Bonum Certa Men Certa

Team Battistelli Intensifies the Attack on the Boards of Appeal Again

While publicly stating to the media that they have gained independence (which is a lie)

Soviet emblem
Back to East German standards in Munich



Summary: The lawless state of the EPO, where the rule of law is basically reducible to Battistelli's ego and insecurities, is again demonstrated with an escalation and perhaps another fake 'trial' in the making (after guilt repeatedly fails to be established)

THE EPO has become a rogue institution under Battistelli. It not only abolished quality control but also started attacking anyone who dares talk about it.



According to this, the "EPO does not even invite critics of swpats [software patents] when it makes an event, looks like an echo chamber for patentees" (links to an event that was mentioned here in another article from this morning).

Jesper Lund responded by saying that the "EPO has even stopped saying computer implemented inventions instead of #swpat" (software patents).

"Remember that Battistelli, who cooked up several fake 'trials' (internally, no oversight), relied on a USB device as 'evidence' and then spread some defamation in the Dutch and German media regarding the claims made by the accuser (himself)."They just keep changing the words they use to dodge the negative connotation. See how they say UPC instead of EU Patent and Community Patent, among other names for the same bad scheme. The EPO used to speak of "computer-implemented inventions," a euphemism for software patents. They used to do this in their older Web pages (in the old site) and sometimes said CII, as we showed earlier this year. So basically, our fears of software patents under Battistelli are justified and insiders tell us that they do in fact grant software patents.

Who can stop this madness? Usually the boards of appeal. They already contributed to narrowing of scope in the past (to prevent frivolous litigation*). This morning we published a post that mentioned Board 28 and the latest stunt from Battistelli. He is quietly putting up the fire on the boards -- all this while the media is supposed to believe that the 'exile' in Haar is an improvement (Wim Van der Eijk, Chairman of the Enlarged Board of Appeal (EBoA), is already on his way out).

Remember that Battistelli, who cooked up several fake 'trials' (internally, no oversight), relied on a USB device as 'evidence' and then spread some defamation in the Dutch and German media regarding the claims made by the accuser (himself). Here is the latest on this:



yeah, just saw it too. How can there be new material NOW? Or did one of the newly hired guys find new evidence somewhere in the stack of material on the famous USB-storage element?

Incredible. The most important thing hammered to me in the EPO-academy for examiners-to-be, was that every single communication should be as complete as possible, including ALL objections. We should not create new cases every time with new objections based on grounds previously known or foreseeable, but not formulated. We should not be lazy. Writing all down is procedurally efficient and gives better legal certainty to the party concerned and the public. Maybe we should politely ask the administration representatives to join the academy, so that they do learn this important element of procedure. It also causes one to reflect a bit more when hearing/reading something, before jumping to conclusion and action.


One might be led to the "conclusion that the AC and the President are colluding to subvert the provisions of the EPC," one person asserted today. Here is the full comment:

So there are "new elements of information" on the suspended member of the Boards of Appeal. So what? The sole disciplinary authority for that member has closed the case against him. The charges have effectively been dismissed.

Some time ago, I posed the question of what the AC would do in the light of the disciplinary case being closed. I guess that we now have our answer: an "excuse" has been found for not immediately following the only legally sound course of action open to the AC, namely reinstatement (and appropriate compensation) of the member in question.

Do I take it that the member (and his legal tem) has been fully informed of the "new elements of information" and has been provided with an opportunity to comment upon them (as well as the issue of res judicata)? Or is there not even a pretence at formal investigation / disciplinary proceedings here?

If this carries on, then it will become impossible to avoid the conclusion that the AC and the President are colluding to subvert the provisions of the EPC. Whilst the immunities afforded to him mean that President can afford to be sanguine about the possible consequences of this, the members of the AC would do well to remember that their immunities are much more limited.


As we pointed out before, the attacks on the staff continue to escalate and become more severe. Staff in at least three EPO sites is said to be affected (the Dutch branch and apparently the Berlin branch also).

We are still curious as to why SUEPO has said nothing for so long; maybe SUEPO just hopes that the EPO's union-busting agenda will slow down a bit if they say little or nothing to the general public.

The EPO is in shambles and Battistelli does everything to ensure it stays that way. No wonder staff is leaving in droves and it is difficult to recruit suitable people. _____ * There is this new report today (actually a press release) about an EPO patent coming under fire, EP1575758B. It's likely to happen a lot more after Battistelli's regime has led to the issuance of many bogus patents and has damaged the appeal process.

Recent Techrights' Posts

IBM: We Can't Make 'AI' (Voice Recognition) Do the Work of a McDonald's Teenager, So Let's Try the Same on Saudi Planes
IBM is lost. It's truly lost.
The General Public License (GPL) Inspired the Web's Original Openness/Freedom, According to Tim Berners-Lee
"During the preceding year I had been trying to get CERN to release the intellectual property rights to the Web code under the General Public License (GPL) so that others could use it."
The Real Problem With Rust is Not "Wokeness" (It Never Was)
Don't feed the trolls who attack "Rust People" on political grounds
 
Why?
Why write articles?
Microsoft-Connected Publisher Spinning XBox's Death Spiral (It's Dying Fast) as a Strength and Something Deliberate
"Microsoft’s big gaming pivot"
Slop is Rare by Now
A year ago slop was so abundant that we did a whole series about it, and it was daily
Links 21/12/2025: U.S. Strikes in Syria, "Epstein Files Photos Disappear From Government Website"
Links for the day
Gemini Links 21/12/2025: Labrador Retriever of Lagrange's Developer Dies From Cancer, Political Philosophy, and "Getting to Inbox Zero"
Links for the day
Microsoft is Becoming Irrelevant: The Case of Georgia
Not Georgia Tech
Sirius Open Source is Now Imminently Dead (Struck Off)
compulsory strike-off
Dr. Richard Stallman, Invited by LibreTech Collective, is Giving a Public Talk in Georgia Tech Next Month (Scheller College of Business)
They can probably squeeze about 400 people into this room
25 Years of Activism for GNU/Linux
My passion for GNU/Linux brought a lot of contentment
Africa, Where Microsoft Used De Facto Slaves to Pretend to be "AI", Chatbots Usage is 0.2% of Measured Online Traffic
Judging by recent trends in Africa, many "Windows PCs" are being converted into GNU/Linux computers
New Drone Footage Shows IBM is Dead (Parts of It)
The people who participated in IBM when IBM actually mattered probably have boasting rights, unlike people who work for IBM today
Michael Larabel Adds Slop Category to Phoronix, Quickly Realises That It's Worthless
Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)
After 35 Years the World Wide Web, HTML, and HTTP Are Proprietary
HTTP/2 added a lot of complexity (it's just a Google protocol, based on SPDY originally), many image formats are proprietary and patented, HTML got 'replaced' by Java-Scripts [sic], and many URLs (the URL system was created in the early 90s) are just long strings for proprietary 'webapps'
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 20, 2025
IRC logs for Saturday, December 20, 2025
The Register MS Has Lowered Its Standards Considerably
Incidentally, we've only just noticed that "US editor for The Register since July 2025" has not been active for 4 weeks already
Scamfarms, Spamfarms, and Slopfarms in "Linux" Clothing
Today, Linux searches in Google News produced no slop at all. That's an improvement.
Did Bill Gates Lobby to Blur the Face of the Young Woman He Openly Braces (and Who Isn't His Wife)?
"This photo of of Microsoft co-founder Bill Gates with a woman whose face is blurred out is just one of 68 more photos and documents released today."
Links 20/12/2025: Microsoft Ruins Televisions, 'Epstein Files' Deeply Sanitised (to Protect Particular Culprits)
Links for the day
Gemini Links 20/12/2025: Merry Christmas 2025 and Running a Factorio Headless Server on FreeBSD with the Linuxulato
Links for the day
With 10 Days Left, the Free Software Foundation (FSF) Has Already Raised Close to $300,000 This Winter
they're besieged by despicable corporations and very despicable people
2025 in Numbers
What was very good about this year is that we truly got "into the rhythm" of publishing
More Microsoft Layoffs Coming Soon
When I spoke about Microsoft layoffs (routinely) I got very viciously attacked by Microsoft boosters
My Humble Assessment of the Future of Red Hat, A Company That IBM is Flushing Down the Loo
GNU/Linux will be OK without Red Hat, but shaping the future of it matters because we don't want companies like Valve (DRM) to set the agenda
Probably the Least Useful Gadgets, Ever
as if a "smart" thing worn on the wrist is the "new Rolex"
Former Manager at IBM Research (Yorktown) Says Why IBM is Doomed and the Anonymous Tipline (Speak Up) is a Trap
IBM isn't willing to change or to address internal issues
Links 20/12/2025: Fentanylware Becomes CheeTok and "Why Roomba Died"
Links for the day
Linux Foundation: Richard Stallman Developed Only a Software Licence
We already criticised this report several times last night
Impulsive Writing, Quotas, and Keeping Things as Concise as Feasible
A 10-word sentence being read by a million people can have the same impact or magnitude (exposure-wise) as a million-word book being read by just 10 people
Gemini Links 20/12/2025: Christmas Songs, Storms, and Old Web
Links for the day
Coming to Grips With a Lack of Future at IBM
Red Hat's future doesn't look bright under the auspices as they seem right now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 19, 2025
IRC logs for Friday, December 19, 2025
Links 20/12/2025: Media Layoffs, a Third of Online Traffic is Bots
Links for the day
Barbados: Significant Gains for GNU/Linux
over 5% if one counts ChromeOS as well
Very Shallow LLM Slop for IBM Disguised as Journalism About a "Plan to Train 5 Million Learners in India by 2030" (Unverified Figures With Very Distant Future Date/Year)
The Web has become somewhat of a laughing stock
'Linux' Foundation: The Foundation Has Almost Nothing to Do With Linux, It Just Misuses the Name "Linux"
Only a tiny portion of the Foundation's budget actually goes to Linux
Austria vs GAFAM
another win against GAFAM
Microsoft Has Purchased Another Linux Foundation Seat
From the latest (new) report
No Electronics, No Clocks, No Phones
We're meant to think that more gadgets will make life easier
Gemini Links 19/12/2025: Great Website Rebuild of 2025 and Running OpenBSD in a Hostile Environment
Links for the day
Google News Helps Slopfarms (What's Left of Them)
Lately we've noticed that nothing in the RSS feeds we follow is burping out slop
Links 19/12/2025: Privacy International's Reports and Russian Assets in EU
Links for the day
Today, The Register MS is Parroting Marketing Spam for Ponzi Scheme ("AI") in Exchange for Money
The Register MS should be held accountable when the bubble pops
Red Hat Senior Engineering Manager Leaves (or Gets Pushed Out by IBM) After Nearly 20 Years at the Company
The recent massive wave of IBM layoffs impacted Red Hat and so will the next (impending, Q1) wave
Why We Got Told by Insiders That Almost Everyone at EPO Reads Techrights and Many at IBM Track IBM RAs Via Techrights
In a nutshell, we cover topics almost no other site dares touch
IBM Research Shutting Down Labs, Lots of Workers Laid Off (Even Days Before Christmas in Devout Catholic Country)
Heartless, soulless company
Links 19/12/2025: Windows TCO in NHS, "Locked Out of Apple Account Due to Gift Card"
Links for the day
Nearly Three Months Have Passed Since EPO Cocainegate and the EPO's Management Still Refuses to Talk About It
But it's clearly aware of it
Richard Stallman Explains Why Software Patents Are Really Bad and Very Much Unnecessary
"The relationship between patents and products varies between the fields"
The Copycats of the FSF Have Serious Problems
If you care about Software Freedom, then support the real thing
Once Again, Just in Time for Christmas, UEFI and Its Boot System Turn Out to be a Giant Bug Door (Also a Microsoft Remote Kill Switch)
This industry - even academia - has been deeply compromised
In Activism and Journalism, If You're Ineffective They Ignore You, When You Become Effective They Stalk and Harass You, Failing That They Threaten You
"the Wikileaks effect"
Google Has Begun Linking to commandlinux.com in Google News, But It Seems to be a Slopfarm
This is not innovation, it's sloppiness, laziness, and a modern form of plagiarism
Microsoft Reportedly Tries to Cause Top-Level Managers to Resign If they Don't Participate in the Ponzi Scheme
Apparently even executives who don't play along are given marching orders
Microsoft, Over 120 Billion Dollars in Debt, Prepares Next Round of Mass Layoffs (After Christmas)
Microsoft is not managing to pay back its debt
Links 19/12/2025: Scam Altman Humiliates Self in Public, Climate Alarm Sounded, Egyptian Economist Convicted Over "Social Control Media Posts Critical of the Government"
Links for the day
You Can Get Work Done With Lean Software
obviously!
"The War on Privacy" is Real
"He Built a Privacy Tool. Now He’s Going to Prison."
The Cost of Being Influential
The "tech world" and its monopoly enforcer (patent system) are sleepwalking into autocracy
More Shutdowns and Layoffs at IBM
if someone covers correct but suppressed information, then people will make an effort to find it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 18, 2025
IRC logs for Thursday, December 18, 2025
EPO Violates Laws to Profit More From Invalid Patents, Then Cuts the Budget Allocated to Staff
taking away what was already promised to staff
Only a Few Examples of LLM Slop Found, Mostly via Google News
Is it fair to say that sites learned LLM slop does not offer any real value?