Bonum Certa Men Certa

More Political Interventions in EPO Abuse Cases

Benoît Battistelli



Summary: EPO abuses are attracting more political attention, leading to complaints and concrete steps/actions. Articles continue to come, highlighting more of them.

A YEAR ago staff of the EPO complained, but the media did not and politicians certainly did not. The landscape is profoundly different right now because any European politician who follows the press must know about the EPO scandals and utter lack of oversight. Here is a very detailed and helpful summary from Merpel, reporting on what has happened this year (so far). "The social reform programme is being pushed through," she wrote, "just as Mr Battistelli announced at the end of 2014. However, given that Mr Battistelli has refused to authorise a full complement of staff representatives on the committee that oversees such proposals, it’s hardly surprising that the 10 loyal managers voted his proposals through over the heads of the 9 staff members and an empty seat."



Battistelli continues to run an authoritarian and oppressive regime. Anyone who does not agree with him will likely find his or her way out and anyone who dares to speak about Battistelli and his cronies negatively behind their back will most likely be accused of "defamation" (that's what Battistelli calls facts). We have covered some of the facts for nearly a year now and we cataloged everything chronologically. There will shortly be another summary from us, it's just that things are moving too fast at the moment (this month has been the busiest, with the highest volume of posts on this subject). It's too dynamic to be worth documenting or summarising just yet.

"In a well attended General Assembly," writes SUEPO, "staff of the EPO adopted a resolution to be sent to Heiko Maas, Federal Minister of Justice and Consumer Protection. The letter informs Heiko Maas of the investigation of staff representatives and/or union executives by the company Control Risks during the trilateral talks on union recognition." (source: "Letter to Heiko Maas, Resolution adopted by staff of the European Patent Office" at suepo.org)

Here is the letter [PDF] in German. Translations would help expand the scope/reach of this letter, so we invite readers to help.

"Letter to EU commissioner Elzbieta Bienkowska," says SUEPO, was also sent. It was sent to the "JURI committee and the Members of the Policy Department C (Citizen's Rights and Constitutional Affairs) of the EU Parliament."

Here is the letter [PDF] as HTML, excepting the annexes and other material which was published here before:



To,

the Commissioner ElZbieta Biefikowska,

the JURI Committee, via Pavel SVOBODA
(Chair) and,

the Members of the Policy Department C (Citizen's Rights and Constitutional Affairs) of the European Parliament, DG Internal Policy, via Dr Udo BUX (Department administrator)

All by e-mail

Amsterdam, 12 June 2015
Our ref. --
Your ref. --

Direct tel.nr: (020) 344 62 15
Direct faxnr: (020) 344 62 01



Re: "The European Patent Office State of Play — In depth analysis for the JURI Committee"

Dear Ladies and Gentlemen,

As counsel of the Staff Union of the European Patent Office (SUEPO), we would like to ask your attention for the following.

SUEPO has read the above-mentioned document with interest. Please allow us, however, to complete the picture portrayed in the report with the following considerations.

While the EPO is undoubtedly capable of providing the EU with valuable services in respect of the Unitary Patent, there are serious concerns that its internal structure does not meet the standards of transparency and labour

____________

1 http:/www.europarl.europa.eu/RepDat2/etudes/IDAN/2015/519208/IPOL IDA(2015)519208_EN. pdf




12 June 2015, page 2



conditions which the EU institution expect of themselves. This project will be in jeopardy if it relies on a system in violation of fundamental human rights and on deficient labor conditions, and if staff performing quasi-judicial work does not enjoy internationally acceptable and agreed legal standards. Let us explain this.

1.On 17 February 2015, the Dutch Court of Appeal in The Hague2 found that the EPO is in breach of fundamental rights, relating to the staff union’s freedom to operate and bargain. The EPO has however refused to remedy the situation. While formally claiming immunity from execution, the President of the EPO has suggested that the Judges of the Dutch Court of Appeal are ignorant and incompetent. In line with this attitude, the EPO has systematically turned down requests for professional mediation to restore social peace. All of this should be seen as an alarm signal about the way the Rule of Law is perceived by the top management and the Administrative Council of the EPO.

2.Another example of deficient labor conditions and the EPO’s far reaching use of powers, is the organisation ́s commissioning of an external company, Control Risks, to carry out investigations and interrogations on elected staff representatives and union officials who voice criticism of the management policies of President Battistelli (Annex 2).

3.Furthermore, according to a recent press report (Annex 3), the EPO has installed machinery to hack the communications from a number of PCs installed in the public areas of the EPO’s premises. Please be also be aware that data protection in the EPO appears to be woefully inadequate (Annex 1).

4. The EPO has drastically weakened the position of vulnerable staff, in particular sick staff. Such staff members are put under increased pressure bordering on systematic harassment. Their freedom of movement as European citizens is severely curtailed. Measures to safeguard medical confidentiality have been weakened. The EPO has gone as far as abolishing the notion of occupational diseases and accidents.

5. Independent sources have found that there is currently no effective mechanism in place to resolve legal disputes. The dispute resolution system is dysfunctional and burdened by huge backlog that de facto leads to such delays as to deny justice for staff. The Administrative Council of the EPO, at the behest of the President and without any democratic control from the Member States, enacts rules and decisions that are not subject to any independent legal or political check other than financial considerations.

____________ 2 http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBDHA:2014:420 Translation in English: http://www.suepo.org/public/su15088cpe.pdf




[...]

EPO data protection is not in line with EU institutions

1.The President of the EPO recently (with effect from 1 April 2014) adopted new guidelines for data protection at the EPO. He did so without informing, let alone consulting the national delegations of the Administrative Council, the body supervising the EPO. The new guidelines have drastically enlarged the scope of the data protection guidelines previously in force: the new guidelines now also concern external users of the EPO, e.g. patent applicants. It is questionable whether European Patent Convention gives the President of the EPO such a competence, cf. Articles 10(2)c) and 33 of European Patent Convention.

2.The new data protection guidelines are not in line with general regulations on data protection applicable to EU institutions and EU public on the territory of the EU (cf. Regulation EC 45/2001 & Directive 95/46/EC). They do not provide the necessary safeguards for the persons or entities affected both inside the EPO, e.g. staff or contractors, and outside, e.g. patent applicants or companies. They do not provide the required independence and authority of the data protection Officer. They miss a function equivalent to the Data Protection Supervisor that exists in all EU institutions. The way the data protection guidelines are currently implemented at the EPO would not be considered as adequate in any EU institution.

3.The reference to fundamental rights, present in both the Directive 95/46/EC and in Regulation (EC) 45/2001, and that was present in the previous EPO data protection guidelines has are been removed from the new EPO guidelines on data protection.

4.Whereas in the EU institutions, data can only be processed for purposes other than those for which they have been collected under very strict conditions, at the EPO, the President is able to decide on a change of purpose, without anybody being able to oppose it.

5.The new data protection guidelines have been drafted to remove any obstacle to the implementation of the controversial - and legally challenged - EPO investigation guidelines. For instance, the EPO guidelines give the EPO investigation Unit the right to operate without any control from the Data Protection Officer.

6.In view of the above, a check by the appropriate EU body seems appropriate before entrusting the EPO with the granting of the Unitary Patent.

[18 more pages in the original PDF, includes news clippings]



SUEPO writes in reference to this article which we covered last week: "The Süddeutsche Zeitung reports that Thomas Petri, the Bavarian Data Protection Commissioner wants to have an external data protection supervisor deployed at the European Patent Office. It has become a matter of public knowledge that publicly accessible computers at the EPO were placed under observation using surveillance technology after the receipt of letters containing [allegedly] defamatory remarks against the Management.

"Data Protection Commissioner Petri previously investigated the data protection arrangements at the EPO in the Spring of 2014 following a complaint and he came to the conclusion that they were deficient. "It emerged that nobody was really in charge", told Petri."

Privacy violations are only few among many bigger violations. Members of the French Parliament slam the EPO, perhaps owing to media coverage that keeps them abreast. "The Huffington Post," wrote SUEPO about this article, "a website partly owned by Le Monde, published a tribune signed by Members of the French Parliament, the French Senate and the European Parliament.

"The signatories regret that the success story of the European Patent Office is "now endangered since 2012 by authoritarian social policies which do not respect the fundamental rights of staff"."

If any of our French-speaking readers can provide a translation, that would help a lot.

Articles about the EPO's abuses (at management level) would discourage potential staff and harm recruitment of talent. Who would want to work for an institution that ignores EU law, defies court orders, uses keyloggers against staff, and has the reputation which increasingly mirrors FIFA's?

The EPO quickly became synonymous with a corrupt "ogre", much like FIFA. As IP Kat put it yesterday,: "If you thought that the European Patent Office (EPO) was the only international intellectual property administration that was coming under the scrutiny of an increasingly critical world for behaviour that ill befits its status, think again: the African Intellectual Property Organization -- better known by its French acronym OAPI -- seems to be suffering from the same malaise."

So EPO has become a yardstick for abuse. There's clearly an urgent need for a reset. The problem is not the examiners but those at the top who rally them to expand scope and pursue quantity, not quality, while squashing their ability to antagonise.

Recent Techrights' Posts

Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
 
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026
SLAPP Censorship - Part 16 Out of 200: Detailing the Actors and Explaining Techrights' Own Internet Relay Chat (IRC) Network
For those who have not followed our story
Microsoft "hiding behind bigger news of war, Epstein, other companies' layoffs"
They know what's coming, they just don't know when
Joerg Jaspert (Debian Account Manager/DAM) personally approved Raphael Hertzog's wife Sophie Brun
Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
Spoiler: Diversity & Debian means different things to different people
Reprinted with permission from Daniel Pocock
Solicitors Regulation Authority (SRA) Admits Failures and Criticism of Inaction on SLAPPs
many if not all solicitors and solicitor firms in the UK are in effect unregulated
Archiving or Preserving Pages About IBM Layoffs
Layoffs at IBM and the media does not talk about these
ABC, the American National Broadcaster, "Now Publishes Slop"
If the "big media" absorbs slop, it'll no longer be trusted and therefore not read/watched by the public
Links 19/03/2026: Culling Deepfakes of Artists’ Music and "Age Verification Isn’t the Answer"
Links for the day
Gemini Links 19/03/2026: "Aktion GPT-4" and "Kill All Descendants"
Links for the day
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day