Bonum Certa Men Certa

Dr. Ingve Björn Stjerna on German 'Justice': “Not a Single One of the EPO Complaints Has Been Decided to Date.”

Dr Ingve Björn Stjerna



Summary: With the Unified Patent Court (UPC) Agreement (UPCA) we're already seeing the role played by German courts in undermining laws and constitutions; Is there any hope that Germany as a country will ever put an end to EPO abuses? The apathy (if not active complicity, set aside passive corruption) merely serves to to discredit or delegitimise the state...

THE EPO is basically above German law despite being based in Germany. Many times in the past we wrote about how the German government had intentionally turned a blind eye to EPO corruption. Some of the worst corruption is yet to be exposed (there's truly explosive material).



At what stage does one categorically accept that the so-called ministry of 'justice' in Germany and its constitutional court (FCC) as well are in cahoots with or participating in this corruption? There are some concrete examples of entryism and one might say "collusion"...

Well, Constitutional Court judge Prof. Huber is leaving, after rejecting two UPC complaints without really looking into them. One complainant just wrote the following text:

Patent Law: End of the term of office of Constitutional Court judge Prof. Huber – When a constitutional complaint outlasts the twelve-year term of office of the judge responsible for it (Published on 08/12/2022)



For years, several constitutional complaints against acts of the European Patent Office have been pending before the German Constitutional Court (“BVerfG”). Five such proceedings are currently publicly known, namely those with the docket numbers 2 BvR 2480/10, 2 BvR 421/13, 2 BvR 786/15, 2 BvR 756/16 and 2 BvR 561/18 (afterwards “EPO complaints”), in which, among other things, a violation of the fundamental rights to effective legal protection (Article 19 (4) of the Grundgesetz [“GG”]) and to the lawful judge (Article 101 (1) sentence 2 GG) is complained of.

As is well known, the decisions of the BVerfG – as well as of other panels of judges to which several judges belong (so-called “collegial courts” [“Kollegialgerichte”]) – are prepared by the so-called “judge rapporteur”, or short “rapporteur”. The rapporteur for the EPO complaints in the responsible Second Senate is judge Prof. Peter M. Huber, who, in the field of intellectual property law, is known in particular for the not necessarily consistent decisions on the European patent reform for which he was the rapporteur as well.

The oldest two EPO complaints, dating from 2010 and 2013, have been listed since 2016 in the so-called “annual preview” (“Jahresvorschau”) of the BVerfG, which provides an overview at the beginning of a calendar year of those proceedings that the court intends to decide in the course of the year. Since 2021, all aforementioned EPO complaints have been listed in the annual preview of the court. Judge Prof. Huber has already indicated in a commentary in 2018 that he may consider the legal protection at the EPO to be in line with the minimum required by the German Grundgesetz.

Nevertheless, not a single one of the EPO complaints has been decided to date.


Read on for the rest...

Recent Techrights' Posts

What's Very Vexing to GAFAM, EPO and Others Is That It's Incredibly Hard to Censor Us (and Nobody Ever Successfully Did That Before)
resist, do not capitulate
Receiving SLAPPs and Collecting Them Like Trophies (the SLAPPs Always Fail)
People who file lawsuits bring even more attention to themselves (or to embarrassing statements about them)
Year of GNU/Linux on the Laptop?
It's not happening only in Lenovo
What People Must Understand About the Open Source Initiative (OSI)
some facts about the Open Source Initiative (OSI)
More Copyright Lawsuits Against LLM Slop Providers and Suppliers of LLM Slopfarms Would Benefit Society
It's not just bad for the Web and for society; it's also legally dangerous
 
Links 27/04/2025: Death of Nest Thermostats, Death of Metaverse
Links for the day
Links 27/04/2025: Projects Workflow and Discovering Technology
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 26, 2025
IRC logs for Saturday, April 26, 2025
Microsoft Isn't on the Map in USSR
To them, it's either Google or Yandex
In Central America Windows Became a Small Force
These are countries where Windows used to have well over 95% of the "market"
Site May be Even Faster Now
It basically takes less than a tenth of a second to serve the page
Many of the Scandals Are Interconnected (Overlapping People and Corporations)
We're only getting started
Links 26/04/2025: General Assassinated in the Town of Balashikha, US Promoting Seafloor Mining
Links for the day
Links 26/04/2025: Facebook Layoffs Again, Remembering What's Real, and Say No to Mass Surveillance
Links for the day
Links 26/04/2025: NOAA Budget Cuts and "Dog Days Ahead"
Links for the day
In defence of JD Vance, death of Pope Francis
Reprinted with permission from Daniel Pocock
Three Years in Prison for Disney Employee’s ‘Menu Hacking’: The Economic Fallout of Digital Menus
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 25, 2025
IRC logs for Friday, April 25, 2025
Links 25/04/2025: Slop Fatigue and Patent Judges Flocking to Fake, Unconstitutional and Illegal Kangaroo Court (UPC, Captured 'Justice')
Links for the day
Gemini Links 25/04/2025: Night Manager and Devuan in Hosting
Links for the day
Approaching 10,000 Articles/Pages Since Going Static
Trying to silence or derail the site was always a dumb strategy
Windows Falls to New Lows in Nicaragua, Now Below a Quarter (It Used to be Almost 100%)
Another all-time low for Windows
Microsoft is Shedding Off Loads of Staff and That Can be Dangerous Too
Working for Microsoft is a choice; nobody forces you to do it
Richard Stallman and the Unix Philosophy
When asked about systemd people must remember that RMS speaks as an active Board member of the FSF and also the founder of the FSF
The Cost (to Linux) of LLM Slop
Slop 'artists' like Fagioli are far from harmless
Links 25/04/2025: Ubisoft Spyware, Hegseth Fails at Tech on Every Level
Links for the day
Gemini Links 25/04/2025: Food Forest Update and Facebook Destroying the Net
Links for the day
Get Rid of Back Doors, Don't Obsess Over Bounties and Other Corporate PR Stunts (or Needless Reboot Rituals)
Security as a term has mostly lost its meaning due to repeated misuse for many years
Serial Sloppers Are Killing the Web (They Probably Don't Care, Either)
Slop is a disease on the Web
Streaming Apps Are “Investor Fraud” That Kills the Planet
Reprinted with permission from Ryan Farmer
Things Get Increasingly Nasty at Microsoft Ahead of the Fake Results and May's Mass Layoffs Wave
They try to get people to 'resign' so that they won't count as layoffs and the company's 'wellbeing' will seem better
IBM's Debt Ballooned by 8.5 Billion Dollars in Just 3 Months!
Hallmark of a company in a state of disarray, trying to spend its way out of trouble
Big Trouble in GNOME
even GNOME people admit the CoC went wrong
Slopping the Trough: Disney Plus Loses Billions and the Decline of Physical Media in America
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 24, 2025
IRC logs for Thursday, April 24, 2025