Bonum Certa Men Certa

Benoît Battistelli Reinforces the Perception That García-Escudero is His Pet Chinchilla at the Board of Appeals Committee (BoAC)

And entertaining the possibility of "opening disciplinary proceedings against the President”

Patricia García-Escudero and Benoît Battistelli



Summary: The autocrat who controls the Office in an unprecedentedly totalitarian fashion and has reduced its so-called 'overseers' to little more than useful chinchillas needs to face the music, for he keeps breaking even his own rules and disgraces (not to mention severely harms) the entire continent, not just his country and the Office

THE President of the European Patent Office is the source of many of today's problems; the many scandals that are purely his own fault make the USPTO look like a saint and it doesn't help when Benoît Battistelli speaks about his pet chinchilla García-Escudero in his blog, reinforcing the perception of nepotism and protectionism under his reign.



Readers may need to revisit our older series about her connections -- a subject which we mentioned a few days ago in light of her doing photo ops with Battistelli. Right now we even have Battistelli writing about it in his so-called 'blog' (warning: epo.org link), to be promoted in this couple of tweets after EPOPIC, twice on Friday morning/noon [1, 2]. Mind the part which isn't just self-promotional and EPO promotion/hogwash but speaks specifically about García-Escudero, namely:

The latest of the international agreements is, fittingly, a new bilateral cooperation plan signed with Ms Patricia García-Escudero, Director General of the Spanish Patent and Trademark Office, which will also include projects in the field of patent information and awareness between the EPO and SPTO.


Asking Battistelli for the perception of justice and independence for the boards was apparently not enough from the chinchillas of the Administrative Council -- a subject which we are likely to revisit in the future, maybe over Christmas when more time is available. As one comment put it a few days ago, the "Council gives instructions to the President, the President simply ignores them and does as he wishes."

Here is the full comment:



Is it at all possible for the Council to force the President to do anything?

As recent history has shown several times this year, when the Council gives instructions to the President, the President simply ignores them and does as he wishes. In the present case, the Council explicitly asked the President to refrain from dismissals, we see what the President did. I gather that Merpel's proposal to use Article 20 PPI would have the same effect.

What can the Council do?

Correct me if I am wrong, I am not a specialist of the EPC. I understand from Article 11.1 of the EPC that the Council can nominate a new President. But first, I am not really sure they can do so before the end of his term (can they or not?) and second, they need a majority of 3/4 of the votes for doing so (Article 35). There are 38 member states, so the votes of 28 are needed. Conversely, if Battistelli gets the votes or the abstentions of 10 countries, he can stay forever. Any 10 countries.

Is there anything else that the Council can do?

There is Article 19 of the PPI: the Council can waive the immunity of the President. This has never been tried and I have no idea how many votes would be necessary. Even the Article is not clear as the German, English and French texts are actually different (English: "waive immunity", German and French "waive one of the immunities"). Besides, this would be very slow.

There is Article 11.4 EPC: the Council shall exercise disciplinary authority over the President. Apparently, only a simple majority is needed under Article 35.1 in that case, so 19 countries. But this has never been tried and I don't know under which conditions that "disciplinary authority" can be exercised or what sanctions they can impose on the President, whether the President can appeal (which would add delays), etc... Can they actually dismiss him? That seems to be in contradiction with the number of votes needed to elect a new President. Can they impeach him? If yes, he would then be automatically replaced by one of the vice-presidents (Article 10.3 EPC), which may not be very useful if that vice-president is Minnoye, Topic, etc...

Last, there is Article 172: the Convention can be revised (for example to include more checks and balances to the President powers). Here again, 3/4 of the votes are necessary.

Did I forget something?


Writing in a separate thread, one person correctly notes that "[t]he EPO doesn't have the power or inclination to take on the EU..."

Here is the full comment:

Well the EU doesn't like dissent and so it will be interesting to see how this pans out. The EPO doesn't have the power or inclination to take on the EU and so will presumably need to look for a way to reverse the G decision. Perhaps there needs to be a mechanism for the EPO to refer questions to the CJEU as a way of preventing this happening again.


It often seems like the EPO feels free to just disregard everything and everyone, ranging from the EPC to the European authorities (local), the central government (Commission), human rights lawyers, ILO, and the highest Dutch court. Yet is certainly feels comfortable enough to (mis)use the law to bully bloggers like myself, in an effort to silence or at least intimidate critics. These are provocative tactics which would only backfire on Battistelli and his goons.

“Also there is no problem with them opening disciplinary proceedings against the President,” wrote the following new comment, but who would be brave enough among these useless, powerless chinchillas to even propose disciplinary proceedings against the President, who breaks his own rules and gets away with it? To quote:

Did I forget something?

Yes. You forgot Article 4a. Call a ministerial conference to discuss the situation. It is long overdue. Supposed to be held once every five years. But so far none held.

Also there is no problem with them opening disciplinary proceedings against the President. The disciplinary committee would then issue an opinion and the Admin Council would then vote on this opinion. Of course it's not going to happen. The ship will sail on. Just like the Titanic.


Well, here are a couple of responses to this invocation of Article 4a:



@Article 4a: the article calls for a meeting on IP matters, not a conference... All the UPC meetings can be counted under Art. 4aEPC...

Article 4a[ 4 ] Conference of ministers of the Contracting States Art. 4 A conference of ministers of the Contracting States responsible for patent matters shall meet at least every five years to discuss issues pertaining to the Organisation and to the European patent system.




All the UPC meetings can be counted under Art. 4aEPC.

What do you mean by "UPC meetings"?

The Unitary Patent is an agreement of certain member states (28 EU states) under Article 142 EPC. http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar142.html

Article 4a foresees a conference of the ministers of all 38 contracting states.



Now, consider this:

There is no requirement that all EPC members need to be present, just a conference on patent matters and/or the organisation....

28 out of 38 is even a majority.....



In light of Battistelli's abuses (continuing to bust unions in defiance of the Administrative Council) we think that Techrights needs to drop some new documents soon. Battistelli's escalation of this conflict has given Techrights reasons to release even more documents soon, if not this month then during Christmas when there's time to catch up. The secrecy of the EPO is its worst enemy because this growing secrecy, over time, has been breeding growing levels of abuse.

We always, we urged all readers who are European to contact their national delegates and explain to them what a disgrace the EPO has become.

Recent Techrights' Posts

Being Prevented From Accessing One's Own System Means Getting Locked Out, Not Security
a metaphor
3/4 (Three-Quarter) of Requests Seen by statCounter (Originating From Desktops/Laptops) Deemed to be "Linux" in San Marino
74% Linux, it says...
The Linux Foundation Does Not Work for Linux, Definitely Not for Free Software
works for its biggest sponsors, i.e. companies like Microsoft, IBM, and others
The European Patent Office's (EPO) Crisis Week Ends Today, the Rest of the Year Will be EPO Staff on Strike
The outcome of the two-day meeting won't change the fact that EPO staff is on strike for the whole year
British Women Don't Want to Work for American Men Who Attack American Women
"[g]reeting clients and preparing beverages"
Mass Layoff Event on June 30 at Red Hat? Let Us Know...
We are looking for more Red Hat whistleblowers
IBM Red Hat Kicks Out the Community, Promotes Slop
It has gotten so bad
 
Gemini Links 03/07/2026: Mindfulness Practice and "Slop Is Killing the Human Spirit"
Links for the day
Links 03/07/2026: Openwashing of Slop in "Linux" Clothing and "Happy Birthday, America"
Links for the day
John Been (reallinuxuser.com) May Have Crossed Over to the 'Dark Side' of LLM Slop
It 'smells' like it, a scanner seems to concur
Who or What is "Nadeko"?
Fijxu's services make life a lot easier for Free software sticklers
10 Years Since the World Lost Ian Murdock
My wife and I still use Debian, as does this site
No, Microsoft is Not Laying Off 5,000-6,000 But a Lot More
There are "buyouts", "PIPs" (silence layoffs), pink slips, and future waves, not counting subsidiaries and contractors
The Cyber Show's Andy and Helen Confronting 'Upgrades'
the latest from Andy and Helen
statCounter Sees Almost 1 in 10 Desktops or Laptops in Egypt as GNU/Linux Workstations
10% "market share" (for GNU/Linux) was nearly attained last month
The March of GNU/Linux in the Russian Ally, Belarus
record high for GNU/Linux in Belarus
Technology is Getting Objectively Worse and Less Reliable
Something went horribly wrong
FOSS Force 2026 Independence Drive Lacks Independence From GAFAM's 'Linux' Foundation
We're not trying to 'bash' FOSS Force
News That Matters, News That's Exclusive, and News LLM Slop Will Never Get Right
Churning out blog posts just for quantity's sake was never our goal
Independence and Software Freedom
Much work remains to be done
European Patent Office (EPO) Series: Operation Monte Titano: Micro-State Diplomacy
On 28th May 2026 EPO President António Campinos paid a visit to the Most Serene Republic of San Marino where he was received with full diplomatic honours
Links 03/07/2026: Slop "Isn’t Replacing Lawyers", "App Fatigue"
Links for the day
Statement on This Week's DDoS Attacks
DDoS attacks are not a "badge of honour". They are a nuisance.
Skinnerboxes as Health Problems and Impediments (Against Happiness)
skinnerboxes are a form of addiction
Costa Ricans' Adoption of GNU/Linux Reaches New Highs
Windows is doing poorly in general
Gaming on Windows is in Trouble, XBox is Practically Dead Already
It seems increasingly clear that Microsoft wants to get rid of XBox
New Record for GNU/Linux in the World's Largest Muslim-Majority Population (287,983,025)
Will Indonesians leave GAFAM behind?
SLAPP Censorship - Part 126 Out of 200: Becoming More Aggressive Against Us Only Proves Us Right
the police involved
The Register MS Covers "AI" Because It Gets Paid to
A lot of noise "in the news" about "AI" is paid-for trash
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 02, 2026
IRC logs for Thursday, July 02, 2026
Gemini Links 02/07/2026: OpenBGPD, Newt and OpenBSD, Indieweb Theme for Ghost
Links for the day
Links 02/07/2026: China "Ethnic Unity" Law a Global Threat, "EU Imposes €3 Duty on Parcels From China"
Links for the day
Japan's Share of GNU/Linux Has More Than Doubled
GNU/Linux now sits around 3.5% compared to about 1% two years ago
'Largest Single Layoff Event In Gaming History' or 'Largest Single Layoff Event In Microsoft History'?
we need whistleblowers, not official or semi-official statements from Microsoft
Off-putting Terms or Behaviour That Keep Women Away From Areas of Technology (Not What IBM and GAFAM Tell Us)
the use of language
Microsoft Windows "Goes South" in South America, GNU/Linux Popularity Soaring
Brazil and its neighbours must have paid attention to what happened earlier this year in Venezuela
It's Not the Layoffs, It's the Debt
PIPs and/or "silent layoffs" are about the companies flouting obligations to staff, reducing or eliminating the compensation packages
European Patent Office (EPO) Series: Cutting Ribbons in Sintra While the EPO Burns
Like the Roman Emperor Nero, Campinos fiddles in Sintra while the EPO burns
In Spain, GNU/Linux Now Measured at 5.5%
Microsoft and Windows are generally shrinking
North America: GNU/Linux Leaps to 8% "Market Share"
the trend is clear
statCounter: GNU/Linux Has Risen to All-Time High of 6% Worldwide (July 2026)
GNU/Linux has massive gains
Not Tolerating Death Threats
Death threads are a serious matter
Silent Layoffs, 'Happy' Layoffs, and 'Buyouts' (Pretending to Voluntarily Retire)
We've been seeing lots of that at IBM and Microsoft
SLAPP Censorship - Part 125 Out of 200: Litigants in Person (LIPs) Handling American Lawfare Funded by Third Parties (About a Million Pounds for 100 Kilograms of Legal Papers)
An appeal to the Court of Appeal can be justified at one point
IBM HR "Process is Similar to Raising Farm Animals"
IBM "silent layoffs" won't stop
Attacks on the Sites
These are clearly censorship attempts
Links 02/07/2026: Microsoft May be Shutting Down 5+ Studios, Slop Got Too Expensive, "RAMpocalypse" Discussed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 01, 2026
IRC logs for Wednesday, July 01, 2026
Gemini Links 02/07/2026: Kondo, Theological Thought, and X4
Links for the day
Links 01/07/2026: Apple and Microsoft Price Hikes, Political Catchup
Links for the day
Parroting the Script of RAs and PIPs, "Buyouts" and Layoffs by Any Other Name
Over time people will find out just how many people "leave" IBM
Slop Gives No Real Edge, It's Just Falsely Marketed That Way (FOMO)
Plagiarism in some measurable form is always bad, irrespective of what we call it
The Microsoft-Owned Media Shows What Spin Microsoft Will Use Amid Mass Layoffs
Microsoft says goodbye to over 10,000 workers this month
Brett Wilson LLP Has Just Lost a Case of Its Biggest Client "IN THE COURT OF APPEAL (CIVIL DIVISION)"
Is Brett Wilson LLP proud of such clientele?
The Media is Shooting Its Own Foot by Peddling Slop and Spam
Nobody wishes to read slop; as soon as people realise "the news" (or "news site") is LLM trash, they will walk away
Gary Smith Says Brett Wilson LLP Engages in SLAPP Against Him Over LinkedIn Post, "This is the Streisand Effect in Real Time"
"Lawyers who front SLAPP‑style threats on behalf of powerful institutions are not “defending reputation”; they are abusing legal process to intimidate and silence legitimate public‑interest scrutiny."
Gemini Links 01/07/2026: Wild Flowers, Slop, and Waystone Tools
Links for the day
Links 01/07/2026: Bending Spoons Makes an 'Exit' ("Going Public"), US Supreme Court Rules on Many Issues
Links for the day
Misattributing Blame, the Core Issue is Slop
that issue has nothing to do with Bash
Microsoft: Layoffs Are an Investment
Sales of the console will take another plunge and debt will skyrocket
Links 01/07/2026: MElon (Elon Musk) "Confronted With List of People He Has Killed", Microsoft Ignores Union, Chooses "Bloodbath"
Links for the day
The Register MS: Paid-For SPAM Advocating Chinese Colonialism in Africa, Not Even a Disclosure (as Before)
Does The Register MS recognise what this piece is promoting and who for?
Techrights Never Defended Rapists
In the past, I and others got falsely accused of "defend[ing] a rapist"
"Regular Silent Layoffs and PIPs" at Microsoft, According to Microsoft Insider
Many people leave without a fuss, only a signed NDA
Gaming Companies Help Promote Rootkits ('Anticheat') and Help Microsoft Take Control of People's PCs
The industry in its current form acts a bit more like a cabal of power-hungry companies that actively try to back-door everything and smear people who oppose that
IRC (Internet Relay Chat) Turns 38 Next Month
IRC did well because over 300k users are on significant networks (simultaneous, also counting bots and cross-network overlaps)
opensourceforu.com is a Slopfarm, It's Not "Open Source" and It's Not "For U"
Slop "For U"
DRM and Ownership
We now even have PCs that "expire"
GNU/Linux Reaches 6% in North America
Tomorrow around 10AM we'll see what preliminary data they get for July
IBM Layoffs Still Happening in 2026, They're Just Not Being Reported
The demise of IBM accompanies the demise of the media
SLAPP Censorship - Part 124 Out of 200: The Court Deems My Wife Connected to the Case of the Serial Strangler From Microsoft, Invites Her to the Hearing Last Week
Brett Wilson LLP does not play by the rules
Paying Severance to Staff Laid Off by Microsoft Too Expensive for Microsoft Now?
When companies earn such a bad reputation (not paying severance to people they discard) it lowers morale even further
Microsoft Mass Layoffs Due to Money Problems (Debt, Lack of Money to Complete Payroll), Not "Hey Hi"
If Microsoft later comes up with some "Hey Hi" narrative, then immediately reject it
Stop Conflating Free Software With Slop Plagiarism and Time-wasting
Even decades ago people could use "compute" for lots of fuzzing, then file away false or unaudited reports using bots
What Security Means
Security does not mean asking Microsoft for permission
Microsoft May be Losing 10,000+ Workers This Month
Here's the quick math
BSN Senior School Leidschenveen is Shutting Down and What That Means to the European Patent Office (EPO)
Follow-up meeting with Site Manager VP1 on school matters
Gemini Links 01/07/2026: Keeping (Relatively) Cool plus Adventures in Solar, Camp Snap Cameras and XTEINK X4 Ereader Reviews
Links for the day
European Patent Office (EPO) Series: Different Strokes For Different Folks
Organisation operating in two parallel universes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 30, 2026
IRC logs for Tuesday, June 30, 2026
GNU/Linux Measured at 4.4% by statCounter, Even More by analytics.usa.gov
GNU/Linux has fared well