Bonum Certa Men Certa

The EPO's Attack on the Boards of Appeal Dooms the Unitary Patent (UPC) and Team UPC Alters Its Tactics

Ad hominem tactics are now permitted as well? Has it really come to this?

Ad hominem



Summary: The crisis of the Battistelli regime means that credibility of patent justice is significantly lowered and Team UPC finds itself scrambling for ways to salvage what's left of the UPC (even if that means mocking the complainants)

THE EPO had a slow start this year. There's not much report, but there is still plenty to analyse.



Yesterday we found this puff piece about the EPO. "According to a recent study published by the European Patent Office (EPO)," it said, "Europe is the leader within the 4th Industrial Revolution (4IR) technologies industry."

"What has the EPO turned into? Where is it going?"It makes the EPO sound so benign if not helpful. Well, the EPO was retweering this the following day (this morning); maybe they participated in "placing" it in the media. We have written a great deal about how the EPO handles the media and we are certain that many of these 4IR puff pieces were created in cooperation/participation/coordination with the EPO.

Anything else in the news about the EPO? No. We're checking these things very closely.

"Experienced examiners and patent attorneys will tutor you throughout the Oral Proceedings workshop," the EPO wrote yesterday. "Experienced examiners are becoming fewer at EPO," I told them. The EPO suffers extraordinary brain drain which insiders are telling us about, citing clear evidence. The EPO is unable to recruit talent.

"We will soon close the call for applications for the Judicial internships at the Boards of Appeal," the EPO also wrote yesterday. "For the Boards of Appeal to actually start functioning," I responded, "they need not burden of tutoring interns but full-time staff."

"The bottom line is, the UPC may be in fatal trouble here; what happened to Corcoran is quite likely the very last straw."This has been said repeatedly over the years, not just here but also the likes of AMBA etc.

What has the EPO turned into? Where is it going? Can it be salvaged? We hope so. And so do insiders.

There is this ongoing conversation about whether members of the Boards of Appeal can deliver a testimony. The latest twist is this:

The Service regulation have changed extensively since June 2017 but the version published on the Internet is still the old one from March 2017.

Article 19 now reads:

"Article 19 - Discretion (1) A permanent employee or former employee shall exercise the utmost discretion with regard to all facts and information coming to his knowledge in the course of or in connection with his employment. (2) A permanent employee or former employee shall not, without permission from the President of the Office, disclose, on any grounds whatever, information which has come to his knowledge in the course of or in connection with the performance of his duties and which has not already been made public. (3) Paragraph 2 shall also apply in legal proceedings. In this case, permission may be refused only where the interests of the Organisation or of a Contracting State so require. It may not, however, be refused if, in the opinion of the court, this would be likely to lead to a miscarriage of justice. (4) Paragraph 2 shall not apply to an employee or former employee giving evidence before the Administrative Tribunal of the International Labour Organization in a case concerning an employee or former employee of the Office."



An explanation is then given of why ILO is of relevance here (the EPC notwithstanding, as that too is relevant):



So let me see if I understand this correctly.

The Service Regulations allow the President to cite vague (and ill-defined reasons) for denying his permission for a (former) to provide evidence before a court of law. (Presumably such decisions can be challenged ... but only before the ILO AT.)

On the other hand the President is completely unable to deny permission in connection with the provision of evidence to the ILO AT.

Is that correct?

What could possibly be the basis for this difference? I would have thought that it would make more sense for the Regulations to instead rely upon the provisions of national laws for establishing an appropriate balance between the interests of confidentiality and those of justice.

More importantly, what basis in the EPC is there for applying non-disclosure obligations to all “information which has come to his knowledge in the course of or in connection with the performance of his duties and which has not already been made public”? Article 12 of the EPC only indicates that there is a duty not to disclose “information which by its nature is a professional secret”.

For members of the Boards of Appeal to comment upon the issue of their independence, the only “non-public” information that they would be imparting is the manner in which, in practice, the EPO implements the provisions of the EPC (and the Service Regulations, etc.) vis-à-vis the members of the Boards. Is it really credible for anyone to assert that this information would amount to a “professional secret” in the sense of Article 12 EPC? I think not!



The latest on this says:

The article is rather odd and may need a lawyer to dissect. The “on any grounds whatever” sounds rather desperate and child-like in trying to enforce what I imagine may be unenforceable. It would appear that the administration is trying to extend immunity to encompass a self-defined exclusivity. Paragraph 3 raises an issue beyond my knowledge as to what the term “likely to lead to a miscarriage of justice” means in terms of being a court’s opinion. Surely that can only be assessed after a court case or in full knowledge of all facts. During a case a party will not be able to present their best case unless the court considers a miscarriage of justice will otherwise occur? When is a different decision a miscarriage? Paragraph 4 doesnot say any case before the ILO but limits it to one involving an employee or former employee. Why the condition? And when did the ILO-AT last take evidence anyway - they seem to religiously refuse to hear witnesses.


Another newer comment said that "it would be interesting that a party demands that Mr Corcoran testifies in front of the BVefG" (which can stop the UPC).

it would be interesting that a party demands that Mr Corcoran testifies in front of the BVefG and presents the court with the concrete example of his own case: eg how he was treated all along: how he was denied the rigth to access documents charging him, how he was denied the right to be heared, how he was not re-instated in DG3 further than the few remaining days of his mandate in 2017 (out of which close to 3 years were lost due to an abusive and vexatious suspension), and then brought back to DG1 under Battistelli's hierarchical supervision.

This would surely give the Court a smashing insight into a concrete case and it could thus help the BVefG to establish beyond doubt how really "independent" the BoA of the EPO are.

And wait for Battistelli to become the first French President of the UPC Court in Paris soon (the UPC treaty foresees that its first President will be a FR citizen and he is said to want to go for it).

you liked the DG3 saga ? No doubt you will love the independence of the UPC Court under Battistelli !


The bottom line is, the UPC may be in fatal trouble here; what happened to Corcoran is quite likely the very last straw.

We have meanwhile noticed that CIPA's Stephen Jones leaves IP Kat. Good riddance? He was mostly pushing CIPA's agenda (like UPC) in that blog. "We also thank and say goodbye to Stephen Jones," they said, "a very experienced IP lawyer and current President of CIPA."

"UPC lobbying does not strictly depend on Kluwer Patent Blog, where much of this lobbying gets delivered by Bristows staff."It's going to be easier to view IP Kat not as a front for CIPA even though their most prolific writer remains an employee of Bristows. Sadly, one of the better writers in there is also leaving, albeit just temporarily. "Nicola Searle will be on sabbatical from The IPKat for the next few months," it says. We're not against IP Kat but against particular elements of it; IP Kat is a mixture of many writers from many backgrounds, covering different topics. Their coverage regarding UPC, for instance, has always been appalling and they delete comments that they don't like (or that Bristows doesn't like). The same has been happening at Kluwer Patent Blog (Bristows deleting comments about the UPC there). And speaking of which, Kluwer Patent Blog was dead again yesterday. It happened a lot lately, sometimes for as long as a whole day. Lots of UPC lobbying over there became inaccessible. Kluwer Patent Blog was still down when we checked last night. People noticed. "Kluwer down again," wrote one reader, "apparently since this morning." I wrote about that twice yesterday and someone also left a comment here to say: "Worlds best IP blog seems to be hacked? Nearly everywhere I get: ۬ Error establishing a database connection۬" (there were other error messages later in the day).

UPC lobbying does not strictly depend on Kluwer Patent Blog, where much of this lobbying gets delivered by Bristows staff. Yesterday we saw Managing IP speaking of "potential timeline for Germany ratifying the UPC" as if it's only a matter of time. That won't happen. Self-fulfilling prophecy attempts by Team UPC again? Here is the full paragraph:

Topics discussed at our recent European Patent Forum USA included the potential timeline for Germany ratifying the UPC, FRAND after Unwired Planet v Huawei, the patentability of computer-implemented inventions at the EPO, patent enforcement strategies in Europe and hot tubbing of experts in the UK


Don't forget that IAM, supported explicitly by the EPO, received money from the EPO's PR department/external agency to set up a similar event in the US, dedicated purely to UPC lobbying/promotion. It was grotesque. And speaking of IAM, watch what they published yesterday: "The second five IP personalitirs of 2017 named by IAM - Patel, Qualcomm, Shore, Stjerna and Xi."

Ingve Björn Stjerna, who exposed the UPC for the undemocratic sham that it was, is among "The IAM IP personalities of 2017" (many of the other top personalities are patent trolls, like we said yesterday). To quote the article:

Ingve Björn STJERNA – As a new year begins, the future of the Unified Patent Court (UPC) remains up in the air; not because of Brexit but due to a complaint currently before the German Constitutional Court asking it to rule that the country’s ratification of the UPC agreement would be illegal. The case was brought by IP lawyer Ingve Björn Stjerna, a long-time critic of the UPC, and has a number of strands - including alleged flaws in the vote to ratify taken in the German parliament and concerns over the independence of the UPC and its judges. In April 2017, it caused the constitutional court to ask Germany’s president to suspend implementation of ratification. Then, later in the year, it requested that interested parties should submit comments – so delaying consideration of the arguments. If the court now decides that the case should proceed it is likely that it will not be heard until the summer, at the earliest, with a decision not to be expected until months later. That would effectively torpedo the UPC in its current form, as even a ruling that membership of the system is compatible with the German constitution is unlikely to leave time for the country to ratify the agreement before the UK leaves the EU in March 2019 (currently, UPC member states also have to be EU member states). One man can move a mountain, so the saying goes: in 2018, Stjerna could well prove this to be true.


Very gentle on the UPC there, IAM. As one might expect. IAM has, over the years, been an integral part of the UPC lobby or "Team UPC" as we often call that lobby. It even spread false information in order to promote the UPC and compel readers to go along with it.

"IAM has, over the years, been an integral part of the UPC lobby or "Team UPC" as we often call that lobby. It even spread false information in order to promote the UPC and compel readers to go along with it."And speaking of Team UPC, this week (yesterday) it kept lying about what Britain wants. In order to promote litigation it cited this front group and then said (courtesy pf Edward Nodder) that "UK IP organisations request government action on IP (including the UPC) in light of Brexit"...

In the same vein, makers of cluster bombs want endless wars and makers of particular vaccinations sometimes want particular diseases to spread.

It wasn't enough for Bristows; on the same day it used this slant about France as if UPC acceptance in France is a new thing. France has already been in it for years; it's one of the first, being the home country of Battistelli and Barnier, both of whom pushed incredibly hard for the UPC. Bristows did the the same for Belgium (also not new), but the Unitary Patent is dead due to Germany and the UK, not France or Belgium. The dishonesty of Bristows is noteworthy, but it's no longer surprising.

"In the same vein, makers of cluster bombs want endless wars and makers of particular vaccinations sometimes want particular diseases to spread."Speaking of British boosters of the UPC (law firms, obviously), watch this new rant from Team UPC. It seeks to prop up a smear or promote a false moral equivalence; it's almost ad hominem, trying to frame Dr. Stjerna as a hypocrite, as if complaining about the UPC is as bad as the UPC itself. No wonder Stjerna did not want his name known...

Here is what the UPC booster wrote: "While I'm thinking about the topic of the UPC 3rd-party submissions, I continue to be astonished that the grounds for the constitutional complaint at #BVerfG haven't been made public [...] I know summaries have been published by (e.g.) @KluwerBlogger but it seems absurd that we have to rely on third-party summaries rather than seeing the complaint "in the flesh" [...] In the UK it's a relatively simple matter for non-parties to court proceedings to get hold of statements of case. It seems perverse that something which is allegedly of fundamental constitutional significance in Germany, and thus a matter of public interest, should be kept secret [...] I also note heavy irony in that Stjerna - having long criticised lawmakers for alleged lack of transparency in negotiations & discussions behind the framing of the UPCA and unitary patent regulations - is apparently upset about the publication of details of his case (see image!)"

"The dishonesty of Bristows is noteworthy, but it's no longer surprising."So I decided to reply, but did not (obviously) managed to convince those dyed-in-the-wool UPC folks (who are paid not not understand why UPC is wrong). The reply: "[...] Wrong, Roy. Try reading the thread again. I take no position on the validity of the complaint - how can I, when I've not seen it? That's the point. It's a matter of considerable public and legal interest, and therefore I'm astonished that it's not been published [...] "Compare and contrast: the grounds for the "Miller" Article 50 case were online and available for scrutiny by the public, as they should have been - and even if they hadn't have been published, members of the UK public can easily obtain court documents [...] Whereas in Germany, an allegation of a *breach of the German constitution* is kept private despite the clearly fundamental significance [...] This seems odd, to put it mildly. As I noted previously, it's also rather ironic that Mr Stjerna has (in my opinion, correctly) criticised lawmakers for a lack of transparency in the proceedings leading up to the UPC legislation... [...] ...and yet he has refused to publicly confirm that he is the author of the complaint and apparently he's upset that outline details of it have been made available."

"Maybe they anticipate that the response will be UPC tribalism," I told him. He responded: "If by "UPC tribalism" you mean "reporting on facts in plain view"... as I say, I take no position on the complaint, but it is surely in the public interest for it to be made available for analysis both by supporters *and* by critics."

"Having seen the antics of Team UPC for nearly a decade," I told him, "I can relate to the low-profile complaint..."

"It should be noted that many members of Team UPC now post anonymous blog posts (we are guessing, based on numerous things in their text, that those are Bristows staff)."He just laughed it off: "LOL. "Low profile"? He has literally appealed to the highest constitutional authority in the country. If that's low-profile, I'm a banana. [...] Transparency cuts both ways. I know you're a vocal critic of the secrecy of EPO and UPC discussions - and I'm all for transparency too. Do you only dislike secrecy when it suits your ends to do so?"

So what they basically wanted is the ability to scrutinise the complaint and person (complainant). Because they operate very much like some sects or cults. "I wouldn't have done this like that," I told him (keeping the complaint sealed), "but I can understand why he did."

It should be noted that many members of Team UPC now post anonymous blog posts (we are guessing, based on numerous things in their text, that those are Bristows staff). So they want to push the UPC agenda with the mask of anonymity. Hypocrisy knows no bounds. For the record, I always posted under my name (my real name) and letters that I sent I always made publicly accessible. In contrast to the UPC gravy train...

Recent Techrights' Posts

If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs
IBM Bubble Deflating After James Kavanaugh's Accounting Trick With 'Toxic Assets' Comes Under SEC Scrutiny
If something goes up based on false speculations, bonus numbers and self-serving lies, then it'll come back down, eventually...
The EPO's Corruption and Violation of Rules is Spreading to the United Kingdom (Software Patents)
Yesterday a letter was sent to the chief regarding salaries while reminding him of the next strike, which is only 11 days away
IBM Continues Tanking Today, Already $58+ Lower Than Recent High, Insiders Explain Why
The same CFO from the inception of Kyndryl is still the CFO at IBM
Put Criminals in Prison, Not People Who Report the Crimes
Can people be sent to prison for opposing crime?
 
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Mainstream Media Intentionally Ignoring EPO Strikes
“EPO on Strike!”
Jeffrey Epstein crypto disclosure: uncanny timing, Bitcoin demise, pump-and-dump, ponzi schemes
Reprinted with permission from Daniel Pocock
Gemini Links 12/02/2026: Avoiding Coffee, Trying Ubuntu, and "Open Source Robot"
Links for the day
Microsoft Slop CEO Speaks of Layoffs
They will go along with the "replaced by AI" baloney
In Systematic Contempt of the British High Court, Brett Wilson LLP Spent Two Years Lying to Courts and Breaking Rules Against Us
We criticise Brett Wilson LLP quite lot because of its conduct
IBM Kyndryl as "Aggressive “Enron” Accounting"
IBM Kyndryl continues to nosedive today
Relationships evidence: Tiago, Tassia, Thais, Antonio & Debian favoritism, nepotism
Reprinted with permission from Daniel Pocock
Debian pregnancy cluster: why it is public interest
Reprinted with permission from Daniel Pocock
State of the Slop, Slopfarms Containment
Slopfarms still exist this year, but their visibility is limited
Links 12/02/2026: Pushback Against, "NATO Is Expected to Step Up Arctic Security"
Links for the day
Links 12/02/2026: "Microsoft Just Forked Windows" and Windows Notepad is a Giant Security Hole
Links for the day
Windows Has Become Increasingly Irrelevant
There's a very massive wave of layoffs coming Microsoft's way
Our Most Successful Year Ever
The hired guns in London are eager to turn the UK into another China
Slopfarms Waning, But Not Extinct Yet
Metrics show that usage of LLMs is declining
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 11, 2026
IRC logs for Wednesday, February 11, 2026
IBM's Stock is Crashing
If it follows the trajectory of its satellite Kyndryl, it can fall and reach as low as $75
Gemini Links 11/02/2026: Sunny Morning and "KiCad Aims to Ease Linux Installation"
Links for the day
Microsoft Loses Ground in Switzerland
One issue is, Google and Apple seem to gain at Microsoft's expense
Microsoft Layoffs Must be Very Near (and Very Large)
just like IBM
Bringing Attention/Awareness of EPO Corruption and Cocaine Use to the Mainstream Media
What has Europe become? Prey to vultures?
The Solicitors Regulation Authority (SRA) Delusion - Part V - Everyone Seems to Agree That SRA is a Sham
We're going to start a new series soon
A Can of WORMS - Part V - Up Next: The Comeback of RMS in the United States
Guess who funds the cancellers
Threats From 'Former' Red Hat (Now IBM) Staff While IBM's Likely Accounting Fraud Attracts Public Scrutiny
We must be getting "warm"
Matthew J. Garrett Has Just Sent a Threat to Put My Wife and I in Prison Because His Own Spouse Says He's a Rapist
What really intimidates him is his own spouse
Gemini Links 11/02/2026: Terminator Trilogy and Lagrange in the Apple App Store
Links for the day
Links 11/02/2026: Fentanylware (CheeTok) for ICE, Jimmy Lai Shows Journalism Became 'Crime' in Hong Kong
Links for the day
With Firefox Measured at 2% in the United Kingdom Time is Running Out for Web Site Support for Gecko/Servo Users
The open Web is rapidly dying while Mozilla celebrates and champions slop
Lawsuit reactions: EFF behaviour reveals zombification, censorship
Reprinted with permission from Daniel Pocock
Links 11/02/2026: $700 Billion Slop Bill, Social Control Media Under Political Fire for Deliberate Health Harms
Links for the day
Amended Input From Software Freedom Institute for EU Consultation on Free Software
"On 3 February 2026 Software Freedom Institute lodged a submission with the European Commission's inquiry into Open Digital Ecosystems"
Mobbing at the European Patent Office (EPO) - Part VI - Attacks on Staff and Attacks on the Law Merit Another New Series
new series coming shortly
Nadella's Mindless PR Spam Ahead of the Layoffs 'Snowball' (Adding Up Batches) Turning Into an Avalanche
Based on recent observations, the more puff pieces we see about Nadella, the closer we get to Microsoft "pulling the trigger" on mass layoffs
When Happens to Red Hat If (or When) IBM Collapses
IBM is in flux because its CFO is now implicated in what seems like accounting fraud
IBM's Financial Engineering (Accounting Fraud) Shell, Kyndryl Holdings Inc, is Insolvent
If this was done by the very same people who still run IBM, can we expect any better from "Sugar Daddy" IBM?
2026 a Very Productive Year and We Have Many Big Stories to Tell
maybe we'll produce 8,000 new articles/pages by year's end
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026