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

SLAPP Censorship - Part 190 Out of 200: Plagiarism, Back Doors, and Sabotage of Linux
This can go on for a decade or longer
 
Enjoy the Giving/Sharing, Not Taking
We've long supported what we believed in, even with the little money we had
Links 20/09/2026: Amazon Layoffs, Flock 'Buyouts' (Silent Layoffs)
Links for the day
USCIS and Microsoft Rumours: Curbs on Lowering Salaries by Importing Cheaper Replacements?
It seems like Microsoft's mass layoffs and efforts to cheapen the workforce face obstacles
Gemini Links 20/09/2026: "Music While Working" and Radio Silence
Links for the day
Clownflare Data From Canada
We've like to think many people are attempting to install GNU/Linux over the weekend
Linux Kernel Becoming a Slopfest - Part 5 - Kernel Dependency on Plagiarism Giant Microsoft is a Death Blow to Any Kernel
Microsoft is bringing copyright-infringing slop into Linux
GNU/Linux Has Grown a Lot Lately
Based on Clownflare
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 19, 2026
IRC logs for Saturday, September 19, 2026
Links 19/09/2026: Many Patents Become Candidates for Annulment and Linux [sic] Foundation Takes More Slop Money to Promote Malicious Bots
Links for the day
Gemini Links 19/09/2026: The Fundamental Human Assets, The History of Gopher's "i" Type, and ROOPHLOCH 2026
Links for the day
Links 19/09/2026: "OpenAI and Microsoft Knew They Were Starting a ‘Doom Loop’ [of Mass Plagiarism 'Normalised' by Brute Force] for the web", Calling It "Hey Hi"
Links for the day
8 Series Going on at the Moment in Techrights
4 series about SLAPPs and related matters
Linux Kernel Becoming a Slopfest - Part 4 - Outsourcing to Microsoft, Approaching 10 Gigabytes
Can we blame Microsoft for those DDoS attacks? Partly.
SLAPP Censorship - Part 189 Out of 200: A Terrible Idea to Condemn Projects for Using Slop 'Code' When Your Own Employer Does This (and Profits From Every Company Doing So) or to Call Distros 'Not Secure' While You Advance Back Doors
"I don’t want a back door. I want a front door."
Software Freedom Day 2026 is Today, Week-long Celebration in Brazil
In Brazil, Clownflare reckons about 1 in 20 laptops/desktops might use GNU/Linux already
Red Hat Lost 2,000 Staff (Net Loss)
Maybe by year's end it'll be a 20% reduction
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 18, 2026
IRC logs for Friday, September 18, 2026
Gemini Links 18/09/2026: Setting Goals, Tiredness, and Admissions From LLM Purveyors It Was All Along About Building Plagiarism Engines Sold as "Intelligence"
Links for the day
Links 18/09/2026: Microsoft Boasted Slop is Just Copyright Infringement/Plagiarism, Floods in Europe
Links for the day
Slop Ruins Development and Reverse Engineering, It Rewards Retarded "Slop Kiddies" (to Quote Andy ‘TheFlow0’ Nguyen)
Slop is just a fatal cancer that kills the body, then dies with the body it killed
Internet Relay Chat (IRC) and Mailing Lists Are Still Better Than Discord, Slack, and Discourse
Discourse is "open" "bossware"
Links 18/09/2026: Disgust Over LLMs and Why "Agents" (Bots) Are Nothing More Than "Spam"
Links for the day
Software Freedom Day is Tomorrow
events coming
Illegal and Unconstitutional Tribunal That SLAPPs Critics Does the Illegal and Unconstitutional: It "Rubberstamps Software Patents"
This is not a legal system. This is mafia.
Privilege in 'Linux' Foundation (Double Standards) and What the FSF Should Avoid Doing
If RMS can talk about politics, others too should be able to talk about politics
Seems Like Many Microsoft Layoffs Are Going On Right Now (Forever Layoffs)
Like IBM, Microsoft hopes shareholders will not know of morale and financial problems
More Threats From the Person of Restricted Boot Infamy
Remember this is the man who is the principal purveyor of restricted boot and who landed restricted boot in Linux
Snooping EPO Management, Sniffing Up Every Staff Action
It this a problem for whistleblowers? Of course.
Don't Do That
Options do exist. People should exercise freedom.
Iran Has Debunked GAFAM and Cloud Computing as Safety of Data
Cloud of smoke?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 17, 2026
IRC logs for Thursday, September 17, 2026
SLAPP Censorship - Part 188 Out of 200: Used, Then Discarded, by Microsoft (as We Predicted All Along, It's Always Like That)
The longer they carry on with it, the more scandalous this will get
Linux Kernel Becoming a Slopfest - Part 3 - Besieged by LLM Bots, Now Hiding Behind a Wall of JavaScript
The series began 3 days ago
Gemini Links 18/09/2026: Modern Linguistic, Boxing, Turning 40, and Solar MiniServer
Links for the day