Bonum Certa Men Certa

EPO Management Already Meddles in (Illegally and in Clear Violation of the EPC) BoA Cases. Now It Does the Same to Bundesverfassungsgericht (FCC, Germany's Constitutional Court).

Judges afraid of me? OOPS!



Summary: Germany's Federal Constitutional Court (FCC) cannot be left alone by Team UPC, its media front groups (or pressure groups with publication as a weapon) and the EPO's active 'harassment' of those assessing legality; this merely reinforces many people's negative views (the EPO operating outside the rule of laws which govern it)

THE recent setbacks for the UPC must have gotten the litigation firms in Munich (or its suburbs) rather nervous. More and more of them now realise that the UPC will never come about.



"That’s like the U.S. Patent and Trademark Office (USPTO) lobbying SCOTUS by lying to it on the (non)issue of 35 U.S.C. €§ 101. What would the judges think and feel?"European Patent Office (EPO) President António Campinos is already meddling in a case regarding software patents in Europe, which are illegal. He has leverage over the already-terrified judges, who were collectively bullied and punished by Battistelli, the man who gave Campinos this job. Their location in Haar doesn't give them safety, it merely gives them a warning (from the President of the Office). You're one stone-throw away from a “difficult legacy”...

Looking at the latest replies to one article about the truly ridiculous late Friday press release, we now see "The Convention watchdog" stating:

The wishes expressed by the EPO and its Administrative Council which outcome they expect from pending proceedings may influence the Boards of Appeal in their decisions. This approach will certainly not work with the Bundesverfassungsgericht.


That's like the U.S. Patent and Trademark Office (USPTO) lobbying SCOTUS by lying to it on the (non)issue of 35 U.S.C. €§ 101. What would the judges think and feel?

Another comment alludes to the EPO's repeated lies about SMEs and the UPC's effect on them:

High costs and lengthy proceedings make the EPO route objectively challenging for SMEs. There are reasons for the continued reliance on national filings and alternative tools when they are available, such as utility models in Germany.

If the EPO really wants to be on par with other prominent patent systems in terms of attractiveness for SMEs, why not look at a 50% reduction of all fees for SMEs and individual applicants, as in the US ?


"MaxDrei", apparently a retired patent attorney, already envisions the UPCA process being rebooted, this time without the UK (this can take years; drafting, discussion, ratifications and so on -- in the face of growing resistance in more EU member states):

Just a thought, but could it be, that departure of the UK from the EU will ease re-negotiation of the UPC, allowing it to come into force sooner rather than later (or not at all).

I mean, lawyers in England find it so hard to reconcile their system of law with that on the European mainland. And civil law practitioners from the remainder of the EU, in discussion with nit-picking English lawyers, find it hard to appreciate where those English lawyers are “coming from”.

True, the Republic of Ireland also has English law but RI is a relatively small EU Member State, with no delusions that it is the true carrier of the flame, the fount of all logic, and all nations in Western Europe should follow its lead.

So, from now on, legal discussions between the 27 remaining EU Member States, on all legal issues, not just patents, should proceed more smoothly and efficiently. That would go wider, extending for example to any legal discussions between the EU and any or all of China, Japan, Korea.

Meanwhile, lawyers in England will be more free to get into a warm and self-congratulatory huddle with their cousins in the USA.


Based on documents published by Corbyn (they had been published elsewhere beforehand) just before the latest election, the US has some plans.

All these issues aren't properly explored by IP Kat anymore; the team there has changed profoundly. It's not hard to see that today's EPO is lawless and it disregards the EPC in a lot of ways, but all IP Kat had to say this past week boiled down to book promotion -- a book called "A Practitioner's Guide to European Patent Law"; is the law even followed? "The book's approach consists of summarizing national and EPO case law for each of the 14 (plus one, see below) topics," it said, "and identifying the common principles. To make the task manageable, the book limits the analysis to four (arguably the most influential) European jurisdictions: England and Wales, France, Germany and the Netherlands."

Yesterday we saw also IAM, which had been paid by the EPO to promote and lobby for UPC, saying that "The EU should not contemplate abandoning the Unified Patent Court system" (that's just typical IAM).

Joff Wild posted as "opinion" these thoughts:

Earlier this week the UK Prime Minister Boris Johnson played host to the new President of the European Commission, Ursula von der Leyen. As is usually the case with such meetings, it was followed by an official communiqué from the British government giving its account of what was discussed. The document issued totalled a few paragraphs, one of which read:

The PM was clear that the UK would not extend the Implementation Period beyond 31 December 2020; and that any future partnership must not involve any kind of alignment or ECJ jurisdiction …


Only a day or two later the EPO issued the ridiculous press release, which has so far received nothing but condemnation in comments we saw about it. It's delusional.

Recent Techrights' Posts

OpenAI Traffic Collapsing (for 3 Months in a Row About 20% Down Per Month), Bankruptcy Likely Soon
How much time has OpenAI got before its massive debt is too much for anyone to shoulder or bear?
IBM + NDA = Laid Off Workers Saying "Thank You" for the Layoffs
The important thing is, for now, more people become aware of it
 
IBMers Impacted by the Mass Layoffs (Which IBM Tries Not to Talk About) Are Livid as the CEO "Spends 11 Billion He Doesn’t Have"
IBM dooms both its brand and its future
Consumerism and Christmas
Many of us yearn for prior decades when December was about family, not shopping
'Linux' Foundation 'Research' (Marketing) Has New Report About "Open Source" and It Was Made Using Proprietary Software and Not Linux
what 'Linux' Foundation 'Research' is
Links 08/12/2025: Cambodia-Thailand Air Raids, Japan/China Military Incident
Links for the day
The "Cut 10,000 Jobs" Clickbait and Microsoft Sites Now Speculating That Microsoft CEO Has Just Signalled More Mass Layoffs
by our tally, Microsoft had more than 30,000 layoffs this year, not 15,000
Canonical Outsourcing Ubuntu to Microsoft Results in Broken Ubuntu, Just as One Can Expect
State actors and Microsoft prefer it that way
Mocking a Software Developer for Using the Terminal or Programs Like Emacs
A decade ago someone asked RMS (Richard Stallman, founder of the free software movement) to send a screenshot
Monsieur Claude Sahl, Part of the Administrative Council of the EPO (Which Fails to Administer the EPO), Has Been There For Over 30 Years
They have basically built themselves a very expensive palace in Bavaria (Germany), in which to grant European monopolies to billionaires and companies that aren't even European
Open Letter to the Administrative Council of the EPO Calls For Action as Salaries Decrease (Just Like Patent Validity)
Based on what I heard and spoke about with journalists, they accept there is a substance abuse problem at the EPO's management
Links 08/12/2025: "Leaving Intel" (Exodus Continues) and Ways "to Civilize Digital Life"
Links for the day
Gemini Links 08/12/2025: Earbuds and Offline 'Smartphones'
Links for the day
Books About Bubbles
calling things "AI" and "AIs" can mislead the reader
Links 08/12/2025: Slop Failing and Windows Users Won't 'Upgrade' Due to Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 07, 2025
IRC logs for Sunday, December 07, 2025
IBM's Mass Layoffs Will Continue Until Morale Improves
From recent hours
Links 07/12/2025: Political Catchup, Conflicts, Environmentalism
Links for the day
Gemini Links 07/12/2025: "Lazy Saturday" and Kubernetes With FreeBSD
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 06, 2025
IRC logs for Saturday, December 06, 2025
Links 06/12/2025: Science, Hardware, and Slop Fatigue
Links for the day
Contact Your National Representatives (Delegates) at the EPO, Here Are All the E-mail Addresses
We'll say more about this next week
Hopefully Slopwatch is Dying
Some of the offending sites we used to keep abreast of descended into a lull
Links 06/12/2025: Panic in the Slop (Chatbots) Industry and Perplexity Sued by New York Times for Plagiarising Articles Under Guise of "AI"
Links for the day
European Patent Office Issues: Points to Raise or Factoids to Share With Delegates of the EPO's Administrative Council
use their native language/tongue
European Readers, Get Ready to Contact Your National Representatives (Delegates) in the EPO's Administrative Council
Perfect timing might be Sunday or Monday
Why We'll Continue Our IBM/Red Hat Focus in 2026
There will be many more departures not only later this month but also next month
Links 06/12/2025: Slop's "Jeopardy Phenomenon" and RAM Shortage
Links for the day
Gemini Links 06/12/2025: Memories, "Sweetness and Burn", and Hope
Links for the day
Every Site That Uses Clownflare Had Worse Downtime/Uptime Record Than Ours
And the same goes for Azure and AWS
Software Freedom Conservancy (SFC) Does Not Work for Freedom, It Works to Secure the Massive Salary of Its President And Executive Director
We must be very effective then
Why (and When) I Become an 'Activist' Against Corruption and Abuse
The dictatorship bans criticism of the dictatorship. That's when there's a deadlock.
EPO Call for Action: Get Ready to Contact Your National Delegates, We Need to Remind Them That They Represent People
Today or tomorrow we'll publish contact details for national representatives in nearly 50 European nations
Links 05/12/2025: More Restrictions on Social Control Media and Slop, "Hype Can Turn to Backlash"
Links for the day
Like With Red Hat and Other IBM Acquisitions, the RAs (Layoffs) Seem to Already Extend to HashiCorp
Of course it is possible that HashiCorp staff just got PIP'ed or saw the writings on the wall and left [...] IBM is just a dying giant
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 05, 2025
IRC logs for Friday, December 05, 2025