Bonum Certa Men Certa

Conflict at the European Patent Office: Battistelli gets away with a slap on the wrist

Original: "Konflikt im Europäischen Patentamt: Blaues Auge für Battistelli"




Conflict at the European Patent Office: Battistelli gets away with a slap on the wrist

Benoît Battistelli remains in office for now. However, the Administrative Council of the European Patent Office [sic] has set the President clear guidelines for his future management of the office. This is according to a communiqué which was published yesterday. The supervisory body admitted publicly for the first time that there is deep conflict between President Battistelli and the unions, and it called on both sides to seek an amicable solution.



Battistelli_Benoît

Benoît Battistelli



Battistelli is in bitter conflict with the trade union SUEPO. He is responsible for four controversial disciplinary proceedings against three trade unionists and one Irish judge. The Office is also grappling with structural reform for greater independence of its legal tribunals, the Boards of Appeal.

The two-day meeting of the 38 members states of the European Patent Organisation ended yesterday. In the run-up to the meeting it had been publicly speculated that Battistelli would resign, after the executive committee of the Administrative Council had internally stepped up the pressure on Battstelli. German and Dutch newspapers reported that it was only a matter of deciding the size of his golden handshake. By contrast, JUVE had learned from influential delegates that the Administrative Council intended to make one more attempt at finding a peaceful solution, but under clearly-defined conditions, as has now been confirmed.

Both sides put on notice

"The resolution places an obligation on the President and makes clear that he is responsible for restoring a climate of peace in the EPO" said Dr. Philip Scholz, Speaker of the Federal Ministry of Justice and for Consumer Protection, referring to these events. However, according to the resolution, it was not only Battistelli who was under such an obligation, but also his arch-enemy, the main union SUEPO. There had been no real dialogue between the parties in recent times. The conflict had come to a head when Battistelli suspended three union leaders, including Elisabeth Hardon, who is from the Netherlands.

Now the EPO States demand that the President reach an agreement with the unions, without preconditions or exclusions. The unions have consistently demanded that the investigations against the union leaders be called off before they would enter into any agreement. The Administrative Council addressed the public criticism of these proceedings, and in particular the criticism of the methods employed by the internal Investigation Unit, and it required Battistelli to "ensure that the disciplinary measures and proceedings are not only fair, but are also seen to be fair". JUVE understands that the President was told to submit the procedures, arbitration and mediation to external review. This proposal then appeared in a rather watered-down form in the Administrative Council's communiqué.

The Administrative Council explicitly asked the President to come up with proposals for improving the procedures and for keeping the Administrative Council appropriately informed of disciplinary cases. This includes revising the Staff Regulations and Investigation Guidelines.

Battistelli said to JUVE: "On the Office's side, we will start with the requested revision of the internal Investigation Guidelines and disciplinary procedure. In parallel, a consultancy firm will launch a study, with the participation of the Staff Representation, of the reforms which have been introduced in recent years. We would like to discuss the results of this study at a conference in autumn, together with the Staff Representation, the EPO unions, the member states and other interested groups."

The Administrative Council also gave a clear message to the unions. They should work constructively and quickly with the Office management, without preconditions, towards an agreement. SUEPO is still discussing its response to the latest events, and was not available to give an official statement. However, sources close to SUEPO were suggesting that the proposal to engage an external mediator in disciplinary proceedings may provide an opportunity for progress.

Reform of the Boards of Appeal should be accelerated

The structural reform of the Boards of Appeal should now also be pushed forwards quickly. The EPO's internal tribunal decides on the legality of patent grants. However, it has recently been demonstrated that it is not sufficiently independent from the Office. Battistelli must now present the Administrative Council with new reform proposals by June, taking into account five guiding requirements which the Administrative Council set out in December, as well as the results of a legal appraisal carried out by Prof. Dan Sarooshis. The reform should then be implemented quickly.

The Administrative Council meeting also resulted in the nomination of two new Boards of Appeal Chairmen and four further members of the Boards of Appeal, as well as an external member of the Enlarged Board of Appeal. These positions had been vacant for sometime. In addition, Jesper Kongstad was confirmed as Chairman of the Administrative Council for a further three years from July 2016. (Christina Schulze, Mathieu Klos)

 

Comments

Recent Techrights' Posts

Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
 
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day
Links 22/08/2026: Prince Harry, Elton John and Others Pay High Price for Frivolous Litigation in the UK
Links for the day
'Voluntary' Mass Layoffs at IBM/Red Hat
IBM does not want people to notice what truly goes on there
Another Round of GAFAM Layoffs, This Time Apple
Now Apple "is shutting down an entire Vision Pro team focused on developing gaming features for the mixed-reality headset."
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026