Bonum Certa Men Certa

EPO Management Already Meddles in (Illegally and in Clear Violation of the EPC) BoA Cases. Now It Does the Same to Bundesverfassungsgericht (FCC, Germany's Constitutional Court).

Judges afraid of me? OOPS!



Summary: Germany's Federal Constitutional Court (FCC) cannot be left alone by Team UPC, its media front groups (or pressure groups with publication as a weapon) and the EPO's active 'harassment' of those assessing legality; this merely reinforces many people's negative views (the EPO operating outside the rule of laws which govern it)

THE recent setbacks for the UPC must have gotten the litigation firms in Munich (or its suburbs) rather nervous. More and more of them now realise that the UPC will never come about.



"That’s like the U.S. Patent and Trademark Office (USPTO) lobbying SCOTUS by lying to it on the (non)issue of 35 U.S.C. €§ 101. What would the judges think and feel?"European Patent Office (EPO) President António Campinos is already meddling in a case regarding software patents in Europe, which are illegal. He has leverage over the already-terrified judges, who were collectively bullied and punished by Battistelli, the man who gave Campinos this job. Their location in Haar doesn't give them safety, it merely gives them a warning (from the President of the Office). You're one stone-throw away from a “difficult legacy”...

Looking at the latest replies to one article about the truly ridiculous late Friday press release, we now see "The Convention watchdog" stating:

The wishes expressed by the EPO and its Administrative Council which outcome they expect from pending proceedings may influence the Boards of Appeal in their decisions. This approach will certainly not work with the Bundesverfassungsgericht.


That's like the U.S. Patent and Trademark Office (USPTO) lobbying SCOTUS by lying to it on the (non)issue of 35 U.S.C. €§ 101. What would the judges think and feel?

Another comment alludes to the EPO's repeated lies about SMEs and the UPC's effect on them:

High costs and lengthy proceedings make the EPO route objectively challenging for SMEs. There are reasons for the continued reliance on national filings and alternative tools when they are available, such as utility models in Germany.

If the EPO really wants to be on par with other prominent patent systems in terms of attractiveness for SMEs, why not look at a 50% reduction of all fees for SMEs and individual applicants, as in the US ?


"MaxDrei", apparently a retired patent attorney, already envisions the UPCA process being rebooted, this time without the UK (this can take years; drafting, discussion, ratifications and so on -- in the face of growing resistance in more EU member states):

Just a thought, but could it be, that departure of the UK from the EU will ease re-negotiation of the UPC, allowing it to come into force sooner rather than later (or not at all).

I mean, lawyers in England find it so hard to reconcile their system of law with that on the European mainland. And civil law practitioners from the remainder of the EU, in discussion with nit-picking English lawyers, find it hard to appreciate where those English lawyers are “coming from”.

True, the Republic of Ireland also has English law but RI is a relatively small EU Member State, with no delusions that it is the true carrier of the flame, the fount of all logic, and all nations in Western Europe should follow its lead.

So, from now on, legal discussions between the 27 remaining EU Member States, on all legal issues, not just patents, should proceed more smoothly and efficiently. That would go wider, extending for example to any legal discussions between the EU and any or all of China, Japan, Korea.

Meanwhile, lawyers in England will be more free to get into a warm and self-congratulatory huddle with their cousins in the USA.


Based on documents published by Corbyn (they had been published elsewhere beforehand) just before the latest election, the US has some plans.

All these issues aren't properly explored by IP Kat anymore; the team there has changed profoundly. It's not hard to see that today's EPO is lawless and it disregards the EPC in a lot of ways, but all IP Kat had to say this past week boiled down to book promotion -- a book called "A Practitioner's Guide to European Patent Law"; is the law even followed? "The book's approach consists of summarizing national and EPO case law for each of the 14 (plus one, see below) topics," it said, "and identifying the common principles. To make the task manageable, the book limits the analysis to four (arguably the most influential) European jurisdictions: England and Wales, France, Germany and the Netherlands."

Yesterday we saw also IAM, which had been paid by the EPO to promote and lobby for UPC, saying that "The EU should not contemplate abandoning the Unified Patent Court system" (that's just typical IAM).

Joff Wild posted as "opinion" these thoughts:

Earlier this week the UK Prime Minister Boris Johnson played host to the new President of the European Commission, Ursula von der Leyen. As is usually the case with such meetings, it was followed by an official communiqué from the British government giving its account of what was discussed. The document issued totalled a few paragraphs, one of which read:

The PM was clear that the UK would not extend the Implementation Period beyond 31 December 2020; and that any future partnership must not involve any kind of alignment or ECJ jurisdiction …


Only a day or two later the EPO issued the ridiculous press release, which has so far received nothing but condemnation in comments we saw about it. It's delusional. ⬆

Recent Techrights' Posts

Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
 
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026