Bonum Certa Men Certa

EPO Staff: Mr. Battistelli is Causing Immeasurable Damage to the Office; He is Now Untenable

Summary: A letter of appeal for delegations (of the Administrative Council) to fire Battistelli this week, and to generally put an end to his terrible regime, then undo all the damage caused by him and his friends

THE following letter is currently being disseminated ahead of tomorrow's meeting and tomorrow's staff protest. We decided to publish it because it does a good job at explaining how severe the problem has become.



Open letter - by email to the Heads of Delegation

Copies to: Competent Ministries of the Member States

13 December 2016

EPO-FLIER team epoflier@runbox.com

Request to the Delegations of the Administrative Council to take firm action

Dear Heads and Members of the Delegations to the Administrative Council of the European Patent Organisation, dear Chairman,

Most EPO staff welcomed the constructive interventions of numerous delegations during the last Administrative Council (AC) meeting1 and their expressed will to apply the Council's March resolution2. Staff also recognises the attempts of some high ranking national politicians of major contracting states3,4 to convince the President to accept the AC's resolution. But the crisis caused by the current Administration has not been resolved:

The dismissal of Laurent Prunier, which violates the resolution, was commented by IAM as follows: “The impression given by recent events is not one of firm, balanced management, but of management by intimidation. That is no way to run a patent office.”5

ILO judgment 3785 confirmed that EPO staff is currently left without a functioning first instance for fair legal redress6,7,8 and, due to several dismissals of and continued attacks on Staff Committee members, without any meaningful staff representation. Staff members under pressure from the HR department or their line manager are left without help. The situation can (again) become untenable for individual staff members (including suicide risk9). We are told that other elected staff representatives (i.e. SUEPO officials) are soon to be sanctioned and possibly fired.

The President's proposal CA/106/16 to revise Article 36(2)(a) Serv Regs in reaction to ILO judgment 3785 shows once more Mr Battistelli's disrespect for the law and the rights of citizens working for the EPO: “Battistelli's response to the ILO's damning decision is to simply change the EPO's rules to formally give him the power to do exactly what he was being criticized over.”10 It is clear, however, that the judgment gives guidance on the principles of an internal appeals committee. Any solution that Mr Battistelli proposes must be true to those principles, and notably, include the nomination of members by the Staff Committee, without which, according to the ILO-AT, “it is not an appeals committee.”

Moving now to DG311, the President's interference with the Boards of Appeal has been commented as follows:

"I am afraid (and very sorry) to say that even among the EPO’s top officials, the principle of the Rule of Law does not seem to be respected very much. Where are you, Administrative Council?"12


The president's disrespect for the rights of others extends to the rights and legitimate expectations of the users of the patent system. As we pointed out earlier, management by intimidation leads to negative effects on the legal validity of granted European patents.13 While, according to the recent PWC study, 80 % of the personnel want to contribute to a successful mission of the EPO, which is to foster innovation, competitiveness and economic growth all over Europe by providing high quality services based on the European Patent Convention, are only 25 % of the opinion that the strategic objectives of the Office support this mission.1 Many of our colleagues share the concerns expressed by the CSC during the last Council meeting: “We want to know where we are going, and whether the EPO is still an employer worth working for.”1

Concerned observers have started realising that it is futile to hope that Mr Battistelli might change his attitude.14 Several national MPs4,15,16,17, senators18,19 and MEPs20 have (repeatedly) reminded (their) governments of their duty of care. Some of them take the view that Mr Battistelli needs to go before the situation can improve.4,14,17 A debate in the Dutch parliament is preparation.15 We urge the Delegations to accept their responsibility for the current situation and to take firm action so that the Office can return to being a place where motivated staff contribute to the success of Europe.

We therefore reiterate the request of our June 2016 open letter13: It is time for the Members of the AC to act: Mr Battistelli is causing immeasurable damage to the Office; he is now untenable.

Trust in the European patent system has been seriously eroded. Before trust can be rebuilt, the architect of the crisis in which the office finds itself needs to be removed, or alternatively, to be suspended until the end of his term.

“Il n'est plus raisonnable d'attendre.”15

With our best regards,

The EPO-FLIER team

a group of concerned staff of the EPO who wish to remain anonymous due to the prevailing harsh social climate and absence of rule of law at the European Patent Office




1 Central Staff Committee (CSC) report about the 149 th meeting of the AC (sc16207cp) http://techrights.org/wp-content/uploads/2016/11/Minutes-of-October-2016-AC.pdf 2 http://www.epo.org/about-us/organisation/communiques.html#a23 3 https://www.nrc.nl/nieuws/2016/03/16/president-europees-octrooibureau-stapt-boos-op-bij-staatssecretaris-van-dam-a1408569 4 Secretary of state Christophe Sirugue's response to Philip Cordéry's question: “Nous continuons bien évidemment à faire pression, avec d’autres, pour que soient entendues les causes que je crois justes des salariés que vous avez évoqués. Je dois reconnaître que nous manquons d’alliés dans ce dossier, mais soyez sûrs de notre détermination à faire respecter les droits des salariés !” http://philipcordery.fr/2016/11/question-gouvernement-situation-sociale-a-loffice-europeen-brevets/ 5 EPO users and staff need the Administrative Council to get a grip on current events http://www.iam-media.com/Blog/Detail.aspx?g=85178c62-24df-403f-990d-f3f5f5c4ce51 6 http://www.ilo.org/dyn/triblex/triblexmain.detail?p_judgment_no=3785 7 http://www.ip-watch.org/2016/12/01/ilo-decisions-said-confirm-epo-staff-lack-fair-legal-system/ 8 http://www.worldipreview.com/news/un-agency-sets-aside-two-epo-decisions-criticises-administrative-council-12687 9 http://www.politico.eu/article/labor-relations-turn-toxic-in-the-european-patent-office/ 10 http://www.theregister.co.uk/2016/12/08/battistelli_to_fix_epo_by_getting_more_power/ 11 Proposal CA/82/16, concerning the removal of DG3 to Haar, is likely to create problems rather than solving any: https://ipkitten.blogspot.nl/2016/11/time-for-haar-cut-please-do-not.html 12 The Rule of Law (Rechtsstaat) is Endangered and Needs to be Defended! http://kluwerpatentblog.com/2016/11/07/rule-law-rechtsstaat-endangered-needs-defended/ 13 https://regmedia.co.uk/2016/06/22/epo-open-letter.pdf 14 https://ipkitten.blogspot.fr/2016/11/firings-will-continue-until-morale.html 15 Jean-Yves LECONTE, Situation à l’Office Européen des Brevets : il n’est plus raisonnable d’attendre http://www.jyleconte.fr/ (Archives, October 2016) 16 http://kluwerpatentblog.com/2016/11/19/debate-in-dutch-parliament-about-deteriorating-social-climate-at-european-patent-office/ 17 https://susann-biedefeld.de/meldungen/mdl-susann-biedefeld-kritisiert-verhalten-des-europaeischen-patentamts-gegenueber-arbeitnehmerinnnen-und-arbeitnehmern-aufs-schaerfste/ 18 http://claudinelepage.eu/?p=16041 (Archives, November 2016, February 2016), English translations: https://suepo.org/public/ex16124cpe.pdf, https://www.suepo.org/documents/42509/53610.pdf 19 http://www.richardyung.fr/francais-de-l-etranger/questions-au-gouvernement-francais-etranger-cote-circonscription/4149-degradation-du-climat-social-au-sein-de-loffice-europeen-des-brevets.html 20 http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+WQ+E-2016-007090+0+DOC+XML+V0//EN


We are happy to receive any more information like the above.

Recent Techrights' Posts

Links 03/05/2026: Insolvent US Bailing Out Google, Microsoft, Amazon, Nvidia, Oracle, OpenAI, and SpaceX
Links for the day
 
KDE's Cornelius Schumacher Explains Why You Should be Slop-Free
Output is not measured by quantity of words
The Real News is Botnets (e.g. Windows With Back Doors), Not Iran
Let's focus on the botnets [...] Microsoft's aim is the opposite of security
SLAPP Censorship - Part 66 Out of 200: Alex Graveley Did Illegal Things, Then Asserted Mentioning Those Illegal Things is Privacy Violation
Alex Graveley "has suffered damage and distress" when the public found out he told women to kill themselves
The Corrupt Lecture the Non-Corrupt - Part XII - Outsourcing Everything to Microsoft, Which is Illegal
Today's EPO isn't about technology or law
Melissa Chan on Why Press Freedom Matters to Everyone, Not Just Journalists
dispelling a myth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 03, 2026
IRC logs for Sunday, May 03, 2026
Gemini Links 04/05/2026: Another Old Web Pillar Gone and Simple Lobsters Mirror for Gemini
Links for the day
SLAPP Censorship - Part 65 Out of 200: Graveley and Garrett Claims Are Word-by-Word Similar (They Also Collaborated All Along)
We'll keep it short today
IBM Has a Long and Rich History of Showing Chatbots Bear No Business Prospects (From Jeopardy to Watson Healthcare and McDonalds)
Watson Healthcare is already in the dustpan, so they are rebranding it again
Europe Decoupling is Bad News for GAFAM, Especially Bad to Microsoft
Countries want independence
India Needs to Recognise That the World Wide Web is Monoculture in India
In the US, a judge with Indian roots dealt with a case related to this; why won't India?
All-Time Lows for Windows Down Under
seeing the demise of Windows in Australia (historically a slow or low adopter of GNU/Linux) is good news
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
IBM's Kyndryl Accounting Fraud Explained and More Recently the Insiders Talk About Mass Layoffs
Judging by how the media totally ignored 800+ layoffs at IBM's Confluent and 400+ layoffs at Red Hat a few weeks ago don't expect to hear anything about Kyndryl layoffs
Links 03/05/2026: Water Shortages Crises and Slop Fakes "Are Coming for Your Bank Account" (Slop-Enabled Fraud)
Links for the day
All-Time Lows for Windows in Spain and Portugal
data which became publicly available less than 24 hours ago in statCounter
The Corrupt Lecture the Non-Corrupt - Part XI - EPO 'Products' to Cement Asian and American Monopolies
Only a fool would believe Lame Duck Campinos
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026
Gemini Links 02/05/2026: Strange Psychosis and TUIs
Links for the day
Links 02/05/2026: Microsoft Has Begun Rebranding Vista 11 as 'XBox' (Because the Console is Dying), Slop Rejected by Oscars
Links for the day
IBM's CEO 10 Years Ago in IBM-Sponsored Forbes: "For those willing to embrace [blockchains], the future will indeed be bright."
How well did this prediction materialise?
SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026