Bonum Certa Men Certa

The EPO's Patent Coup in Europe Moves on With Conflict of Interests-Plagued German Authorities for UPC

Trojan horse



Summary: Germany, careful not to reveal its bias and gross nepotism (not to mention self interest) in this matter, is starting to push for the Unitary Patent Court (UPC), which would potentially destroy Europe's wealth by passing a lot of it to very few (already affluent and usually non-European) actors

THERE is an increasingly urgent and incredibly big EPO scandal that many EPO insiders haven't been paying enough attention to (or were thoroughly misinformed on, as part of the secretive and expensive PR campaign for UPC, let aside the internal censorship). Dr. Glyn Moody wrote about it earlier this month and the EPO's official responses to him only served to reinforce beliefs that the UPC is quite a scandal (against democracy) in the making. The vast majority of European citizens know nothing at all about the UPC, probably by intention -- as obscurity serves the UPC's architects and lobbyists. The UPC is not for Europeans. It's steered by scope maximalists, as FOSDEM recently explained (Stallman too spoke about it).



"The vast majority of European citizens know nothing at all about the UPC, probably by intention -- as obscurity serves the UPC's architects and lobbyists.""Breaking news is that Germany has produced draft bills for implementing the UPC," wrote this new commenter, who spreads terrible news that we have been dreading for months (EPO-funded media repeatedly pressured Germany -- even by shaming -- to do this).

"BMJ is financed with EPO fees," Benjamin Henrion correctly noted, "and they do have a bad record with the swpat [software patents] directive, where they trumped the econ ministry" (we previously wrote about this role of nepotism in UPC promotion inside Germany, putting the country's justice system/ministry to great shame, having led the way in software patents promotion). Spain shows the better way forward and explains the reasons.

Here is the comment in question in its entirety:

Breaking news is that Germany has produced draft bills for implementing the UPC.

https://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/Dokumente/RefE_Uebereinkommen_EinheitlichesPatentgericht.pdf?__blob=publicationFile&v=2

https://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/Dokumente/RefE_Begleitgesetz_EuropaeischePatentreform.pdf?__blob=publicationFile&v=3

My German may be a little rusty, but I cannot see anything in the two published documents that indicates how German national law will be amended in the light of the substantive provisions of the unitary patent package.

Can anyone shed any light on this situation? I would have thought that at least some modifications of national patent law would be necessary.


"The document of your second link," added another commenter, "proposes all necessary amendments of German Law, particularly for the international patent act and the patent act. But the first link is the more interesting…"

"UPC is a cash cow for patent lawyers in Germany."According to this morning's post from IP Kat: "In its proposal for the legislation implementing the Unified Patent Package in Germany, the German Ministry of Justice suggests a compromise: double patenting vis-a-vis unitary patents is not prohibited, but if an action regarding a unitary patent for the same invention is pending before the Unified Patent Court or is made pending during the national proceeding or has been finally adjudicated by the UPC, then the German court will dismiss the action brought based on the national patent insofar as the patents concern the same invention, provided that the defendant raises the objection before the beginning of the oral hearing (see proposed Article 18 Gesetz über internationale Patentübereinkommen, p. 6 of the linked PDF)."

UPC is a cash cow for patent lawyers in Germany. They would make a lot of money from it, and guess at whose expense...

No wonder it's mostly patent lawyers who are pushing for the UPC, usually behind closed doors. It's an attack on democracy. It is a coup. The UPC is yet another rogue project, maybe on par with (or along with) efforts such as TPP. They are hoping to bypass the European public and covertly impose the 1%'s wishes on all who live inside Europe. Deception, propaganda etc. come into play as soon as the public begins to discover what's going on, whereupon it antagonises. That's when they start pretending that it's good for European SMEs and perpetually spread other such myths.

"BristowsUPC", an LLP rebranded for UPC marketing, has just written about the above. Longtime UPC booster Annsley ​Merelle Ward (also of IP Kat) said: "The German Federal Ministry of Justice and Consumer Protection (BMJV) yesterday published the first draft of legislation that will make it possible for Germany to ratify the Unified Patent Court Agreement. The draft bill was published, together with a second draft bill to implement the Unitary patent system into German law. After a period of consultation, it is anticipated that final draft bills will be introduced into the German parliament before summer 2016. These will then pass through the legislative process in parliament for debate, any amendment, and then a final vote."

"The EPO’s autocracy is now expanding onto other European institutions."Only patent lawyers (and their media) rejoice right now (see the positivity, with optimistic phrases like "A significant development for the #UPC.") while the rest of the public is totally unaware. It is an unacceptable attack on European democracy. "DE, UK & 2 more need to ratify for #UPC to begin," said the patent maximalists (MIP in this case). As Henrion put it last night: "There should be a call to abolish fiscal priviledges for royalties over any type of IP right, and tax it as the same level as labour #fraud"

The EPO's autocracy is now expanding onto other European institutions. This too is a cause for alarm. They don't care what the public thinks; they just do whatever the heck they decided is good for Europe (or for themselves and their mates). It's like with the EPO the EU is increasingly shadowing the worst practices of the Kremlin; oh, lo and behold whose hands Battistelli is now shaking (warning: epo.org link). To quote the latest puff piece showing Battistelli in Russia: "On the occasion of a visit to the EPO in Munich by Grigory Petrovich Ivliev, the new Director General of Rospatent (the Russian Federal Service for IP), the two institutions have committed to further strengthen their co-operation."

That was published yesterday. It's self-serving propaganda disguised as 'news' (and Google News indexes it as such).

"While the EPO says (right there on national television) that it intends to ignore the law and refuse to obey the highest court at The Hague it sure feels comfortable to do its patent brainwashing right there at The Hague."Congratulations, Mr. Battistelli. Having just collaborated with Cubans (who parked Russian nukes just a short distance away from your American masters), you now go visit their old masters in Moscow. Having refused to obey orders from The Hague (renowned for international criminal justice), your obedient PR bunnies now set up shop in The Hague. Irony is not dead yet. While the EPO says (right there on national television) that it intends to ignore the law and refuse to obey the highest court at The Hague it sure feels comfortable to do its patent brainwashing right there at The Hague.

The EPO is officially a rogue institution out of control. The UPC is its latest project and the main threat to this project is European democracy (meaning, people actually becoming aware of what's going on and then voting on it, i.e. against it).

Recent Techrights' Posts

Google "Hey Hi" (Slop) Having a Stroke, Thinks I am Married to the Grandmother of My Grandfather
Seriously!
Beehiiv and Substack Are Platform Lock-in (Similar to Vendor Lock-in), Don't Use Beehiiv and Substack (and the Likes of These)
Proprietary platforms are a problem. Some people "get it" sooner than others.
Jim Zemlin/Linux Foundation Selling Anthropic Slop After Getting Bribed for Slop Marketing ('Linux' Foundation is a Pay-to-Say For-Profit Marketing Company That Buys and Manipulates the Media Based on False Pretences)
Look what they've done to Steven Vaughan-Nichols (SJVN)
The Corrupt Lecture the Non-Corrupt - Part XX - EPO Management's Unified (One) Voice or Policy is, Doing Cocaine is OK When You're a Friend and/or Family of President Campinos
The management needs to resign to save the Office
 
IBM Falls to One-year Low
At one point or threshold does the Board (controlled by the CEO) sack the CEO?
Gemini Links 12/05/2026: On Astronomy and Stargazing, Coyote Time, and Freenom
Links for the day
Links 12/05/2026: Data Centres Destroying Neighbourhoods, "Care Workers Are Saying No to 24-Hour Workdays"
Links for the day
Richard Stallman to Give Public Talk in Erlangen, Germany (Next European Tour)
Seems like a large room
If IBM Suddenly Vanished in the 1980s, There Would be Chaos. Not Anymore.
IBM's management has rendered IBM more irrelevant than ever before
Gitlab is in Trouble and Its Shares Have Collapsed
Down almost 80% since it began [...] The real issue has nothing to do with slop, it is a lack/loss of customers and erosion of the company's theoretical "value"
Microsoft: Mass Layoffs Are "Offers" (Like "Job Offers"), Culling Experienced and Highly-Paid Staff is "Softer Workforce-reduction Strategy"
Media sites that play along with those lies don't do journalism, they're in the PR industry
Under IBM, Mass Layoffs at Red Hat No Better Than Oracle Under Larry Ellison (Treating Workers Like Disposables - Even Enemies - Overnight)
under IBM the respect for the worker (or peer) does not exist
The Slop-Amplified Fear of Privilege Escalation (Local, Not Remote) in Linux, the Kernel
we are meant to assume this is no better and no worse than Microsoft intentionally putting back doors in everything, even encryption
GitLab the Latest Company to Do Mass Layoffs and Use Slop as the Go-to Excuse (GitLab Users Should Worry Too)
This round of layoffs (disguised as something else) has nothing to do with slop ("hey hi"). It's about commercial problems.
Technology Not Meant to Last
A society apathetic towards declining production (or manufacturing) standards will end up ripped off
statCounter Cannot 'See' Chinese Operating Systems That Gain Many Millions of Users Per Month
There is no way for statCounter to recognise or show the market share of HarmonyOS
SLAPP Censorship - Part 74 Out of 200: The Basis of My Lawsuit Against Alex Graveley, Who Helps Garrett Stack the Docket in Another Continent
claim against the Serial Strangler from Microsoft
Update on Slop About "Linux"
"Linux" is a term many people are interested it, so it's not shocking that slopfarms target it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 11, 2026
IRC logs for Monday, May 11, 2026
GAFAM (Microsoft) "Cloud Computing" Means Another Country's Military Accesses All Your Data
reminder that confidentiality and Clown Computing are complete opposites
Another Discrimination Lawsuit Against IBM and Workers Say IBM Culls Older Workers (Just Like Microsoft)
If IBM fails to retain some of the smartest people, then what is the future of IBM?
Gemini Links 12/05/2026: Android Nostalgia and Switching to Guix
Links for the day
Links 11/05/2026: Another Oracle Setback and Mass Layoffs in Iran
Links for the day
Gemini Links 11/05/2026: Older Can Be Faster and Textmode Workflow
Links for the day
Links 11/05/2026: The Solicitors Regulation Authority (SRA) Admits It Only Reacts When It's Too Late (Damage Already Done), Ombudsman’s Animal Cruelty HK Report
Links for the day
If It Takes You a Second to Serve (or Receive) a Page, That's Definitely Too Slow
For speeds at milliseconds (e.g. for pages to fully load in a tenth of a second) the pages must be ready to be sent as soon as they're requested
It's Not About Speed, It is About Patience and Adherence to Truth, Principles, Scientific Integrity
attacks on us only ever made us stronger - a lesson that our adversaries have learned the hard way
Cyber Show Does it Like Techrights: Static and Gemini Protocol as 'First-Class Citizen'
HTML and GemText (over Gemini Protocol) would be rendered in tandem
Libya's Share on the Web: 5.2% GNU/Linux
GNU/Linux has hit an all-time high there
SLAPP Censorship - Part 73 Out of 200: Microsoft's Graveley and Garrett Remain Closely Connected in May 2026 ("Tag-Teaming" Against Bloggers in Another Continent)
The phrase "judge a person by their friends" seems applicable here
Codecs and Software Patents - Part VI - The European Patent Office, Nokia, Microsoft, Sisvel, and More
Whatever Nokia used to be, it's certainly not an ally and a lot of the turmoil at the EPO is the fault of companies like Nokia
Discussions About When the Axe Falls at IBM/Kyndryl (11,000 Layoffs Estimated)
"Kyndryl restructuring should reduce overhead functions and reduce the number of managers that lack technical knowledge"
A World After Microsoft (and GAFAM) and After GitHub Shuts Down
the only growth area is debt
Fake News, Propaganda, and Misinformation: Microsoft Investing Money It Does Not Have in "Hey Hi" (for "Entertainment Purposes" Only)
This will not end well
Today the Whole European Patent Office (EPO) is on Strike and Next Monday an Even Bigger Strike
the media refuses to cover these and is thus complicit
The Corrupt Lecture the Non-Corrupt - Part IXX - EPO Management Speaks of Reputation and Integrity While Putting Cocaine Addicts in Management
If the EPO values its "reputation", then it needs to start by ousting the management
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 10, 2026
IRC logs for Sunday, May 10, 2026
Links 11/05/2026: Security Breaches, Politics, and Energy Crunch
Links for the day
Gemini Links 10/05/2026: "Accidental Cameras" and "Addictive" Interfaces in Social Control Media
Links for the day
Codecs and Software Patents - Part V - A Reminder That GAFAM and the European Patent Office (Which Serves American Monopolists) Do Considerable Harm to the Commons and Culture
some 'breaking' developments
Gemini Links 10/05/2026: Inkscape, Guix, and Alhena 5.5.8
Links for the day
The "Alicante Mafia" at the European Patent Office (EPO) Experiments With New Methods for Crushing Industrial Actions
Open letter to VP1 and the COO [...] What does this tell us about the status quo at the European Patent Office, Europe's second-largest institution?
The Corrupt Lecture the Non-Corrupt - Part XVIII - "The European Patent Office (EPO) has a zero-tolerance policy for fraud" (except when managers do it)
The guidebook of the EPO says fraud is not to be tolerated, but who enforces or revisits such "Red Lines"?
Links 10/05/2026: Hantavirus Brings Back 'Contact Tracing' Surveillance, "Staple Food Prices Soar in Iran"
Links for the day
Microsoft XBox Staff Know They're in Trouble, They Try to Unionise Ahead of Mass Layoffs
As the slang goes, it's going to be a "bloodbath"
Links 10/05/2026: Fake Suicide Notes and New EU Restrictions on Slop
Links for the day
SLAPP Censorship - Part 72 Out of 200: Microsoft's Graveley and Garrett Signed Documents That Hold Them Accountable to Truth and Liable for Lies
Such collaborations are unsavoury and apparently unprofessional, too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 09, 2026
IRC logs for Saturday, May 09, 2026
Gemini Links 10/05/2026: Travelling to Van and "Dark Mode" as Passing Fad
Links for the day