Bonum Certa Men Certa

The EPO's Corruption is Like a Cancer That Has Spread to and Infected the EU as Well

Battistelli-Breton photo-op



Summary: With Breton inside the Commission what we're basically seeing is the EPO cabal speaking on behalf of the EU as well, spreading falsehoods and promoting illegal, unconstitutional agenda in defiance of judges and Justices

I have never come across anything quite like this. Right in the middle of Europe -- in the reputable Bavaria no less! -- there's a sort of Mediterranean 'Mafia' running a 'racket' of sorts...

How was this allowed to happen? Why is nobody putting an end to it?

"How was this allowed to happen? Why is nobody putting an end to it?"Well, behind the smokescreen of EPO-funded fluff* there's something rather horrific and sinister going on. I, as a longtime proponent of the EU, am horrified to see the EU becoming an extender of EPO corruption. They don't care about the law and about facts, let alone constitutions. Corruption and illegalities rage on. Having added an update to our previous post about this (with Bristows jumping in, parroting Breton), I now see Myles Jelf (Bristows) jumping in to say:

As well as the issue of the UPC’s central division, other concerns were expressed about the unitary patent and UPC system going ahead without the UK, including:

- the system will be less attractive without coverage of the UK;

- the UPC procedure includes clear features of English legal procedure, yet the only participating country with a similar procedure will be Ireland;

- the expertise of UK judges will not be available, and UK lawyers will not be able to participate;

- English still being the main language; and

- the financial implications for the remaining participating countries.


Why on Earth does the German injustice minister carry on with this Big Lie? It's going to completely discredit the German government while quite likely having zero effect on the death of the UPC. Facts aren't on the UPCA's side. They just aren't.

And now the EU as well. With Benoît Battistelli's buddy speaking for the EU/EC, it's bound to become a total embarrassment. Look no further than all the comments in this ongoing thread. All of them.

"It's going to completely discredit the German government while quite likely having zero effect on the death of the UPC."Jan Van Hoey said: "Time for Boris to pull the plug and send its notification to the secretariat of the Council of the EU. That’s what Mr Tillman was suggesting in its previous interview. It is also strange to consider agreements not into force part of “Union law”..."

Benjamin Henrion has been saying something similar (it's in our IRC logs).

MaxDrei then wrote: "Talk about deja vu. In the UK, in the run up to BREXIT, HMG flying on auto-pilot, deposited its instrument of accession to the UPCA. Now, the EU Commission, another craft flying on auto-pilot, happily announces that it would “welcome” ratification of the UPCA by Germany. Sometimes the ship, sailing on its pre-set course, is so enormous that it takes years to change course. Somebody on the bridge has first to issue an authoritative command. Those underlings who are responsible for Press Releases have no authority to do anything else but state what course the ocean-going liner is proceeding along."

"Concerned observer" is the latest to weigh in:

Well, the only way to describe that response is that is uses carefully selected language to make statements that, whilst not strictly untrue, are highly misleading.

Most misleading of all is the statement that “participation in that system, including the Unified Patent Court Agreement, is only open to EU Member States”. The trouble with this is that termination the UK’s membership of the EU does NOT automatically terminate the UK’s participation in the UPC Agreement. Whilst Mr Tilmann has (rather dubiously, in my opinion) suggested that a notification from the UK would serve to terminate its participation in the UPCA, not even he has suggested any plausible mechanism under the Vienna Convention for AUTOMATIC termination of the UK’s participation at the end of the transitional period.

There has certainly not been any “notification” from the UK to the other Participating Member States of the UPCA. Thus, the problem with the UPCA remains that the UK will be (and, arguably, already is) a “third country” under EU law. In this sense, Mr Breton’s response simply does not address the legal issue underlying Mr Breyer’s question. Whilst extremely disappointing, this is hardly surprising … given the level of “political” support for the UPCA at the EU level.

It remains to be seen whether national courts (such as the BVerfG) will be persuaded by such misleading responses. In my experience, courts tend not to be so easily misled. Also, given that Germany is proposing to ratify the UPCA by relying upon arguments that happen to work very nicely for their legal profession (by effectively dividing between Munich and Paris cases that would have gone to London), it remains to be seen whether the other Participating Member States (such as Italy) can be persuaded that this is acceptable. Whilst various carrots and sticks will no doubt be deployed, I doubt that it will be so easy to persuade all of the PMSs.

Finally, I have my doubts about Jan’s suggestion that the UK should formally withdraw from the UPCA. Recent years have seen many highly dubious (and sometimes contradictory) legal theories wheeled out to keep the UPCA “alive”. In this respect, I have no doubt that Mr Tilmann would find some way of arguing the UK’s formal withdrawal would not prevent the UPCA from coming into force. No doubt he would also concoct some arguments for salvaging the associated Protocols (on Provisional Application and Privileges and Immunities), regardless of the fact that those explicitly call for ratification by the UK…


This is pretty much the consensus if one asks anybody except Team UPC as “more than 71.4 % of judges no longer support the UPC,” based on a recent survey from JUVE.

"With Benoît Battistelli's buddy speaking for the EU/EC, it's bound to become a total embarrassment."A scholar has written to us about this, seeking to participate by expressing concerns about the campaign of Team UPC.

"Hi Roy," said the message, noting "that the matter is urgent as many sources confirm that Germany can ratify UPCA and they will try to push it through rather than risk a renegotiation."

Regarding getting people involved in this: "In the constitutional law quarters, academics are more independent and open minded, especially those specialising in human rights, but they do not understand patent law at all.

"A lot of it can be traced back to the EPO and failure to regulate the EPO (or have effective oversight) basically dooms many institutions around it, including ILO.""There is a recent feedback initiative from the Commission on the future of IP. [...] As things stand at present, the matter is a bit urgent and if Germany does not manage to have its way, the UPC legislative package must re-open [...] The moment is critical. [...] we need to get politicians to re-open the negotiations on the UPC and UPCA. [...] at the same time, we need to get politicians to re-open the negotiations on the UPC and UPCA."

Keep an eye on this space. There might be further formal action quite soon. We cannot specify the details just yet, but Team UPC is vaguely aware. It's truly a shame that all this corruption has touched the German government and the EU; the aftermath or the consequence will simply erode public confidence in these institutions. A lot of it can be traced back to the EPO and failure to regulate the EPO (or have effective oversight) basically dooms many institutions around it, including ILO. ⬆ ____ * The latest nonsense comes from Watchtroll ("IPWatchdog"), e.g. "'Not a Field of Giants': Trends in 3D Printing Tech Include Key Contributions from US," and Machinery that bases its 'reporting' on "European intellectual property firm, Withers & Rogers." It's an EPO parrot; to quote: "Highlighting the UK’s position as a European hub for innovation in 3D printing, the report revealed the city of Derby at number seven in a ranking of 15 major European innovation centres for AM technologies, with Munich, Barcelona and Zurich taking the top positions." They're reusing these talking points, extracted from the EPO's own 'script'. Real journalism is dead/dying.

Recent Techrights' Posts

Making Oneself Obsolete With Slop
Dr. Lemire also puts on display a degree of hypocrisy
EPO Meeting Ran Out of Time to Discuss the Scabs ('Young Professionals')
EPO staff representatives in The Hague meet a member of the 'cocaine cabinet'
Julian Assange Ready to Talk More (After More Than a Decade of Arbitrary, Unjust Confinement)
Two years ago, upon his release, his wife said he'd need some time off before properly or fully returning to the public eye
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DisroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DisroWatch page to make the illusion of popularity
 
The Former Linux News Site ostechnix.com is LLM Slop
Please do not link to sites that promote and/or spread slop
Links 26/09/2026: Volkswagen Recalling ~50,000 Cars, US Attacks Its Own Media
Links for the day
Brigading Against Women - Part III - Racism Looms Large, Not Just Sexism
threats from a racist
Microsoft CEO Calls Layoffs "Streamlining" and Says Microsoft Layoffs Are "Great to See"
The lack of honesty here is only to be expected from Microsoft
Media silence deafening as Reform UK on brink of administration
Reprinted with permission from Daniel Pocock
Gemini Links 26/09/2026: Travel, Group Insurance Death Spiral, Stargazing, and Lagrange Meets LLM Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 25, 2026
IRC logs for Friday, September 25, 2026
Longtime Symbol of Microsoft's XBox Franchise, Halo, Down to Barely 20 People
The purge is huge, far bigger than submissive media cares to point out
The Register MS Promotes Slop for Banned Companies That Put Chinese Back Doors in Things, "AI" Mentioned 37 Times in One Page!
taking money from the undemocratic state and its surveillance outfits
Microsoft Attacked European Courts and Jurists, Now Europe Dumps Microsoft
This is because GNU/Linux is technically better, but the political factors contribute to that as well
IEEE Tribute to Richard Stallman, Michael Tiemann, Linus Torvalds, Larry Augustin, Eric S. Raymond, Bruce Perens, Frank Hecker and Brian Behlendorf (Revolution OS Showing)
Live shortly
Winding Up Racists
What happens next shall be interesting
Links 25/09/2026: Selling Rogue, Defective Bots as "Agents" Results in PR Fiasco and Breaches; Russian 'Hybrid Attack' and "How Russia Evades Sanctions"
Links for the day
Gemini Links 25/09/2026: Arvelie Calendar, 44net, Pebbles, and Building the Bagel Concert Finder
Links for the day
Large Wave of IBM PIPs, the RAs Wave Comes After 'Low-Hanging' Fruit (Families) Disposed of
PIPs are the new RAs
Links 25/09/2026: Carcinogen Atrazine Pollutes Americans' Bodies, "Donald the Deadbeat Does Diesel", and Anger Over Data Centres Grows
Links for the day
Theory That Microsoft Cheapens Its Workforce to Push Workers Out on Their Own (Theory Advanced by Insider)
people work longer hours for less, i.e. their hourly salary is decreasing
Daniel Pocock Makes It Into Mainstream Media Again (Going After Racists)
American bigots funding blatant and shameless racists here in the UK
Tackling Racism in the United Kingdom (Racism Funded by Americans) Using the Courts
We'll talk about racism my wife and I experienced in the events leading up to litigation
Another Woman (or Women) Has Just Run Away From Brett Wilson LLP (After Barely a Month!), the Hired Guns of Garrett and Graveley (Microsoft)
They call this phenomenon "death spiral"
SLAPP Censorship - Part 200 Out of 200: Will GNU Boot Undo the Technical Damage Caused by Microsoft and Garrett? (And Garrett's Litigation Allies From Microsoft)
Today we publish the final part of this series
US Government Sites Can Now Totally Ignore Mozilla Firefox Users or Users of Firefox Derivatives
Firefox, now at 1.1% in the US (based on American government sites), has sunken to the point of no return
Things Not to Measure in Quantity Alone
More patents do not beget greater innovation
Even Microsoft Boosters Start to Doubt XBox Will Exist (It's Being Phased Out, Just Not "Officially")
This is how to phase out a business unit without officially saying so (as it might alarm investors)
Omarchy is Built on the Idea That Slop is Desirable (It's Not)
They call bots and plagiarism "agents" and "training"
IBM is Shrinking Very Fast (Silent, Unannounced Layoffs)
IBM and Microsoft both avoid WARN notices by compelling staff to leave or silently removing them with some NDA
In Some Parts of Microsoft 50% of All Staff Subjected to Layoffs, Media Pretends Only 0.1% of Staff Are Removed
This really says a lot about the state of today's so-called 'media'
SLAPP Censorship - Part 199 Out of 200: An American Burden on the British Legal System
A year ago (October 2025) the head of media (Jointly in Charge of the Media and Communications List), the judge in the Garrett case, said that this case was a waste of the court's money
EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
Criminalising Opposition to Fraud
slop causes social issues
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock
Gemini Links 24/09/2026: Laziness, Outdoor Seating, "AngelNova’s Interview Malware and Its North Korea Connection"
Links for the day
Links 24/09/2026: Slop "Linked to Disturbing Culture of Sexual Assault"; "Zelensky Warns Russia’s War Will Expand if It Is Not Ended Soon"
Links for the day
Winding-up petition served on Reform UK Party Limited (Nigel Farage)
Reprinted with permission from Daniel Pocock
Appliances Should be Dumb
Any "Smart Home Appliance" is basically a thing that does not last long, does not work as advertised, and is generally unfit for purpose
SLAPP Censorship - Part 198 Out of 200: It Sounds Like Garrett is Now Sending People to Silence Critics (Including His Own Spouse)
This week Garrett is having a somewhat karmic experience
Links 24/09/2026: Slop Contaminating KDE, Slop-Focused Data Centres Have Severe Environmental Impact
Links for the day
SLAPP Censorship - Part 197 Out of 200: Garrett Became So Poor That He Wants Others (in Another Continent) to Pay for His Own Legal Work Being Faulty
They lie to courts
The Register MS Has Become a Slopfest
This is the behaviour of a perishing publisher
Gemini Links 24/09/2026: Requiem for a Season, Philosophy, Rube-Goldberg Machine, ROOPHLOCH 2026, and Git over Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 23, 2026
IRC logs for Wednesday, September 23, 2026