Bonum Certa Men Certa

Professor Dr. Maximilian Haedicke on Lack of Separation of Powers at the EPO (Which Dooms UPC)

"Truth is treason in the empire of lies."

Or: Truth is sunshine to the vampires of lies.

Amazing sunlight



Summary: Team UPC ("empire of lies") is catching up with reality; no matter how hard media has attempted to not cover EPO scandals (after the EPO paid and threatened many publishers that tried), it remains very much apparent that EPOnia is like a theocracy that cannot be trusted with anything

WE CAN quite safely assume that most examiners at the European Patent Office (EPO) aren't happy with the direction the Office has taken. Staff surveys have repeatedly shown this (with large margins). António Campinos is just more of Battistelli and they carry on lowering patent quality, based on studies they attempt to suppress. They're meanwhile creating new loopholes/routes to software patenting in Europe and striving to replace 'naughty' European courts (that 'dare' oppose such patents) with something more 'obedient' or complicit. EPO judges are casualties as they're being terrorised to the point where it's dangerous (to one's career) to oppose patent maximalists. Only weeks ago we saw Campinos intervening in favour of software patents. He made remarks about an important upcoming case. Does he not have something better to do (than meddling in legal matters he lacks technical qualifications in)?



"Only weeks ago we saw Campinos intervening in favour of software patents. He made remarks about an important upcoming case."Who's in charge of the EPO? Certainly not the law or judges who enforce/review that law. A politician from France/Portugal calls all the shots. These aren't scientists but politicians! Nontechnical autocrats, people who keep calling patents "property" yet again (they're not property). "You mean patents," I told them last night. They never respond. On they go with joint EUIPO lies (now 3 weeks of that disgraced "IP" 'study', tweeted and retweeted every single day). Pure pseudoscience and an insult to facts.

Should we be surprised that several nations -- not just Germany -- openly oppose the handover of patent courts to EPOnia? Or that scholars issue strongly-worded criticisms when they're not on the EPO's payroll?

"Should we be surprised that several nations -- not just Germany -- openly oppose the handover of patent courts to EPOnia?"Team UPC hardcores (apparently a Brit in Munich) are tweeting (quoting) that "rule of law within the EPOrg are criticised. This question is further explosive against the background of the equally pending constitutional complaint against the Unified Patent System."

Tweets aren't journalism, but this is a translation of a journal. This thread in full says: "Potential impact of G3/19 on DE constitutional complaints; UPC? Prof. Haedicke, GRURInt 2019, 885 on referral G3/19 (from orig German): "This conflict, however, is about much more than the question of the interpretation of A53(b) EPC. It makes it clear that the [EPO President] and the AC seem to have a different understanding of the relationship between the institutions of the EPOrg than the Boards of Appeal. The scope of the judicial control over legislative acts of the AC and the degree to which the AC is bound by the [...] interpretation of the EPC rules by the BoA are controversial. In question is the power of the judiciary to take binding decisions on the interpretation of the EPC which go beyond the individual case. Also affected is the role of the President of the EPO and the system of [...] checks and balances within the EPOrg resulting from the separation of powers.[…] The effects of this dispute thus extend far beyond the concrete question of fact. If the AC were able to change the case law of the Enlarged BoA in order to extend its binding force beyond the [...] individual case, this would enhance the position of the AC, significantly weaken the BoA & strengthen the position of the critics of the EPC to its detriment. The referral may also have consequences for several pending constitutional complaints in which shortcomings in the [...] rule of law within the EPOrg are criticised. This question is further explosive against the background of the equally pending constitutional complaint against the Unified Patent System. It is of great importance to ensure that the relationship between the AC and the BoA [...] complies with principles of the rule of law.”

"It doesn't matter what some lawyers and politicians at the EPO (and around it) say; at the end of the day the issue is now in the hands of judges the EPO does not control (perhaps with the exception of Stephan Harbarth)."The litigation 'industry' refuses to let UPC/Unitary Patent die. Herbert Smith Freehills LLP still mentions it in relation to Brexit (and promoted its take on it earlier this week).

It doesn't matter what some lawyers and politicians at the EPO (and around it) say; at the end of the day the issue is now in the hands of judges the EPO does not control (perhaps with the exception of Stephan Harbarth).

Widespread condemnation or popular uprise won't be possible (as happened with the EU copyright directive) if media refuses to cover it.

Recent Techrights' Posts

Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
 
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025
"Victory Day" - Part II: Abject Defeat to Hypocrites and Objectionable People Who Strangle Women Whilst on Microsoft's Payroll
Someone is going to have to pay for this; it won't be us
Rust Propaganda Now Amplified by Slopfarms Powered by Microsoft LLMs, Encouraging the Outsourcing of GNU/Linux Distros to Microsoft/GitHub/NSA (and a Shift Away From GPL/Copyleft)
Moving to Microsoft GitHub and adopting unfinished, untested code for highly critical bits
Links 09/05/2025: Inflation Rising and Rights to Protest Curtailed Some More
Links for the day
Gemini Links 09/05/2025: Good and Evil, LLMs Made the Web Worse Yet Again
Links for the day
IBM is Rotting With "Zero Internal Jobs" and Many PIPs (Performance Improvement Plans) on the Way, Typically a Fast Track Towards Layoffs Without Severance
At risk of giving air(time) to tribal sentiments, the internal joke at IBM is that to IBM "AI" stands for "All Indian"
European Patent Office (EPO) Faked "Revenue Expansion" by Granting Loads of Invalid, Illegal Patents; Staff Still Wants to Know Where That Money Went
Only about 30% of the EPO's patents are for EU entities/people
The Gerstnerisation of Microsoft: Seventh Wave of Microsoft Layoffs (Over 20,000 to be Cut) Allegedly Going to Start Shortly, Probably Start of Next Week, Microsoft Spreads Chaff and Noise Before the Big Axes Fall
we might be looking at about 50,000 people that Microsoft gets rid of this year
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025