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

EPO People Power - Part XXIX - Getting DER SPIEGEL, FAZ, Deutschlandfunk and Sueddeutsche Zeitung (SZ) to Cover EPO Scandals
We kindly ask our readers to contact their local media and urge it to cover the scandals
 
EPO Workers' Industrial Action to Include Many Strikes, to Last Several Months
In some ways, The Hague and Bavaria are becoming almost indistinguishable from Moscow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 08, 2026
IRC logs for Thursday, January 08, 2026
Gemini Links 08/01/2026: "New Year, Old Plans" and Alex's "Butlerian Jihad"
Links for the day
LLM Slop About "Linux" Scarce and of Very Low Quality
At this rate, we reckon there may be one (or zero) per day by year's end
IBM's "Forever Layoffs" (to Bypass Warnings or Notices as Required by WARN Act)
There is a bunch of speculations about when the next "major round" of RAs will be
Attempts to Undermine This Site's Latest Series Using Intimidation, Threats, and Presumptuous Accusations
threatening language is less effective when everyone is an alibi
Links 08/01/2026: "Golden Smartphone" Scam and Riseup Account Issues
Links for the day
Links 08/01/2026: Possible "Collapse of NATO Over Greenland"; Journalistic Malpractice and "US Voters Hate Slop"
Links for the day
EPO People Power - Part XXVIII - A Sensitive Issue for Germany and The Netherlands
If Germans who read this series can communicate this to public officials or to their media, maybe they can strike a nerve and get the ball rolling
Age Discrimination at IBM Discussed Amid Mass Layoffs (Especially in the United States)
Workers are anxious. Are they next to face the axe?
Gemini Links 08/01/2026: Potentiometer Calculator, Power Outages, Why You Should Abandon Discord for IRC (e.g. Ergo), and Formatting Gopher Posts
Links for the day
Links 08/01/2026: More Software Patents Squashed, White House Repeats Misinformation From the Kremlin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 07, 2026
IRC logs for Wednesday, January 07, 2026
The Free Software Foundation (FSF) Looking to Add Associate Members
"Celebrate '26 by helping us reach our New Year's goal before Jan. 16: join as an associate member today. You will help the FSF remain strong and independent to empower technology users everywhere. Join us today and help us reach our goal of 100 new associate members!"
Only Google is Still Spreading Lots of Slopfarms' Fake News and Plagiarism About Linux
2 days' worth of Google News spewing crap out about "Linux"
Georgia Institute of Technology (Georgia Tech) Formally Announces Upcoming Richard Stallman Talk
Room 100, Scheller College of Business
Links 07/01/2026: Europe's 'Binding Commitments' on Ukraine's Security, "Venezuelan Leaders Project Independence"
Links for the day
Gemini Links 07/01/2026: Smart Toaster and Social Control Media Fatigue
Links for the day
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Even Microsofters Now Speak About Microsoft Reportedly Planning to Sack 10% of Its Staff (as Early as This Month, or 2 Weeks From Now) as Real Income Falls
Microsoft buying from Microsoft isn't real income, it is accounting fraud
The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026