11.20.17

Gemini version available ♊︎

Team Battistelli’s Attacks on the EPO Boards of Appeal Predate the Illegal Sanctions Against a Judge

Posted in Europe, Law, Patents at 4:39 am by Dr. Roy Schestowitz

A shocked Battistelli

Summary: A walk back along memory lane reveals that Battistelli has, all along, suppressed and marginalised DG3 members, in order to cement total control over the entire Organisation, not just the Office

LAST night we wrote about the EPO‘s latest attack on the boards, which have already been relegated to the ‘suburbs’ of Munich (Haar). It’s like Battistelli does not want these boards to exist, or wishes to overburden them to the point where they become useless for assurance of patent quality (prior art search and the like). He cannot legally knock them out of existence because of the EPC, but the EPC does not say anything about punishing them relentlessly, so Battistelli will probably get away with it. Now that his departure is almost imminent it’s ever more unlikely that he’ll lose his immunity and himself be subjected to disciplinary actions. 6 weeks from now he and Bergot will officially put the axe to long-term contracts. In other words, 6 months before he’s gone he’s totally destroying any prospects of the EPO ever recovering or salvaging the talent it once had.

Disturbing. To say the least.

We very much doubt the press will cover our findings regarding the Haar ‘party’, which is a sad display of irony if not black comedy. The press repeatedly ignores important stories and developments, as recently as weeks ago. Even comments on the matter might not get through. Here’s yesterday’s report of censorship in IP Kat (or maybe slow moderation by Bristows, or perhaps approval only after a complaint about it). “Censorship is never good,” the comment said. And yes, it’s about the boards. It often seems as though these matters cannot be brought up at IP Kat anymore, as people’s names cannot safely be mentioned (this limits useful debate). Truths are now “personal attacks”. To quote the comment at hand:

Why has my comment relating to recent case re entitlement of priority at the EPO not been accepted?

Is it because I mentioned the plea of a well known specialist about the fact that the EPO should only looking whether there is identity of invention?

I considered my comment as showing that the problem is not a specific one of British courts. No more, no less.

Censorship is never good.

We have meanwhile dug some archives and found the following letter from 3 years ago. We believe it demonstrates how, even before the ‘house ban’ of a judge (Battistelli broke the rules), the boards had come under attacks from Battistelli. This is for readers to judge:

DG3 nominees

Dear Mr Battistelli,

On 12.08.2014 you informed staff of your decision to reduce the “administrative tasks“ performed by the members of the Boards of Appeal and of the Enlarged Board of Appeal. The administrative tasks concerned are the participation in selection boards for procedures external to DG3 and in the work of other bodies under the Service Regulations. In practice, this decision heavily affects nominations in selection boards and in the Disciplinary Committee, where the staff representation used to rely on colleagues from DG3 to provide some independence in those procedures in the past.

As to the reasons, you referred to “possible consequences resulting from the discussion” on the interlocutory decision R 19/12 by the Enlarged Board of Appeal.

As we understand it, the Enlarged Board decided in decision R 19/12 that the obligation imposed on the Vice-President DG3 (VP3), when acting as a high-ranking officer directly under the President, to consider and support efficiency and productivity goals to be reached by the Office may conflict with his duty, when acting as a member of the Enlarged Board of Appeal, to review decisions of the Boards of Appeal as an independent judge and, in so-doing, to contribute to the development of the case law as regards the protection of the procedural rights of the parties. In other words, the Enlarged Board saw in decision R 19/12 a potential conflict of interest between VP3′s managerial and judicial responsibilities.

We do not see such a general potential conflict in the involvement of DG3 members in selection boards, in the Disciplinary Committee or in other bodies under the Service Regulations, essentially because DG3 members have no managerial responsibilities in other DGs.

We therefore respectfully ask to be informed why you consider decision R 19/12 to be relevant to their involvement in those tasks.

We further respectfully ask to be informed why you considered that the obligation to consult the General Consultative Committee in accordance with Article 38 ServRegs did not apply to your decision.

As we now know, this Disciplinary Committee became a farce around that time. Grant Philpott, a thin-skinned advocate of software patents with background in the British Army, was Chairman of the notorious Disciplinary Committee (which ILO deemed to be unsuitably composed months after its union-busting activities had ‘decapitated’ SUEPO).

Those who pretend that the boards were “asking for it” or deserved punishment engage in artistic revisionism of history. Battistelli never wanted them. He wanted to destroy them, having already destroyed several other auditory jobs.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. [Meme] Meanwhile in Austria...

    With lobbyists-led leadership one might be led to believe that a treaty strictly requiring ratification by the UK is somehow feasible (even if technically and legally it's moot already)



  2. The EPO's Web Site is a Parade of Endless Lies and Celebration of Gross Violations of the Law

    The EPO's noise site (formerly it had a "news" section, but it has not been honest for about a decade) is a torrent of lies, cover-up, and promotion of crimes; maybe the lies are obvious for everybody to see (at least EPO insiders), but nevertheless a rebuttal seems necessary



  3. The Letter EPO Management Does Not Want Applicants to See (or Respond to)

    A letter from the Munich Staff Committee at the EPO highlights the worrying extent of neglect of patent quality under Benoît Battistelli and António Campinos; the management of the EPO did not even bother replying to that letter (instead it was busy outsourcing the EPO to Microsoft)



  4. IRC Proceedings: Saturday, December 04, 2021

    IRC logs for Saturday, December 04, 2021



  5. EPO-Bribed IAM 'Media' Has Praised Quality, Which Even EPO Staff (Examiners) Does Not Praise

    It's easy to see something is terribly wrong when the people who do the actual work do not agree with the media's praise of their work (a praise motivated by a nefarious, alternate agenda)



  6. Tux Machines is 17.5 Years Old Today

    Tux Machines -- our 'sister site' for GNU/Linux news -- started in 2004. We're soon entering 2022.



  7. Approaching 100

    We'll soon have 100 files in Git; if that matters at all...



  8. Improving Gemini by Posting IRC Logs (and Scrollback) as GemText

    Our adoption of Gemini and of GemText increases; with nearly 100,000 page requests in the first 3 days of Decembe (over gemini://) it’s clear that the growing potential of the protocol is realised, hence the rapid growth too; Gemini is great for self-hosting, which is in turn essential when publishing suppressed and controversial information (subject to censorship through blackmail and other ‘creative’ means)



  9. Links 4/12/2021: IPFire 2.27 Core Update 162 and Genode OS Framework 21.11

    Links for the day



  10. Links 4/12/2021: Gedit Plans and More

    Links for the day



  11. Links 4/12/2021: Turnip Becomes Vulkan 1.1 Conformant

    Links for the day



  12. IRC Proceedings: Friday, December 03, 2021

    IRC logs for Friday, December 03, 2021



  13. Links 4/12/2021: EndeavourOS Atlantis, Krita 5.0.0 Beta 5, Istio 1.11.5, and Wine 6.23; International Day Against DRM (IDAD) on December 10th

    Links for the day



  14. Another Gemini Milestone: 1,500 Active Capsules

    This page from Balázs Botond plots a graph, based on these statistics that now (as of minutes ago) say: “We successfully connected recently to 1500 of them.” Less than a fortnight ago more than 1,800 capsules overall were registered by Lupa, almost quadrupling in a single year



  15. [Meme] António Campinos and Socialist Posturing

    Staff of the EPO isn’t as gullible as António Campinos needs it to be



  16. António Campinos as EPO President is Considered Worse Than Benoît Battistelli (in Some Regards) After 3.5 Years in Europe's Second-Largest Institution

    The EPO's demise at the hands of people who don't understand patents and don't care what the EPO exists for is a real crisis which European media is unwilling to even speak about; today we share some internal publications and comment on them



  17. Media Coverage for Sale

    Today we're highlighting a couple of new examples (there are many other examples which can be found any day of the year) demonstrating that the World Wide Web is like a corporate spamfarm in "news" clothing



  18. Links 3/12/2021: GNU Poke 1.4 and KDDockWidgets 1.5.0

    Links for the day



  19. IRC Proceedings: Thursday, December 02, 2021

    IRC logs for Thursday, December 02, 2021



  20. Links 3/12/2021: Nitrux 1.7.1 and Xen 4.16 Released

    Links for the day



  21. Links 2/12/2021: OpenSUSE Leap 15.4 Alpha, Qt Creator 6

    Links for the day



  22. The EPO's “Gender Awareness Report”

    There’s a new document with remarks by the EPO’s staff representatives and it concerns opportunities for women at the EPO — a longstanding issue



  23. IRC Proceedings: Wednesday, December 01, 2021

    IRC logs for Wednesday, December 01, 2021



  24. EPO Staff Committee Compares the Tactics of António Campinos to Benoît Battistelli's

    The Central Staff Committee (CSC) of the EPO talks about EPO President António Campinos, arguing that “he seems to subscribe to the Manichean view, introduced by Mr Battistelli…”



  25. Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

    The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all still the same



  26. Links 1/12/2021: LibrePlanet CFS Extended to December 15th and DB Comparer for PostgreSQL Reaches 5.0

    Links for the day



  27. EPO Cannot and Will Not Self-Regulate

    The term financialisation helps describe some of the activities of the EPO in recent years; see Wikipedia on financialisation below



  28. [Meme] Germany's Licence to Break the Law

    Remember that the young Campinos asked dad for his immunity after he had gotten drunk and crashed the car; maybe the EPO should stop giving diplomatic immunity to people, seeing what criminals (e.g. Benoît Battistelli) this attracts; the German government is destroying its image (and the EU’s) by fostering such corruption, wrongly believing that it’s worth it because of Eurozone domination for patents/litigation



  29. EPO Dislikes Science and Scientists

    The EPO's management has become like a corrupt political party with blind faith in money and monopolies (or monopoly money); it has lost sight of its original goals and at this moment it serves to exacerbate an awful pandemic, as the video above explains



  30. Links 1/12/2021: LibreOffice 7.3 Beta, Krita 5.0, Julia 1.7

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts