Bonum Certa Men Certa

The European Patent Office is in a State of Transition, But Not Battistelli's Transition or 'Reform'

The end of heartless leadership

Wizard of Oz



Summary: As Battistelli is expected to be on his way out (some sources tell us ejection is likely to happen in June), there is no denying that big changes are afoot and we take stock of some

We previously published hundreds of articles about the European Patent Office, which had threatened to sue us for writing about its many abuses. Two of the latest developments we might as well want to repeat/highlight/cover in depth. These developments are as follows:



  1. About 60% of the EPO's staff voted for a strike two days ago. They are fed up with the management's abuses. There are strikes and protests imminent.
  2. The President is probably about to get sacked (or pressured to resign), mostly for his abuses against the course of (in)justice and union-busting.


A lot of this is being covered in German and in Dutch (among other languages). It's in newspapers, television programs, and radio. These articles or broadcasts also increasingly cover the role of EPO abuses in staff suicides, which soared under Battistelli.

“A more diplomatic president would have heeded the warnings earlier: when in a hole it’s usually best to stop digging.”
      --Anonymous
Not so much coverage about these matters can be found in the UK, possibly due to language barriers and the distance from the patent offices/headquarters, which are all in central Europe (continental). The Register, WIPR and a few IP-centric news sites are being the exception when it comes to coverage in the English language (there is only one writer at The Register who's keeping abreast of EPO developments, so the other coverage mostly targets lawyers, who are a niche audience).

“The EPO said that the door is still open to SUEPO to sign the MOU,” said this very recent article from WIPR. So the wolf said his door is open to sheep. This is merely pretense of amicability or peace. How many people are willing to fall for it? Lesser informed journalists might interpret this as 'evidence' of these problems having been resolved, or SUEPO being the vicious, merciless party.

According to this new article from MIP (English site for lawyers):

The Administrative Council also discussed the envisaged structural reform of the Boards of Appeal which may lead to a relocation of the Boards of Appeal to premises not shared with other departments of the EPO, possibly even remote from Munich, such as in Berlin or Vienna. Concrete proposals could be decided upon by the Administrative Council as early as at its March meeting.


The headline of the article says "Organisational concerns in spite of performance gains," but it shouldn't be taking at face value the so-called 'results' that the EPO keeps repeating even in Twitter this morning and afternoon [1, 2, 3], despite these so-called 'results' being deficient and increasingly the subject of ridicule. See what Francisco Moreno, whom we recently mentioned here, wrote about it last week:

Filings & Applications

Churras & Merinas

Pears & Apples

Platos & Tazas

#EPOresults


People who work in this area increasingly realise that the EPO isn't telling the full story, just as it's lying to journalists and lying to staff. When I leaked a document which the EPO later admitted was authentic the EPO's Twitter account told angry lawyers that I was "wrong" (for merely showing a document!). A week later the EPO threatened to sue me.

We were rather amused this morning to see that someone in IP Kat doubting the legitimacy of the leaked documents we published last night. Well, we have the originals (definitely authentic) but published the text only in order to protect the source. Here is one response posted in relation to that:

This seems to show what will be the line of defense of battistelli will be: disciplinary authority is my prerogative, there is no legal basis for an external/independent review.

This guy does not seem to understand the pressure under which the AC - and the ministers at home (see the answer of Haas in the BR report) - find itself as a result of the intense media coverage about the EPO.

He may get away with his stupid arguments, but this will make the things only worse because the question will continue to linger:

if the disciplinary action were taken following the law - as they continue to repeat -, WHY IS IT THAT THE PRESIDENT DOES NOT WANT ANYBODY TO HAVE A LOOK AT IT?

If battistelli does not agree with the requests of the AC, he may always file an appeal at the ILO ...


Here is a response to the above:

He won't need to do that.

Look at Article 10 of the Rules of Procedure of the Administrative Council: "Article 18 - Specific provisions concerning the review and appeal procedures for Council decisions (1) The President of the European Patent Office shall draft an opinion for the Council on the request for review. (2) Taking into account the opinion referred to in paragraph 1, the Council, in accordance with Article 109 of the Service Regulations for permanent employees of the European (a) shall decide whether the request for review is receivable and, if so, (b) shall take a decision on the merits of the request for review."

http://documents.epo.org/projects/babylon/eponet.nsf/0/F44EA2A833862CD9C1257B1A00322E35/$File/CAD12010_en.pdf

In other words all he has to do is to file a request for review. He then gets to draft the opinion on the basis of which the Council decides on his request.


Lastly, here is a comment which says Battistelli "has dug himself into a hole" and that "when in a hole it's usually best to stop digging."

The President has dug himself into a hole, despite warnings and instructions to the contrary from the AC, and now he can't get out of it without presenting SUEPO a major victory. A more diplomatic president would have heeded the warnings earlier: when in a hole it's usually best to stop digging.

This presents the AC with a problem. What's needed at the present time is conciliation, not a major victory for one side or the other. But the President is making conciliation impossible.


Whether the PR team admits it or not (it is paid to lie to or mislead people), the EPO is in a state of transition right now. There's turmoil that only a major overhaul can end.

Recent Techrights' Posts

GNU/Linux in Laptops/Desktops Still Matters, It's Likely the Only Way to Achieve Software Freedom
Software Freedom requires all sorts of things at the "OS level"
Madame Streisand Wanted to Censor The Web, Instead She 'Created' a New Term, "Streisand Effect"
It is basically an own goal
Defending Women Isn't a Crime, Everybody Can Agree on That
Their culture is unlike ours
EPO "Cocaine Communication Manager" - Part VI - Influx of Spaniards and Portuguese Workers (+77%) at Europe's Second-Largest Institution, Led by the 'Alicante Mafia'
There is now data supporting this assertion, new and complete data in fact
Nobody is Safe at IBM (or Red Hat)
There is no job security at IBM
Bad faith: Hugo Roy knew FSFE impersonating FSF before French tribunal, colleagues deceived
Reprinted with permission from Daniel Pocock
 
Microsofters' SLAPP Censorship - Part 2 Out of 200: Detailed Timeline From 2012 (Attack on Reporters That Question Restricted Boot) to 2024 (Lawsuit Against Reporter and His Wife in Another Continent)
we reproduce a document produced 2 years ago to give people more context and more facts
Media Blackout Reducing or Preventing Press Coverage of Microsoft Layoffs in 2026
Worse yet, there will be gaslighting and deceit
Gemini Links 04/03/2026: The Garnet Star, The Hunt, The SYN Attacks
Links for the day
The EPO's General Consultative Committee (GCC) Discussion Illuminates How Much Worse Things Have Gotten ("on Strike and Participated in the 'Meeting'")
a videoconference - not a physical meeting - discussed EPO policies
Free Software Foundation Supports Its Founder, Advertises His Talks in Switzerland
When you suppress voices, assuming the reasons for suppression are bunk, it is always bound to backfire very badly
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 03, 2026
IRC logs for Tuesday, March 03, 2026
Over 1,500 EPO Workers Went on Strike Last Week
a new publication which celebrates some accomplishments of industrial actions and calls for further actions
Solicitors Regulation Authority (SRA) Failed to Detect Fraud in Law Firms... Until It Was Too Late
Earlier today we contacted some more politicians about this and received mail from them as well
Our EPO and IBM Coverage Bears Fruit
In case insiders want to get in touch with us, please ensure or at least try doing so securely
Links 03/03/2026: "Scam Altman in Damage Control" and Oil Traffic Disrupted
Links for the day
Gemini Links 03/03/2026: Phones, LLMs, and Changes on the Web
Links for the day
Richard Stallman Confirms Talk in Bern Next Week
Dr. Stallman has just formally confirmed his third talk this month in Switzerland
GNU/Linux at All-Time High in Guam
there are many computers in that island
Microsofters' SLAPP Censorship - Part 1 Out of 200: Claim No. KB-2024-001270 in a Nutshell
abuse of process by a law firm working for an American who was arrested for strangling women and another American whose own spouse calls a "rapist"
When EPO Team Managers (TMs) Are Harassing People Who Strictly Apply the European Patent Convention (EPC) in Patent Examination
There are two strikes planned for this month
Confirmed: Using Slop Gets You Fired
Let the story of Benj Edwards be a cautionary tale
Links 03/03/2026: "No one wants to read your AI slop" and "chatbots in the kill chain"
Links for the day
EPO and "Equivalent to More Than 100 Days of Strike"
The industrial actions continue and already have a positive effect
Streisand Effect, the Microsoft Way
Microsoft has once again proven the Streisand Effect
Keeping Track of IBM Layoffs in March 2026
IBM depends on bribery
GNU/Linux Measured at 7% in Yemen
Windows is too hostile and dangerous
Links 03/03/2026: Security Breaches, Iceland Wants EU Membership, and "Wall Street–Backed Lawmakers Want to Help Banks Gouge You"
Links for the day
Queensland Health Payroll System: IBM billion-dollar-blowout inquiry
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 02, 2026
IRC logs for Monday, March 02, 2026
Gemini Links 03/03/2026: GrapheneOS and Keyboard Shortcuts
Links for the day
Tomorrow should be sunny (at long last!) and a generally productive dayProductive Week Ahead
Tomorrow should be sunny (at long last!) and a generally productive day
Only One Slopfarm Seems to Have Targeted "Linux" Today
It certainly does feel like the slop hype is reaching the "late life crisis" and companies that benefited from this bubble are overdue for a day of reckoning
Microsoft Mass Layoffs: Being Sacked at 1AM in the Morning
Watch what happens to Microsoft employees who get pregnant
Links 02/03/2026: More Social Control Media Bans, Climate Change Woes, and "Journalist With Germany's Deutsche Welle Arrested in Turkey"
Links for the day
Gemini Links 02/03/2026: Small Phones, "I 3D Printed My Brain", and "Managing 5 Servers at Once with tmux"
Links for the day
IBM is Trying to Hide Mass Layoffs, Not Only With NDAs and 'Scripted' LinkedIn Posts
From what we can gather (screenshot above), today many people leave IBM and Red Hat
Richard Stallman is Giving a Public Talk This Week (Friday in Lucerne School of Computer Science and Information Technology)
His birthday is just around the corner.
Windows Falls to New Low in World's Largest Population (India)
Windows is now down to 7%
Never Miss a Good Opportunity to Shut Up and Drink Coffee
Threats come at a cost; each time you issue a threat you stigmatise yourself as a bully
Last Month Matthew Garrett Said Ridiculous Things After His Spouse Had Called Him a "Rapist", Now He's Trying to Take the Site Offline and Put My Family in Prison
The real issue of concern to him (and his alleged reputation) is the spouse and the matter is to be dealt with in America, not the UK
Machine-Generated Legal Documents, Over 2,000 Pages Sent to Us Today Alone
We now know that the papers we receive are produced using bots (algorithms)
Reporting to Our Politicians/MPs the Failure of the SRA to Stop Hired Guns Who Help Americans (Men Who Attack Women and Nowadays Also Attack British Reporters)
About a month ago my wife wrote to politicians to get the ball rolling
The Topic Many People Don't Want to Talk or Write About
"DEI" is inherently about making racial and gender patterns better reflect society's
XBox is Virtually Dead Already, What Next Will Die at Microsoft?
Now that there are mass layoffs at Microsoft datacentres it is not premature to speculate about what dies after XBox
For the First Time, statCounter Measures Internet Explorer at 0.01% "Market Share"
What Microsoft replaced it with is just a Chrome clone with extra spyware
Was a Lot of "Windows" and "Unknown" in Iran Just GNU/Linux in Disguise?
more than 1 in 10 desktop/laptop requests is estimated to be GNU/Linux
"Here in the UK, GNU/Linux rose to all-time high at Windows' expense"
Will this entail Software Freedom as well? This depends on all of us
Links 02/03/2026: Claude Code Causes a Mexican Government Cyberattack, "London Repair Week" Noted
Links for the day
2026 Microsoft Mass Layoffs in So-called 'AI' Datacentres, Why Doesn't the Mainstream Media Cover The News?
What does this tell us about the state of the media?
Don't Fall for "Top X Law Firms" in "Discipline Y", They Pay $Z to Get False Endorsement/s
It's a scheme, a scam, an elaborate fraud
More Publishers Have Turned From Slop Boosters Into Slop Sceptics and Critics
There's a "hidden cost" when one participates (for profit) in "pump and dump" schemes
TeX Live Has New Release, But Planet Debian Won't Tell You That
It 'unpersoned' the developer
LLM Slop Does Not Know People (It Knows Nothing) and Cannot Distinguish Between People. It's a Recipe for Disaster.
no way of knowing who's who
"Over 1,100 Law Firms Gone in Five Years" in the United Kingdom (UK) Alone
There are basically way too many lawyers (looking for "business", e.g. threats and lawfare) and not enough positions to fill
Microsoft FUD From Microsoft Site Helps Distract From Actual Microsoft Back Doors
Published on a Sunday
Free Software Foundation Needs to Become More Active in Europe to Avoid Impersonation by Microsoft-Sponsored Groups
So far we've hardly seen the FSF saying anything at all about the US president
Links 02/03/2026: "Not Envious of Billionaires" and Palantir SLAPPs "Swiss Magazine For Accurately Reporting That The Swiss Government Didn't Want Palantir"
Links for the day
There Has Never Been a Better Time to Quit Social Control Media
Those networks are selling something. And that something is not peace because peace does not sell "attention".
Microsoft Users Drowning in Slop, If They Complain Microsoft Censors Them
Like an authoritarian regime
IBM is Killing Red Hat's Portfolio - Including Linux - to Prop Up Ponzi Scheme ("AI")
IBM is killing Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 01, 2026
IRC logs for Sunday, March 01, 2026
Speed of Sites Matters
Being easily accessible all the time matters to us
Gemini Links 02/03/2026: Weird Phone Calls, Small Phones, and Exploring Racket
Links for the day
Dr. Andy Farnell on "Good Tech"
in the age of "rent everything" and "own nothing"