Bonum Certa Men Certa

When Europe's Leading International Patent Litigators Get Fed Up With Benoît Battistelli and Want Him Sent to 'Exile'

Battistelli's disregard for the law takes its toll


Napoleon's retreat from Moscow by Adolph Northen (1828–1876)



Summary: Battistelli has drawn the ire not only of politicians, journalists, bloggers, EPO employees and lawyers of these employees but also lawyers who profit from Battistelli's EPO

Benoît Battistelli's EPO is a disaster zone. Patent lawyers now realise that large applicants (as in large corporations) get to jump queues and they can also recognise that the EPO attacks its critics (those who show the nepotism for instance). What kind of a regime is this and how come it managed to survive another year? For potential answer stay tuned for part II of "Battistelli's Furious Love Affair With French Power" (tomorrow).



"Based on what we are hearing from patent lawyers in Europe (some of them send us E-mails), they are definitely not happy. Some are so furious and fed up with Battistelli that they send us material about the EPO's management."The latest article from IP Kat speaks of the boards although it doesn't delve deep into any scandals. The writer (not Merpel) says that "Decision T 942/12 is a very important and welcome decision on liability and renewal practice management for European patent attorneys. It addresses the onerous responsibilities that previous Boards have held are applicable to EP attorneys in cases where an applicant uses a third party service to pay renewal fees, and defines an exception to those onerous responsibilities. [...] An interesting point from the case file is that an informal survey was carried out and submitted to the EPO, where the EP attorneys polled 20 firms across several European countries asking what their practice was with regard to overdue renewal reminders from the EPO: while all 20 firms confirmed they would send the official overdue reminder on to their client, only 7 out of the 20 firms indicated that they would follow up, overwhelmingly because they could neither charge for such activity or expect to be paid for it when they were not responsible for renewals."

Based on what we are hearing from patent lawyers in Europe (some of them send us E-mails), they are definitely not happy. Some are so furious and fed up with Battistelli that they send us material about the EPO's management. The EPO conveniently blames everything on the whipping boy SUEPO, but of course it wouldn't want to admit that the anger directed at EPO managers is very widespread. It would totally discredit the laughable narrative that the EPO is under attack by just one person with many pseudonyms or a small number of disgruntled workers.

"The EPO conveniently blamed everything on the whipping boy SUEPO, but of course it wouldn't want to admit that the anger directed at EPO managers is very widespread."The EPO is attacking not only staff representatives but also some of its own. Just see the utterly disrespectful treatment of a board's judge. Team Battistelli is now trying to make oversight and independence even harder by separating (or at least trying to separate) the boards from Munich. It's more about punishing and effectively firing staff (collectively changing job location), for merely 'daring' to stand up to abuse of power at the top floors of the EPO's building in Munich.

Thankfully, some leading patent lawyers in Europe now get the courage to stand up to Battistelli and defend the EPO’s Boards of Appeal. This one blogger wrote yesterday:

Having apparently experienced too much resistance from the German government against moving the EPO Boards of Appeal to Berlin, President Battistelli, who is French (but unfortunately neither Love nor in love with the Boards of Appeal), now tries to exile them to Vienna. Indeed he has recently put such a request before the Administrative Council.

It is time to push back such ideas swiftly and forcefully. What the EPO and Europe need are truly independent, well-staffed Boards of Appeal who do their important job impartially and efficiently. In contrast thereto, the last thing the EPO needs is a President who seems to be almost obsessed by the idea that the Boards of Appeal must be pushed to leave Munich to some other place where he no longer has to see them when entering or leaving His Office, and who even seems to go as far as to refuse staffing the Boards of Appeal appropriately.

[...]

May I make a modest counterproposal? The EPO is currently building a fancy new office tower in Rijswijk. Why not move the President to a nice and brand new luxury suite on the top floor of this building and allow the Boards of Appeal some more rooms and, above all, significantly more staff members in the Isar building? Thereby independence of the Boards of Appeal could be secured (if it is at all supported by some physical distance between them and the President, as he seems to believe) and, most importantly, they can at least begin to reduce their backlog of cases. And if that is not enough and the President still needs rooms in Munich after his move to Rijswijk to exercise whatever official function, the EPO could probably also afford renting a nice small palais in Munich for a few years. For example, I could very well imagine that a few representative rooms are still to be had in Nymphenburg Castle. I would go for them, Mr. President, if there is no more sensible way to restore piece within the EPO (which I strongly advocate in the first place). But please don’t bother the Boards of Appeal! We need them doing their job in Munich. And we need motivated rather than intimidated or irritated examiners as well!


As noted in one of the comments in IP Kat, "you will find one of Europe's leading international patent litigators giving (under his real name) his views on the way the EPO President is running the EPO (into the ground).

"It sure looks like, just ahead of Christmas (again!), the sloeber (Battistelli) comes under increased pressure to resign, as his buddies in the Administrative Council are too terrified (or in cahoots) to fire him.""I find such heart-felt, well-informed and expert utterances, in one's own real name) much more powerful than all the anonymous whingeing here on this blog. It takes a brave man to stick his head up above the parapet, even when his best career years are yet to come. Look. Read. He puts the interests of his clients (large and small, domestic and foreign, patent owners and accused infringers) above his own interests. Our clients need an EPO that works. If you think so too, say so."

It sure looks like, just ahead of Christmas (again!), the sloeber (Battistelli) comes under increased pressure to resign, as his buddies in the Administrative Council are too terrified (or in cahoots) to fire him. It's claimed that the sloeber was already close to resignation earlier this year.

Recent Techrights' Posts

SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
No Allure in Omarchy, the Political Hyenas Only Give it More Free Publicity
To me, Omarchy seems like a weak project because of the slop (an HR problem)
Don't Let Bastards and Haters Grind You Down
They say "jealousy is the sincerest form of flattery"
Goodbye, Dolly
This week we say "goodbye, Dolly."
 
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day
Links 26/08/2026: Patent Troll InterDigital Utilises Software Patents in Unconstitutional Court, "WikiHow Launches Copyright Infringement Suit Against" LLM Plagiarism
Links for the day
The Register MS Has New Fake Article ("SPONSORED FEATURE") With "AI" 21 Times In It
The Register MS is one among many culprits
Gemini Links 26/08/2026: “Doomsday Clock”, Rwanda Genocide, and Boasting About Using LLMs Instead of Writing Code (Due to Employer's Pressure)
Links for the day
Twitter is Not an API or a Communication Site, It's a Really Bad Site That Forces You to be Enslaved by Its Algorithm (Amplifying Its Owner's Worldviews)
the crackdown on Nitter means we should all avoid accessing or linking to x.com (Twitter)
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day