02.25.16

Gemini version available ♊︎

European Patent Office: Battistelli Gets Official Warning

Posted in Europe, Patents at 10:24 am by Dr. Roy Schestowitz

[Translation of this article about the EPO]

The member states of the European Patent Office (EPO) [sic – should be European Patent Organisation] are increasing the pressure on the President of the Office, Benoît Battistelli. This is evident from a letter from the Chairman of the Administrative Council, Jesper Kongstad, to the 38 member states’ representatives on the patent authority’s supervisory body. According to the letter, the member states are concerned about the enduring conflict between the Management and the unions, and about the sluggish process of reform for greater independence for the office’s internal judiciary. The meeting of the Executive Committee last week turned into an open skirmish between the member states and Battistelli, several sources report.

Benoît Battistelli

Benoît Battistelli

For around a year and a half, the Office has been rocked by an ongoing dispute between Battistelli and the two unions, over the President’s management style, his reform process for greater efficiency and for recognition of the unions. At the same time, a public debate has been ignited over the lack of independence of the Office’s internal judiciary, the Boards of Appeal. On top of this, Battistelli initiated controversial disciplinary proceedings against a judge and against three leading union members.

In reaction, the administrative Council issued a warning that the social conflict should be resolved and the reform of the Boards of Appeal should be set in motion. However, both of these processes have been delayed by several months.

According to Kongstad’s letter, the members of Board 28  expressed concern last week that Battistelli is not heeding the opinion of the Administrative Council sufficiently on these two points.

Kongstad writes that is had not been possible to hold a meaningful dialogue with the President. As a result, the Board 28 members addressed a formal written request to the President. However, Battistelli apparently rejected the request as legally inadmissible. From a formal point of view, the EPO President is not obliged to follow instructions of the supervisory body in his management of the office. The Administrative Council appoints the President and must approve the Office’s budget. Until recently, it could be counted on as the effective power base for the controversial Frenchman.

Battistelli’s Support Crumbles

However, this support is disintegrating remarkably, according to Konstad’s letter, and to information which JUVE has obtained from the inner circle of the Executive.  Board 28 intends to submit its formal demand to the entire Administrative Council so that it can be presented to the President on behalf of the whole Council. This is planned for the next meeting of the Administrative Council. Kongstad also mentioned in his letter that it had not been possible to set the agenda for the March meeting before Battistelli left the Board 28 meeting.

In the meantime, Kongstad’s letter, and a document with the formal request to Battistelli, are circulating on social media. Sources close to the Administrative Council have meanwhile confirmed the authenticity of both documents to JUVE. Battistelli is not responding to questions about the formal demand or its content.

JUVE has heard from several sources that there is grave concern in sectors of the Administrative Council over the current situation  in the Office. These concerns are focussed principally on the social unrest, the slow pace of reform of the Boards of Appeal and the fairness of the four disciplinary cases.

Observers suspect that the escalation has been triggered by Board 28′s demand that Battistelli accept an external review of the disciplinary measures and procedures taken against the three union leaders. The member states also want to appoint an external expert to work with the President on the preparation of a new proposal for the structural reform of the Boards of Appeal.

Open Conflict

These events are the first time that any dispute between Battistelli and a section of the member states has emerged into the open. However, it has not yet developed into a public rift. It appears that the Administrative Council is still seeking an amicable solution with Battistelli. However, it is now expecting more than ever that the EPO President fall into line

It was already apparent at the last meeting of the Administrative Council in December that Battistelli was losing support on the question of structural reform, when the member states rejected the reforms he proposed. Apparently it was mainly Germany, the Netherlands and Switzerland who openly opposed the Battistelli proposals. As a result, the Administrative Council assumed responsibility for the reform process and agreed on five guiding principles, on the basis of which the President should prepare a new proposal for the June meeting of the Administrative Council.

The EPO issued the following comment regarding current developments: “The President and the Administrative Council work closely together in preparing the Council meetings. This applies also to the difficult social topics, on which the governments of the individual member states have rather varied opinions, and which therefore require a thorough debate.” The Office also announced that a proposal for structural reform would be made in June, and that a social study would be completed by September. In addition, the President would like to hold a conference in the second half of the year with all social partners.

(Christina Schulze, Mathieu Klos)

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. The Future of Techrights

    Futures are difficult to predict, but our general vision for the years ahead revolves around more community involvement and less (none or decreased) reliance on third parties, especially monopolistic corporations, mostly because they oppress the population via the network and via electronic devices



  2. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU



  3. Links 20/1/2022: 'Pluton' Pushback and Red Hat Satellite 6.10.2

    Links for the day



  4. The Web is a Corporate Misinformation/Disinformation Platform, Biased Against Communities, Facts, and Science

    Misinformation/disinformation in so-called 'news' sites is a pandemic which spreads; in the process, the founder of GNU/Linux gets defamed and GNU/Linux itself is described as the problem, not the solution to the actual problems



  5. Links 20/1/2022: McKinsey Openwashing and Stable Kernels

    Links for the day



  6. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  7. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  8. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  9. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  10. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  11. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  12. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  13. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  14. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  15. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  16. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  17. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  18. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  19. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  20. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  21. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  22. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  23. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  24. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  25. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  26. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  27. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  28. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  29. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  30. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens


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

Recent Posts