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

11.23.15

EPO President Battistelli Now Intimidates Even National Delegations

Posted in Europe, Patents at 5:29 am by Dr. Roy Schestowitz

Someone has just gone Battis* insane

President Battistelli

Summary: Report about an embarrassing incident implicating Benoît Battistelli and some angry comments cast over the witch-hunting of a judge, using all sorts of questionable tactics

THE EPO long ago lost the respect it once had. It is not the fault of patent examiners but the fault of the management, which is now abusing lawyers and threatening politicians because they increasingly get the courage to stand up to them. The reign of terror is no longer directed only inwards but also outwards. Even external entities are being bullied by the EPO’s management. How on Earth is this even possible, especially coming from a public body (not private)? Immunity on steroids has turned the EPO into some kind of Mafia at the very heart of Germany, not far from the Italian border.

“The reign of terror is no longer directed only inwards but also outwards. Even external entities are being bullied by the EPO’s management.”This audio of Battistelli was recorded at a meeting with delegations of the Administrative Council last year. The arrogance of this man and his bad policies were so outrageous that people who attended decided to leak this audio. Some people were appalled by all that. Well, maybe they should start bringing cameras too, considering today’s story.

The story is not entirely new, but we have not mentioned this before. It was mentioned (at least in part) by one of the commenters in IP Kat and we managed to get hold of the fuller story which relates to this:

Mr Battistelli’s social diplomacy

For years the Member States let Mr Battistelli reign over the EPO with little – if any – supervision of the way the Office was being run. In June 2014 they even supported the prolongation of his term of office for 3 more years from July 2015 at a time when the social situation was already very tense and there were clear signs of a drift towards an authoritarian regime at the EPO. It seemed that nothing – not even the judgment of the Appeal Court of The Hague against the Organisation in February 2015 nor the occurrence of five suicides in 39 months – seemed capable of awaking the Administrative Council (AC) from its complacent lethargy. There are signs that this may be changing. Several questions and criticisms from delegations (BFC delegations are manned by roughly the same people as the AC delegations) during the last meeting of the Budget and Finance Committee (BFC) on 22 and 23 October in Munich showed that Mr Battistelli no longer enjoys the full confidence of several delegations.

“After the meeting had concluded he went in turn to the French and Norwegian delegations whom he fiercely rebuked for their respective actions and in such an overbearing manner that it caused visible emotional distress to a member of the French delegation. These incidents took place in full view of the other (speechless) delegations.”Dealing with opinions that diverge from his own is not one of Mr Battistelli’s main strengths. During the BFC meeting a critical comment from the Norwegian delegation concerning the inappropriate lack of information provided to the BFC for making informed decisions, and the voting pattern of the French delegation (abstention on the 2016 EPO budget, vote against the President’s proposal on the tax adjustment for pensioners) triggered instant and brusque responses from the President. But Mr Battistelli went even further. After the meeting had concluded he went in turn to the French and Norwegian delegations whom he fiercely rebuked for their respective actions and in such an overbearing manner that it caused visible emotional distress to a member of the French delegation. These incidents took place in full view of the other (speechless) delegations.

Can the Member States afford to tolerate such incidents involving the public humiliation of their delegates without the AC risking a serious loss of credibility as the governing body of our organisation (not to mention the duty of care they owe to the national delegates sitting in the BFC/AC)? Only time will tell…

Bullying such as this is often a sign of insecurity. It’s really self-explanatory a deed.

As an aside, the Administrative Council (AC) has been using — possible in vain — the “EPO” name in order to go after the boards, based on this recently-'leaked' PDF. Using improper (from a legal standing) requests didn’t work out too well because the document got released to the public and people wrote harsh comments, such as:

In the nut shell, the EBA tells the AC that their request is inadmissible due to that it is legaly flawed. Also the decision of the DC appointed by the AC is equally legaly flawed. Thus, manifestly apparently, collectively the AC has miserably failed in its duty of care towards the member of the BOA by subjecting him to legaly flawed disciplinary proceedings. Moreover, collectively the AC has miserably failed the EPO and the European public by failing to calrify serious accusation of misconduct by a member of the BOA. Moreover, with the big help of the president and vice-presidents any further prosecution of this case has been seriously prejudist by publicising the details of the case in newspapers, and the AC did not manage to prevent this. Hence, the AC is not controling the stuation but rather it controlls them.

I do not see how there is anything els for the AC left to do, other than collectively resign at the next meeting in Decemebr.

“Asking a judicial body to tell the claimant what he should do in order to win his case is simply flabbergasting. Being faced by the non-admissibility of its request, wanting to reopen the discussion on admissibility is plainly laughable.”They can then appoint BB as a temporary adminsitrator of the duties of the AC in lue of them. Then BB can swiftly investigate himself, in accordance with the EPC, in regard of the outageous charges of institutional abuse of the union, appoint a DC and win the case.

[...]

The perhaps most extraordinary element in the decision comes early, namely its cover page, where it is indicated that the Administrative Council’s representative actually was … the EPO! What a mess.

[...]

What is extremely worrying is that this bunch of people, the AC and the president are presiding over the fate of a major institution in the world of IP. It is frightening to see the level of self satisfaction this people exude…. In a private company they would have been fired yesterday rather than today.

Asking a judicial body to tell the claimant what he should do in order to win his case is simply flabbergasting. Being faced by the non-admissibility of its request, wanting to reopen the discussion on admissibility is plainly laughable. Amateurism at his best….

On the other hand, it is not uncommon that in case of internal complaints it is not infrequent to amend the rules and their interpretation during the procedure, so as to insure that a decision adverse to a complainant is the necessary result of the procedure.

“Control Risk should be banned from the EPO, this group contributed to the present situation.”It is interesting also to note that the “petitioner” did not hesitate to invoke German law, as VP 5 did recently. How can it be that in some cases national law is or should be fully applicable, and in other cases, cf. decision of the Dutch court it is not? I hope that VP5 in his great wisdom and intelligence will issue a communiqué explaining the varying applicability of national legislation.

What kind of counsellors this people have? On the other hand, looking at what VP5 has recently let out, there is no wonder that it ended up in a fiasco.

One can only be sad when looking what those pseudo managers/lawyers have made out of a well working and reputed institution. If the hidden agenda of the president was to let the EPO to go into the wall, he is very near to have achieved his aim.

[...]

The conclusion of this decision are the following:

The DC and the President were unable to present verifiable facts and substantiate the allegations made about the DG3 member.
Accordingly, the house ban on December 5th 2014 was not justified and has to be considered as an abuse of power by the President.
The President fooled the entire AC who agreed unanimously with the President’s proposal.
The press releases in the Financieel Dagblad and other papers seriously damaged the reputation of the EPO, for which the President and some VPs are responsible.
The EPC should be amended to limit the power of any President in order to prevent any such abuse of power in future.
The AC should lift the immunity of the President and the VPs for proper justice to be executable w.r.t. libel suits and damage done to EPO staff.
Control Risk should be banned from the EPO, this group contributed to the present situation.
The president of the AC (JK) should step down because of his failure to properly supervise the whole process.

[...]

The EBA shall be praised for defending due process.
The proceedings against the suspended member have exposed the manner in which BB has being operating since introduction of Circular 342.

All he needs to do is select an “irksome” staff member, give instructions to the IU and sit back and watch.
The IU fabricates allegations on a “made to measure” basis, passes these on to a disciplinary committee for rubber-stamping and there you go …
In the rare case where disciplinary committee might dare to voice “dissenting opinion”, BB simply ignore it secure in the knowledge that when the ILOAT deals with the case in the distance future he will be long retired in his villa on Corsica or wherever …

He tries to pull the same stroke with the suspended board member and expects that everything will run as smoothly as in other cases …
It now looks like he miscalculated big time …

Kudos to the EBA for refusal to fullfill the role of a rubber-stamper assigned to it by BB.

We can be grateful that miscalculation on the part of BB has finally exposed rotten system that was introduced on his watch with the tacit approval of the AC.

[...]

I think that the AC representative asked what they had to submit because they got surprised by the decision and had no clue how to go on…

Whatever reason, I think that just by putting the question, the AC representative touched the deepest point of the well…

“Dear Chairman, could you please be so kind to tell us how can we prove that Mr XCVV is guilty?”

Come on that sounds really like a joke…

In the coming week we are going to show that not only the judge has been subjected to this kind of treatment. More and more people, inside and outside the EPO, are quickly finding out that what they’re dealing with is more like a bunch of gangsters, not public servants.

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

What Else is New


  1. PatentShield is Not the Solution and It Won't Protect Google/Android From Patent Trolls Like Microsoft's

    A new initiative called "PatentShield" is launched, but it's yet another one of those many initiatives (Peer-to-Patent and the likes of it, LOT Network, OIN, PAX etc.) that serve to distract from the real and much simpler solutions



  2. Patent Quality Crisis and Unprecedented Trouble at the European Patent Office (EPO) Negatively Affect Legitimate Companies in the US As Well

    The granting en masse of questionable patents by the EPO (patent maximalism) is becoming a liability and growing risk to companies which operate not only in Europe but also elsewhere



  3. Blog 'Takeovers' by Bristows and Then Censorship: Now This Firm Lies About the Unitary Patent (UPC) and Then Deletes Comments That Point Out the Errors

    Not only are Bristows employees grabbing the mic in various high-profile IP blogs for the purpose of UPC promotion (by distortion of facts); they also actively suppress critics of the UPC



  4. Links 25/4/2017: Kali Linux 2017.1 Released, NSA Back Doors in Windows Cause Chaos

    Links for the day



  5. Astoundingly, IP Kat Has Become a Leading Source of UPC and Battistelli Propaganda

    The pro-UPC outlets, which enjoy EPO budget (i.e. stakeholders' money), are becoming mere amplifiers of Benoît Battistelli and his right-hand UPC woman Margot Fröhlinger, irrespective of actual facts



  6. EPO Fiasco to be Discussed in German Local Authority (Bavarian Parliament) Some Time Today as the Institution Continues Its Avoidable Collapse

    Conflict between management and staff -- a result of truly destructive strategies and violations of the law by Benoît Battistelli -- continues to escalate and threatens to altogether dismantle the European Patent Office (EPO)



  7. In the US and Elsewhere, Qualcomm's Software Patents Are a Significant Tax Everyone Must Pay

    The state of the mobile market when companies such as Qualcomm, which don't really produce anything, take a large piece of the revenue pie



  8. In South Asia, Old Myths to Promote Patent Maximalism, Courtesy of the Patent Microcosm

    The latest example of software patents advocacy and patent 'parades' in India, as well as something from IPOS in Singapore



  9. Links 24/4/2017: Linux 4.11 RC8, MPV 0.25

    Links for the day



  10. Why Authorities in the Netherlands Need to Strip the EPO of Immunity and Investigate Fire Safety Violations

    How intimidation and crackdown on the staff representatives at the EPO may have led to lack of awareness (and action) about lack of compliance with fire safety standards



  11. Insensitivity at the EPO’s Management – Part IX: Testament to the Fear of an Autocratic Regime

    A return to the crucial observation and a reminder of the fact that at the EPO it takes great courage to say the truth nowadays



  12. For the Fordham Echo Chamber (Patent Maximalism), Judges From the EPO Boards of Appeal Are Not Worth Entertaining

    In an event steered if not stuffed by patent radicals such as Bristows and Microsoft (abusive, serial litigators) there are no balanced panels or even reasonable discussions



  13. EPO Staff Representatives Fired Using “Disciplinary Committee That Was Improperly Composed” as Per ILO's Decision

    The Board of the Administrative Council at European Patent Organisation is being informed of the union-busting activities of Battistelli -- activities that are both illegal (as per national and international standards) and are detrimental to the Organisation



  14. Links 23/4/2017: End of arkOS, Collabora Office 5.3 Released

    Links for the day



  15. Intellectual Discovery and Microsoft Feed Patent Trolls Like Intellectual Ventures Which Then Strategically Attack Rivals

    Like a swarm of blood-sucking bats, patent trolls prey on affluent companies that derive their wealth from GNU/Linux and freedom-respecting software (Free/libre software)



  16. The European Patent Office Has Just Killed a Cat (or Skinned a 'Kat')

    The EPO’s attack on the media, including us, resulted in a stream of misinformation and puff pieces about the EPO and UPC, putting at risk not just European democracy but also corrupting the European press



  17. Yann Ménière Resorts to Buzzwords to Recklessly Promote Floods of Patents, Dooming the EPO Amid Decline in Patent Applications

    Battistelli's French Chief Economist is not much of an economist but a patent maximalist toeing the party line of Monsieur Battistelli (lots of easy grants and litigation galore, for UPC hopefuls)



  18. Even Patent Bullies Like Microsoft and Facebook Find the Patent Trial and Appeal Board (PTAB) Useful

    Not just companies accused of patent infringement need the PTAB but also frequent accusers with deep pockets need the PTAB, based on some new figures and new developments



  19. Links 21/4/2017: Qt Creator 4.2.2, ROSA Desktop Fresh R9

    Links for the day



  20. At the EPO, Seeding of Puff Piece in the Press/Academia Sometimes Transparent Enough to View

    The EPO‘s PR team likes to 'spam' journalists and others (for PR) and sometimes does this publicly, as the tweets below show — a desperate recruitment and reputation laundering drive



  21. Affordable and Sophisticated Mobile Devices Are Kept Away by Patent Trolls and Aggressors That Tax Everything

    The war against commoditisation of mobile computing has turned a potentially thriving market with fast innovation rates into a war zone full of patent trolls (sometimes suing at the behest of large companies that hand them patents for this purpose)



  22. In Spite of Lobbying and Endless Attempts by the Patent Microcosm, US Supreme Court Won't Consider Any Software Patent Cases Anymore (in the Foreseeable Future)

    Lobbyists of software patents, i.e. proponents of endless litigation and patent trolls, are attempting to convince the US Supreme Court (SCOTUS) to have another look at abstract patents and reconsider its position on cases like Alice Corp. v CLS Bank International



  23. Expect Team UPC to Remain in Deep Denial About the Unitary Patent/Unified Court (UPC) Having No Prospects

    The prevailing denial that the UPC is effectively dead, courtesy of sites and blogs whose writers stood to profit from the UPC



  24. EPO in 2017: Erroneously Grant a Lot of Patents in Bulk or Get Sacked

    Quality of patent examination is being abandoned at the EPO and those who disobey or refuse to play along are being fired (or asked to resign to avoid forced resignations which would stain their record)



  25. Links 21/4/2017: System76 Entering Phase Three, KDE Applications 17.04, Elive 2.9.0 Beta

    Links for the day



  26. Bristows-Run IP Kat Continues to Spread Lies to Promote the Unitary Patent (UPC) and Advance the EPO Management's Agenda

    An eclectic response to some of the misleading if not villainous responses to the UPC's death knell in the UK, as well as other noteworthy observations about think tanks and misinformation whose purpose is to warp the patent system so that it serves law firms, for the most part at the expense of science and technology



  27. Links 20/4/2017: Tor Browser 6.5.2, PacketFence 7.0, New Firefox and Chrome

    Links for the day



  28. Patents on Business Methods and Software Are Collapsing, But the Patent Microcosm is Working Hard to Change That

    The never-ending battle over patent law, where those who are in the business of patents push for endless patenting, is still ongoing and resistance/opposition is needed from those who actually produce things (other than litigation) or else they will be perpetually taxed by parasites



  29. IAM, the Patent Trolls' Voice, is Trying to Deny There is a Growing Trolling Problem in Europe

    IAM Media (the EPO's and trolls' mouthpiece) continues a rather disturbing pattern of propaganda dressed up as "news", promoting the agenda of parasites who drain the economy by extortion of legitimate (producing) companies



  30. The Patent Microcosm Keeps Attacking Every Patent Office/System That is Doing the Right Thing

    Patent 'radicals' and 'extremists' -- those to whom patents are needed solely for the purpose of profit from bureaucracy -- fight hard against patent quality and in the process they harm everyone, including individual customers


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