Bonum Certa Men Certa

Team UPC Has Foolishly Given Additional Legal Grounds for Tossing Out the Unitary Patent (Overt Corruption in Appointment of Judges)

Video download link | md5sum 7883d1f871627e75db5be117f0f95bfa Team UPC Shoots Its Own Foot Again Creative Commons Attribution-No Derivative Works 4.0



Summary: Just as complainants have warned for years, the Unified Patent Court (UPC) is a bundle of corruption, wherein law firms sell outcomes by putting their own 'judges' inside a plaintiff-friendly kangaroo court, made in their own image for their own financial objectives instead of actual justice

THE video above and this relatively long post respond to something that 'happened' on Friday (rather, it was coordinated for dissemination by Team UPC and the European Patent Office (EPO) on that date). Don't be misled by the official propaganda (warning: epo.org link) because nothing concrete happened, it's just a lobbying tactic. It's explained in the video above. We should remind readers, perpetually if needed, that the UPC is invalid/illegal/defunct. It's not permitted to proceed, but we live in bizarre times when the law does not seem to matter and constitutions get discarded as 'irrelevant' for standing in the way of large, ambitious business people.



We believe it was timed for a Friday to lessen/hide the extent of the corruption/conflicts, but it's hard to prove that without access to leaked communications. Got some inside(r) information? Please consider contacting us!

"We believe it was timed for a Friday to lessen/hide the extent of the corruption/conflicts, but it's hard to prove that without access to leaked communications."More than 7 years ago Benoît Battistelli said the UPC was imminent and António Campinos lied about it last month. Remember: the UPC is always "next year" (since at least eight years ago).

What we are witnessing right now is quite a spectacle because it's amazing how Team UPC tries to appoint judges who are in fact working for private patent companies. It's so easy to see; this is going to go up in flames as soon as it commences (if ever). To make matters worse for Team UPC, now there is more material by which to challenge the whole system called "UPC". The complaints previously filed against it were correct and the complainants are vindicated. We'll come to this in a moment...

A long time ago (nearly 50 years!) the European Patent Convention (EPC) was meant to improve the European patent system, as parties needed to apply for patents in pertinent states in Europe, then enforce patents in each state individually. Is that a bad thing? It depends.

The main issue with the UPC is, the thing was drafted and promoted by particular interest groups. It's a proposal put forth by patent maximalists and profiteers, not scientists. One thing to bear in mind is that these people lie a lot! We always felt "behind" because they exaggerated their progress, but once the actual facts were checked, it turned out predictions were false and some signs of progress were in fact fabricated. We gave many examples.

"As a pro-EU person myself, this worries me greatly because Team UPC is hijacking the politicians and in the process Team UPC discredits the European system, including the EU. The same is true for the EPO."What's the latest supposed 'progress'? Merely a list of people. For a 'court' that does not exist! A court that cannot legally exist! We've been there before, even more than half a decade ago. Simply put, the UPC boosters lie and play psychological games, which means that we need to fight back with facts (basically expose the lies), not just mockery. Team UPC plays dirty, we don't; they say "nice guys finish last", so we should not remain exceedingly polite. As the comments shown in the video help illuminate, Team UPC is already name-calling UPC critics. We're dealing with a bunch of thugs here -- people who moreover seek to violate constitutions and break laws.

As a pro-EU person myself, this worries me greatly because Team UPC is hijacking the politicians and in the process Team UPC discredits the European system, including the EU. The same is true for the EPO. If anything, they help the 'Eurosceptics'. They give them 'ammunition'.

Where is the outrage? Well, maybe not available for comment yet (Friday announcements work like this). "I hope the FFII can help," an associate told us. "Can the FSF be resurrected too? The EFF is a lost cause but there is still an obligation to make a symbolic effort." All three haven't been active, let alone proactive, for years. On the issue of patents, the EFF wrote only one blog post in 50 days. FFII and FSF hardly wrote anything about patents so far this year. That's how bad things have become. The EFF issued not a single press release about patents so far in 2022!

Any sort of 'European Patent Court' (or a EU court for patents) would not necessarily be bad, but UPC isn't it. UPC is a coup, and it is crystal clear to see whose. We'll be contacting some politicians on this matter in the coming days and we remain optimistic. Even if this thing ever started, it might very soon fall apart (when defendants bring it to a high court), but it's important to prevent it from even starting.

"Any sort of 'European Patent Court' (or a EU court for patents) would not necessarily be bad, but UPC isn't it. UPC is a coup, and it is crystal clear to see whose."It's hardly a secret that the "users" of the EPO are big corporations (about 70% of them), not even European ones, and the EPO exists to serve them, not Europe. The same is true for what's left of the so-called 'media'. So don't expect any investigative journalism this week. Expect many lies from patent litigation firms. As for the EPO's site, it has just published (warning: epo.org link) a bunch of fluff that says: "At the opening of the meeting, the Council together with the President of the Office warmly welcomed Montenegro as the 39th member state of the European Patent Organisation. A flag raising ceremony followed outside the EPO's buildings in Munich and The Hague."

Montenegro's human rights record seems compatible with the EPO's, so that's quite apt. Further down it says: "An update on Unitary Patent (UP) protection was then presented by the Chairperson of the Select Committee."

As if they're objective? This is like inviting lobbyists. Then again, the forces behind these monstrosities are corporations, lobbyists, and bought politicians (connected to the former two groups). It's neither about law nor constitutions but just sheer power.

Also published was this buzzwords-filled ("digital transformation") catchphrase blender (warning: epo.org link), trying to pretend this "digital transformation" conforms with the EPC. While outsourcing the EPO to Microsoft et al we're meant to think that nothing wrong is happening. There's nobody actually overseeing the EPO. But this needs to change, surely...

"The UPC is in a state of crisis, at least a crisis of legitimacy."As the video above explains, the UPC is a farce and even patent professionals can see it. They openly talk about it. It's not so much an issue of law (or true justice) if you know the judge or a hire a firm that's friends with the judge and goes to meet the judge down the pub, maybe even offering a favour (bribery).

So some of the concerns previously raised by formal constitutional complaints are realised fully already. They're proven concrete and justified; it's like Randall Rader as the chief of the Federal Circuit; he was effectively ousted after being exposed for this kind of thing (being buddies with patent trolls and having a hidden agenda in his role).

The UPC is in a state of crisis, at least a crisis of legitimacy. Just look what names have been published along with their professional affiliations. They wish to call themselves "judges" while they implement something illegal, causing mockery and a lack of trust in the profession and in the concept of "access to justice" (access to corporations?).

The UPC is in fact not just in a state of crisis as moreover it is causing a constitutional crisis. The former is not important, whereas the latter is very bad. If UPC sets a precedent (that violating constitutions is OK, even in countries like Hungary where the violations were confirmed by courts), then what next? Where does it end?

One reader reminds us that "Grabinski is a pro-European software patents judge, [as] there is an 2019 report from a conference on IP Kat where he says 'as such'..."

For some context on who Grabinksi is (other than the candidate for President of the UPC) and how he relates to the topic in this post see blog posts where he openly exposes his overzealous views on patents. This is more of a patent maximalist than a person resembling a judge. In 2019 Benjamin Henrion said: "Klaus Grabinski (Federal Court of Justice) noted that he is “still confident that the UPC is going to happen.” He expects a decision about the complaint launched at the Federal Constitutional Court to be rendered this year" (this turned out to be false, but he expressed wishes and desires rather than facts). Last week Henrion wrote: "As we predicted, the last word over software patents in Europe will be in the hands of a pro-software patent judge "The Court will be led by Mr Klaus Grabinski (DE)"..."

"No appel to the CJEU is possible," he then added, "as the EU is not signatory of the EPC."

So the UPC is being increasingly exposed for what it truly is while the EPO pressures examiners to violate the EPC and grant 'as such' patents.

We need to make some more noise about the scandals. We urge European readers to contact their MEPs.

The evidence is easy to see and to show people. Search for "airbus" here and read these comments too (they're shown in the video above).

If readers do choose to contact an MEP or several MEPs (I sure will do so myself later this week), be sure to remind them what's at stake, not just the illegality of the matter. "The European Patent Contention did improve things," an associate told us, "and it should be stated (yet again) for emphasis what it prohibits (hint: software patents). Yes, that can risk being repetitive but the aspects can vary each time and it is very important that the posts kind of be able to stand on their own."

Don't assume MEPs truly understand what patents are and how they really work. A proper introduction is needed, and preferably without terms like "IP" (which are intentionally misleading).

Recent Techrights' Posts

IBM Eliminating Over 20,000 IBM Workers by Year's End, Insiders Claim
the layoffs are silent
The Register MS Publishes More Word Salads Promoting "AI" Because It's Paid to Do So
Hype, name-dropping, and scaremongering
 
In the United Kingdom You Can No Longer Make the Assumption People Use Windows (or 'Smart' 'Phone')
As autumn arrives Microsoft faces a crisis
SLAPP Censorship - Part 171 Out of 200: Talking About Corruption and Violence Against Women
Today the Labour Party (UK) speaks about corruption
Warming Up for Investigative Journalism About the European Patent Office (EPO), Europe's Second-Largest and Probably Most Corrupt Institution in Europe
It continues to exploit diplomatic immunity for impunity
Microsoft Handing Out PIPs by the Thousands, Anxiety in GAFAM Building Up
Years ago I heard from people who pretended to be ill to avoid getting fired
BRICS in the Windows: Brazil's GNU/Linux Share (as Measured by CDN) Has Hit Highest Point in a Month
The largest Web CDN, Clownflare, sees GNU/Linux at 8.1% right now in Brazil
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day
Like Uber, Paypal's Debt Has Shot Up 2.5 Billion Dollars in 3 Months, Now the Mass Layoffs Come to India
even reducing the salaries by offshoring isn't enough to save the company
Microsoft "engineers who aren’t critical are let go" this week/month (silent layoffs)
"stack ranking"
Is Microsoft Trying to Kill What's Left of XBox by Year's End?
How many people will still bother purchasing these consoles by the end of the year?
SLAPP Censorship - Part 170 Out of 200: Downtimes
Yesterday traffic skyrocketed here
Gemini Links 03/09/2026: Google Maps, Gemini's Early History, and Suppressing Slop Plagiarists
Links for the day
Links 03/09/2026: Unsafe Skies, Thunderbird Adopts Proprietary / Vendor Lock-in Traps, "Xbox Live Down Again"
Links for the day
Growing Thirst for Free Software, the LibreOffice Edition
LibreOffice is in "high demand"
Links 03/09/2026: John Ternus Enters Apple Amid Mass Layoffs, Journalist İrem Delice Arrested
Links for the day
Stallman.org Down Due to Virtual Machines Issue, "Senior Engineers are Investigating the Issue" Since Saturday
RMS site down due to virtual machines issues upstream
Linux Foundation is Plagiarism Hub, Linux is at Risk From It
Torvalds never looked weaker and more compromised
Gemini Links 03/09/2026: Back in Japan, Another New Year, Reasons to Avoid Have a "Smart" "Phone", and Rant About Built-in Batteries
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 02, 2026
IRC logs for Wednesday, September 02, 2026
Identi.ca is Practically Dead, Just Like All Social Control Media (Eventually)
All Social Control Media is a waste of time
Gemini Links 02/09/2026: Intentions, Publishing on Workstations, and Connectivity Standards Alliance (CSA)
Links for the day
GNU/Linux Reaches 6% in Nepal
Today I checked GNU/Linux in Nepal again
SLAPP Censorship - Part 169 Out of 200: Calling People "Nazis"
'Cancel culture' in action
GNU Turns 43 This Month, GNU/Linux Turns 35 Next Year
It seems like no area of computing has not been impacted by the GNU/Linux revolution
Uber Debt Grew 2.5 Billion Dollars in 3 Months, Company Lays Off at Least 10% of Workforce
The media repeats the "official" numbers
Links 02/09/2026: The Machine Stops, AuraSearch, and DOOM 1/2
Links for the day
1-1 Meetings at IBM This Week, PIPs Expected, Maybe RAs Too
As usual, we invite whistleblowers to tell us what's going on
Links 02/09/2026: Germany Blames Russia for Leipzig Airport Drone Attack and China Gains Power as US Faces Humiliation in the Midst of Presidential Cover-up
Links for the day
Quit Talking About "AI Layoffs" and Talk About How Chatbots and Other Bots Broke Recruitment Processes by Cheating
Bots talking to other bots isn't HR; it's a catastrophe
It's Inevitable Anyway, So...
of course blame Chinese Communists for the "anti-AI" messages
Robotics Isn't "Hey Hi", Robotics Isn't New Either
Is the official Arduino blog becoming shilling platform for Qualcomm's "hey hi" [so-called 'intelligent'] chips?
Giving 'Free Publicity' to the People You Hate and Attack
Be careful what you wish for in social control media
Today We'll Focus on Growth of GNU/Linux
We've meanwhile noticed that Clownflare statistics for north American nations show 19% of requests (CDN) originating from GNU/Linux
IBM Secret (or Silent) Layoffs in September 2026
We need whistleblowers
Gemini Links 02/09/2026: GAFAM's E-mail Cartel, ROOPHLOCH 2026, and Homeworlds
Links for the day
Not Only Microsoft and IBM Hide Layoffs (Secret Layoffs) and Fail to Follow the Law (or Bypass It)
Microsoft's tactics are not so unique
People Who Participate in the Slop Plagiarism Pyramid Scheme and the Moral Dilemma (What's Acceptable for a Salary?)
giant pyramid scheme
State of the Slop, Linux Edition
Whether slop about "linux" becomes rarer by the end of this year, well... time will tell
Links 02/09/2026: 'Open' 'AI' (Proprietary Slop Plagiarism) Destroying Evidence, "Data Center Backlash Has Officially Rattled Scam Altman"
Links for the day
Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026