Bonum Certa Men Certa

The EPO's Systematic Attacks on Justice and on Judges Have Likely Played the Biggest Role in the Death of Unitary Patent (UPC)

Recent: Another Victim of Corrupt Benoît Battistelli (a judge)

Fair trial



Summary: The issues associated with lack of independence for European patent judges are totally unsolved; this means that any decisions about European Patents may, in the meantime, be subjected to substantial doubt and it harms the perception of justice

THE EPO's judges still lack independence under António Campinos. It certainly seems like Campinos doesn't intend to fix anything and maybe this is why he's so afraid to meet SUEPO officials, who are growing impatient with him by the looks of it.



"Battistelli made appeals more expensive, knowing that such a move would discourage appeals and thus help hide the profound decline in patent quality -- a point we've made countless times over the years."An article just published by Leythem A. Wall (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, one of the biggest patent maximalists out there) may be short, but it basically repeats somewhat old news from the EPO when it says: "In one of his last acts as President of the European Patent Office (EPO), Benoît Battistelli has referred a question to the Enlarged Board of Appeal concerning appeal fees and the interpretation of Article 108 EPC. The case is now pending under the reference G1/18."

Battistelli made appeals more expensive, knowing that such a move would discourage appeals and thus help hide the profound decline in patent quality -- a point we've made countless times over the years. What is going to happen next? We're not optimistic. Remember that the Enlarged Board of Appeal, due to decide on matters including this, is not independent. It spoke about it again not too long ago.

"Remember that Battistelli's abuses have played a very considerable role employees' deaths and in the scuttling of the UPC."The media barely mentions any of these issues. Joff Wild, for example, has just mentioned "President Benoît Battistelli" again (at IAM). This can become a serious reputational liability if Battistelli gets arrested some time in the future (not his extremely violent bodyguard). After Benoît Battistelli wrote articles for IAM and was given a keynote slot by IAM they still treat him as some sort of champion with a "legacy". What exactly is his legacy? Corruption? Construction site? Serious brain drain? The death of the UPC? Remember that Battistelli's abuses have played a very considerable role employees' deaths and in the scuttling of the UPC.

There's no "Future Unified Patent Court". We're pretty certain of that. But pro-UPC propaganda blogs such as Kluwer Patent Blog now give the platform to "Intellectual Property Rechtsanwälte" Thomas Musmann, whose biases are revealing. From yesterday's blog post:

IIAs are treaties under public international law that are not specific intellectual property (IP) agreements, such as TRIPs. Rather, they generally protect property rights against state interference. To date, arbitral tribunals have rendered decisions in four IP-related international investment disputes. Whereas the Eli Lilly v. Canada award pertained to a dispute involving decisions of state courts, arbitral proceedings based on an IIA may also be considered as a special appeal mechanism concerning IP-related decisions of international organizations, e.g. the European Patent Office (EPO) or the future Unified Patent Court (UPC). Thus, they could represent an alternative to other extraordinary remedies which have already been used for challenging EPO decisions, e.g. constitutional complaints before the German Federal Constitutional Court or applications submitted to the European Court of Human Rights (ECHR).


This is the same ECHR where SUEPO lodged a serious complaint. We expect the German FCC, ECHR, ILO and others to play a role in the scuttling of whatever remains of UPC hopes. The UPC hopefuls too will move on with their lives.

"We expect the German FCC, ECHR, ILO and others to play a role in the scuttling of whatever remains of UPC hopes."Team UPC has in general been very quiet for months and not because it's summer. Bad legislation dies in the midst of inaction, not because its death is announced (it 'hibernates'). The UPC is dead. Even if Britain decided to can Brexit and remain in the EU, the UPC would still be dead. It's no longer the UK that acts as a barrier; there are several constitutional issues, EPO corruption and a lot more.

Recent Techrights' Posts

Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
 
Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026
IBM's Senior VP of Infrastructure is Out, Silent Layoffs Still Going On
Some people imagine the CEO will also "retire" very soon (and "ahead of time")
Gemini Links 09/09/2026: Mechanical Cameras, "Super App", and Prusa Issues
Links for the day
SLAPP Censorship - Part 177 Out of 200: Manosphere Without Financial Transparency
It has moreover replaced a female worker with a male
Deadline Tomorrow (10th of September) to Appeal the EPO's Fleecing of Staff (Union to Make Legal Challenges)
Join them. Fight the good fight.
linuxstans.com Died, Then Came Back as Slop (LLM Junk)
Don't make the mistake or the assumption that merely 'dabbling in' or 'experimenting with' LLMs can be forgivable as it is a trust destroyer
Links 09/09/2026: GAFAM Fatalities in Miami International Airport, "Britain’s Health Crisis Is Becoming a Political Crisis"
Links for the day
Gemini Links 09/09/2026: "Adjective Is Subjective" and Walled Gardens
Links for the day
Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026