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

"Use Wayland" Isn't a Bugfix for X (X11 is Still Necessary)
They tell us X is "dead" and we must all be herded into Wayland ASAP
The New Head of OSI is an "Hey Hi" (AI) Obsessed Person
when Bryant says "AI" that doesn't mean AI
"Governments, local authorities, schools and hospitals can lead by example by procuring only Free Software"
Crossposted from Tux Machines
Cindy Cohn Leaving the Electronic Frontier Foundation While Its Co-founder John Gilmore, Whom She Apparently Helped Oust, Will Celebrate 40 Years of the Free Software Foundation, Inc.
EFF has been busy hoarding GAFAM money, whereas the latter is where all the real activism is done
"Google is Googlebombing KDE's Project Banana"
So is Google googlebombing KDE's Project Banana? You decide.
Some Very Large IRC Networks Are Growing
IRC will turn 38 next year
 
Slopwatch: Google News is Slop, Google News is Plagiarism, Google News is Dying
Google is off the rails
Links 16/09/2025: "The Censorship Alarm Is Ringing in the Wrong Direction" and ASRock Does Microsoft E.E.E. on GNU/Linux
Links for the day
Serious "Breach of Confidentiality of Personal Data" in Europe's Second-Largest Institution, the EPO
Yes, the same EPO that routinely uses "data protection" and "GDPR" as a pretext for hiding or covering up its corruption and white-collar crimes (it even uses that as an excuse for refusing to obey courts' orders)
Adrienne Rockenhaus Says Her Husband Was Arrested for Running Tor and Denied Basic Rights in the United States
the US seems to be getting "russified" in its approach towards Tor
This is What Happens When Microsoft Canonical Lets Decisions on Ubuntu be Made by a Youngster From the British Army (Where He Did Mass Surveillance)
"Is Ubuntu Compromised?"
Back Doored Windows Giving GNU/Linux a Hard Time (Under the Guise of 'Security')
Is this complication intentional? Most likely, yes
Links 16/09/2025: Science, Security, and Conflicts
Links for the day
Gemini Links 16/09/2025: Command-line Options in POSIX Shell and Introducing Acre 0.9
Links for the day
Microsoft 'Secure' Boot Versus Dual Boot With GNU/Linux
they're meant to assume everything is OK
Links 16/09/2025: While Oracle Pretends to be Rich It's Firing About 70 MySQL Workers, "Oracle's Revenge" (Faking Demand With "AI")
Links for the day
Microsoft Has Just Published a New Web Page About "Secure Boot Update Process" (Microsoft Also Admits Issues; PCs Can Stop Booting)
Why was this page issued and published only hours ago?
Microsoft Lunduke: I Spread Hate and Then I Receive Hate
Cry us a river, Microsoft Lunduke
"Disable Secure Boot and Fast Boot. Wipe and Start Over."
At least they didn't say, buy a new computer...
The Oracle Ponzi Scheme
Oracle isn't doing well, but it's nowadays fashionable to say "clown" and "hey hi" to prop up one's stock, even based on nothing at all
Taking Out the Battery, Opening Up Your Computer, Just Like a "Normie" Would
At this stage, any person who still says "enable Secure Boot" is misguided or persuaded by companies that sell rootkits
Slopwatch: Serial Sloppers and Slopfarms Still Infesting Google News (Fake 'Articles' About "Linux" Spreading FUD)
searching for "Linux" today yields a lot of FUD
The Reach of Techrights Has Broadened
We nowadays cover a broader range of issues
Complicating Things for No Actual Benefit, Just Added Risk and More Difficulties Adding GNU/Linux and BSDs
Watch what it's like for people who wish to use BSDs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 15, 2025
IRC logs for Monday, September 15, 2025
Links 16/09/2025: Autumn Party, RPG Planet, and Optical ROOPHLOCH
Links for the day
Geminispace Growing at Pace of Over 10% Per Year
Contrary to what some pessimists try to claim
Linux Mint Forums Today: Disable 'Secure Boot', It Doesn't Improve Security, It's Just a Microsoft Obstacle to GNU/Linux Users
They also mention MOK
What Ruben Amorim and Stefano Maffulli Have in Common
Censors Wikipedia and Social Control Media
Microsoft Won't Cooperate in Trying to Tackle EPO Corruption (Microsoft Profits From This Corruption)
Use something like BigBlueButton, Jami, Ring, and Jitsi instead
Solved Less Than an Hour Ago: Trying to Escape Windows, 'Secure Boot' Gets in the Way
'Secure Boot' wasn't meant to even exist in the first place
Stefano Maffulli, Executive Director of the Open Source Initiative, Resigns or Gets Removed (We'll Continue Covering OSI Scandals)
A dozen mentions of "AI", not much about "Open Source"
Andy Has Just Nailed It (Regarding Complexity and Failure, a la UEFI)
The users no longer own or control what they buy
Compatibility Support Module (CSM) Versus GNU/Linux Simplicity
what Andy recently called "solutionism"
Links 15/09/2025: "Postal Traffic to US Down by Over 80%" and 'Smart' Spinozacampus Laundry Room Goes AWOL
Links for the day
Gemini Links 15/09/2025: Dungeon Hustle and Deleting Oneself From the Net
Links for the day
Breach of EPO's Duty of Care or Cigna Reimbursement Issues
This is the sort of thing that motivated Luigi Mangione to assassinate a CEO
Ask Ubuntu About "Secure Boot" Violation and Laptops That Don't Boot GNU/Linux
Does anyone still believe that "Secure Boot" has anything at all to do with security?
We Are Sad to Hear the Story of Jonathan Riddell, Champion of KDE and GNU/Linux on Desktops/Laptops
I have enormous respect for Jonathan and everything he has done
Talking About the Problem vs Talking to the Problem
Wanting an audience is never a good excuse for compromising one's values and principles
Focusing on Patents
The reason we cover the EPO so much is that it's close to home
"Secure Boot Violation": The 'Joys' of Fake Security Gone Wrong
Not everyone reboots every day
Links 15/09/2025: Russia Invades Romanian Airspace, Penske Media Sues Google Over LLM Slop
Links for the day
Links 15/09/2025: Bitcoin ATMs Scam and "Conservative Cryptography" (Backdoors Fantasies)
Links for the day
EPO Imitates Microsoft: "Three Days or More Per Week" Inside the Office to Get a Desk to Work on; "the Office Breaches Its Promise Towards Staff and Acts in Breach of Its Duty of Care"
The EPO serves no actual function in Europe
Links 15/09/2025: Political Affairs, Censorship, and Copyrights
Links for the day
Gemini Links 15/09/2025: Music Genres, Invisible Networks, and Akademy 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 14, 2025
IRC logs for Sunday, September 14, 2025
Satya's Plan B: Try to Hide the Massive Extent/Scale/Scope of Microsoft Layoffs
fewer people buy Microsoft
Red Hat News About De Facto Mass Layoffs (Bluewashing) Gone From Reddit (Censored by Gatekeepers), Still Online in The Register
With RTOs, PIPs, relocation etc. expect IBM to "shed off" many Red Hatters
UEFI "Secure Boot Doesn’t Play Nice at the Moment"
UEFI "Secure Boot" does not improve security. It's an artificial obstacle in service of monopoly.
Gemini Links 14/09/2025: ROOPHLOCH, Music, and Reddit
Links for the day
If You Want to "make your 'Windows PC' lean, mean, and fast" You Will Install GNU/Linux or Some BSD
That kind of article says a lot about IDG
Slopwatch: Google News Infested With Slop (About Half of the Results for "Linux" Today)
This is the sort of junk one finds when looking for "Linux" in Google News these days
Links 14/09/2025: Ricky Hatton Dies and McDonald's Declares War on Tipping Culture
Links for the day
Links 14/09/2025: Disasters for CEOs Obsessed With Slop and Slop Companies School Like Fish
Links for the day
"Bad Shim Signature" (Microsoft 'Secure' Boot)
"Fresh install not booting"
What Microsoft Garrett and Microsoft Lunduke Have in Common
Similar tactics, different "wings"
Links 14/09/2025: US "Economy Sagging", "Michigan Economy Wobbles From Tariffs"
Links for the day
Gemini Links 14/09/2025: Minimalist Snippet Manager and Omarchy Linux
Links for the day
The Face of the Digital Far Right: Microsoft Lunduke
Microsoft Lunduke is an online extremist that belongs to and panders to the far right
20 Years Later and Academia Isn't the Same
"I never dreamed of being a professor"
'Cancel Culture' by the Right: Microsoft Lunduke Contacts People's Employers Trying to Get Them Fired
Microsoft Lunduke panders to extremists online
"Bad Shim Signature"; So 'Secure' That It Overrides Users' Preferences and Turns Itself Back on (Coercive Measure)
This was a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 13, 2025
IRC logs for Saturday, September 13, 2025