Bonum Certa Men Certa

Benoît Battistelli Fails to Get Majority of 38 Member States to Crush the Boards, Which Are Already Being Crushed Anyway (23 Vacant Judge Positions)

Benoît Battistelli is cooking up his own Watergate scandal

Nixon



Summary: A translation of the recent JUVE article, which explains just to what degree Battistelli's EPO effectively shuts down boards, with or without consent from national delegates

SEVERAL days ago we foresaw someone coming forth with a translation of an article written in German about the EPO/Administrative Council standoff (it's no longer as amicable as before).



"JUVE is a publication specialising in information on and for corporate law specialists," told us one reader, offering a JUVE article translation. "The expression "Schöne Bescherung" in the title," this reader said, is actually a pun which "could also be taken to figuratively mean "A fine mess" instead of "Merry Christmas".

"A bit of the AC communiqué is cited in the Article in German translation. I translated it back in English, without attempting to see how it read like originally. I didn't bother looking up the original."

Here is the translation with bits highlighted:

23.12.2015

Merry Christmas: EPO President loses the support of the Administrative Council for his court reform



The reform which is supposed to provide more independence for the Boards of Appeal of the European Patent Office (EPO) is further delayed. According to several converging reports close to the Munich patent authority, the Administrative Council is pursuing a new reform proposition since last week. The office's supervisory body would have also refused to approve the original reform plan put forward by Benoît Battistelli. The Administrative Council had been considered until now as the power base of the controversial EPO President.

Benoît Battistelli



"The Administrative Council had been considered until now as the power base of the controversial EPO President."Battistelli proposed back in March a stricter separation of the Boards of Appeal from the Office. The Boards of Appeal, which is the name by which the authority's own courts are known, review oppositions against the grant of European patents by the office. The courts are however subordinated to the Office. The reform became necessary as critics became louder regarding the close integration of the Boards in the office's structure, and the resulting doubts cast on their independence.

Battistelli wants a structural separation between the Boards of Appeal and the Office by making these directly subordinated to the Administrative Council. They are to have their own president, who would take over essential administrative functions and disciplinary powers over the staff. He would also report to a newly created Board of Appeal Committee (BOAC). The president would however retain his influence over the court's budget.

"The necessary majority of the 38 member states of the European Patent Organisation was not reached, according to circles close to the Boards of Appeal."Battistelli was apparently unable to find acceptance for his proposal after one year of consultations and a user poll. JUVE learned that a vote took place at the ultimate 2015 meeting of the Administrative Council. The necessary majority of the 38 member states of the European Patent Organisation was not reached, according to circles close to the Boards of Appeal. The EPO did not reply to requests for confirmation made by JUVE. A press release of the Administrative Council published yesterday stated however: "The Council conducted an exchange of opinions on the planned structural reform of the EPO Boards of Appeals. It mandated its Praesidium with the drafting of guidelines, from which the President of the Office will derive concrete proposals. If possible, these will be submitted as a resolution for adoption at the March 2016 meeting." The Administrative Council thus took away the control over the reform process away from Battistelli's hands. JUVE learned from reliable sources that resistance in the Administrative Council was particularly strong from the German, Dutch and Swiss delegations.

"JUVE learned from reliable sources that resistance in the Administrative Council was particularly strong from the German, Dutch and Swiss delegations."According to information available to JUVE, a new reform proposal was made, which aims for an even more independence. JUVE is however not in possession of the exact features of this proposal. Several reform attempts, including some put forward by the the Boards of Appeal themselves, strived in the past for a complete separation of the court using the German Federal Patents Court as a model.

Increasing pressure for the appointment of judges



There are also apparently developments in the question of the reappointment of the Members of the Boards of Appeal, as EPO-judges are officially called. The Administrative Council announced the reappointment of a member of the Enlarged Board of Appeal as well as of several members of Boards of Appeal. They are appointed for five year period. The process had come to a standstill in recent times. There are 23 vacant judge positions in the Boards, including 3 chairmen. The EPO President has the right to propose candidates for the filling of vacant posts. Critics reproached him repeatedly of retarding new appointments in order to trim the Boards of Appeal for more efficiency.

"There are 23 vacant judge positions in the Boards, including 3 chairmen."According to information available to JUVE, the Administrative Council called on Battistelli to expedite new appointments. The EPO President declared in an interview with the US-magazine "Managing IP" his readiness to address this issue in the beginning of 2016. He added however that he saw now urgent necessity to make new appointments to Judge positions.

The question of the future location of the Boards of Appeal now appears to have become secondary. Berlin, Vienna and a different building in Munich had been discussed up to now. But in any case, a transfer to Vienna is considered by legal experts to be incompatible with the European Patent Convention, which limits seat locations for the EPO to Munich and The Hague. Vienna hosts only an information service of the Office. Berlin is considered as rather unpractical. Battistelli declared to "Managing IP" that it is more important for the Boards of Appeal to be located in premises other that the EPO building than in a different city in order for them to achieve the perception of their independence.

(Christina Schulze, Mathieu Klos)



It doesn't seem to matter to Battistelli what the Administrative Council says; by failing to fill vacant positions he already does whatever he wants. No wonder one board judge dared to open his mouth and is alleged to have communicated with delegates (that's his real 'crime'). No wonder some among the delegates apparently chose to leak to us, seeing how Battistelli bullies delegates too.

Some believe that Battistelli isn't interested in the boards' independence; he's just not interested in the boards at all and some say it's because of the Unitary Patent. Incidentally, see this recent paper (letter) titled "Unitary Patent and the Pending Spanish Cases (C‑146/13; C-147/13): An Open Letter to the Judges of the European Union". To quote the abstract (with our emphasis in bold): "This is a letter which is addressed to the judges of the European Union regarding the pending cases of [Spain v. Parliament and Council] that examine the validity of EU Regulation No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection and that of EU Regulation No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements. It analyses the opinion of Attorney General Bot and, in particular, it focuses on i) the absence of judicial review of the European Patent Office, around which the EU Regulations revolve; ii) the underlying aim for uniform patent law, as envisaged in Article 118 TFEU, on which the EU Regulations rest; iii) the autonomy and uniformity of European Union law, as affected by the European Patent Office and the European Unified Patent Court; iv) the human rights implications involved."

Is there someone left who can actually overthrow the tyrant, Benoît Battistelli, along with the Battistelli agenda? He clearly believes that he is above the law and it's not hard to who he is working for. ⬆

Recent Techrights' Posts

Links 04/11/2026: Slop Helps Break Laws and Scam Altman Pretends Chatbots Are Persons
Links for the day
Intercontinental Brigading - Part XXXVII - Tasteless, Tactless Time for "Virtue-Signalling" (When Your Actions Are Much Like the GOP's)
Violence by cops isn't a "leftist" thing
United Arab Emirates: GNU/Linux at Over 8%
According to statCounter
As XBox Goes Out of Business Helen Chiang Adds Insult to Injury
XBox sales are worst in 25 years
Intercontinental Brigading - Part XXXIV - Women as Hostages, Even Spouses
First he put his own spouse behind bars by accusing the spouse of what he himself seems guilty of
 
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026
Gemini Links 04/11/2026: Abacus and Spare IT Equipment
Links for the day
Viet Nam and Thailand at High Adoption Levels of GNU/Linux, Other Nations Nearby Are No Exception
Helen Chiang and her colleagues say it's a "clown show" at Microsoft
Richard Stallman on What It's Like to be Threatened by Strangers With Software Patents
We hope that some EPO insiders will take time to listen to this talk
Stealth Layoffs at IBM (PIPs and Bailouts)
string of reports or unverified hearsay
Steven Vaughan-Nichols is Slop
Just look at this
The Register MS is "Hosting a Dinner" for Sponsors
Remember that The Register MS keeps publishing spam about "AI"
Intercontinental Brigading - Part XXXVI - A Potent Microsoft Threat to Administration of Justice Globally (Not Just Fair Elections)
Breaking into machines to cover up one's own crimes
Intercontinental Brigading - Part XXXV - When One Does Not Understand Security (Nor Ever Pursues Security)
One might therefore conclude that Garrett is a proponent of American back doors
Links 04/11/2026: "Democratic Establishment" Wins Big and "Pentagon Sued Over Hegseth’s New “Future of Warfare” Committee Led by Musk"
Links for the day
A Geminispace Tally
That's not the Web, it is an alternative to it
Intercontinental Brigading - Part XXXIII - Shooting the Messenger is a Presidential Tactic
why our ministers are looking for ways to fix the law.
Andy's Latest Writings About Proton CEO Andy Yen, "JavaScript Required", and Slavery in Technology
Andy (of The Cyber Show) has some new material
Intercontinental Brigading - Part XXXII - Malfunctions Reported in Windows Voting Machines (as Usual)
"There are always problems," Ryan told us
Gemini Links 04/11/2026: GoAccess, Adopting Gopher, and Twisty Passages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 03, 2026
IRC logs for Tuesday, November 03, 2026
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Intercontinental Brigading - Part XXXI - Microsoft and Promoters of "Secure Boot" Are to Blame
the important thing is that the dictator and Microsoft can remotely control all computers
Links 03/11/2026: Science Around "Near-Death Experiences" and "Do Animals Grieve?"
Links for the day
Gemini Links 03/11/2026: Guitar, 3D-Printable Electric Spinning Wheel, Against Haven Social, and More
Links for the day
Intel Corporation Down Over 51% in One Month, the US Bailout Didn't Work
Is the slop industry [sic] next?
Microsoft European Development Centre (EDC) Next to be Culled?
No time for that anymore
Intercontinental Brigading - Part XXX - Breaking This Year’s Election Process With Bug Doors in Restricted Boot
Thankfully here in the UK we typically still vote with paper and pencil
Mass Layoffs at SUSE, Over 10% of Staff Gone
Ignore their excuses
When You're a Software Developer and They Tell You That Your Occupation is Dead or Dying in Order to Sell Dysfunctional Offerings Based on Hype (and Plagiarism)
Disbelief is a strength when companies borrow trillions of dollars to sell a dud and construct a pyramid scheme
Links 03/11/2026: Slop-Tied Debt is Becoming a Crisis (Lenders Panic), "Ukrainian Journalists Urge Global Media Not to Look Away From Russian Aggression"
Links for the day
Malaysia Seems to be Exploring Digital Independence With GNU/Linux and More
not too bad
Microsoft Windows is Crashing in Republic of South Korea
Like in Japan, they seem to be shutting the lid on decades of Microsoft-isms
Think Less, Aim for Less (When It Comes to Hardware)
An abundance of hardware being wasted on a pyramid scheme will become a cautionary tale one day
Gemini Links 03/11/2026: Stargazing, Linux-Powered Prism "Ambient Computer", and Abandoning Streaming Disservices
Links for the day
GNU/Linux Made Big Strides in Portugal This Year
Microsoft had many layoffs in Portugal in recent years
GNU/Linux in Argentina Now Measured at 8% "Market Share"
Argentina is known for exporting skilled footballers, not advanced technology, but it has a large population, which we can hope will dump Windows
Microsoft is Borrowing Loads of Money While Telling 60,000 Workers to Take the "Offer" and Leave, Microsoft Wants Bailouts From the Dictator
Vote in elections and also vote with your wallet
Microsoft and Spoilt Food
Some whistleblowers may be needed here
Intercontinental Brigading - Part XXIX - Undermining US Election While Engaging in Lawfare in England (BBC) Against Publishers That Cover Anti-Election Violence
The elephant in the room is back doors in voting machines
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 02, 2026
IRC logs for Monday, November 02, 2026