Bonum Certa Men Certa

The EPO's War on the Convention on the Grant of European Patents 2000 (EPC 2000), Not Just Brexit, Kills the Unitary Patent (UP/UPC) and Dooms Justice

1600 Gamer @ Berne Switzerland



Summary: Team UPC continues to ignore the utter failures that have led to lawlessness at the EPO, attributing the demise of the Unified Patent Court (UPC) to Brexit alone and pretending that it's not even a problem

EUROPE'S second-largest institution, especially under the Battistelli/Campinos autocracy, disobeys the EPC every single day. Many people -- the "general public" as one might call them -- don't understand the severity of this. The EPC is like the 'constitution' of the European patent system. It's what gave it its authority, so it's like a founding document. How would people react if the nuclear safety agencies actively sought to undermine regulations?



"How would people react if the nuclear safety agencies actively sought to undermine regulations?"Fake patents are nowadays nonchalantly being granted by the European Patent Office (EPO); it's causing chaos. Examiners too warn about this. Illegal patents are then followed by illegality and prevention of essential medicine reaching the market, essential software being written and so on.

Yesterday we saw this new press release about a bunch of patents that had been invalidated only owing to UK High Court intervention (legal fights at this level are very pricey). We wrote about this dispute before and here's the latest:

Estar Technologies Ltd. (Estar Medical) announced today that Regenlab failed to pay legal costs resulting from two orders made by the UK High Court (Patent Court). The Patent Court awarded Estar Medical extensive legal costs after it revoked the Regenlab PRP patent in its entirety. Regenlab claims it is unable to pay the ordered costs because its access to cashflow is "very limited" and a "restricted amount of liquid funds available". Regenlab originally asked the Patent Court, in a witness statement submitted by its legal counsel, Mr. Andreas Pigni, to defer the payment which "could have a 'domino effect' on the viability of [its] business" and "would impact on Regen's business in a way that would be difficult to quantify financially but is likely to be substantial and would take significant time for Regen to recover its position".

The Patent Court judgment is in line with the decision of the Opposition Division of the European Patent Office (EPO) which also revoked Regenlab PRP patent in its entirety for lack of novelty and added mater. The EPO and UK judgments add to Estar Medical's winning the infringement claim in Germany last year and the venue judgment in Federal Court in New York in which Regenlab also lost against Estar Medical.


Why are such patents being granted in the first place? It's only good for lawyers, not for anybody else.

The EPO's management carries on walking ahead as if nothing is wrong. They don't listen to anyone who blows the whistle, either internally and externally. To make matters worse, the EPO squashes all sources of possible dissent, including supposedly independent branches whose purpose (as envisioned by the EPC) was to regulate, criticise and offer oversight. The EPO just ceased functioning like it was supposed to. It's uncontrolled and out of control.

"The EPO's management carries on walking ahead as if nothing is wrong. They don't listen to anyone who blows the whistle, either internally and externally.""A Decision of the Supervisory Board amending Rule 25 of the Implementing provisions to the Regulation on the European qualifying examination for professional representatives has been published in the Official Journal," Roel van Woudenberg notes. His blog is about 'entry level' stuff for the EPO, which disobeys the EPC. These people may enjoy plenty of frivolous litigation in years to come, but we know at whose expense.

Earlier this week HGF Limited weighed in on the EPO's Enlarged Board of Appeal with its oftentimes ludicrous composition. Here is its decision, published originally in French:

The decision of case G01/18 has recently been published in French by the EPO's Enlarged Board of Appeal (EBoA). The conclusion reached was that late payment of the appeal fee and/or late filing of the notice of appeal results in the appeal being deemed not filed.

[...]

Importantly, this decision provides clarity regarding the status of an appeal and the reimbursement of an appeal fee under the above-explained circumstances. Whilst a surprisingly large number of appeals boards (including one enlarged board in R02/10) had previously found that an appeal should be treated as inadmissible under one of the above-described scenarios, the consequence of these (now determined to be incorrect) rulings was that the appeal fee (€2,255 as of time of writing) was not reimbursed in those cases. Accordingly, the only damage to the prospective appellants in each of the 'minority' case law cases due to this misinterpretation of the EPC was financial, with no rights having actually been lost as a consequence. This decision should prevent boards of appeal from taking decisions in future which would deny a refund of the appeal fee under any of the above-described circumstances, whilst also drawing a line under the divergence that had developed in this area of (seemingly) straightforward case law.

Meanwhile, there does not appear to be any rhyme or reason as to why so many appeal boards previously decided that an appeal should be deemed inadmissible rather than not filed under one of the above-explained circumstances. For example, there is arguably a difference between the text of Article 108 EPC depending on the language in which it is read (with the English text more clearly connecting non-filing with failure to meet the two month deadline). However, most of the minority case law decisions were published in English and, therefore, it seems unlikely that the divergence on case law regarding interpretation of Article 108 EPC has been based on differences in translation. Furthermore, the minority case law spans nearly a quarter of a century, with little or no cross-over of Appeal Board members from one case to another.


Scheduled to look into software patents in Europe (or simulations on a computer), this Board is very unlikely to rule in a way that irks the Office. What good are appeal boards that are basically threatened by those whom they're supposed to disagree with?

"What good are appeal boards that are basically threatened by those whom they're supposed to disagree with?"The above issues are very much visible to and are well understood by the German FCC, which has been stalling decision on UPC/A for about 2 years now. As was clarified recently, there should be no expectation of a decision being reached any time soon. Probably not this year, either...

One can expect Team UPC to twist what was said; it has been doing that for half a decade and it is still lying and making up 'the facts'. Complete and utter distortion of what was actually said can be seen here: [via]

The federal government is currently suggesting that it will wait for Brexit before the Unified Patent Court (UPC) is allowed to start [sic]. This is the result of an answer to a question from the FDP parliamentary group. In our opinion, however, the Federal Government is firmly bound to the will of Parliament and must implement the Ratification Act with the signature of the Federal President without delay.


Complete nonsense. Lots of lies in that one single paragraph, but that's the usual from Team UPC. There are many barriers facing the UPC, not only in Germany (several raised in the complaint, at least four!) but in other countries as well. Of course Team UPC pretends it's as simple as "Brexit happens, then UPC!" and "everybody wants it!!!"

"All those law firms that lobby heavily for the UPC basically say (not out loud), "to hell with the law, to hell with constitutions. WE. WANT. MONEY!" Just like the EPO's management."The false perception and bogus narratives surrounding UPC are partly due to pro-UPC events, funded in part by the EPO and set up by think tanks. Managing IP did several of those, as did IAM. There are similar think tanks in the US, doing the same thing to influence the U.S. Patent and Trademark Office (USPTO). In the case of the EPO, it went as far as funding pro-UPC events in the US (another continent!).

Earlier this week we saw this latest nonsense called "IP STARS" -- the paid-for/fake endorsement from a think tank of litigation firms and patent trolls. They're sponsors of Managing IP, a publisher as well as lobbying front that does biased events with stacked panels.

What's troubling about all this is that the UPC is unconstitutional and it's also impeded by gross violations of the EPC. All those law firms that lobby heavily for the UPC basically say (not out loud), "to hell with the law, to hell with constitutions. WE. WANT. MONEY!" Just like the EPO's management.

Recent Techrights' Posts

Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
 
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026
SLAPP Censorship - Part 16 Out of 200: Detailing the Actors and Explaining Techrights' Own Internet Relay Chat (IRC) Network
For those who have not followed our story
Microsoft "hiding behind bigger news of war, Epstein, other companies' layoffs"
They know what's coming, they just don't know when
Joerg Jaspert (Debian Account Manager/DAM) personally approved Raphael Hertzog's wife Sophie Brun
Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
Spoiler: Diversity & Debian means different things to different people
Reprinted with permission from Daniel Pocock
Solicitors Regulation Authority (SRA) Admits Failures and Criticism of Inaction on SLAPPs
many if not all solicitors and solicitor firms in the UK are in effect unregulated
Archiving or Preserving Pages About IBM Layoffs
Layoffs at IBM and the media does not talk about these
ABC, the American National Broadcaster, "Now Publishes Slop"
If the "big media" absorbs slop, it'll no longer be trusted and therefore not read/watched by the public
Links 19/03/2026: Culling Deepfakes of Artists’ Music and "Age Verification Isn’t the Answer"
Links for the day
Gemini Links 19/03/2026: "Aktion GPT-4" and "Kill All Descendants"
Links for the day
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day