Bonum Certa Men Certa

Internal Error: Unified Patent Court and Unitary Patent Incompatible With the Constitution and Basic Laws

Internal Error: 500



Summary: The FFII has issued a statement for Members of the Bundestag, Members of the European Parliament, Members of the Council, German Presidency of the EU, Chancellor Merkel, Commissioner Von Der Leyen, Commissioner Reynders, and Battistelli's buddy Breton

TWO days ago we wrote about the latest claim from Team UPC, later pointing out that many scholars across Europe line up and stand in Team UPC's way. The EPO (Office) hardly even mentions the UPC and the Council barely touched the subject. Miraculous leaps of faith are required to "believe" in the UPC.



"Saying that UPC/A can still be ratified and be started is akin to saying (at this point) that Donald Trump will overturn the election results and remain President until 2024."UPC won't materialise for a lot of reasons, not just a list of constitutional complaints and withdrawals. Team UPC has a long tradition of lying about the UPC; it's all about money and saving face (they made false promises to clients). Some "core people" of Team UPC are about to become unemployed and they know it. They just try to buy another month or two.

AceIs the UPC about to become a reality? Been there, done that, seen that... they always say it'll come Real Soon™ or Almost There€®.

How many times? Dozens if not hundreds.

Two years ago they told us it was imminent (just before the end of 2018).

It was a lie. Fabrication.

Just to be sure the lid stays shut, the following statement has just been published by the FFII (a few hours ago) to say:

FFII e.V. is a pan-European alliance of software companies and independent software developers, defending the rights to a free and competitive software creation since 1999. Over the years, more then 3,000 software companies accross Europe have supported our calls against software patenting, among which 1,100 German ones. With the Unitary Patent project, we are at the third attempt to validate software patents in Europe. The previous 2 first attempts to change the law (EPC2000 and the 2005 software patent directive) failed.

This Wednesday 25th november 2020, the Legal Affairs committee of the Bundestag will vote on the ratification by Germany of the Unitary Patent and its Court [ref1]. In a series of answers to questions asked by the Free Democratic Party (FDP) [ref2] [ref3], the German Ministry of Justice Christine Lambrecht (SPD) says that they are “no constitutional problems” with the Unitary Patent and its Court [ref4].

Firstly, on the 22nd of April 2020, the same Legal Affairs committee of the Bundestag voted [ref5] to participate in the legal proceedings in front of the German Federal Constitutional Court (GFCC) in Karlsruhe, on cases related to the question inter alia of impossibility to sue the administration (the EPO) in front of the courts for maladministration. The possibility to sue an administrative body, such as the EPO, for maladministration before the courts is one of the fundamental pillar of our western democracies, also called the “Rule of Law” (TFEU art2) and is a categorical constitutional guarantee (i.e judicial review of administrative acts). This applies also to the institutional possibility, under the requisite constitutional system of separation of powers, to appeal acts and decisions of administrative bodies (e.g. the EPO), as it can be observed in all national systems and also at the EU level, as with the other intellectual property rights of trademarks and designs, where the decisions of the EUIPO are frequently appealed before the CJEU. In this respect, the constitutional mechanism that sustains the absolutely necessary separation of powers exists for intellectual property rights in the EU (trademarks and designs) but is spectacularly absent from the Unified Patent Court and Unitary Patent institutional arrangement. As they cannot provide such basic constitutional-democratic guarantees, they concern clear unconstitutional arrangements that deprive the patent system in Europe from adequate democratic control and undermine the whole system of the EU, as these constitute blatant constitutional failures that fly in the face of the whole institutional design and function of the EU and of the arrangements and understanding that member states have with the EU. On this basic issue there is now a pan-European academic initiative [ref6] from various EU member states, including from Germany, asking for a legal reform of the the Unified Patent Court in order to restore essential democratic safeguards in its operation, such as those seen in other areas of intellectual property, as pointed out above.

For example, one of those cases relate to the fact that the EPO examiners prefered to go watch a football match of the 2010 FIFA world cup in South Africa instead of hearing an appeal (Wallinger case) [ref7]. In 2012, our association also hit the same problem during our oral opposition at the EPO against Amazon’s One Click Gift patent [ref8]. The EPO refused to provide us a live translation in the language of our choice (spanish in the particular case) [ref9]. We came to the conclusion at the time that the EPO could not be sued for maladministration.

Nevertheless, despite these well known institutional anomalies, some members of the Bundestag and the Ministry of Justice want to go forward with this ratification project, even though there are obvious “constitutional problems”. The Bundestag is now part of the legal proceedings that are active before in front of the Constitutional Court and should have more insight about those particular cases. Those cases on the impossibility to sue the EPO for maladministration were on the agenda of the Court for 2020, but apparently they won’t be decided this year, but early next year in 2021.


As far as we know, FFII isn't the only party prepared to torpedo the whole thing with another complaint. UPC is a dead thing because it's simply not compatible with the law and key stakeholders have already walked away. Saying that UPC/A can still be ratified and be started is akin to saying (at this point) that Donald Trump will overturn the election results and remain President until 2024.

Recent Techrights' Posts

Gemini Links 26/05/2026: A Year of Composting, Fedora Bricks Itself and Infuriates Users With Slop and Wayland (Not What Users Want, What IBM Wants), Crawlers on Geminispace a Nuisance
Links for the day
Good Thing When Home Appliances Are Ancient Antiques
dealing with the alarm has cost only time
The Bloating of the Web Contributes to Global Warming and Causes Burnout (Slowdown, Hardware Erosion, Waste)
This problem isn't limited to weather sites or subsites
Why It's Ludicrous to Call Us "Microsoft Haters"
Even if clustered together, news items still cover a broad spectrum (or spectra) of issues
The Old Ways of Computing Were Objectively Better
Not as fast, but certainly much better
 
Google: We Are Locking You Out of Your Account (Since 15+ Years Ago) Because You Don't Have a Spyphone We Remotely Control
Google (GAFAM) is an evil company deep in debt
Red Hat: Bluewashing by IBM, Followed by RAs (Layoffs)
We could use some hints or evidence related to this
Links 26/05/2026: "Making the Digital Physical"; "The Medical System Abandons Women When They Are Most Vulnerable"
Links for the day
While US Government Greenlights (or Bluelights) Bailouts for IBM Some Foreign Governments Blacklist It
"Albany leadership doesn’t know what they are doing but are damn good at pretending they do."
IBM Bailouts and the IBM People Inside the Administration
It seems possible/plausible that it is bailout money down the drain or that this money will never arrive at all
Links 26/05/2026: Lithium Batteries Causing Fires (Even on Planes), 'Timmy' the Whale Dies
Links for the day
Pursuing Facts in an Age of Lies and 'Hallucinations' (Falsehoods Without Anyone Accountable, They Try Calling Computer-Generated Lies or Forgeries "Intelligence").
Our aim is to relay information while bypassing gossip networks like social control media and slop in "search" clothing
Computer-Generated Legal Filings Get You Reported to the Solicitors Regulation Authority (SRA)
We'll write a lot more about this in the future
EPO "Cocaine Communication Manager" - Part XII - In the Second-Largest Institution in Europe One Can Take Paid 'Sick Leave' for Doing Cocaine, Then Come Back
Cocaine addicts in the management were bullying colleagues. They're still in charge.
Sites in Their Twenties
We currently run concurrently a handful of series and have a lot more in the backlog
SLAPP Censorship - Part 88 Out of 200: Brett Wilson LLP is Defaming Trans People in America Because Garrett Pays Hired Guns to Silence Them
Garrett is scoring many own goals this year
Sloppy "Resource Action," (RA) or IBM Layoff, Leads to Another IBM Lawsuit, Alleging IBM Tries to Pass Liability to Algorithms
IBM is meanwhile resorting to slop to gaslight its remaining shareholders
The Latest IBM Layoff Rumours
What has happened to the company that invented so much of modern computing?
Holy See Recognises the Threat of GAFAM and Slop
Will the Holy See move away from GAFAM?
Social Control Media is a Giant Waste of Time (and There Are No Future Remedies for This)
Social Control Media is considered unhealthy to young people, but it is also collectively unhealthy to nations and nation-building
Codecs and Software Patents - Part X - Florian Müller Still Muddying the Waters for FOSS, Using Software Patents
Some things never change...
Gemini Links 26/05/2026: Slop Bug Reports and Crawlers Considered Evil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 25, 2026
IRC logs for Monday, May 25, 2026
Slop Causes Global Warming
in some parts of the world people die from overheat (heat strokes) as temperatures reach almost 50 degrees as early as May in the northern hemisphere
Vatican Speaks Out Against Slop, Promoting Instead "Truth, Dignity of Work, Social Justice, and Peace."
Religion (no matter which) does not oppose machines, but LLMs aren't useful machines
SLAPP Censorship - Part 87 Out of 200: Access to Justice
this part will be short
A Promise IBM/Red Hat Could Not Keep
"all about control, not so much optics."
Links 25/05/2026: Russia Lobbing Oreshnik Ballistic Missile Again, Slop Comes Under More Fire
Links for the day
Gemini Links 25/05/2026: Injury in Gym and Abusive LLMs DDoSing Software Developers While Misusing Their Code
Links for the day
A 'Bank Holiday' When National Debt Doubles in a Decade
Maybe it's time to rename "Bank Holidays"
Links 25/05/2026: Lingering Environmental Concerns and Domain Registrars Targeted for Unmasking
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 24, 2026
IRC logs for Sunday, May 24, 2026
Gemini Links 24/05/2026: Impressions of Auckland, the Age of Left or Right Extremism, and .zim files
Links for the day
Microsoft's 'Hiring Freeze' (Layoffs) and Salary Freeze (While Inflation Approaches Double-Digit Rates)
If they get replaced by anyone, it'll be low-paid folks in low-salary regions [...] workers' stress levels shoot up, compensation goes down
Slop Will Not End Humanity, The Pushers of It Do (Artificial Scarcities and Global Warming)
Causing hunger and poverty in the name of "computation"
How Can the 'Broligarchs' Love Us When They Don't Even Love Themselves?
Their SLAPPs have their limits
Death at IBM Due to Overwork
Dying for IBM is never worth it
We Publish Less, We Get More Exposure
UbuntuPit is coming to realise that quantity isn't what comes to matter or truly "count", especially when quantity comes at expense of authenticity
Codecs and Software Patents - Part IX - GNU Project Has Chosen to Adopt AV1 for Its Videos, Conversion and Additions Underway
One of our readers is working to help GNU through the maze of software patents and maze of patent lawsuits, which aren't the same thing but are somewhat overlapping issues
SLAPP Censorship - Part 86 Out of 200: The Position of Courts on Computer-Generated Lawsuits and Filings From Another Continent (Made by Two Men Who Work for Slop Companies)
Lawsuits by proxy from California
Links 24/05/2026: SoftBank CEO Getting Conned by Scam Altman, Hotter 2026 and El Nino With Growing Impact
Links for the day
Links 24/05/2026: Ebola Outbreak and "Journalists Identify Murder Victims Of Trump’s Boat Strike Program"
Links for the day
IAM Magazine is in Effect Dead, It's Now Fused Into Microsoft's Patent Troll (Which It Has Promoted All Along)
Microsoft-connected patent trolls in Europe [...] Now, in his new job, Wild can use his 'expertise' to help guide blackmail/extortion to better harm Europe's industry
A Huge Proportion of 'Articles' in The Register MS Are Actually Paid Spam of the Communist Party of China, Selling Compromised (for Wiretapping) Technology
The Register MS is having a go at becoming a marketing company or "B2B"
Top Officials Have Just Left Microsoft, Layoffs in Anything But Name
Microsoft's debt is very fast-growing
Local Staff Committee The Hague (LSCTH) Meets "Alicante Mafia" at the European Patent Office (EPO)
Report on meeting with VP1 and his team on 21 April 2026
UbuntuPit (ubuntupit.com) Has Deleted Slop Pages, Its Slopfarm Experiment Has Failed (Like Always!)
Turning one's site into a slopfarm is a death knell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 23, 2026
IRC logs for Saturday, May 23, 2026