Bonum Certa Men Certa

New Paper Explains Why UPC Ratification Efforts Have Been Just About as Corrupt as EPO Under Battistelli

Related: Guest Post: Is Germany's UPC Ratification Postponement Related to Problems at the€  EPO?

"When asked by Ars, the EPO's spokesperson mentioned the imminent arrival of the unitary patent system as an important reason for revising the EPO's internal rules..."

--Dr. Glyn Moody



Ingve Stjerna paper



Summary: Yesterday, Dr. Ingve Björn Stjerna revealed serious Constitutional issues with the campaign for the Unified Patent Court, which resembles an aggressive Battistelli-esque coup, not a democratic process by any stretch of imagination

THE latest whitepaper from Ingve Björn Stjerna is out. It was published yesterday and several readers have already told us about it. This serves to reaffirm some of the things we wrote earlier this summer, in particular what we wrote about the anonymous complaint (probably anonymous for fear of personal attacks and more underhanded tactics by Team UPC).



“...it's highly similar if not identical in other countries, where UPC 'watchers' are simply absent and thus, owing to darkness (lack of transparency), Team UPC and its ilk can make progress in the shadows (behind closed doors and with zero participation from the public).”
We have a similar situation elsewhere, albeit no Constitutional complaints, at least not yet. Yes, it's highly similar if not identical in other countries, where UPC 'watchers' are simply absent and thus, owing to darkness (lack of transparency), Team UPC and its ilk can make progress in the shadows (behind closed doors and with zero participation from the public). As we noted here before, this is definitely what's happening in the UK.

Every week we find new evidence of lawlessness that has spread well outside the EPO, e.g. to ILO, to European authorities, and much further.

We have basically sunk to state of disarray, where those who are rich and powerful want to get their way no matter what, irrespective of what's actually legal. EPO workers will know the feeling...

“The Parliamentary proceedings on the ratification of the Agreement on a Unified Patent Court (“UPCA”) in Germany have revealed a state of political affairs which should cause concern to each citizen.”
      --Ingve Björn Stjerna
"A new article by Ingve Stjerna," one reader told us, discusses the "The Parliamentary UPCA ratification proceedings in Germany" and the summary/abstract from the 9-page paper in English [PDF] says this: "The Parliamentary proceedings on the ratification of the Agreement on a Unified Patent Court (“UPCA”) in Germany have revealed a state of political affairs which should cause concern to each citizen. It shows the extensively used practice of so-called “second class adoptions” in which legislative decisions are made by a materially inquorate Parliament, because nobody raises the objection necessary for the annulment of the session. It was in this manner that the legislative acts on the UPCA were unanimously adopted by 35 cheerful Members of Parliament (“MPs”) in the second and third reading in the early morning hours on 10/03/2017. Five further unanimous decisions add to this picture. After the vote, all groups represented in the German Parliament denied providing the names of the participating MPs, three of four contacted MPs also rejected talking about the matter. A report on German law-making in the year 2017, in which the institutions involved could not care less about the German Constitution."

The paper/article begins with lots of references to German law (legalese, numbers and procedure names). It then comes to the point about a nefarious vote at 1:30 AM. Concealing of the voters’ names turns out to have ensued! To quote: "Even more remarkable experiences ensue for those trying to find out the participants of the vote on 10/03/2017 from the Parliamentary groups. At the end of April 2017, I sent the following request to all four Parliamentary groups of the current Bundestag (translation from German): "On the early morning of 10/03/2017, the German Bundestag has discussed the Act on the Agreement of 19 February 2013 on a Unified Patent Court (BT printed matter 18/11137) in its second and third reading and has unanimously approved it. This session at 1:30 a.m. was attended by approx. 35 MPs. [about 5% of the total] Could you please let me know which MPs from your Parliamentary group participated in said vote?”"

“This session at 1:30 a.m. was attended by approx. 35 MPs.”
      --Ingve Björn Stjerna
Here is the reply he got: “Please understand that I am unable to provide to you the names of the MPs who have participated in the vote."

And then it says: "I had assumed that the decision for what there is “a reason” is made by the citizen in his enquiry, but apparently that was a misunderstanding. Particularly in case of a pitiful attendance of only 35 MPs, the TV recording covers all participating persons without a problem. According to the CDU/CSU group, the right of the public to know the participants of a vote is nonetheless limited to roll-call votes, no such right exists beyond. It is unknown why they are eager to keep the names of the attending MPs a secret. [...] Of course, in case of a public session the secrecy apparently desired by all Parliamentary groups ultimately cannot be secured which makes this attitude all the more surprising. Especially in cases with only a few MPs attending as presently, those willing to invest the necessary time will mostly be able to achieve a clear identification by comparing the TV recording with the MP profiles on the Parliament website. The 35 MPs unanimously voting in favor of the draft Ratification Act and the draft Implementation Act on 10/03/2107 seem to have been the following..."

“It is unknown why they are eager to keep the names of the attending MPs a secret.”
      --Ingve Björn Stjerna
He finally gives list of names (inferred from the video) and notes that "17 of these 35 MPs are members of the RA-BT which led the the deliberations on the drafts, 12 are lawyers. It seems that the RA-BT has not only been in charge of deliberating the drafts, but also of the adoption decisions in Parliament."

Maybe that's why they wanted their identities to remain an enigma.

He continues: "In the middle of May 2017, after the Parliamentary groups had denied any information on the participants in the vote, I asked the respective MPs of these groups responsible for Düsseldorf as my place of residence for a personal meeting during their “citizen’s consultations” in order to find out about the reasons for the secrecy."

He notes that people voted on something they did not even understand or were grossly misled on. To quote: "As regards the decision-making in Parliament on 10/03/2017, speeches were put on file, especially by the rapporteurs of the Parliamentary groups, which again demonstrate a striking lack of knowledge about the topic in question."

Then there's the "SMEs" theme of lies. UPC-like regimes would harm SMEs, but law firms that claim to speak 'on behalf' of SMEs keep lying about it to the media (sometimes to SMEs also). To quote: "As is known, small and medium-sized enterprises (“SMEs”) are given said “substantial discount” – when fulfilling the respective conditions – only on the court costs at the Unified Patent Court (“UPC”). These, however, by and large correspond to the court costs of respective German proceedings, making them a much smaller problem than the reimbursable representation costs."

“Particular attention should be paid to the comments on abolishing the national patent system.”
      --Ingve Björn Stjerna
Regarding the people involved: "The task of the European Patent Office is apparently unknown to him."

Well, few of them know or care. That's why the EPO has managed to get away with some serious violations of German law, for example. Quoting further: "The speeches once again demonstrate that none of the persons involved has even the faintest realistic understanding of the contents of the patent reform. The high costs are qualified as a necessary evil and are willingly accepted, while, sometimes in the same breath, it is alleged that the reform would lower costs and lend support to SMEs. Particular attention should be paid to the comments on abolishing the national patent system. Still in the EU legislative proceedings it had been underlined that the reform meant to strengthen the users’ freedom of choice."

Well, mentioned then is Klaus-Heiner Lehne, whom we wrote about half a decade ago [1, 2, 3, 4]. The man is a total sham and it disgraces the entire system; we have not heard of him since, so maybe he tactfully retreated after whatever he had done (only to get caught).

“Those recklessly pushing a project like the patent reform regardless of any obvious legal risks and without their proper assessment as if there was no tomorrow, as it has now happened repeatedly, are willingly accepting that precisely the latter might at some time become a reality – for the legislative project.”
      --Ingve Björn Stjerna
"Against this background," concludes the paper, "it does not come as a surprise that different references to possible risks from Constitutional law have been ignored by the operators, although in case of a transfer of sovereignty rights the settled case law of the BVerfG requires all constitutional bodies, authorities and courts to ensure that the respective requirements of the Grundgesetz are met. Apparently, not much regard has been paid to this despite the “reminder” in Art. 84(2) UPCA, demanding a ratification “in accordance with the respective constitutional requirements of the Member States”, in order to be able to enact the reform as quickly as possible. Those recklessly pushing a project like the patent reform regardless of any obvious legal risks and without their proper assessment as if there was no tomorrow, as it has now happened repeatedly, are willingly accepting that precisely the latter might at some time become a reality – for the legislative project."

For the sake of readers from Germany, the same paper is available in German and we encourage readers to have a look and gain insight into the likely basis of this now-famous complaint rather than speculate based on deliberate lies from Team UPC. This is European democracy besieged by "special interests" (to put it politely). This is why we fought this thing for nearly a decade; Ingve Björn Stjerna published books on the subject.

Recent Techrights' Posts

Threats From 'Former' Red Hat (Now IBM) Staff While IBM's Likely Accounting Fraud Attracts Public Scrutiny
We must be getting "warm"
Matthew J. Garrett Has Just Sent a Threat to Put My Wife and I in Prison Because His Own Spouse Says He's a Rapist
What really intimidates him is his own spouse
Amended Input From Software Freedom Institute for EU Consultation on Free Software
"On 3 February 2026 Software Freedom Institute lodged a submission with the European Commission's inquiry into Open Digital Ecosystems"
Nadella's Mindless PR Spam Ahead of the Layoffs 'Snowball' (Adding Up Batches) Turning Into an Avalanche
Based on recent observations, the more puff pieces we see about Nadella, the closer we get to Microsoft "pulling the trigger" on mass layoffs
When Happens to Red Hat If (or When) IBM Collapses
IBM is in flux because its CFO is now implicated in what seems like accounting fraud
With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
A "horrible week (hebdomada horribilis?) for the Solicitors Regulation Authority" (SRA)
The SRA is part of the SLAPP problem
EPO's Central Staff Committee (CSC) on EPO Social Dialogue
They've refrained from mentioning the industrial actions
The Register MS is Promoting Ponzi Scheme for Financial Fraud/Accounting Fraud Company, The Register MS Gets Paid to Do This
Published 6 hours ago
IBM's Kyndryl Managed to Fall to Less Than a Quarter of Its Past Year's High
Imagine IBM falling to $75
 
IBM's Stock is Crashing
If it follows the trajectory of its satellite Kyndryl, it can fall and reach as low as $75
Gemini Links 11/02/2026: Sunny Morning and "KiCad Aims to Ease Linux Installation"
Links for the day
Microsoft Loses Ground in Switzerland
One issue is, Google and Apple seem to gain at Microsoft's expense
Microsoft Layoffs Must be Very Near (and Very Large)
just like IBM
Bringing Attention/Awareness of EPO Corruption and Cocaine Use to the Mainstream Media
What has Europe become? Prey to vultures?
The Solicitors Regulation Authority (SRA) Delusion - Part V - Everyone Seems to Agree That SRA is a Sham
We're going to start a new series soon
A Can of WORMS - Part V - Up Next: The Comeback of RMS in the United States
Guess who funds the cancellers
Gemini Links 11/02/2026: Terminator Trilogy and Lagrange in the Apple App Store
Links for the day
Links 11/02/2026: Fentanylware (CheeTok) for ICE, Jimmy Lai Shows Journalism Became 'Crime' in Hong Kong
Links for the day
With Firefox Measured at 2% in the United Kingdom Time is Running Out for Web Site Support for Gecko/Servo Users
The open Web is rapidly dying while Mozilla celebrates and champions slop
Lawsuit reactions: EFF behaviour reveals zombification, censorship
Reprinted with permission from Daniel Pocock
Links 11/02/2026: $700 Billion Slop Bill, Social Control Media Under Political Fire for Deliberate Health Harms
Links for the day
Mobbing at the European Patent Office (EPO) - Part VI - Attacks on Staff and Attacks on the Law Merit Another New Series
new series coming shortly
IBM's Financial Engineering (Accounting Fraud) Shell, Kyndryl Holdings Inc, is Insolvent
If this was done by the very same people who still run IBM, can we expect any better from "Sugar Daddy" IBM?
2026 a Very Productive Year and We Have Many Big Stories to Tell
maybe we'll produce 8,000 new articles/pages by year's end
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026
Google Still Helping the Slop Pyramid Scheme, Encouraging Plagiarism Too
Google is a plagiarism company and it wants public solidarity for plagiarism by LLMs
Gemini Links 10/02/2026: "The Luminous Dead", Matrix, and Containers
Links for the day
Links 10/02/2026: Media Freedom Feels Dead in Hong Kong and Grammys, Superbowl Becoming Politics
Links for the day
Kyndryl CFO Harsh Chugh Comes From IBM (17+ Years)
Who would want such a position?
IBM RAs (or PIPs) in London, England?
They try to keep the lid on it
International Buybacks Machines
Will the current US administration/regime look into IBM's accounting or only its mini me's?
IBM Could be the Next Kyndryl, a Dinosaur With Accounting Fraud
Many shareholders (or even pension funds) are taking a big hit today
Ian Murdock Died in San Francisco 10 Years Ago. Cops Led to His Death.
10 years ago Ian Murdock died after cops had messed him up
US/Europe divergence: health & safety, criminality & Debian harassment culture: Open Digital Ecosystems submission F33370170
Reprinted with permission from Daniel Pocock
Links 10/02/2026: Splinternets and "Meta Goes to Trial in a New Mexico Child Safety Case"
Links for the day
Russia and China Best Off Without GAFAM
What if they abandoned GAFAM?
Will Finns Put Out the Online Cigarettes?
More people recognise that the child porn site formerly known as "Twitter" and Cheeto/Pooh-tin controlled TikTok are no longer trustworthy
As the US Economy Sags Microsoft Layoffs Carry on (Now in Larger Waves Like 15,000 Per Season or 30,000+ Per Year)
They try to avoid "negative" topics
GNU/Linux at 3.99% in Australia
now that Australians can no longer keep Vista 10
Microsoft Windows Falling
analytics.usa.gov Shows Rapid Erosion of Windows Market Share Since 'End of 10' (Vista 10)
Microsoft Windows Hits All-Time Low in The Netherlands in 2026
Europe needs to rid itself or wean itself off GAFAM
SRA: SLAPPs From Russian War Criminals and American Men Who Strangle Women Are Acceptable
The SRA, by inaction, is complicit in this
The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
From Weber Shandwick (Microsoft PR) to Brett Wilson LLP (Hired Gun of the Serial Strangler of Microsoft)
they basically tried to charge me a lot of money for a PR project of someone who strangled women
The Solicitors Regulation Authority (SRA) is Not a Regulator, It's Part of the Litigation "Industry" in the UK (They Overlap Each Other)
Does nothing except talk about SLAPPs
Brett Wilson LLP Seems to Have Done for Roberto Foa What It Did a Year Earlier for the Serial Strangler from Microsoft
Repeat abusers (of the legal system) will misuse it as long as regulators do nothing
In Finland, Microsoft Falls Behind Yandex (Russia)
Bing has had many layoffs in recent years
Security More Advanced in Geminispace Than on the Web (Bloat)
For real security, use Geminispace capsules, not Web sites
Slop at Microsoft is a Miserable Failure, Now Microsoft Takes the "Vista Route" (Paying People to Say Good Things About It)
This is brainwash, it's meant to delay the implosion of the bubble
Rumours About February 2026 Microsoft Layoffs: Silent Layoffs or 30,000 Culled Tomorrow
Sooner or later (and soon) Microsoft will need to say something and file some WARN notifications
GNU/Linux at 12% in Guam, Based on statCounter (Compared to 2-3% a Year Ago)
Guam's "uptick" in GNU/Linux usage started weeks after "end of 10"
Where We Stand With the Winter Series
We'll need to protect names and sources
Fighting Slop With the Public Domain (and Why Slopfarms Perish Faster Than New Ones Appear)
We can combat the nonsense by producing more human-made works until the slop bubble implodes
After Employee Reviews at IBM Staff Expects Another Large Wave of PIPs and "RAs" (Layoffs)
From what we can see in the "public Web"
Gemini Links 10/02/2026: "The Last Messiah", Discord for Adults
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 09, 2026
IRC logs for Monday, February 09, 2026
Is Europe Abandoning Digital Opium?
GAFAM-controlled social control media
Mobbing at the European Patent Office (EPO) - Part V - Strongest Strike Under António Campinos
SUEPO Munich is also reminding people of the threat of PIPs
Microslop is Slop, Slop is Considered "Quality"
no wonder Microsoft's stuff breaks down so often
thelayoff.com Deletes On-Topic Discussions (Layoffs) While Leaving in Tact Pro-Corporate Trolling Made by LLMs (Slop)
Who at thelayoff.com deems spam made by LLMs (slop) to be on-topic and unworthy of zapping, whereas actually on-topic and authentic threads get routinely deleted?
Gemini Links 09/02/2026: Great Salt Lake Ecological Observatory and Offpunk 3.0 "A Community is Born" Release
Links for the day
Links 09/02/2026: Mass Plagiarism and Pollution/FakeCoin Company Nvidia Contacted Anna’s Archives, Narges Mohammadi Gets Second Prison Sentence
Links for the day
GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out