Bonum Certa Men Certa

Out-of-Control Battistelli Repeatedly Breaks Office Rules and EPC Rules, Then Tries to Change the Rules (Retroactive Legalisation)

Michael Hayden and Battistelli
Utter disregard for the law a privilege of few



Summary: A look at the abuses from Battistelli, who is breaking rules in a pathetic effort to gag critics, one day ahead of a third 'trial' against a truth-telling judge

THE absurdities at the EPO are somewhat reminiscent of GCHQ. Not only are rules being broken (knowingly and consciously) by management. The management tries to hide evidence of this and if the evidence leaks out to the world, then a campaign begins to try to retroactively authorise the abuses. Such is the nature of the EPO under Battistelli and the following relatively new text helps explain this from start to finish (which might be tomorrow or a few days later).

Here is some background information:

Double jeopardy is a procedural defence that forbids a defendant from being tried again on the same (or similar) charges in the same case following a legitimate acquittal or conviction. In common law countries, a defendant may enter a peremptory plea of autrefois acquité or autrefois convict (autrefois means "in the past" in French), meaning the defendant has been acquitted or convicted of the same offence and hence that they cannot be retried under the principle of double jeopardy that is mirrored by the “non bis in idem” principle applied by the ATILO in respect of disciplinary cases.


"EPO Law," on the other hand, is full of abuses. Consider 'Decision 1' Art. 23 1/15 (as HTML) and another which coincided with Board 28's letter to Heads of Delegation of the Administrative Council. Here is the PDF of 'Decision 2' Art. 23 2 /15. As we have been noting here for over a week, 'Decision 3' Art 23 ?/16 is on its way. To quote the above sources: "Hearing [will be] open to the public. [...] on 14 to 16 June 2016" (apparently because the EBoA insisted on it).

The above sources give an explanation of the situation as follows (doing a good job at highlighting the Nixonite behaviour of Battistelli amid Watergate):

Third time lucky?



Towards the end of 2014, the Investigative Unit carried out covert surveillance operations on a computer on the first floor of the Isar building as reported in the press and Internet blogs some time later. This computer is public: it was used by visiting delegates and patent attorneys. Subsequently a member of the Boards of Appeal was accused of “anonymous defamation1” of Mr. Topić (VP4) and served a “house ban” (technically equivalent to a suspension). The result was a storm of protest2 and quite rightly so. The Office does not have the right to spy on computers used by Council delegates and third parties. Investigating DG3 members further infringes their independence. For the same reason (infringement of their independence) Mr. Battistelli does not have the authority to suspend DG3 members. The latter aspect was more or less covered-up by the Council retroactively (sic) approving of the action. The alleged victim of defamation, Mr. Topić, appears to have a significant number of cases slowly working their way through the Croatian legal system. Interestingly, Mr. Topić lost his defamation complaint against a former co-worker despite the very serious nature of the accusations that she raised against him3. Hence it is difficult to determine what exactly can be considered “defamatory” in relation to Mr. Topić. The Office, on the other hand, apparently did not hesitate to facilitate the circulation of numerous very dubious accusations against the DG3 member, leaving the impression that a Board of Appeal member with an impeccable resume was in fact an armed nazi stalking the corridors of the Isar building4.

Mr. Battistelli is clearly determined to have the DG3 member removed from office, but seems to be rather lost as to the procedures to follow. The first attempt was via a Disciplinary Committee set up by the Council, to be followed by a dismissal by the Council in October 2015. In making this proposal Mr. Battistelli overlooked Art. 23 (1) EPC which stipulates that members of the Boards can only be dismissed upon a proposal from the Enlarged Board of Appeal. In other words: the President of the EPO proposed to the Council to act in breach of the EPC. The Council apparently had its doubts about the legality of the course of action proposed by the President and commissioned an independent legal opinion which confirmed their suspicions: a Board member cannot be removed from office unless the Enlarged Board of Appeal (EBoA) has decided to make a proposal to that effect.

A first attempt to get the EBoA to issue a proposal for removal from office had already been initiated earlier in 2015 but had failed because the EBoA apparently could not make sense of the mass of unstructured material that had been thrown at them. It found the request submitted by the Council to be irreceivable due to lack of substantiation. Apparently, the Office management suppressed the publication on the Office website within days despite the decision of the EBoA that it should be published. This obviously is another problem since it amounts to Mr. Battistelli censoring the EBoA, which seems to be a further interference with its independence. Not awaiting the written reasons for the first decision, the Council, apparently at the urging of the President, proceeded to launch a second request for removal from office. This second request suffered from the same flaws and was withdrawn by the Council on 11 February after a delay of several months. The decision in the second request, although flagged for publication by the EBoA, never made it to the outside world but can be found on the Internet5.

The Council then launched a third request which is still pending. In order to accommodate the prolongation of the procedure, Art. 95 SevRegs was changed in December 2015 with retroactive effect (!) so that now not only the Board member concerned, but any Board member can be suspended for 2 years and longer. After 1.5 years suspension, now on half pay, and 5 procedures (investigation, disciplinary procedure and 3 EBoA procedures), one wonders how many times the Council may come back with basically the same case.

Detailing the complete catalogue of procedural errors in this case would go far beyond the scope of [this] article. Suffice it to say that the whole procedure provides a textbook example for the lack of competence that prevails in the Battistelli administration. And whatever the outcome will be, it is clear that there will only be losers: the Council, who did not assume responsibility as appointing and disciplinary authority, Mr. Battistelli who, in this procedure, has breached almost every regulation in the book; DG3 that has seen its independence seriously undermined, and the DG3 member concerned who has been living an uncertain and very expensive nightmare for 18 months, with no end in sight.

______ 1Communiqué No. 64 (€« Anonymous defamation : EPO staff member apparently involved €») of 03.12.2014, referring back to a Communiqué of 26.02.2013 (€« Defamation Campaign against VP4 €») 2 http://ipkitten.blogspot.de/2014/12/breaking-news-enlarged-board-appeals.html 3 http://techrights.org/2016/01/19/croatian-defamation-lawsuit-an-update/ (access to Techrights is censored in the EPO) 4 Similar accusations were repeated by the President in a letter to Mr. Pierre-Yves Le Borgn' 5 A short overview of the case and links to both decisions can be found on wikipedia: https://en.wikipedia.org/wiki/Art_23_1/15_and_Art_23_2/15



I have personally been following this saga since the beginning and it is appalling that Battistelli still calls himself "President". He should have been impeached not with compensation but with legal cases against him. It's Battistelli who should be on trial, and maybe some day we shall see that too.

Make no mistake about it. It's not as though EPO staff isn't aware of what's going on. It's mostly the media, which has been greased up by Battistelli, that remains apathetic or unwilling to cover the above scandal (or cover it poorly/improperly if it does at all). Sometimes the media just helps Battistelli defame his victim -- a subject on which we might say more one day (we have some insider knowledge of how it came about).

Regarding EPO under Battistelli, one person asked yesterday: "Who is going to be stupid enough to apply for a job at these conditions?" Here is the message in full: "If I understand correctly, the President is introducing new laws meaning that if he fires me for failing to meet 15% yearly increases of examination targets, or because my husband is a patent attorney, he can prohibit me from working for 2 years, cut my pension and apparently also cut my health insurance.

"This sounds crazy when the office is announcing internally that they will recruit hundreds of examiners in the next 3 years to get rid of the backlog until 2020 (4 years). And at that point they will need hundreds of examiners less, of course. Who is going to be stupid enough to apply for a job at these conditions?

"In addition, this is not at all what the council asked. Maybe the President has a plan to destroy the EPO and replace it with a new patent system. Or maybe he is indeed crazy, I don't know. He is not so young. In any case, what can the council really do? Can they get rid of a President in advance? Can they force him to do anything? "

This is not compatible with European law. Battistelli "might kill the EPO in the process," one person wrote yesterday. To quote the entire comment: "I don't think he has a plan to replace the whole system with something else.

"He is just applying what he has learned and what has been applied to all public agencies and corporations for the last 3 decades, cost cutting at the bottom combined with bonuses for the top floors.

"He might kill the EPO in the process, but that is not very likely without political will to do so.

"He will probably do a lot of irreversible damage that will affect the whole IP profession in Europe, examiners and attorneys alike and also some applicants. After all, if filling a form is all that I need to get a patent, I certainly will consider doing that myself."

Well, patent lawyers too increasingly realise that Battistelli is against their interests.

We couldn't help but notice someone still responding to provocative comments if not trolling (which we prefer to altogether ignore and skip). The term “team Battistelli” seems to have been adopted there (it was coined by Techrights). Remember that Battistelli leaving would not be enough as his circle of entryism (i.e. Team Battistelli) now poisons the EPO's management as a whole. Battistelli has surrounded himself with people as abusive as himself, or at least loyal enough to cover up his abuses. ⬆

Recent Techrights' Posts

EPO Meeting Ran Out of Time to Discuss the Scabs ('Young Professionals')
EPO staff representatives in The Hague meet a member of the 'cocaine cabinet'
Julian Assange Ready to Talk More (After More Than a Decade of Arbitrary, Unjust Confinement)
Two years ago, upon his release, his wife said he'd need some time off before properly or fully returning to the public eye
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DisroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DisroWatch page to make the illusion of popularity
Daniel Pocock Makes It Into Mainstream Media Again (Going After Racists)
American bigots funding blatant and shameless racists here in the UK
Another Woman (or Women) Has Just Run Away From Brett Wilson LLP (After Barely a Month!), the Hired Guns of Garrett and Graveley (Microsoft)
They call this phenomenon "death spiral"
 
Links 26/09/2026: Volkswagen Recalling ~50,000 Cars, US Attacks Its Own Media
Links for the day
Making Oneself Obsolete With Slop
Dr. Lemire also puts on display a degree of hypocrisy
Brigading Against Women - Part III - Racism Looms Large, Not Just Sexism
threats from a racist
Microsoft CEO Calls Layoffs "Streamlining" and Says Microsoft Layoffs Are "Great to See"
The lack of honesty here is only to be expected from Microsoft
Media silence deafening as Reform UK on brink of administration
Reprinted with permission from Daniel Pocock
Gemini Links 26/09/2026: Travel, Group Insurance Death Spiral, Stargazing, and Lagrange Meets LLM Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 25, 2026
IRC logs for Friday, September 25, 2026
Longtime Symbol of Microsoft's XBox Franchise, Halo, Down to Barely 20 People
The purge is huge, far bigger than submissive media cares to point out
The Register MS Promotes Slop for Banned Companies That Put Chinese Back Doors in Things, "AI" Mentioned 37 Times in One Page!
taking money from the undemocratic state and its surveillance outfits
Microsoft Attacked European Courts and Jurists, Now Europe Dumps Microsoft
This is because GNU/Linux is technically better, but the political factors contribute to that as well
IEEE Tribute to Richard Stallman, Michael Tiemann, Linus Torvalds, Larry Augustin, Eric S. Raymond, Bruce Perens, Frank Hecker and Brian Behlendorf (Revolution OS Showing)
Live shortly
Winding Up Racists
What happens next shall be interesting
Links 25/09/2026: Selling Rogue, Defective Bots as "Agents" Results in PR Fiasco and Breaches; Russian 'Hybrid Attack' and "How Russia Evades Sanctions"
Links for the day
Gemini Links 25/09/2026: Arvelie Calendar, 44net, Pebbles, and Building the Bagel Concert Finder
Links for the day
Large Wave of IBM PIPs, the RAs Wave Comes After 'Low-Hanging' Fruit (Families) Disposed of
PIPs are the new RAs
Links 25/09/2026: Carcinogen Atrazine Pollutes Americans' Bodies, "Donald the Deadbeat Does Diesel", and Anger Over Data Centres Grows
Links for the day
Theory That Microsoft Cheapens Its Workforce to Push Workers Out on Their Own (Theory Advanced by Insider)
people work longer hours for less, i.e. their hourly salary is decreasing
Tackling Racism in the United Kingdom (Racism Funded by Americans) Using the Courts
We'll talk about racism my wife and I experienced in the events leading up to litigation
SLAPP Censorship - Part 200 Out of 200: Will GNU Boot Undo the Technical Damage Caused by Microsoft and Garrett? (And Garrett's Litigation Allies From Microsoft)
Today we publish the final part of this series
US Government Sites Can Now Totally Ignore Mozilla Firefox Users or Users of Firefox Derivatives
Firefox, now at 1.1% in the US (based on American government sites), has sunken to the point of no return
Things Not to Measure in Quantity Alone
More patents do not beget greater innovation
Even Microsoft Boosters Start to Doubt XBox Will Exist (It's Being Phased Out, Just Not "Officially")
This is how to phase out a business unit without officially saying so (as it might alarm investors)
Omarchy is Built on the Idea That Slop is Desirable (It's Not)
They call bots and plagiarism "agents" and "training"
IBM is Shrinking Very Fast (Silent, Unannounced Layoffs)
IBM and Microsoft both avoid WARN notices by compelling staff to leave or silently removing them with some NDA
In Some Parts of Microsoft 50% of All Staff Subjected to Layoffs, Media Pretends Only 0.1% of Staff Are Removed
This really says a lot about the state of today's so-called 'media'
SLAPP Censorship - Part 199 Out of 200: An American Burden on the British Legal System
A year ago (October 2025) the head of media (Jointly in Charge of the Media and Communications List), the judge in the Garrett case, said that this case was a waste of the court's money
EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
Criminalising Opposition to Fraud
slop causes social issues
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock
Gemini Links 24/09/2026: Laziness, Outdoor Seating, "AngelNova’s Interview Malware and Its North Korea Connection"
Links for the day
Links 24/09/2026: Slop "Linked to Disturbing Culture of Sexual Assault"; "Zelensky Warns Russia’s War Will Expand if It Is Not Ended Soon"
Links for the day
Winding-up petition served on Reform UK Party Limited (Nigel Farage)
Reprinted with permission from Daniel Pocock
Appliances Should be Dumb
Any "Smart Home Appliance" is basically a thing that does not last long, does not work as advertised, and is generally unfit for purpose
SLAPP Censorship - Part 198 Out of 200: It Sounds Like Garrett is Now Sending People to Silence Critics (Including His Own Spouse)
This week Garrett is having a somewhat karmic experience
Links 24/09/2026: Slop Contaminating KDE, Slop-Focused Data Centres Have Severe Environmental Impact
Links for the day
SLAPP Censorship - Part 197 Out of 200: Garrett Became So Poor That He Wants Others (in Another Continent) to Pay for His Own Legal Work Being Faulty
They lie to courts
The Register MS Has Become a Slopfest
This is the behaviour of a perishing publisher
Gemini Links 24/09/2026: Requiem for a Season, Philosophy, Rube-Goldberg Machine, ROOPHLOCH 2026, and Git over Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 23, 2026
IRC logs for Wednesday, September 23, 2026