Bonum Certa Men Certa

Lack of Independence of the Boards of Appeal at the European Patent Organisation (EPO) a Fatal Blow for the UPC

Boards of Appeal



Summary: Issues associated with the EPC, namely the lack of separation of powers at the EPO, may mean that the UPC is merely a zombie waiting to accept its permanent death

According to this page from the EPO (apparently new): "Current planning is that the Boards of Appeal will start operations at their new building on: 2 October 2017." That's just a few days after Kongstad leaves. He has, to a large degree, been to blame for the loss of independence of the Boards of Appeal, having gone along with Battistelli.



"Not as handy as it is currently," commented one legal firm, describing itself as a London/Cambridge-based "Internationally renowned firm of European and UK Patent, Trade Mark and Design attorneys with a highly experienced and friendly team."

Managing IP, another British entity one might expect to be EPO-friendly, joked about "Reinforcing the @EPOorg Boards' "independence". Good to see they still have a canteen, though."

It's sarcasm of course. "And no room for the numbers of people or hearings needed to do the work," said another person, "as I hear."

So they can't even do their job properly, as noted last year. The EPC looks shredded and miserable.

Where is Team UPC when all of this is happening? British elements of Team UPC are still ignoring what happened some days ago. It was major news, but they are still conveniently ignoring it, resorting to Estonia instead (no kidding!), as they have been doing since last month.

Won't they ever admit that the UPC is in trouble both in Germany and the UK? All they have said about it so far was pure spin if not outright lies (we rebutted those).

The matter of fact is, the UPC (in its current form) won't happen if Britain leaves the EU. Jones Day's staff (Olga Bezzubova, Diana Leguizamón-Morales and John Podtetenieff) reposted a few days ago -- again in a site for lawyers -- concerns about this conformity step, as if the EPO obeying European authorities is somehow a bad thing.

At around the same time, just before the weekend, a site for UK lawyers cited The Register (a partner/sister site) in relation to the situation in Germany:

Last month it emerged that Germany's Constitutional Court was considering whether legislation backed by the country's parliament, which would give recognition to the jurisdiction of the UPC in Germany, is constitutional.

Details of who has raised the complaint and what the precise grounds for it have not yet been confirmed. However, patent law specialist Marc L. Holtorf of Pinsent Masons, the law firm behind Out-Law.com, said two distinct rumours have been circulating as to the basis for the complaint.

Holtorf was commenting after The Register cited reports in Germany that have suggested concerns about the independence of the Board of Appeal at the European Patent Office (EPO) are behind the legal challenge. The concerns relate to the powers held by EPO president Benoit Battistelli and the extent to which those powers enable him to influence judicial appointments, according to the reports.

"A perceived lack of independence of judges could be an obstacle if Germany wants to transfer judicial power to such a court," Holtorf said. However, he said a second "simpler" rumour as to the legal basis for the constitutional complaint had also emerged in the country.



In IP Kat comments, noting similar reporting in The Register and in German sites ("About the Unitary patent and the German Constitutional Court case"), people have written about the relation or correlation between the lack of independence and the status of the UPC:

Rumours emerge on basis for legal challenge against Unified Patent Court reforms in Germany

Alternative reports have emerged in Germany about what the basis for a legal challenge brought against legislation passed in Germany to ratify the planned new Unified Patent Court (UPC) system in Europe is, an expert has said.

https://www.out-law.com/en/articles/2017/july/rumours-emerge-on-basis-for-legal-challenge-against-unified-patent-court-reforms-in-germany/


So they're finally getting it. Ever since Battistelli viciously attacked the boards (in 2014 it culminated in a "house ban") things have gone very rogue both for Battistelli and his 'baby', the UPC.

We don't expect any progress to be made on the UPC, not even after the summer.

Recent Techrights' Posts

GNOME Foundation's Microsoft Developer Account
"Lately they're teaming up with Mozilla to eliminate middle click paste - something which I use continuously."
Links 10/01/2026: "Abolish ICE or GTFO", Calls to Ban X/Twitter From Apple/Google App Stores (or Implement National Blocks) Over MElon Turning It Into Non-consensual Deepfake Porn Site
Links for the day
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
 
Monday, January 12, Red Hat Layoffs Allegedly Planned
We'll update this post or follow up if or when we get more information
Slop Still Becoming Rare as Another Week Ends
Generally speaking, calm and quiet is desirable, it's what we hope for (an absence of slop, a lack of need to keep abreast of it, ultimately)
Links 10/01/2026: Iran Offline, Venezuelans Decry Civilian Casualties
Links for the day
GAFAM Wants War
Go war! Go bailouts! Go debt! Go Wall Street!
GNU/Linux and Chromebooks Rose to Almost 10% in Haiti
What's noteworthy is that this month GNU/Linux is measured at around 8% and ChromeOS at about 2%
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day
Plot Twist: Microsoft MSN Relays Articles Hinting at or Pointing to Mass Layoffs Soon, Other Gossip
the narrative from Microsoft's "PR bunny" (Shaw) is showing mold already
Links 09/01/2026: Google and Character.AI Implicitly Accept Chatbots Kill Kids and GLP-1 ‘Slimming Pens’ Turn Out to be a Lot Worse Than Advertised
Links for the day
'Vibe Coding' is Not "AI", It's a Sewer, It is Junk
Linus Torvalds was wrong. 'Vibe coding' isn't good for anything.
GNU/Linux May be Approaching 10% "Market Share" in Montenegro
The surge started around 2021
At IBM, "Employee Reviews" (or Appraisals in the UK) Are a "Trojan Horse" for RAs (Mass Layoffs), a Waste of Time
comments from IBMer serve to suggest that appraisals can be precursors
Links 09/01/2026: Technical Blogging Lessons Learned and Google's Gmail Getting a Lot Worse
Links for the day
More IBM Layoffs in India
If IBM cannot afford to retain workers in India, then something is truly "out of control" at IBM
Escaping GAFAM Colonialism Requires Homegrown Free Software
GNU/Linux now measured at 3% in Zambia
Dr. Richard Stallman Has Done No Harm to the GNU Project or the FSF (He Had Benefited Both, Always, Even After the Attacks on Him Began)
Some people try to prevent Dr. Stallman from speaking or having a platform where many people can hear him
GNU/Linux at 4% in Saudi Arabia, Says statCounter
Some years ago Windows fell to a "market share" of just 11% there
Microsoft Isn't Denying the Mass Layoffs
Still silence from Microsoft
In Western Africa GNU/Linux Flirts With 5% Market Share
there's a gradual increase in GNU/Linux usage there
Gemini Links 09/01/2026: Pro1 X Repair and the Mercury Protocol
Links for the day
Links 09/01/2026: Cambodia and China Extradition, "NATO’s High-risk Patrols Near Ukraine"
Links for the day
No, Microsoft Did Not Deny the Q1 Mass Layoffs (Microsoft Can Delay These)
Maybe they disperse or delay the layoffs (changing plans), but the layoffs are going to happen
Only One Person in Charge of Fedora is Not IBM Staff
This is not a community project, it's just a way for IBM to onboard unpaid volunteers
This Is Not a Drill, GNU/Linux is Really Going 'Mainstream' on Laptops (and Desktops)
It is important to explain to people software freedom
IBM Albany Layoffs
not only did many in the site lose their job; there's more to come "and likely another one in February" (weeks from now)
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
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
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