Bonum Certa Men Certa

Concerns About Stephan Harbarth's Unitary Patent (UPC) Vested Interests and His Entrance Into the Constitutional Court That Decides on UPC

António Campinos for UPC
Source



Summary: Dr. Ingve Björn Stjerna's complaint about the Unified Patent Court Agreement (UPCA) in light of the newly-appointed judge at the Federal Constitutional Court (“BVerfG”), who moves there from the Bundestag (at the centre of Stjerna's complaint because of a notorious vote by a fraction of members at 1AM in the morning)

THE previous post noted that software patents granted by the European Patent Office (EPO) would likely not withstand scrutiny in European courts -- the same thing that's happening at the U.S. Patent and Trademark Office (USPTO) because of SCOTUS and 35 U.S.C. €§ 101. On his first week on the job António Campinos publicly promoted the UPC, which is means for bypassing European courts. Knowing Team UPC, we remain concerned that they'll pull dirty tricks -- even outright corruption -- as they did before.



"Knowing Team UPC, we remain concerned that they'll pull dirty tricks -- even outright corruption -- as they did before."Just before the weekend the patent trolls' lobby or propaganda mill IAM, which the EPO had paid to promote the UPC, spoke of "pharma UPC strategies" under the heading "Getting to the heart of the life sciences patent debate" (link omitted intentionally). Why would they suggest such a strategy after admitting that the UPC is likely dead?

As it turns out, there's this latest update from the complainant against UPC/A in Germany. In his own words:

On 30/11/2018, Prof. Dr Stephan Harbarth, a Member of the German Parliament (“Bundestag”) for the Conservative party (“CDU”) was appointed judge at the Federal Constitutional Court (“BVerfG”), where he is since chairing the First Senate (cf. the press release of the BVerfG of 30/11/2018 [German language]). Previously, the majority of the German Bundestag had approved his appointment on 22/11/2018 (see Plenary Protocol 19/65, p. 7447, 7454 [German language]). He was also elected as Vice-President of the BVerfG by the Federal Council (“Bundesrat”) on 23/11/2018 unanimously (see Plenary Protocol 972 [German language], p. 411), which designates him to succeed the current President of the BVerfG after the expiry of the latter’s term of office in two years’ time.

This matter is also of interest for constitutional complaint proceedings 2 BvR 739/17 on the ratification of the Agreement on a Unified Patent Court (“UPCA”) in Germany.

Mr Harbarth, Member of the Bundestag since 2009, was a deputy chairman of the Conservative parliamentary group (“CDU/CSU”), the largest in the German Bundestag, and was also practicing as a lawyer. In the latter function, he was managing partner of the law firm SZA Schilling Zutt & Anschütz and was among the Members of Parliament with the highest additional income. In view of his election as a BVerfG judge and the resulting statutory incompatibilities (cf. sec. 3(4)1 Act on the BVerfG [“BVerfGG”]), he has meanwhile resigned from his seat in the Bundestag and suspended his admission to the bar; he has also departed from the aforementioned law firm.


This was publicly mentioned yesterday by Benjamin Henrion (FFII) on a couple of occasions [1, 2]: "A Unitary Patent Court public consultation in Germany was denied/postponed thanks to Mr Harbarth, a CDU/CSU politician that is now becoming member of the Constittutional [sic] Court, that has to rule on the Stjerna's complaint! Insane! [...] UPC German Constitutional Court now infected by patent believers "In the past, Mr Harbarth has strongly supported the European patent reform"..."

"It is also worth remembering that a UPC booster, Dr. Ernst, got a high-paying job (Vice-President) by appeasing Battistelli and then Campinos."Are we seeing interest groups walking in the courtroom? Seeing what they previously did in the Bundestag, it would not even be their biggest scandal to date.

It is also worth remembering that a UPC booster, Dr. Ernst, got a high-paying job (Vice-President) by appeasing Battistelli and then Campinos. He started the job a month ago, becoming subservient after being a fake 'boss' to these two Frenchmen, who are connected to Team UPC. This picture says it all because a very major booster of UPC was all along Michel Barnier (shown below with his fellow Frenchmen):

The three Frenchmen



It's all about vested interests. The three Frenchmen above have plenty to gain by tilting the court into French presidency (allocated to France, with some rumours about Battistelli being 'reserved' for the job). This brings us to the following new comment from Kluwer Patent Blog:

...do not underestimate AC members. AC members may do more than cashing allowance and perks. Some have been smarter and taken their position to advantage to reach top management positions within the EPO.

An interesting case in the history of the relationship between the AC and EPO management is the turning down of the EPO proposal for 3-year deferred examination by the AC. The reason was money : by prolonging pendency, the proposal would have enabled the EPO to collect renewal fees for a longer time, and as you know, the EPO gets 100% of renewal fees for pending applications while it gets only 50% of renewal fees collected by member states after grant.

The EPO has recently launched a new online consultation on this topic, apparently to prepare for a new bid to the AC. It remains to be seen what will be the position of the current president.


The EPO is a corrupt institution; Team UPC is looking to benefit from corruption because all it cares about is increasing the amount of litigation and lowering the patent bar (closely related and correlated to this). What better way than to write the law themselves and put their moles in charge of the entire system, including courts at multiple levels? There's plenty of money at stake and lawyers wish to tax the public as much as possible.

Recent Techrights' Posts

Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
 
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026