoMo2024, Pentagon’s Increasing Reliance on (i.e. Bailouts to) Microsoft
Links for the day
Twitter is (in Many Ways) Already Dead
Put an 'X' on it
Posts About Free Software, BSD, and GNU/Linux
Focus shifts have occasionally been discussed here over the years
Their Goal is Control, Not Security (and Their Staff Advocates Fake Security or Pricey Gimmicks That Disempower the Users)
Those companies just want control, or simply domination over users (and their computers)
[Meme] The Lowest Standards of Security
No need for any qualifications
IRC Proceedings: Friday, May 31, 2024
IRC logs for Friday, May 31, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Cybersecurity is a structural not behavioural problem.
Reprinted with permission from Cyber|Show
Free Software is the Future, Open Source is Just Openwashing (Proprietary With a False Marketing Twist)
Also see postopen.org
Society Has Been Destabilised by Social Control Networks
Is it time to get rid of them, if not by sanctions/bans then simply by popular boycotts?
Gemini Turns 5 This Month
As long as Geminispace exists and is accessed by enough people, Gemini Protocol will continue to matter
Links 01/06/2024: More Crackdowns in Hong Kong, Street Named After Navalny
Links for the day
The War on Free Software Reporters - Part II - Antisocial Mobs
how various GNU/Linux bloggers got "canceled" over the years
Microsoft's Share of Physical Web Servers Fell From 9.14% to 9.04% in One Month
What's interesting to us is how Microsoft continues moving down in everything measured
Links 31/05/2024: Escalations in Ukraine and Russia, National Reporter's Shield Law in US
Links for the day
Links 31/05/2024: Generating and Using Identifiers, Why Unicode
Links for the day
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: In Summary
Some high-profile examples of defamation include Linus Torvalds, Richard Stallman...
[Meme] Never "Missing Out" in FOSS Conferences
The sexists who objectify women and bully women are going to FOSS events in pursuit of sex, according to themselves
Racism, Ageism, and Ableism at IBM/Red Hat and Kyndryl
IBM's Kyndryl is now accused of "racial, age, disability discrimination"
The War on Free Software Reporters - Part I - Why Techrights Cannot be Censored (and Won't be Censored)
Microsoft remains by far the biggest culprit
In Spite of Boot-locking (Trying to Make It Hard If Not Impossible to Install BSDs and GNU/Linux on New PCs) Microsoft's Grip is Rapidly Slipping
Escaping the Microsoft prison
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 30, 2024
IRC logs for Thursday, May 30, 2024
Microsoft's Problem in Puerto Rico
Notice how much Windows has fallen
Gemini Links 31/05/2024: MNT Pocket Reform and Benben v0.5.0
Links for the day
"I once preached peaceful coexistence with Windows. You may laugh at my expense -- I deserve it." -Be's CEO Jean-Louis Gassée
Execution of Red Hat: But I helped promote Azure and .NET
In Many Countries Vista 11's Market Share Goes Down, Not Up (Even Microsoft-Funded Mainstream Media Admits This)
More people are moving to GNU/Linux