Bonum Certa Men Certa

The Attack on the Independence of the European Judges Has Apparently Expanded to the German Constitutional Court (Bundesverfassungsgericht)

What happens if Team UPC has shrewdly added its members to the German court that is set to decide on UPC?

Stephan Harbarth



Summary: Questions and doubts linger over the future (or lack thereof) of the Unified Patent Court (UPC); the addition of Stephan Harbarth, however, is rather disturbing as he might become the court's president in a couple of years and his bias/self-interest is a matter of public record

THE European Patent Office (EPO) does not mention the UPC anymore. Almost never. Seeing the potential scandal over a judge's or future president's appointment, they might be wise to say nothing. We've been researching this further and it looks rather ugly; we only abstain from commenting any further because there's no clear evidence of malice just yet. Might this explain fabricated (albeit false) rumours from Team UPC? They have gotten really desperate.



"The UK can stay in the EPO, but the UPC does not exist and even if it did exist, Britain would be unable to become part of it."Yesterday Lexology published this piece titled "German Constitutional Complaint Against the UPC Agreement"; Weickmann & Weickmann's Dr. Markus Herzog oversimplifies this; Hungarian courts would reject the UPC too as it was found to be unconstitutional (by a high court) so Germany isn't the final stop, Brexit notwithstanding as well. This is the latest spinner of many Team UPC spinners and we watch this closely (as we do Stephan Harbarth).

Yesterday we saw this article from IPPro Magazine's Ben Wodecki, who obviously misses the point that the UPC is practically dead (bar incredible mischief) and therefore there's nothing left for the UK to seek participation in. Wodecki wrote this:

Once the UK leaves the EU, it says it will continue to seek participation the Unified Patent Court and Unitary Patent system and will continue to cooperate in relation to IP within existing multilateral treaties.


The UK can stay in the EPO, but the UPC does not exist and even if it did exist, Britain would be unable to become part of it. Seeing the corruption associated with Battistelli's attack on judges -- an attack perpetuated by António Campinos -- the Constitutional Court in Germany is expected to ultimately reject UPC/A. Does Team UPC have some trick in the making? Might Stephan Harbarth be part of it? His past statements associate him with Team UPC (he publicly lied about the prospects of UPC while working for a private firm), so he is not an independent observer. He was well paid by those with interest (and investment) in the UPC. He wore "two hats" and received almost the most money while in Parliament (from a private firm).

Managing Intellectual Property, an EPO-connected UPC propaganda site, has meanwhile published another marketing piece from Inspicos P/S. It's about the EPO's appeal boards that still lack independence and to quote (with repetition highlighted):

EPO: Appeal board of EPO provides guidance on amendments filed late



In opposition proceedings before the EPO, the formal admissibility of amendments filed late by proprietors is a frequently debated topic and differently decided on. A recent appeal decision, T 500/15, reiterates the criteria for the assessment of admissibility of amendments that are filed late and the specific criteria the competent departments of the EPO should apply when exercising their discretionary powers with regard to admissibility.



[...]

In the subsequent second instance proceedings, the appeal board entrusted with the matter came to the conclusion in decision T 500/15 that the first instance department had not adequately exercised its discretionary powers with regard to the admissibility of the amended claims.



We can quite frankly relate to the appeal boards for two reasons: 1) Team UPC is trying to make them redundant (destroying their very role); 2) Team Battistelli constantly attacks their independence, thus discrediting the perceived legitimacy of their decisions. We might soon see the Constitutional Court in Germany suffering a similar problem (discredited legitimacy because of the addition of Stephan Harbarth).

It's really a shame that Europe's patent system -- once among the best in the world (if not the best) -- became so chaotic. Yesterday we saw this outline of a new Federal Circuit case where it fought back, successfully, against patent maximalists (they like to smear these technical judges, but they cannot fire them or cause resignations). They cited European Patent Application Publication No. 0 094 161:

Last week, in In re Ikeda Food Research Co., the Federal Circuit affirmed a decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board affirming the Examiner's rejection in an ex parte reexamination of claims 22 and 23 of U.S. Application No. 12/851,668 for obviousness. On appeal before the Board, the challenged claims were found obvious in view of three references: European Patent Application Publication No. 0 094 161 ("Senior") and U.S. Patent Nos. 6,656,702 ("Yugawa A") and 6,059,946 ("Yugawa B").


As readers know, we've stopped covering US affairs except if (and when) we see threat of a software patents comeback over there. Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) continue unabated (patent maximalists report figures for 2019 and it's roughly the same as before) and 35 U.S.C. €§ 101 remains largely the same, in lieu with SCOTUS. It's actually the EPO that now poses a a threat of software patents resurgence. Their plan has, perhaps all along, been to bypass national patent courts with the UPC, extending the EPO's position on bogus, abstract patents to judges as well. We cannot let that happen. It would severely harm Europe.

As Dr. Ingve Björn Stjerna put it a month ago: "Will Mr Harbarth’s commitment to the European patent reform [sic] be continued at the BVerfG?" (Bundesverfassungsgericht)

Based on our readings, before even reaching the age of 50 this man already has quite a few scandals under his belt.

Recent Techrights' Posts

"How Many Friends Do You Have?"
"Do bots count?" "Friends in Facebook?" "Does a girlfriend chatbot count as a friend?"
Solicitors Regulation Authority (SRA) Responds to Crises Only After It's Way Too Late
The SRA does not do its job. The new chief's job is face-saving PR in the media.
The Techrights Team Makes the Platform Faster
The infrastructure is already fast
France Does Not Need Digital Weapons Disguised as Social and as Media
French people lost interest in Social Control 'Media' (or Networks)
EPO "Productivity" Will Fall Off a Cliff If Examiners Stick to the European Patent Convention (EPC) and Follow the Real Rules
The EPO's "Cocaine Communication Manager" would hate to see the next "productivity" metrics
The Problem is Not Technology, the Problem is Really Bad Things Sold or Imposed as "Tech" (Like a Religion Built Around Technology)
Don't hate technology, hate the corporations that abuse it to promote coercion, exploitation etc.
Resisting IBM and EPO Corruption
Rise up against EPO dictatorship next week
Where Slop Meets Ghostwriting: It's a False Analogy
It's a false analogy
 
Links 18/02/2026: Gig 'Economy' Condemned, Microsoft Insulting/Stressing People With False Slop Predictions
Links for the day
Twitter Falling to 1% in Africa's Largest Nation (Algeria)
About 15 years ago the regime in Egypt got toppled (and others had been too) partly because of social control media such as Twitter
Mozilla Firefox Died in Afghanistan
Mozilla has been a complete disaster
Gemini Links 18/02/2026: Astronomy and Texinfo
Links for the day
Are IBM CEO and IBM CFO Ready for Financial Audit That Topples the Shares by 50% in One Day?
The same "chefs" that cooked up Kyndryl Holdings Inc are still in charge of the IBM kitchen
"Senior AI Reporter" at Slop Technica/Ars Sloppica Has Written Nothing in Nearly a Week, Did Conde Nast Suspend Him for Fake Articles With Fake Quotes?
Slop Technica/Ars Sloppica is having a serious credibility issue right now
Linux Foundation Puts Slop Images, Not Just Slop Text, in Linux.com
More of the same then
The Register MS Paid-for 'Articles' (Ads) Seem to be LLM Slop Again
If it's true that The Register MS is resorting to these marketing tactics, will they later delete the evidence (as they did months ago)?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 17, 2026
IRC logs for Tuesday, February 17, 2026
Microsoft Had Mass Layoffs Every Month Last Year, This Year It's Delaying a Lot to "Prove" Rumours That Crashed Its Stock... 'Wrong'
Building a bigger snowball for later
Red Hat Is Not a Company Anymore, Amid Bluewashing and Mass Layoffs It's Merely IBM "Division" or "Brand" or "Product"
systemd at this point is sort of like IBM/Microsoft thing
IBM suffers "worst weekly drop in six years", Microsoft's MSN calls it "buying opportunity"
Ask Cramer what to do
Still Some Slopfarms in View, Sometimes Targetting "Linux"
That's a total of at least 4 in Google News today, coming from 3 sources
Gemini Links 17/02/2026: 3D-Printed Stainless Steel Smartwatch and Gopher Bay Offline
Links for the day
Links 17/02/2026: Machine Rage and Microsoft Kills XBox Social Clubs
Links for the day
Links 17/02/2026: Why OpenClaw is Very Sleazy and Ars Technica Exposed as Hub of LLM Slop (Credibility Destroyed Overnight)
Links for the day
Benj Edwards (Ars Technica) Used Fake Articles to Promote Ponzi Scheme for Conde Nast and Its Client (Marketing)
What Ars Technica and Conde Nast do here helps defraud the general public
Slop Technica: Ars Technica Seems Like Repeat Offender, a Part-Time Slopfarm
The culprits are repeat offenders, but the publisher will never admit this in public
Only One in 50 Saudis Would Use Microsoft for Search, Almost Same as Would Use Russia's Yandex
If statCounter is to be trusted
Microsoft's "AI" Concerns Are All Indian (or Low-Paid Workers Who Work Extra Hours Unpaid)
portraying charlatans and frauds like they're some kind of visionaries and luminaries
Microsoft Turned Bing Into Censorship Machine of China, But Bing Is Pegged at a Mere 2% in Asia, Yandex is Bigger
Expect many Bing layoffs some time soon (like in past years)
Just Like The Register MS, Conde Nast's Ars Technica Has Just Publicly Admitted That It Published Fake Articles (Slop) Made by LLMs About Serious Subjects
Conde Nast might shut Ars Technica down to escape the bad publicity/association
Solicitors Regulation Authority (SRA) Way Too Slow to Respond to Financial Fraud at Law Firms, in Effect Helping Those Law Firms Defraud Many More People (Fleecing Clients)
Who will hold the SRA accountable for this?
Techrights Became a Hub for News That IBM/Red Hat Doesn't Want You to See (and Pays Mainstream Media to Distract From)
the more viciously the notorious organisation attacks the reporter, the greater the interest in what the reporter has to say
EPO's Central Staff Committee on Fourth Technical Meeting, Two Days Before First of (At Least) 4 Winter Strikes at the Second-Largest European Institution
“future orientations on the salary adjustment procedure”
IBM's Collapse Continues, Half of EU Countries to Have Mass Layoffs, "IBM Clearly Disinvests From Europe" Says IBM European Works Council
Recent publication
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 16, 2026
IRC logs for Monday, February 16, 2026
Gemini Links 17/02/2026: Alpenglow Industries' Closure and Gemini Server Issues
Links for the day
The Southern California Linux Expo (“SCALE”) or SCALE 23x Becomes Microsoft
It's not supporting the event, it is buying it.
Where Microsoft's Bing Cannot Even Reach 1% "Market Share"
Looking at "I" countries
Microsoft to Focus on Name-Dropping Buzzwords to Distract From Declining Business, IBM RAs (Layoffs) With Staff Stack-Ranked
Calling everything cloud or reclassifying as "AI"
Another EPO Strike One Week From Now, Local Staff Committee Munich to Discuss It This Week
Campinos MIA while Office staff goes on strike at least 4 times
Links 16/02/2026: Barack Obama Responds to Racist Cheeto and Benjamin Mako Hill Studies Online Communities
Links for the day
Gemini Links 16/02/2026: Task Completed by Avoidance and "Playing Again With Akkoma"
Links for the day
Happy Birthday (or Anniversary) to SoylentNews
"Happy Birthday SoylentNews"
Techrights' Architecture
Stability is the main goal
IBM Reduces the Thresholds for Acceptance (and the Salaries)
Are chatbots good enough as IBM staff?
When It Comes to Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
Linux Foundation Continues Falling Off a Cliff in Geminispace
Gemini Protocol will turn 7 this summer
Links 16/02/2026: cURL’s Daniel Stenberg Asserts That Slop is DDoSing Free Software, But Still Uses a Plagiarism and GPL-Violating Blender (Microsoft GitHub)
Links for the day
The Techrights Community Never Needed Money, Only Goodwill
We accomplish things by a track record of suppressed facts
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
Social Control Media is Just a Digital Weapon
Social control media is not social and not media
They Will Call Smart People "Luddites"
Is society "seeing the light"?
Microsoft Amutable Already Reveals That Its Focus Is Not Linux, It'll Promote "Remote Attestation"
This is basically an attack on Software Freedom, even if they toss around the brand "Linux"
More People in Chad Move to GNU/Linux
Last year we began to see GNU/Linux rising there - a trend which continues this year
Dr. Andy Farnell on How Universities and Culture of Education Got Crushed by "Technofascist Nightmare"
Farnell says he "already soft-quit in [his] mind"
Debt of Broadcom Grew by More Than 50%, Broadcom is Deeper in Debt Than Google
Expect many more cuts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 15, 2026
IRC logs for Sunday, February 15, 2026