Bonum Certa Men Certa

European Patent Office/Organisation - Suspicion of Improper Collusion Between EPO President and Chairman of the Administrative Council: Part III

Inner circle of Battistelli
Inner circle of Battistelli [PDF]



Summary: A preliminary look at Battistelli's reign and how regulatory powers got abolished, leaving the EPO reckless and largely unaccountable

THIS is our third (hopefully among many) outline of EPO abuses. It's the third instalment in a multi-part series about the European Patent Organisation/Office, which is rotten to its core. EPO -- like Google -- has enjoyed positive public perception for too long. It's time to shatter the myths of professionalism and innovation.



Having studied dozens of documents and articles about this topic (usually translations because the English-speaking press mostly overlooks these issues), we are shocked to see just to what extent the EPO engages in dirty tactics, conflicts of interest, and revolving doors. It's no better than the FCC or CAFC.

Readers who saw the first Techrights article on this topic (focusing on Topić’s appointment) sent us some valuable feedback. Alex Weir, for example, told us: "I read with interest your piece on corruption in the EPO, from my personal experience there have been questions regarding the EPO and corruption in relation to EC contracts and relations with China since the late 1990s, I am sure if you dig you will come up with more evidence."

Today's article focuses on Battistelli, the EPO's President. As we keep getting sent more dirt about the EPO it is hard to say just how many future articles will revolve around his own scandals, which are unique because they show how abuses can go all the way up to the top (EPO President is the highest position).

One person told us on Diaspora that "Richard Stallman has said that the EPO is corrupt a few times, before this man [Topić] was put in charge.

"Thanks for bring up the issue.

"It seems to be the fault of the European Commission," he added, citing this as an example. Quoting Stallman: "The EU administrators said they would let each country decide whether to allow genetically modified crops, but the proposed implementation is a trap. It has legal flaws, so these one-country bans might then be overturned.

"It is not unusual for the European Commission to make treacherous proposals. For instance, the "computer-related inventions" directive was written so it would appear to rule out software patents, but in fact would have authorized them. "

"He wrote a lot about the EC's nasty trick at the time," said the person about Stallman. We too covered it for years, in video form also. The EPO derives its power from an administration which in its own right is relatively immature (like the Union) and ripe for abuse.

So let's take a look at what Battistelli is not so well known for.

"Here is a link to an interview with Mr. Paul Ernst," said our source, "who was a member of the (now abolished) EPO Audit Committee.

"His comments on the function of the Audit Committee and its abolition may be of interest."

Here for example (with emphasis added) is what he said about the Audit Committee:

The dissolution of the Audit Committee at EPO was justified with the argument that the Audit Committee's tasks are already carried out by Internal Audit and the Board of Auditors (BOA). What is your view on this?

Paul Ernst: The reasoning behind the decision reveals a lamentable ignorance of the fundamental role of an Audit Committee. The Audit Committee can be seen as an answer to the famous question „who audits the auditor?“ The Audit Committee reports directly to the Administrative Council, whereas Internal Audit reports to the President and has no right to address the Administrative Council directly. The Audit Committee protects the independence of both audit functions and observes the coordination between Internal Audit and External Audit, and the follow-up given to audit recommendations. The Audit Committee should also raise its voice if a significant conflict of interest is discovered, e.g. a close relationship between a member of the BOA or the Internal Auditor or the Chair of the governing body and the chief executive. There is no other institution that plays a similar role. These are significant differences that demonstrate that the Audit Committee does not duplicate the work of the Internal Auditor nor the Board of Auditors.

"Note," said our source about Battistelli, quoting the following part: "The Audit Committee should also raise its voice if a significant conflict of interest is discovered, e.g. a close relationship between a member of the BOA or the Internal Auditor or the Chair of the governing body and the chief executive."

"This is precisely the situation that exists between Battistelli (chief executive) and Angermann (member of the BOA)," explains our source. "However, as there is no longer any independent Audit Committee, it cannot raise its voice in the matter ... how convenient for Battistelli.

"The problems of EPO governance arising from the abolition of the Audit Committee have been noted by the French Senator Jean-Yves Leconte in an open letter which he sent to French Ministers earlier this year."

To quote: "En supprimant de facto l’indépendance de l’audit externe des comptes (budget de l’organisation 2 000 M€) la transparence sur les évolutions de l’OEB ne sera plus de mise. Et ceci sera aggravé par l’absence de contrôle interne crédible lié à l’évolution des relations internes à l’institution" (full text of the letter is available in French).

"The point to note here," says our source, "is that the French Government is fully informed about the various problems at the EPO but it nevertheless supported Battistelli's re-appointment in June of this year."

Nationalism first.

"The problems with the EPO’s audit mechanisms were mentioned briefly in a report by WIPR in June of this year," said our source, pointing us at the article "EPO staff in Battistelli fight". The article states: “Staff have also claimed that the “overall governance” structure has been weakened by the audit committee being abolished without the administrative council knowing, and that Battistelli has put a “previous collaborator” from the French Patent Office in the “key post” of external auditor.”

Full details of this were made available to us in the form of copies of the Administrative Council documents referred to above (for readers' information and for future reference).

"These documents are not classified as confidential so in principle they can be made publicly available," explained our source.

The documents are as follows:



Notice the trend based on the chronology. Audit no more!

Next week we are going to show the 'special relationship' between Battistelli, the notorious Topić (known for corruption in his home coutry), and other administrative elements that seemingly collude to keep themselves and their networks in power, feeding off the European economy to do a disservice to Europe. In parts 4 and 5 we are going to shed more light on how the EPO was captured by hawks and wolves -- people who should have never acquired such positions of power where they exploit a public institution for power and greed.

Recent Techrights' Posts

We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
 
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025
Geminispace is Very Large
The word continues to spread and the number of participants grows
Another Wave of Microsoft Layoffs, This Time During National Day Holiday
This time it's China again
10 Out of 10: RMS Attracts Massive Audience in Göteborg, Sweden (All Seats Occupied, Some People Standing)
a 55-second clip of his talk
Staying Happy in Times of Crackdowns on Civil Society
Optimism in this sort of "new reality" or "new normal" seems like something for the irrational person
"Nobel" Exploited Posthumously for "AI" Hype, Now They Do the Same With "Quantum"
ere have been many jokes about "Nobel" for peace (often granted to pro-war people) and a fake one for "Economics" (establishment propaganda)
Slopwatch: Plagiarism and "Linux" Articles by Bots
Sites that do this won't survive; many of them rely on slop services (suppliers) that will cease to exist after the bubble bursts
Links 10/10/2025: Putin Admits Russia Downed Azerbaijan Airlines Jet, More New Heat Records
Links for the day
Noteworthy Claim That IBM is Firing a Lot of Lawyers This Week (RAs in the Legal Department)
A lot of what they do is patent 'trolling' or lawyering up against their own staff (e.g. HR disputes)
Links 10/10/2025: US Judge Bars Attacks by ICE On Journalists and Protesters; “We Took The Freedom of Speech Away” Says the President
Links for the day
Slopwatch: Serial Sloppers, Google News Gifting Slopfarms, and Fake News/Plagiarism About "Linux"
Google itself is a slop pusher these days
Qualcomm, the New Owner of Arduino, Blasted for Its Software Patents Tax on 'Smartphones'
A lot of Qualcomm's patents are on software. We wrote about this in prior years.
XBox Layoffs Rumours, Downtime, and Criticism From XBox Co-Founder
"everyone is ditching the xbox."
Links 10/10/2025: Honoring The Legacy Of Robert Murray-Smith, Many Articles on the Hey Hi (AI) Bubble
Links for the day
Gemini Links 09/10/2025: October Gothic and Reading Middle Earth Role Playing; C and Ada
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 09, 2025
IRC logs for Thursday, October 09, 2025