Bonum Certa Men Certa

The Attack on the Independence of the European Judges Has Apparently Expanded to the German Constitutional Court (Bundesverfassungsgericht)

What happens if Team UPC has shrewdly added its members to the German court that is set to decide on UPC?

Stephan Harbarth



Summary: Questions and doubts linger over the future (or lack thereof) of the Unified Patent Court (UPC); the addition of Stephan Harbarth, however, is rather disturbing as he might become the court's president in a couple of years and his bias/self-interest is a matter of public record

THE European Patent Office (EPO) does not mention the UPC anymore. Almost never. Seeing the potential scandal over a judge's or future president's appointment, they might be wise to say nothing. We've been researching this further and it looks rather ugly; we only abstain from commenting any further because there's no clear evidence of malice just yet. Might this explain fabricated (albeit false) rumours from Team UPC? They have gotten really desperate.



"The UK can stay in the EPO, but the UPC does not exist and even if it did exist, Britain would be unable to become part of it."Yesterday Lexology published this piece titled "German Constitutional Complaint Against the UPC Agreement"; Weickmann & Weickmann's Dr. Markus Herzog oversimplifies this; Hungarian courts would reject the UPC too as it was found to be unconstitutional (by a high court) so Germany isn't the final stop, Brexit notwithstanding as well. This is the latest spinner of many Team UPC spinners and we watch this closely (as we do Stephan Harbarth).

Yesterday we saw this article from IPPro Magazine's Ben Wodecki, who obviously misses the point that the UPC is practically dead (bar incredible mischief) and therefore there's nothing left for the UK to seek participation in. Wodecki wrote this:

Once the UK leaves the EU, it says it will continue to seek participation the Unified Patent Court and Unitary Patent system and will continue to cooperate in relation to IP within existing multilateral treaties.


The UK can stay in the EPO, but the UPC does not exist and even if it did exist, Britain would be unable to become part of it. Seeing the corruption associated with Battistelli's attack on judges -- an attack perpetuated by António Campinos -- the Constitutional Court in Germany is expected to ultimately reject UPC/A. Does Team UPC have some trick in the making? Might Stephan Harbarth be part of it? His past statements associate him with Team UPC (he publicly lied about the prospects of UPC while working for a private firm), so he is not an independent observer. He was well paid by those with interest (and investment) in the UPC. He wore "two hats" and received almost the most money while in Parliament (from a private firm).

Managing Intellectual Property, an EPO-connected UPC propaganda site, has meanwhile published another marketing piece from Inspicos P/S. It's about the EPO's appeal boards that still lack independence and to quote (with repetition highlighted):

EPO: Appeal board of EPO provides guidance on amendments filed late



In opposition proceedings before the EPO, the formal admissibility of amendments filed late by proprietors is a frequently debated topic and differently decided on. A recent appeal decision, T 500/15, reiterates the criteria for the assessment of admissibility of amendments that are filed late and the specific criteria the competent departments of the EPO should apply when exercising their discretionary powers with regard to admissibility.



[...]

In the subsequent second instance proceedings, the appeal board entrusted with the matter came to the conclusion in decision T 500/15 that the first instance department had not adequately exercised its discretionary powers with regard to the admissibility of the amended claims.



We can quite frankly relate to the appeal boards for two reasons: 1) Team UPC is trying to make them redundant (destroying their very role); 2) Team Battistelli constantly attacks their independence, thus discrediting the perceived legitimacy of their decisions. We might soon see the Constitutional Court in Germany suffering a similar problem (discredited legitimacy because of the addition of Stephan Harbarth).

It's really a shame that Europe's patent system -- once among the best in the world (if not the best) -- became so chaotic. Yesterday we saw this outline of a new Federal Circuit case where it fought back, successfully, against patent maximalists (they like to smear these technical judges, but they cannot fire them or cause resignations). They cited European Patent Application Publication No. 0 094 161:

Last week, in In re Ikeda Food Research Co., the Federal Circuit affirmed a decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board affirming the Examiner's rejection in an ex parte reexamination of claims 22 and 23 of U.S. Application No. 12/851,668 for obviousness. On appeal before the Board, the challenged claims were found obvious in view of three references: European Patent Application Publication No. 0 094 161 ("Senior") and U.S. Patent Nos. 6,656,702 ("Yugawa A") and 6,059,946 ("Yugawa B").


As readers know, we've stopped covering US affairs except if (and when) we see threat of a software patents comeback over there. Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) continue unabated (patent maximalists report figures for 2019 and it's roughly the same as before) and 35 U.S.C. €§ 101 remains largely the same, in lieu with SCOTUS. It's actually the EPO that now poses a a threat of software patents resurgence. Their plan has, perhaps all along, been to bypass national patent courts with the UPC, extending the EPO's position on bogus, abstract patents to judges as well. We cannot let that happen. It would severely harm Europe.

As Dr. Ingve Björn Stjerna put it a month ago: "Will Mr Harbarth’s commitment to the European patent reform [sic] be continued at the BVerfG?" (Bundesverfassungsgericht)

Based on our readings, before even reaching the age of 50 this man already has quite a few scandals under his belt.

Recent Techrights' Posts

SLAPP Censorship - Part 194 Out of 200: The Court Needs to Also Look Into Microsoft-Controlled Restricted Boot Advanced by An American (Garrett) to Promote Monopoly and Back Doors Everywhere
Kill switch sold as 'security' is like euthanasia sold as a cure
Linux Kernel Becoming a Slopfest - Part 7 - Infested With or Plagued by Bot-Generated Slop, Committed by Microsofters
Slop is a security threat; even the person committing slop to Linux might not be aware that there's a back/bug door in the code
Edward Snowden Lost His Voice, Then His Leaks Lost Exposure (Access Denied)
When states want to deny people access to some information they have many tools at hand
 
There Are Likely Over a Thousand Internet Relay Chat (IRC) Networks Online, Net Gain of 16 Seen This Month by Andreas Gelhausen's netsplit.de
It's good that they're still tracking that sort of stuff
SLAPP Censorship - Part 195 Out of 200: Two Years Since Garrett, Graveley and Lozza Worked in Parallel to Censor Techrights
It began in September 2024, shortly after we had sued Garrett
Linux Kernel Becoming a Slopfest - Part 8 - In Conclusion
this can invite more SCO-like problems in the future
Germany, Like Switzerland, Will Dump Microsoft's Proprietary Software and Disservices, Then Dump Windows for GNU/Linux
This impacts not only the Windows revenue; this corrodes any "rents" Microsoft was getting from "subscriptions"
Microsoft Shuts Down More Studios, Morale Low, More Mass Layoffs Ahead of Reports
They pretend it's not happening or that it's a lot smaller than it actually is
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 22, 2026
IRC logs for Tuesday, September 22, 2026
Gemini Links 23/09/2026: Ljubljana, Poetry, and FORTRAN
Links for the day
The EPO's Central Staff Committee (CSC) Shows Job Insecurity at Europe's Second-Largest Institution
Who would want to join a company with such low job security?
There Are Thousands More Microsoft Layoffs (Including Silent Layoffs), Not Hundreds
Microsoft does have layoffs and today is no exception (except Microsoft talks about it)
Gemini Links 22/09/2026: Disability Studies, Slop Boosters, and TkInter
Links for the day
Links 22/09/2026: Flock is Collapsing Amid Mass Backlash and Internet Society Collaborates With the 'Epstein Class' (Trafficking of Women)
Links for the day
Raspberry Pi Has Microsoft Secrets Inside, Now DRM
now we deal with SBCs that have DRM in them, put there for commercial reasons
2 Hours Ago The Register MS Published a Page That Says "AI" 42 Times Because It Was Paid to Do So
Still inflating the bubble for money
Gemini Links 22/09/2026: Scout Night, Cybernetic Capitalism, and Thoughts on Companies Forcing People to Adopt Plagiarism Engines
Links for the day
Links 22/09/2026: "An Arsenal of Surveillance" and Slop Bots Suggest Starting Wars
Links for the day
SLAPP Censorship - Part 193 Out of 200: Breaks GNU and Linux, Tries to Silence Critics, Loses All Money, Looks for Microsoft Allies and Sponsors
The latest emotional knee-jerk reactions serve to confirm what we have long said
Things Will Only Get Better (as We Go Backwards)
It only gets better. If you go back in time.
UK High Court Shows SRA is Totally Useless in Curbing SLAPPs, This Has Impact on Our Reporting on the SRA Next Week
We'll carry on our coverage and soon finish the current series that so we can get on with more time-sensitive ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 21, 2026
IRC logs for Monday, September 21, 2026
Links 21/09/2026: "Lies of the Hey Hi (AI) Industry" and Solar Power Is Getting Cheap
Links for the day
Gemini Links 21/09/2026: Equinox and Beginner's Guide to Gemini
Links for the day
Links 21/09/2026: "Back On My Bicycle" and American Regime's War on Media Escalates Further
Links for the day
SLAPP Censorship - Part 192 Out of 200: The Hired Guns of Garrett and Graveley Sent Us USB Sticks (One to Me, One to My Wife) Showing Lozza Talking to Garrett About Censoring/Deplatforming Techrights the Same Time Graveley Was Copy-Pasting Garrett's Lawsuit
Next year we plan to bring this matter to the Court of Appeal
Linux Kernel Becoming a Slopfest - Part 6 - Seeing Who Contaminates Linux With Slop (And Also Admits It)
Today we begin looking at some culprits
2026: The Year Galleries Realised the Need to Flag or Cull Slop Images
Society needs to shun slopfarms, people who use LLM slop (for anything at all), companies that use bots (which they dub "agents"), and so-called 'coders' who volley garbage into project and software hubs
Software Freedom Day Celebrated in 5 or 6 Continent
Software Freedom Day (SFD) 2026 was big this year
SLAPP Censorship - Part 191 Out of 200: Garrett, Graveley and Lozza
They talk to and coordinate with one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 20, 2026
IRC logs for Sunday, September 20, 2026
Gemini Links 21/09/2026: Digital Hoarder, GTD, Minimalism vs Digital Minimalism, Rejection of LLMs
Links for the day