Bonum Certa Men Certa

Hiring of German Judges for UPC Has Been Halted as the Future of UPC as a Whole Now in Doubt

Do not enter

Padlock



Summary: Things keep getting worse for the Unified Patent Court (UPC), whose manifestation looks more and more like a distant dream (fantasy of the litigation 'industry') due to Brexit, the exit of Battistelli, and the departure of the Chairman of the EPO's Administrative Council one month from now

THE situation is getting rather grim for Team UPC; they're all very silent... silent for well over a week! (since the EPO released some PDF)



A month ago the German press published quite a few noteworthy reports. These covered EPO scandals around that time (SUEPO published translations and so did at least one German publication). Yesterday, SUEPO highlighted a couple more of those [1, 2]. Will SUEPO translate these to English some time soon? Regardless of these reports, the German media is still far too soft on the corrupt EPO. Well, what happened to guts in the media? It's like they fear the prospect of unleashing another Dieselgate, which caused tremendous damage to German reputation/credibility, not to mention long-term economic harm.

"Regardless of these reports, the German media is still far too soft on the corrupt EPO."Later this week we are going to resume the "EPO Silencers of the Media" series. For the past few days I have been getting numerous requests of self-censorship regarding the EPO (I ignored all of them, as usual).

More important for the time being is new information we found out on Monday. This new article from a biotechnology news site which is based in Europe, called "European Biotechnology Magazine," said this yesterday: "As Spain and Italy resisted to adopt the rules because unitary patents will be only translated into few languages, reducing overall cost, the initial plan failed. Furthermore, the unitary patent and the UPC may make European companies more vulnerable due to the fact that a single proceeding in one country can annul their patent claims in all EU countries."

"Language discriminations cannot happen," said one of the comments from earlier this month, "even if the CJEU tolerates them."

Here is the full comment (there's more to that effect there):

For the automated non-legally binding translations, be prepared that there will be appeals at the national level and up to the ECHR.

Unfortunately, Germany, France or UK are not concerned about those automated translations under the UPC.

Language discriminations cannot happen, even if the CJEU tolerates them.

And that decision was a political one.


"Germany has stopped hiring of German judges for the court," continued the above piece. Just like in the UK then; the UPC Preparatory Committee put the brakes on the UPC, having even advertised UPC jobs that quite likely would never exist because the Unitary Patent is dead in the UK (or will be officially dead soon).

Here is the relevant passage/paragraph: "Sources told European Biotechnology Magazine that Germany has stopped hiring of German judges for the court, a clear signal that Germany is going to halt the ratification process of the UPC agreement for a longer period of time than previously expected. Without the UK, Germany and France ratifying legislation for the UPC, the unitary patent cannot become reality. To date, only five EU member states (Austria, Belgium, Denmark, Malta, and Sweden) have ratified the agreement."

"What will be the fate of judges who were attacked by Battistelli (or those who saw their independence under attack)?"The UPC will languish or die like Battistelli's career and health. Judging by the German media, there's no hope for the UPC any time soon; even the patent microcosm is no longer as optimistic as it used to be. EPO abuses have a lot to do with that.

What will be the fate of judges who were attacked by Battistelli (or those who saw their independence under attack)? What will happen to prospective UPC judges? Will they be told that the job they applied for no longer exists? Here is a comment left a short while ago in IP Kat:

What is a "juristic person of corporations"? A very fat judge?

"I am the judge, the very fat judge, that waters the patent law! Oh, I am the judge, the very fat man, that waters the patent law! And what do I care about freedom to work, or the honest prior us-or? For I am the judge, the very fat judge, that waters the patent law!"


The context for this comment is partly related to the EPO. But we no longer want to link to IP Kat, at least until it resumes covering EPO scandals (not ignoring them, cowardly pretending they do not exist). ⬆

Recent Techrights' Posts

Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
 
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026