Bonum Certa Men Certa

EPO Refuses to Admit that Unified Patent Court (UPC) is Dead, But It's Boosting Others Who Are Lying About It for a Living

Can you tell a lie by staying silent? Or by indirection?

Silence



Summary: Silence is gold to the EPO, which has not yet said a single word about the UPC constitutional complaint going forward; in fact, the EPO chooses to not say anything about the UPC in general, except indirectly

THE EPO has grown louder again about the UPC, albeit only indirectly, namely by retweeting some other account a few times yesterday. It's quite revealing.



Months ago we published a post titled "Belgium’s Jérôme Debrulle, the EPO and the UPC Connection," noting that Debrulle is Battistelli's special friend and ally for UPC lobbying. There's also a connection to Campinos. Here is what the EPO retweeted yesterday:

Jérôme Debrulle, Chairman of the @EPOorg Select Committee, will speak at the upcoming UP&UPC Conference on 3rd July in Munich. For more information: http://www.unitarypatentsystem.eu/ #patent #unitarypatent #IP pic.twitter.com/udqF7gyRPt


The FFII's President, who is Belgian like Debrulle, said: "Items from the Belgian constitutional complaint are still valid, they will just have to be answered after the UPC is running."

Another retweet reveals the role of Margot Fröhlinger. Are her days at the EPO numbered? The UPC is dead. She knows it (it's her full-time job to lie about it though). What would her purpose at the EPO even be when all hope is gone? Might as well call off these UPC events/charades. Waste of money and effort at times of imminent cuts. The tweet in question said: "UP&UPC 2018 Conference on July 3rd: register now to benefit from the early bird rate: only €299 until end of February!"

Battistelli's friend Yann Ménière will be there also. Battistelli is leaving, so he won't speak there, unlike last year (Debrulle was there last year as well).

It's just hard to understand why they keep pushing this dead thing, like beating a dead horse.

As it turns out, based on this new page, patent maximalists from the US are also meddling in EPO affairs; they too are UPC pushers (primarily for their troll clients; it does not put them at risk). To quote:

The Intellectual Property Law Association of Chicago (IPLAC) Patents-International Committee will be offering a presentation by Alfred Keyack, EPO Attaché to the United States, entitled "Inside the European Patent Office: Questions & Answers" on March 7, 2018 from 11:45 am to 1:00 pm (CT) at DePaul College of Law in Chicago, IL.


Remember who appointed Alfred Keyack. He's another one of those Battistelli flunkies.

Meanwhile, IP Watch's Dugie Standeford, who is familiar with UPC and EPO scandals, writes about the constitutional complaint going forward. To quote:

The German Federal Constitutional Court has agreed to take up a challenge that could potentially derail the Unified Patent Court (UPC). The special – and opaque – procedure under the national constitution allows a single individual to claim constitutional breaches, said Hogan Lovells (Dusseldorf) patent litigator Clemens Plassmann. The lawsuit leaves the UPC is disarray at least until next year, he said.

Meanwhile, in the never-ending feud between European Patent Office (EPO) management and staff, President BenoÈ‹t Battistelli was forced to back off from a planned rule change that would allow him to fire staff members “if the exigencies of the service require abolition of their post or a reduction in staff.”


The UPC is dead. Many have already explained the timeline and why it means that only France (country of Battistelli) has ratified among countries that must ratify for UPC to come into effect. It's very unlikely that the UK and Germany will ratify, but the patent 'industry' carries on lying about that.

Kluwer Patent Blog, for example, has just been pushing illusions and lies again, alluding to a "yet-to-arrive European patent with unitary effect" even though there's no such thing and it is not arriving. Here's yesterday's paragraph in question:

The quality and speed of the examination process will hopefully make Spanish patents the natural alternative to the yet-to-arrive European patent with unitary effect, particularly for small and medium-sized companies seeking protection in less than four or five EPC contracting parties.


Spain will never ratify; it's not interested in anything like the UPC and it already explained that the UPC would be detrimental to SMEs (which is true by the way).

Here's another new comment about barriers to the UPC that are associated with EPO scandals. It's about lack of independence:

If I have understood CA/D 18/15 correctly then suspension with full salary does not trigger the 24 month time limit. This first comes into play when there is a reduction of salary.

That means that the person can be suspended on full salary with no time limit for a final decision. Only if the salary is reduced will the 24 month time limit apply.

This can be extended in "exceptional circumstances". But what means here "exceptional circumstances" ?

Also it is unclear whether this provision applies to members of the Enlarged Appeals Board appointed under Article 11(5) of the EPC.

Is there now a two-tier judiciary in the Enlarged Appeals Board with one category of judge appointed under Article 11(5) and a second category appointed under Article 11 (3) ?


While the UPC languishes we expect the EPO to say almost nothing about it (except indirectly). Why? Because the only thing the EPO can tell about the UPC is something negative or an intentional lie. We suppose they decided to just keep silent about the whole matter. Maybe it's their current policy.

Recent Techrights' Posts

IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026