Bonum Certa Men Certa

EPO Central Staff Committee Points Out to Benoît Battistelli That He is in Gross Violation and Contempt of the Founding Document/Treaty of the EPO

The European Patent Convention (EPC) is routinely being trampled on by Team Battistelli, so what do they care amidst an organisational coup?

Battistelli and Kongstad



Summary: The staff representatives of the EPO, i.e. those doing all the hard work, "advise against giving any impression that the EPC may be disregarded without consequence."

THE following open letter was circulated earlier this week and we wish to reproduce it below. This is not the first time Battistelli breaks the rules (including his own rules) and gets away with it, just like a classic tyrant in a rogue institution/state.

European Patent Office | 80298 MUNICH | GERMANY Mr Benoît Battistelli President of the EPO

ISAR - R.1081

Date: 29.03.2017

OPEN LETTER



Subject: Replacement of one Vice-President by three Chief Operating Officers

Dear Mr Battistelli,

You are planning to merge DG1 with DG2-Patent Administration whereby for as yet undisclosed operational reasons you intend to appoint yourself three “Chief Operating Officers” (COOs, the so-called “Super-PDs”) to lead this enlarged DG1.

In the vacancy notice, it is stated that “[e]ach of the COOs will report directly to the President” and that the contract period will be for five years (renewable). We infer from this that firstly the COOs will not be under the authority of a Vice-President, and that secondly these arrangements are for the medium to long term (not transitory).

Consequently, you have now requested the CSC to nominate members to the Selection Boards for these three new Chief Operating Officer positions.

In the March Council meeting some delegations have already expressed their reservations about this new institutional set-up. For our part, we have reasons to believe that, at least for the moment, your plans are not in compliance with the European Patent Convention (and its Implementing Regulations):

1. The functions of the enlarged DG1 (and in particular the Receiving Section, the Search Divisions, the Examining Divisions and the Opposition Divisions) fall squarely within the ambit of Article 15 EPC.

2. According to Rule 9(1) EPC, the departments specified in Article 15 shall be assigned to a Directorate-General.

3. According to Rule 9(2) EPC, each Directorate-General shall be directed by a Vice-President.

4. According to Article 11(2) EPC, the Vice-President is appointed by the Council after consultation of the President of the Office.

Ergo, in accordance with the EPC, the functions of the future enlarged DG1 must remain in a Directorate-General under the leadership of a Vice-President appointed by the Council. The EPC does not allow the creation of COO posts to replace VP1.

In addition, we note that to date the procedure laid down in Article 1(1) of the Implementing Rules of Article 7 ServRegs has not been followed, and its deadlines have not been respected. If the Office wishes to follow a different procedure than that laid down, then the Codex must be changed first.

We respectfully submit that the Council ought to be alerted promptly, so that they can look for a new VP1 capable of taking up the considerable challenge of leading such an enlarged DG1 comprising more than 5000 staff members. In addition, we respectfully suggest that you coordinate your plans with the Council as soon as possible, to obtain a “green light” for your amended procedures.

Please let us know at your earliest convenience when this is done, so that we can then proceed with any necessary nomination. For abundant precaution, we must advise against giving any impression that the EPC may be disregarded without consequence. Such a sign could legitimately be used to question the validity of the EPO’s work.

Yours sincerely,

The Central Staff Committee

cc.: Council Secretariat cc.: Council delegations

We confirm that this letter was legitimately decided and produced by the Central Staff Committee1. __________ 1 Pursuant to Article 35(3) ServRegs, the Central Staff Committee shall consist of ten full and ten alternate members.

_________ The CSC presently consists of 8 full and 7 alternate members, because two have resigned in December 2014, one has been dismissed in January 2016 (against the recommendation of the Disciplinary Committee), one resigned as of October 2016, one has been further dismissed in November 2016 and one refused replacement of a full member since November 2016 and a further one since December 2014 against Article 7(3) of Circular 355.

Furthermore, one member of a LSC has been dismissed and a further full member of the CSC has been downgraded in January 2016 (against the recommendation of the Disciplinary Committee). In fact, the Office has launched investigations and disciplinary procedures against several other Staff representatives as well, affecting negatively their health.


None of the above surprises us. As someone put it some hours ago, “Battistelli is impervious to scandal, has full immunity and controls both the council and national politicians.” As we put it days ago, "Benoît Battistelli ‘Pulls an ErdoÄŸan’ Faster Than ErdoÄŸan."

Recent Techrights' Posts

Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
 
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026
IBM's Senior VP of Infrastructure is Out, Silent Layoffs Still Going On
Some people imagine the CEO will also "retire" very soon (and "ahead of time")
Gemini Links 09/09/2026: Mechanical Cameras, "Super App", and Prusa Issues
Links for the day
SLAPP Censorship - Part 177 Out of 200: Manosphere Without Financial Transparency
It has moreover replaced a female worker with a male
Deadline Tomorrow (10th of September) to Appeal the EPO's Fleecing of Staff (Union to Make Legal Challenges)
Join them. Fight the good fight.
linuxstans.com Died, Then Came Back as Slop (LLM Junk)
Don't make the mistake or the assumption that merely 'dabbling in' or 'experimenting with' LLMs can be forgivable as it is a trust destroyer
Links 09/09/2026: GAFAM Fatalities in Miami International Airport, "Britain’s Health Crisis Is Becoming a Political Crisis"
Links for the day
Gemini Links 09/09/2026: "Adjective Is Subjective" and Walled Gardens
Links for the day
Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026