EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

12.09.14

Exclusive: The Enlarged Board of Appeal Complains About Battistelli’s Corrupt Management to the Administrative Council (Updated)

Posted in Europe, Patents at 9:48 am by Dr. Roy Schestowitz

That was then…

Software patents protest against EPO

Summary: Text of the complaint from the Enlarged Board of Appeal (EBoA) reaches Techrights, demonstrating just how rampant the abuse in Battistelli’s EPO has become

FIVE YEARS ago the EPO was in a state of turmoil and the Enlarged Board of Appeal got involved after important changes and a continual battle for restoration of the EPO’s integrity. Unrest at the EPO is not exceptionally novel, but it does help show the systemic presence of dissent, which emanates from genuine concerns. There is often a battle within and outside the EPO; the greedy parties want to prey on and exploit the EPO, whereas the smart people inside the organisation just wish to do their job with professional integrity. Patent examiners are not to be confused with patent lawyers; in fact, patent examiners are scientists, not lawyers.

“It sure looks like Battistelli and his cronies have begun attacking the Enlarged Board of Appeal…”A new article has been published by IPKat, where one of the bloggers has been covering the EPO scandals for a while. Titled “Enlarged Board appeals – direct to the Administrative Council,” the article speaks of a curious “suspension of a Board of Appeal member by the EPO President, under the guise of a “house ban” [which] has generated enormous disquiet, not only among bloggers, attorneys and EPO union officials, but now also within the Enlarged Board of Appeal.”

It sure looks like Battistelli and his cronies have begun attacking the Enlarged Board of Appeal as well, having shut down some other departments whose purpose was to oversee them. It’s like some kind of slow-motion coup d’état. Sooner or later there will be nobody left to topple or even investigate Battistelli. He is systemically eradicating dissent, hopefully not quickly enough to eradicate many hundreds of his staff who march against him in numerous streets in Europe.

The IPKat blogger “cannot remember any such internal EPO dispute spilling out into the public domain with such vehemence. The letter from the Enlarged Board should dispel any preconceptions that the current troubles at the EPO and the complaints about Mr Battistelli are confined to a few disgruntled examiners looking to protect their cushy jobs (a view she has heard from several quarters).”

Anyone who claims it was a grudge “confined to a few disgruntled examiners” (or anything along those lines) was either the editor of the Establishment media in Europe or someone from within Battistelli’s circles. Techrights has been in contact with numerous people from the EPO (people who work at high levels too) and there is no denying that there is a massive issue. It’s shocking that Battistelli still keeps his job. His dismissal or resignation should be imminent and sources tell us that he already resorts to desperate “damage control” measures.

Someone has just passed to us a copy of a new letter from the Enlarged Board of Appeal. It highlights what has been going on at the EPO and it comes from a high authority. Many people added their signatures to it. We are working to get a textual (plain text) version of it, but in the mean time we present the scanned pages below. Updates likely to follow.

Update: Here is the full letter as text.

CONFIDENTIAL

Members of the Enlarged Board of Appeal
of the European Patent Office
c/o Secretariat Room 206

Munich, 8 December 2014

To the Representatives of the Delegations to the Administrative Council of the European Patent Organization

And

To the External Members of the Enlarged Board of Appeal.

On December 2014, a member of the Boards of Appeal was escorted out of the Office by the Investigation Unit (0.6.1.1), a unit operating directly under the responsibility of the President. As the other members of staff wer informed by Communique 64 on the Internet on the same day, the President has imposed a “house ban” on him. It appears from this communique that the staff member is accused of having disseminated defamatory material.

A house ban may very well be considered a de facto suspension, because the Board member can no longer perform his duties.

The provisions unde which the above action has been taken, namely the Investigation Guidelines, do not – and cannot – provide a legal basis for such actions. According to Part 1, their purpose is to establish, in cases of possible misconduct, the underlying facts on the basis of which the President can come to a reasoned assessment regarding the initiation of disciplinary proceedings.

Article 95 of Service Regulations provides that if an allegation of serious misconduct is made against a permanent employee and if the misconduct alleged is of its nature incompatible with his continuing in service, the “appointing authority” may decide to suspend him forthwith.

The appointing authority for this purpose is the Administrative Council (Article 11 (3) EPC). The President may propose such a disciplinary measure to the Administrative Council (Article 10(2)(h) EPC). It is however the Administrative Council as the disciplinary authority who has to decide on it (Article 11(4) EPC).

This specific distribution of roles is part of the concept of separation of powers and the independence of the Board of members as enshrined in Article 23 EPC. However, in the present case, the President decided in lieu of the Administrative Council, for which no provision appears to exist.

To this is added the fact that his computer was confiscated by the investigation unit, which has given them access to possibly confidential information regarding the preparation and deliberation of cases by the member’s board, without proper legally sound guarantees.

The undersigned members of the Enlarged Board of Appeal are deeply concerned about this conduct which could affect the validity of the whole proceedings if the results of the enquiry were in fact to lead to disciplinary proceedings. They are aware that independence does not imply impunity.

The actions of the investigation unit on the orders of the President also appear to be a clear challenge to the judicial independence of the Boards of Appeal.

It is therefore urgently requested that the Administrative Council in its capacity as appointing and disciplinary authority ensures the independence of the Boards of Appeal, one of the pillars of the European patent system. What is needed is a clear limitation on the executive power, as far as the Boards of Appeal are concerned, in situations like the present, so as to avoid any impression of undue influence on their judicial work, contrary to the independence requirements of Article 6 of the European Convention on Human Rights.

Yours sincerely,
Gabriele Alt
Graham Ashley
Gianni Assi
Ingo Beckedorf
Fritz Blumer
Tamas Bokor
Brnhard Czech
Albert de Vires
Eugene Dufrasne
Franz Edilinger
Gunnar Eiasson
Kevin Garnett
Pascal Gryozka
Andre Klein
Thomas Kriner
Albert Linder
Hugo Meinders
Rainer Moufang
Ulrich Oswald
Michael Poock
Giovanni Pricolo
Gaston Raths
Joseph Riolo
Marco Ruggiu
Werner Sieber
Fred van der Voort
Bianca ter Laan
Claude Vallet
Martin Vogel
Gerard Weiss
Stefan Wibergh
Manfred Wieser
Michael Harrison
Marie-Bernadette Tardo-Dino
Wolfgang Seretaruk

cc Mr. Benoit Battistelli
annex: Circular 342 with the Investigation Guidelines


EBoA letter regarding EPO


EBoA letter regarding EPO


EBoA letter regarding EPO

Update: Here are the enclosed rules (part of the EBoA letter regarding EPO) which show how Battistelli et al. are breaking the law in an attempt to silence their critics.

EPO rules


EPO rules


EPO rules


EPO rules


EPO rules


EPO rules


EPO rules


EPO rules


EPO rules


EPO rules


EPO rules


EPO rules

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

A Single Comment

  1. katkatkat said,

    December 11, 2014 at 2:56 am

    Gravatar

    This blog has done a great service by publishing the letter of the members of the Enlarged Board od Appeal to the Administrative Council of the EPO denouncing the serious situation and requesting an intervention. This letter should not be removed. It should stay in the blog as a permantent reminder of the basic principles of law on which the EPC is based and as a condemnation of the threath to judicial independence and of the violation of the fundamental human rights that the guidelines for investigation at the EPO represent. These guidelines should also remain available online as a manifest example of the aberration they represent.
    Many thanks!

What Else is New


  1. Battistelli's 'Special Relationship' With Portugal and the 'Inventor of the Year' Charade

    What makes Portugal rather unique when it comes to Mr. Battistelli, who is allegedly desperate for support from smaller countries whose vote is easier to 'win'



  2. Patent Lawyers' Marketing Dominates and Marginalises Meaningful Analyses of Software Patenting in the US

    In an effort to create demand for software patents again, patent lawyers produce a huge heap of so-called 'analyses' which piggyback just one single decision (the exception, not the norm)



  3. A Mix of Patent Aggression and Sanctions/Raids (Using Controversial Patents) Against East Asian Companies

    New stories that demonstrate patent protectionism and show how Western industry, which barely makes anything anymore, relies on patents (software and design patents included) and this self-serving patent regime perpetuates itself even in Asia, where almost everything is actually being manufactured (and often/increasingly designed/developed too)



  4. Rumour: Battistelli Wants to Extend the Term of Topić's EPO Appointment in Spite of Criminal Charges Against Him

    The EPO's 'ringleader', Mr. Battistelli, is trying to keep his confidants (like Mr. Minnoye and Željko Topić) together for several more years to come, even defying rules regarding retirement age



  5. Links 29/5/2016: NetBSD 7.0.1, Genode OS 16.05

    Links for the day



  6. [ES] La Gerencia de la EPO Bajo Creciénte Estres por las Autoridades Legales Croatas, Políticas Alemanas, y los Medios Italianos

    Las cosas no son color rosa como la calma relativa sugiere, y esperamos en las próximas semanas mayores eventos otros que la protesta en todas las sedes de la EPO a través de Europa



  7. [ES] Los Medios de Comunicación Comienzan a Informar al Público Europeo Acercas de las Desventájas de la UPC Mientras que la EPO Acelera su Cabildeo por Ratificación

    La vergonzósa promoción de la UPC por parte de la EPO da otro paso adelánte mientras que venues de la prensa Europea (incluso canales de televisión) comienzan a explorar el arreglo secreto que es negociado por los abogados de patentes (con clientes corpórativos) y las oficinas de patentes, no el público o cualquier grupo que represente los intereses del público en general



  8. [ES] Algunos Detalles Acerca de ¿Cómo el Presidente de la EPO Es Rumoreado Estar Comprando Votos, y el Porqué es Suficientemente Base Para un Despido Inmediato?

    Algo de información tras las cortinas y una detallada explicación de la dependencia finánciera sistemática, creada por Battistelli a un costode €13 millónes o más, la cuál evita una efectiva supervisión de Battistelli



  9. Mishi Choudhary and Mike Masnick Explain Why India Should Reject Software Patents

    Both an Indian activist-lawyer and a widely-recognised author from the US explain to Indians why over-reliance on patents -- and acceptance of patents on software in particular -- is a very bad idea



  10. Microsoft Boosters Pretend Microsoft Fights for Privacy While the Company Uses Malware Tactics to Put Keyloggers on Everyone's Computers

    In spite of malware-inspired tactics that should land Microsoft in courts of law all around the world (as a defendant), Microsoft-friendly circles pretend that the company fights for people's rights like privacy -- all this when Microsoft installs keyloggers on people's PCs without their consent and obviously against their will



  11. Battistelli's Assault on EPO Staff's Right to Strike in Relation to French Politics and That 'Bicycle' Pretext for Crackdowns

    The latest bicycle 'gossip' and how it's being used, based on expectations from EPO staff, to introduce further crackdowns on human/labour rights



  12. Vice-President of the EPO Under Investigation: Treason, Abuse, Violations, Giving and Receiving Bribes

    An English translation of documents involving the Organised Crime Section of the Criminal Police Department in Zagreb, where the Vice-President of the EPO faces criminal charges



  13. EPO Management Warns People About Scams When the EPO's Management is Itself Falling for Scams

    Jesper Kongstad, the Chairman of the Administrative Council of the European Patent Organisation, helps demonstrate that not even the EPO is intelligent enough to spot an obvious scam



  14. Links 28/5/2016: Wine 1.9.11, New Gentoo

    Links for the day



  15. Links 27/5/2016: Android for Raspberry Pi, Google Beats Oracle in Court

    Links for the day



  16. Warning: EPO Surveillance May Have Just Gotten Even More Intrusive

    BlueCoat, which the EPO uses to enable oppression inside its European premises, has just gotten even nastier and staff may be at risk



  17. Victim Card Ends up in Another Blunder for Battistelli and His Six Bodyguards

    Battistelli is wrecking what's left of the EPO's reputation (after decades it took the Office to earn it) as the media continues to scrutinise his appalling regime



  18. Italian Report About EPO Now Available in English

    An English translation of a TV program which earlier this month documented some of the glaring problems at the EPO



  19. The EPO is Doing Great, Says EPO-Connected 'News' Site

    IAM 'magazine', a longtime ally of the EPO, gives people the impression that all is fine and dandy at the EPO even though that's clearly not the case



  20. Microsoft Has Killed Nokia (and Its Own Mobile Ambitions), But Watch What it Does With Patents

    Microsoft announces many more layoffs, having already caused tremendous damage to the Finnish economy, and patents are left astray for Microsoft's favourite patent trolls to pick



  21. EPO Management Under Growing Stress From Croatian Law Enforcement Authorities, German Politicians, Italian Media

    Things are not as rosy as the relative calm may suggest, and in the coming weeks we expect some major events other than the protest at all EPO sites across Europe



  22. Microsoft, a Dead Company Walking, Resorts to Malware Tactics, Now Truly Indistinguishable From Crackers

    Microsoft is essentially taking over people's PCs and installing on them a large piece of malware, complete with keyloggers, against the will of these PCs' owners



  23. Links 26/5/2016: CentOS Linux 6.8, Ansible 2.1

    Links for the day



  24. The Latest EPO Victim Card (Played by Željko Topić) Should be Treated as Seriously as Those Bogus Claims of Violence by a Judge (Updatedx3)

    In its desperate pursuit of a narrative wherein the staff of the EPO is violent and aggressive the management of the EPO, renowned for institutional aggression, finds (or claims to have found) a little tampering with a bicycle



  25. Links 25/5/2016: Nginx 1.11, F1 2015 Coming to GNU/Linux Tomorrow

    Links for the day



  26. The Media Starts Informing the European Public About the Downsides of UPC While EPO Accelerates Its Lobbying for Ratification

    The EPO's shameless UPC promotion takes another step forward as the European press outlets (even television channels) begin to explore the secret deal that's negotiated by patent lawyers (with corporate clients) and patent offices, not the public or any public interest groups



  27. Some Details About How the EPO's President is Rumoured to be 'Buying' Votes and Why It's Grounds/Basis for “Immediate Dismissal”

    Some background information and a detailed explanation of the systemic financial dependency, created by Battistelli at the cost of €13 million or more, which prevents effective oversight of Battistelli



  28. How the Patent Lawyers' Microcosm Continues to Boost Software Patents Filth by Misdirecting Readers, Relying on Highly Selective Coverage

    Under the guise of reporting/analysis/advice the community of patent lawyers is effectively lobbying to make software patents popular and widely-accepted again, based on one single case which they wish to make 'the' precedent



  29. Documents Show Zagreb Police Department in Investigation of Vice-President of the European Patent Office

    Željko Topić's troubles in Croatia, where he faces many criminal charges, may soon become an extraordinary burden for the EPO, which distances itself from it all mostly by attacking staff that 'dares' to bring up the subject



  30. [ES] Interrumpiendo la Propagánda Distractante de Battistelli: los Empleados de la EPO Protestará de Nuevo en una Quincena

    La exágerada extravagancia (desperdicio de dinero) en la Ceremonia de Premiación al Inventor Europeo de la EPO tendrá que competir por atención de los medios con miles de empleados de la EPO (en todaslas sedes de la EPO) marchándo en las calles para protestar por los abusos de la EPO


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts