Bonum Certa Men Certa

EPO Remains in Defiance or Violation of ILO Rulings as Corcoran Contract Ends in 3 Days

The EPO operates outside the Rule of Law and judges now know it, seeing what their colleague has been subjected to

A technical board cluster



A technical board cluster



Summary: How Herr Ernst ('Herrnst') succumbing to the will of Battistelli represents a rogue state of affairs that undermines the Unitary Patent (UPC) and should get further scrutiny from the international 'establishment' (whoever has sufficient political clout as well as desire to tackle these profound issues)

Kluwer Patent Blog, a longtime propaganda platform of Team UPC (the writers there have a stake in the outcome), is facing severe backlash in the comments. See the comment here (probably in reply to Bristows) and 15 comments in reply to Tilmann. Those are very UPC-hostile comments in a pro-UPC blog which got caught deleting UPC-hostile comments in the past. It's quite revealing and increasingly evident that even the patent 'industry' has shifted or changed its tune. Indeed, people in the legal community have totally lost interest in the UPC and recognise the UPC's dangers, not just the unlikely event of it becoming a reality (soon or ever). WIPR wrote about it the other day. But there's something more interesting in this blog's comments.

"It's quite revealing and increasingly evident that even the patent 'industry' has shifted or changed its tune."A comments thread which we mentioned more than 2 weeks ago (even more than once) and again several days later is still evolving. Some people who appear to be close to the action have posted some information or circulated it. It's about the EPO scandals which put at risk the UPC because they demonstrate structural deficiencies and lack of oversight.

The following comment is based on a claim from an anonymous comment that we were never able to verify as truthful (and is likely false), but the remainder says that "if the Register is correct to report that the EPO’s management was responsible for last-minute changes to the agenda for the meeting (including the crucial part discussing Mr Corcoran), then it would appear that Mr Battistelli’s fingerprints are all over the AC’s decision."

Constitutional crisis in Germany, implicating a German chairman (and UPC proponent). The German constitutional judges hopefully take note of this.

A comment on IPKat that was posted yesterday (but only became visible today) suggests that the AC has “independently” suspended Mr Corcoran AGAIN.

http://ipkitten.blogspot.co.uk/2017/12/the-ilo-rules-reinstatement-of-board-of.html

If this is correct, then I take no pleasure in saying “I told you so” (in my prediction from 8 December): http://patentblog.kluweriplaw.com/2017/12/07/the-ilo-is-alive/

So, as predicted, we must now ask a more fundamental question: is the AC performing its function?

To begin to answer this, we need to first consider several important facts.

Firstly, the “evidence” against Mr Corcoran has not been proven (by any body untainted by the partiality of Mr Battistelli) to amount to an offence that would justify his suspension.

Secondly, as I understand it (https://www.theregister.co.uk/2017/12/14/epo_mess_latest/) Mr Corcoran was not invited to the relevant session of the AC meeting, and so was unable to provide a defence to the charges against him … which charges, we must remember, stem from a process that has been condemned by the ILO as “partial”.

Thirdly, if the Register is correct to report that the EPO’s management was responsible for last-minute changes to the agenda for the meeting (including the crucial part discussing Mr Corcoran), then it would appear that Mr Battistelli’s fingerprints are all over the AC’s decision.

So, to sum up, the AC has responded to an ILO decision condemning partiality in the handling of Mr Corcoran’s case by sanctioning him again on the basis of “tainted” evidence and a “tainted” manipulation of the meeting agenda, and without even giving him a chance to respond to the accusations against him.

If even only a part of this is true, then we have an answer to the question of whether the AC is performing its function: it’s a clear “no”. What a disgrace!


"The upper management of the Office and the AC, starting with its new chairman are a disgrace," said the following comment, alluding to 'Herrnst' and not just Battistelli (he continues Kongstad's tradition of enabling Battistelli):

I have always thought that somebody cannot be sanctioned twice for the same offence. Even if the pretext is different, for instance a relation of confidence has been broken, it boils down to the same, as the basic considerations stemming from the early attack, still apply. The whole thing is a clear denial of justice.

I find it not correct that the fate of a member of the BA is dealt with in a confidential session of the AC in which the person subject to the discussion cannot bring in his point of view. But the president was allowed to bring in his opinion. That the texts do not foresee it is not an excuse. The texts have not foreseen either such a mess, and it is the primary fault of the office and of the AC that we are now in such a situation. It will end up with a further round before the ILO-AT, but what will it bring in substance?

It will again take years until a decision comes, and even if for the EPO heavy fines would result from the procedure, the users of the system will have to pay them, not the “managers” and “lawyers” responsible for the whole mess. It should be those people who shoot foot the bill, already now.

The upper management of the Office and the AC, starting with its new chairman are a disgrace. I have as well doubts about the capacity of the new chairman of the boards to resist the tenant of the 10th floor.

The German Constitutional Court cannot overlook such a lack of independence. I hope it will react one way or the other. There is not only the complaint about the UPC pending before it, but as well other claims linked directly with the functionning of the Boards. Those claims have not been dismissed for formal reasons, but admitted.



As pointed out in another comment, the whole thing spells doom for the UPC:

Opposition against the ILO decision comes from fearful members of the AC and Mr. Battistelli who only have a practical interest

I don’t know you, but I so much would like Prof. Tillmann, Wouter Pors and others to comment on what is going on at the EPO … – unless they are too busy trying to shore up the UPC to notice that Mr. Battistelli is undermining their castle from below.



"Sad EPO Staff" then wrote something which we saw alluded to in The Register:

FOR YOUR INFORMATION TODAY :

According to reliable sources at EPO, Patrick Corcoran, the during close to 3 years, unduly suspended DG3 judge, has today 20th Dec. 2018 (12 days after the ILO-AT judgment in his favour) still no computer or access to his e-mail account. His phone number has not been restored. His salary transfer for December was still based on the reduced salary.

So it appears that “someone” is impeding the implementation of the ILOAT decisions.


Guess who that someone might be.

We frankly believe that the UPC will never materialise. It's essential that German politicians and judges are made aware of all this.

Recent Techrights' Posts

IBM HR "Process is Similar to Raising Farm Animals"
IBM "silent layoffs" won't stop
Brett Wilson LLP Has Just Lost a Case of Its Biggest Client "IN THE COURT OF APPEAL (CIVIL DIVISION)"
Is Brett Wilson LLP proud of such clientele?
Gary Smith Says Brett Wilson LLP Engages in SLAPP Against Him Over LinkedIn Post, "This is the Streisand Effect in Real Time"
"Lawyers who front SLAPP‑style threats on behalf of powerful institutions are not “defending reputation”; they are abusing legal process to intimidate and silence legitimate public‑interest scrutiny."
 
Not Tolerating Death Threats
Death threads are a serious matter
Silent Layoffs, 'Happy' Layoffs, and 'Buyouts' (Pretending to Voluntarily Retire)
We've been seeing lots of that at IBM and Microsoft
SLAPP Censorship - Part 125 Out of 200: Litigants in Person (LIPs) Handling American Lawfare Funded by Third Parties (About a Million Pounds for 100 Kilograms of Legal Papers)
An appeal to the Court of Appeal can be justified at one point
Attacks on the Sites
These are clearly censorship attempts
Links 02/07/2026: Microsoft May be Shutting Down 5+ Studios, Slop Got Too Expensive, "RAMpocalypse" Discussed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 01, 2026
IRC logs for Wednesday, July 01, 2026
Gemini Links 02/07/2026: Kondo, Theological Thought, and X4
Links for the day
Links 01/07/2026: Apple and Microsoft Price Hikes, Political Catchup
Links for the day
Parroting the Script of RAs and PIPs, "Buyouts" and Layoffs by Any Other Name
Over time people will find out just how many people "leave" IBM
Slop Gives No Real Edge, It's Just Falsely Marketed That Way (FOMO)
Plagiarism in some measurable form is always bad, irrespective of what we call it
The Microsoft-Owned Media Shows What Spin Microsoft Will Use Amid Mass Layoffs
Microsoft says goodbye to over 10,000 workers this month
The Media is Shooting Its Own Foot by Peddling Slop and Spam
Nobody wishes to read slop; as soon as people realise "the news" (or "news site") is LLM trash, they will walk away
Gemini Links 01/07/2026: Wild Flowers, Slop, and Waystone Tools
Links for the day
Links 01/07/2026: Bending Spoons Makes an 'Exit' ("Going Public"), US Supreme Court Rules on Many Issues
Links for the day
Misattributing Blame, the Core Issue is Slop
that issue has nothing to do with Bash
Microsoft: Layoffs Are an Investment
Sales of the console will take another plunge and debt will skyrocket
Links 01/07/2026: MElon (Elon Musk) "Confronted With List of People He Has Killed", Microsoft Ignores Union, Chooses "Bloodbath"
Links for the day
The Register MS: Paid-For SPAM Advocating Chinese Colonialism in Africa, Not Even a Disclosure (as Before)
Does The Register MS recognise what this piece is promoting and who for?
Techrights Never Defended Rapists
In the past, I and others got falsely accused of "defend[ing] a rapist"
"Regular Silent Layoffs and PIPs" at Microsoft, According to Microsoft Insider
Many people leave without a fuss, only a signed NDA
Gaming Companies Help Promote Rootkits ('Anticheat') and Help Microsoft Take Control of People's PCs
The industry in its current form acts a bit more like a cabal of power-hungry companies that actively try to back-door everything and smear people who oppose that
IRC (Internet Relay Chat) Turns 38 Next Month
IRC did well because over 300k users are on significant networks (simultaneous, also counting bots and cross-network overlaps)
opensourceforu.com is a Slopfarm, It's Not "Open Source" and It's Not "For U"
Slop "For U"
DRM and Ownership
We now even have PCs that "expire"
GNU/Linux Reaches 6% in North America
Tomorrow around 10AM we'll see what preliminary data they get for July
IBM Layoffs Still Happening in 2026, They're Just Not Being Reported
The demise of IBM accompanies the demise of the media
SLAPP Censorship - Part 124 Out of 200: The Court Deems My Wife Connected to the Case of the Serial Strangler From Microsoft, Invites Her to the Hearing Last Week
Brett Wilson LLP does not play by the rules
Paying Severance to Staff Laid Off by Microsoft Too Expensive for Microsoft Now?
When companies earn such a bad reputation (not paying severance to people they discard) it lowers morale even further
Microsoft Mass Layoffs Due to Money Problems (Debt, Lack of Money to Complete Payroll), Not "Hey Hi"
If Microsoft later comes up with some "Hey Hi" narrative, then immediately reject it
Stop Conflating Free Software With Slop Plagiarism and Time-wasting
Even decades ago people could use "compute" for lots of fuzzing, then file away false or unaudited reports using bots
What Security Means
Security does not mean asking Microsoft for permission
Microsoft May be Losing 10,000+ Workers This Month
Here's the quick math
BSN Senior School Leidschenveen is Shutting Down and What That Means to the European Patent Office (EPO)
Follow-up meeting with Site Manager VP1 on school matters
Gemini Links 01/07/2026: Keeping (Relatively) Cool plus Adventures in Solar, Camp Snap Cameras and XTEINK X4 Ereader Reviews
Links for the day
European Patent Office (EPO) Series: Different Strokes For Different Folks
Organisation operating in two parallel universes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 30, 2026
IRC logs for Tuesday, June 30, 2026
GNU/Linux Measured at 4.4% by statCounter, Even More by analytics.usa.gov
GNU/Linux has fared well
Getting Skyped: Closure of Studios Microsoft Bought
wait till July and the mass layoffs outside XBox
Several Waves of Red Hat Layoffs This Year, Is This Still Going on Under IBM?
The PIPs and NDAs hard to get a clear picture
Sabine Hossenfelder Versus IBM Scamming Shareholders
IBM has become a garage of BS
Some XBox Layoffs Underway, At Least Five Studios to be Shut Down
Insiders are in a state of panic
Gemini Links 30/06/2026: Music Theory, Addiction, Clown Computing
Links for the day
Links 30/06/2026: France Recorded 1,000 Excess Deaths During Heat Wave, Slop Replaced by Human Staff
Links for the day
WordPress Becoming What We Feared It Would Become
WordPress and other such bloatware (WordPress used to be fast and light) are moving in the same trajectory that GAFAM leads
People Given the Totally Wrong Idea That "Secure Boot" is About Security (It's the Opposite, It's About Handing Control Over to NSA/Microsoft)
"Secure Boot" with capital "B" is conflating compromise with security.
Today The Register MS is Publishing Fake Articles About "AI", 100% of All "Content"
Maybe the media is dying because it is selling its soul [...] The Register MS has no standard
America Has Cost Europe Too Much
Countries ought to be controlling all their own systems
GAFAM Debt Will Surge, in July We'll Know by How Much
Do not fall for slop or sloppy narratives
Call for European Patent Office (EPO) Whistleblowers
The European Patent Organisation (EPO) might not reform the Office
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Too Many "Marketers on the Payroll" at IBM, Selling Impossible Products That Cannot be Delivered or Will Never Deliver
IBM is rotting away
Media Says Microsoft's (XBox) Layoffs May be Record-Breaking
think somewhere in the range of ~5000 for gaming/XBox alone
Sirius Open Source's Latest Report: Fake (False) Number of Staff, Almost No Money in the Bank, Overdraft, and Growing Debt (About £100,000 More Borrowed)
massive (and still growing) debt
Links 30/06/2026: What's Wrong With EU Age Verification, RSA Keys with Many Zeros
Links for the day
This is Not a Security, This is a Circus
Security does not mean "asked Microsoft for permission"
Communities Need Strong Leadership, Not Dictators Like IBM
Leadership in Free software is not ownership [...] Fedora will only last as long as IBM can somehow make some money out of it or leverage it to attract sharecropping
Patents Are Not "Cash Cows"
People who deliberately don't understand patents (or believe lies about them) will fail to understand how the world works (or does not work)
Sad Lives of People Who Think Women Are Just Sexual Toys (All They Have is Money)
money is still a man-made concept and life is finite
SLAPP Censorship - Part 123 Out of 200: Why Violence Against Animals Matters
Starting tomorrow (Wednesday) we'll begin telling stories about what happened last week
EPO Staff Union's (SUEPO) The Hague Committee, With Help of Lawyer, Challenges Lack of Rewards for Hard Work
The EPO is not about granting valid patents anymore. The horse-trading corrupt officials just see the EPO as some thing that "prints money"
Massive EPO Demonstration Today
It'll start in about 6 hours
More Layoffs in Microsoft's PR Department, Even Ahead of 'D-Day'
Notice they are not even waiting for the official date (nor week)
European Patent Office (EPO) Series: Photo-Ops Galore and Suspicions of Influence-Peddling
coverage of the EPO's Croatian junket
Gemini Links 30/06/2026: Music and Broken Hearts
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 29, 2026
IRC logs for Monday, June 29, 2026