Bonum Certa Men Certa

"Patent Judges Want the Last Word Over Patent Law in Europe"

ಠ_ಠ

Bardehle Pagenberg



Summary: Lawyers hijack people's laws (for their own financial benefit) and the FFII issues an announcement of sorts

THE PATENTS 'industry' is one of patent lawyers and elevated lawyers (aka judges), who are extracting a lot of money from a real industry, essentially raising the prices of everything to justify their own parasitical existence. "Patent judges wants [sic] the last word over patent law in Europe," writes the president of the FFII, "afraid of "unspecialized" European Court of Justice" (in IRC he told us that "patent judges wants EU monopoly over patent law").



Here is the Microsoft Word document that shows this. We pulled the text out of this binary enclosure that requires Microsoft code/patents:



Bardehle Pagenberg Prinzregentenplatz 7 D-81675 München Tel: +49 89 92 80 50 Fax: +49 89 92 80 5444 pagenberg@bardehle.de 29 October 2011

Unitary Patent and Unified Patent Court

Introduction The European Patent Lawyers Association (EPLAW), comprising lawyers with many years of experience in European patent litigation, has been following closely the preparatory work for and the legal discussions regarding the creation of a European patent court system. In cooperation with the EPO Academy EPLAW has been organizing since 2005 the Venice Judges Forum, and several of its board members who are also members of the EU Commission’s Group of Experts have participated in shaping the texts of the relevant international documents. EPLAW members represent both large multinational corporations in all fields of technology as well as SMEs with very small patent portfolios.

As a result of discussions on the Draft Agreement on a United Patent Court and the Regulation on a Unitary Patent at the 7th Venice Judges Forum on October 29, 2011 which was also attended by the representatives of the Polish Presidency and the EU Commission EPLAW has concluded as follows.

Regulation on Unitary Patent Arts 6 - 8

EPLAW had requested in its Resolution of 27 September 2011 urgent amendments of the Agreement on a United Patent Court and the Unitary Patent respectively which has been explained and discussed in Venice in detail. Judges and litigators all agreed that what in EPLAW's Resolution under par. II.f) had been described as the most serious drafting error, namely including Arts. 6 - 8 of the Regulation into the text of the Regulation on the Unitary Patent, must be corrected.

Supported by a legal opinion of Prof. Krasser, one of the most prestigious German scholars of patent law, EPLAW referred to the extremely negative consequences of the insertion of Art. 6 to 8 in the Regulation for the users which Prof. Krasser has explained in detail. The EPLAW Board has confirmed in Venice that its members fully approve also Prof. Krasser’s interpretation of Art. 118 TFEU. The following citations and key conclusions from the Opinion highlight the arguments which the judges and attorneys who are members of the Commission's Expert Group had unanimously concluded already in their first discussion on this question in April of this year in Brussels.

3. The minimum requirement for the application of the authorisation is, according to Art. 118 (1) TFEU, merely that an intellectual property right is created by Union law. This itself achieves the necessary minimum harmonisation at least if the subject matter and core effect of the right in question is established identically in the law of the (participating) Member States….

..For this reason, the proposed Regulation can be restricted to creating the basis for the grant of unitary patents for the participating Member States….

..It is sufficient for the uniform protection required by Art. 118 (1) TFEU and the "same effect" of Art. 3 (2) of the proposed Regulation that the aforesaid core effect is unitary..

5. To date, it is undisputed that Art. 118 (1) TFEU, in the event that a unitary patent under Union law is created, does not require the preconditions for the grant to be regulated under Union law. On the contrary, the provisions of the EPC will continue to apply, and the EPC is not part of Union law...

..It would be logical to word the Regulation ... in such a way that questions of the content and limits on the effect of such patents cannot give rise to a submission to the Court of Justice.

EPLAW is of the opinion that even if there may be legal reasons why one could come to the conclusion that including rules of substantive patent law into the Regulation, such rules are not required. Their rejection by the great majority of member states and practically all users results from the promise by the Commission and the Council that only judges with the highest qualification and experience in patent law should deal with patent litigation between private parties, so that an involvement of the ECJ beyond the EU legal order as it exists today should be avoided, otherwise the entire project could be endangered. Users request an efficient and predictable procedure before highly experienced judges which they would not get in proceedings which would include referrals on substantive law to the ECJ.



The bottom line is, the legal system in Europe does not serve its citizens. It seems to be serving either the patent lawyers or the multinationals whom they make money from (to distort the competition). Klaus-Heiner Lehne is a good example of that.

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 188 Out of 200: Used, Then Discarded, by Microsoft (as We Predicted All Along, It's Always Like That)
The longer they carry on with it, the more scandalous this will get
43rd Anniversary of the GNU Project Announcement
Coming soon
SLAPP Censorship - Part 187 Out of 200: Reminding Ourselves of the Great Damage Garrett Did to Linux (for Microsoft)
he rejects freedom
 
Iran Has Debunked GAFAM and Cloud Computing as Safety of Data
Cloud of smoke?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 17, 2026
IRC logs for Thursday, September 17, 2026
Linux Kernel Becoming a Slopfest - Part 3 - Besieged by LLM Bots, Now Hiding Behind a Wall of JavaScript
The series began 3 days ago
Gemini Links 18/09/2026: Modern Linguistic, Boxing, Turning 40, and Solar MiniServer
Links for the day
Links 17/09/2026: Studio Closures and Negative Rumours About Microsoft XBox Again
Links for the day
What's Wrong with Microsoft's GitHub, New Article by Jacob Bachmeyer and Richard Stallman
licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License
EBay is Going to Die Soon
Users will flee
Red Hat PIPs. The Only Question is, How Many?
Insiders know what's coming soon
This Week The Register MS Published a Page With "AI" 34 Times in It and It Was, as Usual, Paid SPAM!
Does The Register MS understand that it is doing harm to its audience (for temporary gains)?
General Assembly (Meeting of All Staff) Starts in Hour Ago to Discuss Strikes at Europe's Second-Largest Institution (EPO), Strikes to Last Until End of 2026 (If Not Further)
The media absolutely does not cover this and that's intentional
Cancel Culture is a Cancer That Harms Democracy, Justice, and Science. It's Designed to Help Corporations Vanish Their Critics.
"Codes of Conduct" sounds benign; in practice, however, it is not
Links 17/09/2026: Class Action Lawsuit Over GAFAM's "NameTag" and Automattic Hides What It Did to CEO Mullenweg (or Why)
Links for the day
Gemini Links 17/09/2026: Google Signals the End, ROOPHLOCH Coverage, EBay Uses Offensive Bots to Falsely Accuse Users of Stuff
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 16, 2026
IRC logs for Wednesday, September 16, 2026
IBM's Anderon Another Opportunity for Debt-Loading, Publicity Stunts, Maybe Hidden Layoffs
Anderon is like Theranos
In Praise of 7 Years of Alex Oliva in the FSF, Not IBM
Thank you, Mr. Oliva, for 7 years of uncompressing advocacy and perseverance
SLAPP Censorship - Part 186 Out of 200: Love (Always Commands)
This coming Friday we celebrate our wedding anniversary
With Half of September Finished Clownflare Radar Sees GNU/Linux at 7% "Market Share"
On desktops/laptops
Linux Kernel Becoming a Slopfest - Part 2 - Bribes From Slop Pushers Divide Us
Money can and does divide people
Gemini Links 16/09/2026: Cards, Nature, and Conspiracy Theorists
Links for the day
Links 16/09/2026: Proprietary Chatbots Company Lets Humans Moderate Chatbots, "Putin Looking to See How Far he Can Push NATO"
Links for the day
The Only Still-Supported Version of Windows Breaks Itself (Again), the Microsoft Layoffs Will Carry on in Secret
In the US they marked about 7% for removal just this past summer
Wikileaks Turns 20 Just 18 Days From Now
it's fair to say they've endured online, but aren't lively/active
The Cyber Show Debunks the Alleged Intelligence in Slop
It's shorter than usual
Expecting Failure
Some things would not happen to technology (tech) experts because they know how things work and what to expect (or watch out for)
Links 16/09/2026: US Running Low/Out of Some Ammo Due to Wars, Slop Bots "Are Using an Outrageous Amount of Electricity"
Links for the day
"AI Slowdown" is Code Word for Bubble Imploding (Trying to Make This Slowdown Seem Wilful, an Act of Safety and Responsibility)
They help one another by inflating the bubble and making false excuses when expansion stalls
SLAPP Censorship - Part 185 Out of 200: What Reputation?
Helping monopolies and working for monopolies never made anybody popular
Gemini Links 16/09/2026: Slovenia, Catastrophe Ethics, and ROOPHLOCH 2026
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 15, 2026
IRC logs for Tuesday, September 15, 2026