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

Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
 
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026