Bonum Certa Men Certa

Management of the European Patent Office (EPO) is Gloating That the German Authorities Protect the EPO Even When Laws and Constitutions Are Broken

Summary: Using stock photography that gives a false impression of lawfulness, the EPO gloats about Bundesverfassungsgericht (Germany's Federal Constitutional Court) refusing to even hold the EPO accountable!

AS we noted here some weeks ago, the German Constitutional Court was intentionally not ruling on complaints regarding the EPO, quite likely for political/corporate reasons. We've already seen under both Benoît Battistelli and António Campinos that the German government protects EPO management no matter how many crimes it commits. 4 years ago there was also concern about Stephan Harbarth, who demonstrated commercial and political interference inside the German Constitutional Court. Here's what the EPO rushed to publish some days ago. It was very, very short. It said:



The German Federal Constitutional Court has published a decision today confirming that the EPO’s appeal system provides independent and effective judicial relief, as required by the German constitution for courts of international organisations.


This is a lie. It did not rule. It made an excuse to dismiss the complaint. Carefully constructed lies and misleading statements from the EPO... is that patented yet?

"The German government harbours one heck of a "patent mafia" at this point."Anyway, this shows that Germany's constitutional court, the FCC, isn't functioning either. It's captured by corporate interests. Just shills in robes?

As one German explained in our IRC channel this morning: "the mine that Luetzerath is being demolished for, also expanded over another village 30 years ago and that one was demolished because the German government bows to corporate interests."

Looking elsewhere in the "news" page of the EPO, there are other types of propaganda so far this year. Here's the gist as an annotated screenshot:

Appeal to age, Appeal to captured government, misleading statement too, Science-washing/greenwashwashing, appeal to science but it's monopoly; pretending that prosecution in country without European Patents is progress

EPO workers can hopefully relate to the stupidity of those statements. This is the poor management of the EPO showing the best it has got. Yes, Peru. Nothing wrong with Peru per se, but to the EPO it is irrelevant.

Incidentally, the decision from the FCC was mentioned (before and after) in the comments SUEPO links to at the top of the page, SUEPO.org. To quote:

Concerned observer JANUARY 10, 2023 AT 2:02 PM “It is unfortunate that the EPO seems to prefer silence to transparency when it comes to what’s happening at the organization”.

Well, that is putting it mildly. On the occasion in question, silence served the purpose of the EPO avoiding answering (or even commenting upon) the question of whether the President had indeed used foul language at the GCC meeting. However, it seems that there are other occasions where the EPO is happy to comment, albeit by providing reports that everyone outside of the EPO’s management struggles to reconcile with their understanding (or recollection) of events.

So why does the EPO make such deliberate attempts to evade scrutiny and/or to paint a misleading picture? Apart from the obvious reason (namely, that it suits the management’s agenda to do so), the sad truth is because they can. Frankly, concepts such as transparency, proper regulatory oversight and even the rule of law mean very little to an international organisation that has decided to set its face against such things.

Concerned observer JANUARY 11, 2023 AT 4:49 PM I await with interest to lean what the German Constitutional Court (BVerfG) makes of the complaints relating to the EPO. The cases in question have been pending before the BVerfG for periods ranging from about 6 to about 12 years. However, it seems that the BVerfG is FINALLY ready to publish its decisions (on 12 January): https://www.bundesverfassungsgericht.de/DE/Presse/Senatsbeschl%C3%BCsse/Senatsbeschl%C3%BCsse_node.html

Whilst I am not a gambler, I would wager that the BVerfG’s decisions will essentially conclude that there is nothing to see here … most likely on the basis of (alleged) insufficient substantiation of the legal grounds raised in the complaints.

In any event, the German government will of course already know the outcome of the complaints. Given that there have been no signs of frantic diplomatic efforts to patch up defects in the EPC, I think that it is safe to conclude that the BVerfG’s decisions will not force Germany to withdraw from that Convention. Thus, for me, the only point of interest in the decisions will be the extent to which it (plausibly) argues that the current set-up of the Boards of Appeal is acceptable. My guess is that the BVerfG’s reasoning on this point, if any, will be about as convincing as the Dutch Supreme Court’s argument that access to the ILO-AT serves as an adequate guarantee of the right of EPO staff to COLLECTIVE bargaining.

Misma JANUARY 12, 2023 AT 11:49 AM In any doubt about compliance of the EPO boards of appeal with ECHR 6.1 ‘independent tribunal’, i would encourage the complainants to escalate to the ECHR.

Germany has a tradition to protect the EPO.

Concerned observer JANUARY 13, 2023 AT 7:12 PM The ECtHR also has a tradition to protect (other) international organisations.

Concerned observer JANUARY 12, 2023 AT 1:31 PM Spooky! It is almost as if I have a crystal ball: https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2022/11/rs20221108_2bvr248010.html

Whilst there is still a lot for me to digest in the decision, a particularly noteworthy point is that the complaint filed by a UK legal entity was deemed inadmissible, but only because the BVerG did not issue their decision prior to Brexit. As Brexit happened nearly 7 years after the relevant complaint was filed, this result seems more than a little harsh on the UK-based complainant!

If I understand the decision correctly, it also seems to conclude that LEGAL entities based outside of the EU are not entitled to protections provided by Germany’s Basic Law … INCLUDING the protection that is supposed to guarantee equality before the law. No doubt there is much more to this than meets the eye. However, it does seem to be a curious conclusion, especially if one considers its potential implications (eg with respect to enforcement of rights guaranteed under the ECHR).


It's hard not to be cynical. ECHR should also look into the mischief of Team UPC, basically seeking to break laws, violate constitutions and conventions, then blackmail Techrights to stop criticism of these abuses. The German government harbours one heck of a "patent mafia" at this point.

Recent Techrights' Posts

What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day
Slopwatch: Plagiarism, Fake Articles, and FUD About Linux
not a day goes by without Google News feeding FUD from slopfarms
Gemini Links 01/10/2025: Chat Control and End of Life
Links for the day
Links 01/10/2025: Long Covid Risk Reiterated, "Bitcoin Queen" Caught
Links for the day
Links 01/10/2025: EA $55 Billion Deal is Debt and Slop "Raises Vishing Risks"
Links for the day
Bluewashing at Red Hat Means Redundancies
The man who sold Red Hat to IBM meanwhile became a Microsoft Mono booster
After Killing OpenSource.com, IBM ('Red Hat') and OSI Told Us OpenSource.net Would Replace It (But That Didn't Happen)
Now it's time to move on, perhaps tarnishing the "Open Source" label some more (for whatever sponsor wants this)
Linux is Not a Community Project, It's a Wall Street Product
The core goal should be freedom
Bad Actors Abusing the Free Software Community, Vandalising It Using Rogue Politics and Old Tactics
Oil giants have long attempted to do this; now, the digital equivalent of Big Oil does this in technology
Social Control Media Isn't the Future, The Federation or Fediverse Isn't Growing, People's Accounts Vanish for Good
users' accounts will get deleted, not just become inactive
IBM is Failing, This Helps Show Wall Street is Entirely Detached From Actual Commercial Performance
IBM is unable to grow, it's just constantly shrinking
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 30, 2025
IRC logs for Tuesday, September 30, 2025
Clerical Aspects of Publishing and Development
In Free software, the management aspects are considerably reduced
Slopwatch: Fake Articles and Google News Promoting "Linux" Spam or Bot-Generated Fear, Uncertainty, Doubt (FUD)
These slopfarms help misplace blame
Third Wave of Microsoft Layoffs in September, This Time Many in Liverpool Affected
Be ready for more waves of layoffs ahead of the so-called "results" in late October
Gemini Links 30/09/2025: Motorcycling in Central Oregon, Protocol Styles and the Flag of Sark
Links for the day
Links 30/09/2025: Death Sentences, Internet Censorship, and Internet Shutdowns
Links for the day
Gemini Links 30/09/2025: Social Control Media and ROOPHLOCH
Links for the day
Richard Stallman About to Give More Talks in Europe, Some Confirmed Already
In Göteborg
Links 30/09/2025: CERN in "Have I Been Pwned" and More Windows TCO Blunders
Links for the day
Microsoft Canonical is Selling Mass Surveillance and Back Doors as "Security for Ubuntu"
If you are looking for a GNU/Linux distro to use, just remember that Microsoft has Ubuntu in the bag
Justice for Wildlife
animals cannot speak to humans who hate animals
Cowboys Gonna Be Cowboys (on the Internet, They're Not a New Problem)
Boys will be boys
Cowboys of the "Left" and Cowboys of the "Right"
Don't believe the lie that this is some "leftist" thing
When Codes of Conduct Serve to Protect Criminals From Much-Deserved Scrutiny
CoCs are typically unfit for purpose because enforcement lacks context and suitable understanding of the full background (the "full story")
It Took the Open Source Initiative (OSI) 4+ Years to Address the 'Data Breach' or Data Protection Violation Reported to the California Privacy Protection Agency (CPPA) in March 2025
We may never know the dialogue or its nature
Even Microsoft's Biggest Boosters (and Media Operatives) Are Turning Against Microsoft
Expect many more layoffs before the fake "results" next month
GNU Was Right 42+ Years Ago
Since then the abusive, user-hostile technology has spread like mushrooms
Old Isn't Always Inadequate
How many gadgets manufactured today (in 2025) will still work in 2075?
The Monkey Business of Rust People
Compatibility won't matter
Almost Half of the FSFE's Money (the Fake 'FSF', Misusing the Brand) Comes From Vodafone
That money always comes with strings, even if they're invisible to most of us
Microsoft Lunduke Spreads Deliberate Lies to Incite Online Mobs
Has he lost his reading comprehension skills?
Our 19th Birthday (in Just Over 5 Weeks From Now)
We meanwhile have ongoing, solid plans to cover patent-related issues when the FSF turns 40
British GNU/Linux Distro FydeOS Tops DistroWatch
That seems like a decent site and decent effort to keep an eye on
We'll Soon Have 75,000 GemText Pages
avoid many perils of today's Web
Google Used Free Software to Build a Monopoly. Now Google Kicks Free Software to the Curb
The "G" in "Google" does not stand for GNU. It never did. It's just another greedy company.
Gemini Links 30/09/2025: Retro Hardware, Federated Fragmentation, and Nex Server Written in C
Links for the day
4 More Days Till "4 decades, 4 freedoms, 4 all users"
We are now just 4 days away from the rare anniversary
Two Months After Merging to Hide GitHub Losses Microsoft is Doing It Again (This Time Windows)
Merging those two together is not a sign of strength but a tightening of budget
Speculations About the Next Large Wave of IBM/Red Hat Layoffs
the mass layoffs are likely to happen on week 3 or 4 in October
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 29, 2025
IRC logs for Monday, September 29, 2025