Bonum Certa Men Certa

Updates Regarding EPO and BoAC: Unrest and Injustice Carry on

Hanging in the balance of Battistelli's gross injustice

Hanging mugs



Summary: Some of the latest information which is publicly and privately available to us, in particular regarding the case of a suspended judge which represents unprecedented erosion of the appeal boards' independence (and hence lack of justice in the Organisation)

THE EPO is in a very sad state. The culprits -- those who have ruined it -- still keep their jobs and even have their contracts extended/renewed. Insiders can now get the Administrative Council's minutes from June. They came out several days ago. What took so long? Are those minutes so secretive and is the EPO afraid that outsiders will exploit them? We are going to publish these quite soon. June's meeting was all about BoAC, whereas back in March Battistelli came under fire (or the pretense of it). Things don't appear to have moved onwards; the latest (October) meeting gave room for hope, but December is unlikely to bring the well-overdue sacking of Battistelli. The crowdfunding of a Battistelli departure (or firing) party just continues and the money piles up. Fireworks?



"One day we hope to release more material from the March and June meetings of the Administrative Council."For those who forgot, the June meeting was all about BoAC, brushing aside the social issues as if they didn't matter, after the March meeting promised they would be dealt with urgently and even sort of set an ultimatum for Battistelli -- one which he obviously ignored.

A person who has seen the Administrative Council's minutes from June told us that "[i]t makes an interesting comparison with how the meeting was perceived at the time. Turns out that the BoA reform only just got through. Some great quotes from Battistelli as well about SUEPO."

One day we hope to release more material from the March and June meetings of the Administrative Council. We already have such material, but we never got around to publishing it due to lack of time (no urgency at the time).

We have meanwhile noticed an additional comment with some links in it, relating to claims that the EPO lied about what had happened in the midst of the above meeting. The comment in IP Watch says:

The entire text of the AC’s March resolution can be found at http://www.hipo.gov.hu/en/news/sztnh-hirek/hirek-esemenyek/147th-meeting-of-the-administrative-council-of-the-european-patent

The background of the issue is explained here: http://kluwerpatentblog.com/2016/03/18/supervisory-board-european-patent-office-votes-for-reforms-increasing-the-pressure-on-president-benoit-battistelli/


Looking over at IP Kat for updates (the site itself is self-censoring, but comments continue to come out), we have:

Why is this post still in the top 5? What happened afterwards? Is the guy dismissed or not?


There is no coverage anymore. The people from IP Kat seem to not care about the EPO scandals, especially after the EPO banned the site for a day. They are self-censoring, specifically regarding EPO scandals (they still mention the EPO, but only in a positive context and UPC promotion). Not by accident, certainly!

Here is one response to the above:

No. Battistelli is still there. The AC didn't take any disciplinary action against him. Casado and Topic were also renewed.


Another person wrote:

Not dismissed. Under the new regulations adopted in June, he remains suspended. Without any running procedure. In a clear violation of judiciary independence....

So, it looks like he'll remain suspended until his end of term, and with current management no chance of reappointment. This is a hidden disciplinary measure... If new allegations pop up, these are likely to be the result of the previous investigation, which under national procedures would not be permitted to be used during a different procedure...


"Is there something rotten in the state of Denmark," another comment added, linking to "Danish Press Coverage of the EPO by Berlingske" (Techrights).

A few more (newer) comments say:

Quite frankly, this is unacceptable. The EPO's whole purpose is to uphold the law (on patents). How can they be trusted to do that properly when they do not even follow their own internal rules and procedures, let alone common principles on the rule of law (or human rights)?

The EPO (and the AC) would do well to remember the importance of ensuring that not only is justice done but that it is seen to be done. The damage to the EPO's reputation (and to that of all professionals working in the patent sphere) could be immense if this is not handled properly. Indeed, that ship may well have already sailed.




Quite frankly, this is unacceptable. The EPO's whole purpose [etc. etc.]

[Yawn] ...

Trop c’est trop. Battistelli doit partir (Philip Cordery, 11.10.2016)

[double Yawn] ...

"Enlarged Board publishes decision: EPO President violated judicial independence"

[more Yawns] ...

Et sinon, ces croquettes, ca vient?


A bit of sarcasm:

The EPO's whole purpose is to uphold the law (on patents).

Sorry, that was yesterday, before the "much needed" reforms to "modernize" the European Patent Office.

Now the whole purpose seems to be lining the pockets of the Representatives of the AC so that they can fake [mild] outrage at what is going on - or no outrage at all at the President violating judicial independence.




The ship sailed a long time ago.....3 years ago

And the silence here is not just embarrassing its highly suspicious


The above comment says that "Casado and Topic were also renewed" -- a subject we'll explore again later this week. These renewals were publicly mentioned in the EPO's latest update regarding the meeting of the Administrative Council of the European Patent Organisation. The overview was published online several days later (the following week in fact) and it says:

The Administrative Council of the European Patent Organisation held its 149th meeting in Munich on 12 and 13 October 2016 under the chairmanship of Jesper Kongstad, Director General of the Danish Patent and Trademark Office.

After the Chairman's report on the most recent meetings of the Board of the Administrative Council, the Council noted the activities report given by the President of the European Patent Office, Benoît Battistelli (to be published shortly on this website). The Council was pleased with the excellent results achieved by the Office in terms of efficiency and productivity but again stressed the need to be conscious of any possible impact on quality. The Council urged staff and management to use the momentum of the Social Conference, held just ahead of the Council meeting, in order to further the social dialogue and work together to find solutions.

The Council then proceeded with a series of appointments and reappointments of members of the Enlarged Board of Appeal and a Chairman and of legally and technically qualified members of the Board of Appeals.

Later, under the heading Legal and International Affairs, the Council heard a status report on the Unitary patent and related developments, given by the Slovak delegation, representing the country holding the EU presidency for the second half of 2016.

The Council made the following appointments to the Boards of Appeal Committee each for a three-year term, starting on 13 October 2016

a) from among the delegations:

Mr Roland Grossenbacher(CH) and his alternate Mr Derk-Jan De Groot (NL),

Ms Patricia García-Escudero (ES) and her alternate Mr Jorma Hanski (FI),

Ms Bucura Ionescu (RO) and her alternate Ms Catherine Margellou (GR)

b) from among former or serving judges:

Mr Klaus Bacher (DE), Mr Justice Birss (GB) and Mr Are Stenvik (NO). Alternate members in this category would be appointed at the next Council meeting. The Council noted that the Board of Appeals Committee and the President would make a joint proposal for appointment of the President of the Boards of Appeal in time for the next Council meeting.

By way of further appointments to the Council's own bodies, in each case for a three-year term, starting on 15 December 2016, the Council:

-elected Mr Josef Kratochvíl (CZ) deputy chairman of the Council,

re-elected Mr Lex Kaufhold (LU) deputy chairman of the Budget and Finance Committee; and

-elected Mr Vojko Toman (SI) member of the Board of the Administrative Council.

It also elected Ms Delfina Autiero (IT) member representing the Administrative Council within the Supervisory Board of the Reserve Funds for Pensions and Social Security (RFPSS) with effect from 12 October 2016.

On a proposal from the President, the Council decided to extend until 31 December 2018 the appointments of Mr Alberto Casado (ES) and Mr ZeljkoTopic (HR), Vice-Presidents in charge of Directorate-General 2 and 4 respectively.

Finally, the Council noted, as a first step in a longer process, comprehensive social and financial studies and had an exchange of views on reviewing the disciplinary procedures framework.


The above is a somewhat 'sanitised' version of what was posted internally (and we leaked earlier this month).

Regarding that last line, stay tuned as later this week we have much to reveal about Željko Topić. It's not a done deal; Battistelli was rumoured to be behind this renewal.

Recent Techrights' Posts

Linux Kernel Becoming a Slopfest - Part 2 - Bribes From Slop Pushers Divide Us
Money can and does divide people
Expecting Failure
Some things would not happen to technology (tech) experts because they know how things work and what to expect (or watch out for)
 
IBM's Anderon Another Opportunity for Debt-Loading, Publicity Stunts, Maybe Hidden Layoffs
Anderon is like Theranos
In Praise of 7 Years of Alex Oliva in the FSF, Not IBM
Thank you, Mr. Oliva, for 7 years of uncompressing advocacy and perseverance
SLAPP Censorship - Part 186 Out of 200: Love (Always Commands)
This coming Friday we celebrate our wedding anniversary
With Half of September Finished Clownflare Radar Sees GNU/Linux at 7% "Market Share"
On desktops/laptops
Gemini Links 16/09/2026: Cards, Nature, and Conspiracy Theorists
Links for the day
Links 16/09/2026: Proprietary Chatbots Company Lets Humans Moderate Chatbots, "Putin Looking to See How Far he Can Push NATO"
Links for the day
The Only Still-Supported Version of Windows Breaks Itself (Again), the Microsoft Layoffs Will Carry on in Secret
In the US they marked about 7% for removal just this past summer
Wikileaks Turns 20 Just 18 Days From Now
it's fair to say they've endured online, but aren't lively/active
The Cyber Show Debunks the Alleged Intelligence in Slop
It's shorter than usual
Links 16/09/2026: US Running Low/Out of Some Ammo Due to Wars, Slop Bots "Are Using an Outrageous Amount of Electricity"
Links for the day
"AI Slowdown" is Code Word for Bubble Imploding (Trying to Make This Slowdown Seem Wilful, an Act of Safety and Responsibility)
They help one another by inflating the bubble and making false excuses when expansion stalls
SLAPP Censorship - Part 185 Out of 200: What Reputation?
Helping monopolies and working for monopolies never made anybody popular
Gemini Links 16/09/2026: Slovenia, Catastrophe Ethics, and ROOPHLOCH 2026
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 15, 2026
IRC logs for Tuesday, September 15, 2026
Microsoft Layoffs in September 2026 Are Silent, Hidden
Expect the same next month ahead of the fake results
Links 15/09/2026: 'Smartphone', Android TV Box, Stockholm Syndrome of [Slop Plagiarism] Acceptance
Links for the day
Carmen-Lisandrette Maris Prepares Audiobook to Explain Software Freedom/Digital Rights to Adolescents, Needs Help From Volunteers
needs help with narrating
Links 15/09/2026: Putin-Connected Money for The Insurrectionist Jr. and Turkey's Crackdown on Activists
Links for the day
publicdomainpictures.net Seems to Have Become Fed Up With Slop Contaminating Its Database (Wasting Storage, Bandwidth), Now It's Suitably Flagged, Should Be Demoted/Delisted
The site was redone, suffered some hours of downtime, then 'relaunched' with a new interface this week
Gemini Links 15/09/2026: Hiking in Munții Făgăraș, Scams, and Slop Plagiarism Considered Unethical
Links for the day
Linux Kernel Becoming a Slopfest - Part 1 - At the Beginning (Torvalds Knew It Was Trouble)
We still wonder if we should make and actively maintain a shame list (developer/employer) for the people who contaminate Linux the most with slop plagiarism
EPO Staff is Preparing to Take Up a Notch the Strikes and Other Industrial Actions Ahead of October's Meeting (It Can Help Oust the Corrupt Leadership)
mobilising perhaps thousands of workers at a critical time in the history of the Office
unixcop.com is the Latest "Linux" Site to Have Become a Slopfarm After 2 Years of Death (Inactivity)
Not a way to stage a comeback
Allegedly Many PIP Layoffs in Nepal, IBM Does This Before a Known Death Toll in Avalanche (Caused by China-, Europe-, and US-Induced Global Warming)
Fresh wounds, before the bodies are even recovered (thousands still missing)
"Wail" by Alexandre Oliva
This work is licensed under the Creative Commons License BY-SA (Attribution ShareAlike) 4.0 International
This Morning The Register MS Published a Page With "AI" 83 Times in it. The Register MS Got Paid to Do This.
The Register MS is not a serious publisher and a lot of the stuff about "AI" on the Web isn't journalism but paid-for SPAM
While GAFAM/Microsoft Disguise Financial Crisis as "Investment in AI" the Slop Giants Make Up a Narrative of Wilful Slowdown
A BS artist is good at the art of BS when the artist's failures or weaknesses get twisted as moral or professional leadership
SLAPP Censorship - Part 184 Out of 200: A Tiny Law Firm That Knows Nothing But Microsoft (But Merely Pretends to Understand "IT")
They've managed to trick some mainstream media into thinking they're "Tech" experts or "Social [Control] Media" gurus; nothing could be further from the truth
Links 15/09/2026: Sweden’s Far Right Perishing and "Iceland Just Got Played"
Links for the day
It's Not About How Developers Vote
This isn't about politics, it's about users being in control of their own computers and computing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 14, 2026
IRC logs for Monday, September 14, 2026
Gemini Links 15/09/2026: Poetry, Enshittification of Ebay, and Mecha System
Links for the day
LG Lies to Cover Up Lies About Its Spying TVs (It Records and Transmits Conversations in Rooms)
This is what a lot of "modern" technology is like
Oracle's Debt Continues to Soar (Increase of 60 Billion Dollars in 15 Months, Not Counting the Secret Debt, With Off-balance-sheet Debt Having "Grown Roughly Thirtyfold in Four Years")
Oracle debt continues to grow
It Has Cost $215,000 in Legal Costs to Sue IBM for Wrongful Termination
IBM typically settles out of court and demands secrecy (to avoid anyone else benefiting from the very expensive outcome)
Apple's iOS and macOS Measured as Bigger Than Windows in the US, Linux-Based OSes at Almost 30%
Expect the silent layoffs at Microsoft to continue at a rapid pace
Oracle, Like Microsoft, Drowns in Debt and Discards Tens of Thousands of Staff (Microsoft Does the Same More Discreetly)
The main difference between Microsoft and Oracle is that the latter is honest about what's going on
Gemini Links 14/09/2026: First Android Phone, Leaving Sony, and Rant About Gemini-to-HTTP Proxy Providers
Links for the day
Links 14/09/2026: "Scam Altman Now Trying to Gain Control of Electric Grid" and Sweden Moving to the Right
Links for the day
Vista 11 Flunked
Microsoft cannot start a "Vista 12" campaign as it would only make matters worse
Microsoft Urgently Needs Distraction: There's No "Next XBox", But There's a New Boot Screen (Like 'Dark Mode', a Feature That Can be Implemented in Mere Minutes/Hours)
Anything to distract from XBox fiasco
The PIPs or 'Voluntary Termination Offers' Help IBM Fake Its Situation
"IBM is not a tech company"
IBM Flying Away to Sweatshops (So Will Red Hat)
Even on Sunday people post about 'leaving' IBM
RFID Ambitions Already Established by Widespread Skinnerbox Adoption
A society that cannot maintain privacy for those who deserve it will not manage to assure dignity of citizens
SLAPP Censorship - Part 183 Out of 200: What Actually Happened Two Months Ago (Based on People Who Attended)
It's dangerous to assert what happened in a hearing you did not attend (there was no video stream or recording, either)
Phil Harvey, an Editor-in-Chief in a B2B Site, Explains Why ChannelFutures (Connected to TechTarget) and Other Sites That Used to Cover Linux Deleted Many Articles
Every old article in channelfutures is gone!
Software Freedom Day 2026 is 5 Days From Now, Fresh Reminder to Boycott Proprietary Software
Let this be a timely reminder of why people should avoid proprietary software
Links 14/09/2026: Slop Hardly Used for Actual Work (Chatbots Are for Lonely People), Slop Bots (Scrapers, Plagiarism) "Are Thirsty for Power"
Links for the day
Gemini Links 14/09/2026: Trip, Hiding, and OCR
Links for the day
IBM PIPs Are Layoffs (RAs Come Later Even If You Satisfy the "Performance" and "Plan")
Notice how "the media" almost never mentions silent layoffs, as if just because they're silent, there's nothing to investigate, nothing to see there
Slop Companies Engage in Plagiarising the Web, Now They Pay People to Contaminate the Web With Their Lies
Remember that the lawfare against us is funded by slop salaries!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 13, 2026
IRC logs for Sunday, September 13, 2026