Bonum Certa Men Certa

“Dr Ernst Should be Forced by National Politicians to Step Down With Immediate Effect” After Battistelli's Latest EPO Scandals

The person who was supposed to 'boss' Battistelli but did nothing at all, just like Jesper Kongstad before him (sources told us he had effectively been fired by the Danish government)

Boards of Appeal President Carl Josefsson, EPO Vice President Raimund Lutz, Haar Mayor Gabriele Müller, Administrative Council Chairman Christoph Ernst
From left to right: Boards of Appeal President Carl Josefsson, EPO Vice President Raimund Lutz, Haar Mayor Gabriele Müller, Administrative Council Chairman Christoph Ernst



Summary: Further discussions about the horrible legacy of Battistelli and his protectors, who seem to be interested in a patent trolls-friendly patent system which devalues workers and consciously lowers the patent bar (at all costs, even violation of laws and constitutions)

THE EPO scandals will outlive Battistelli and continue under António Campinos. Don't expect "closure" within a week and a half; that same old jar of worms is still around and people occasionally open it. Battistelli is still bullying people, albeit mostly behind closed doors. Reader of ours, for example, keep telling us that Kluwer Patent Blog (which suffered many downtimes this week) has removed the PDF of the latest court decision. I've inquired/asked for an explanation, but have not received a response just yet (maybe they restored the whole blog from backup). Readers wonder if someone threatens to sue them like the EPO repeatedly threatened us. Why would the link suddenly break? Anyway, we'll leave further guessing aside until these matters are clarified. We previously received threats from a German broadcaster, forcing us to remove copies (even with subtitles) of a documentary/programme about the EPO's abuses. It's not impossible that a German court made a similar request. We're just guessing.



"In our humble assessment, someone (or many someones) should bring charges against this thug and attempt to prosecute him."Kluwer Patent Blog has meanwhile elaborated on the subject. "Kluwer Patent blogger" wrote about the "tarnished legacy of an EPO president," attributing in the corresponding tweet or at least mentioning Dr. Thorsten Bausch , who really looks forward to "brexistelli" at the end of this month. To quote:

Three weeks before the end of the presidency of Benoit Battistelli, the European Patent Office published the report ‘Modernising the EPO for excellence and sustainability’, a ‘summary of achievements resulting from the extensive modernisation reforms put in place’ during Battistelli’s term in office from 2010 to 2018. Concerns about quality, the independence of the Boards of Appeal, pending cases at the German Federal Constitutional Court and the endless social conflicts that have tarnished his term in office are downplayed or ignored in the report.

‘Unsubstantiated claims’, was the reaction of an EPO spokesperson to the open letter in which four leading German patent law firms expressed ‘great concern’ last week about the ‘overreaching desire for high productivity’. According to the firms, it will lead to a deterioration of the quality of the search and examination procedures and of patents granted by the EPO.

As World IP Review reported, the spokesperson said the EPO ‘takes feedback from all its users seriously’, but ‘surveys carried out by the EPO and independently, as well as an annual quality report, show that the high-quality levels for which the office is known continue to increase further.’ Moreover, ‘the “most important” German IP user associations (…) are “in general very positive about the projects and results of the office’, the spokesperson added.


Battistelli is about 70. Will he ever be held accountable? In our humble assessment, someone (or many someones) should bring charges against this thug and attempt to prosecute him. There are many victims, so maybe a collective/class action would be possible. We don't think that diplomatic immunity extends retroactively beyond one's term, but we may be wrong (lawyers would know this better). Battistelli has enough money to shell out, having just received another 600,000 euros from his so-called 'boss', Ernst.

There's meanwhile a new post from Märpel; the first comment has a correction (name mix-up again, like with Prunier), but here are Märpel's thoughts:



Märpel notes a little fact that was apparently forgotten in Mr. Bausch report. There was a good reason for the civil action: because a civil action was running, the Administrative Council could not reinstate Mr. Corcoran. As comments on the Kluwer patent blog point out: "The rotting fish stinks from the head."

Märpel also notes that AT-ILO made no mention of the facts listed by the Landgericht in their own decision. They didn't even mention that the EPO investigation unit themselves found that they could not assign the libel email found on the USB stick to Mr. Corcoran. Certainly, AT-ILO were informed of that report by the EPO investigation unit, yet they chose to do nothing. Mr. Petrović, your actions speak louder than words. AT-ILO prejudice is now clear.

But the court in Karlruhe is likely to notice Mr. Petrović actions. Are they going to be satisfied with a court which ignores the basic principles of justice, ignores the facts concerning Mr.Corcoran or is satisfied that President Battistelli can harass and dismiss staff representatives? The next public reading in Geneva is next week and will be just as scandalous. Quo usque tandem?


Corrupt officials bully a judge for 3.5 years. Guess who ends up in hospital... what has the EPO sunk to?

"Things would not improve if such a supine, feeble council remained fully in tact under Campinos."On Judge Corcoran, Dr. Bausch wrote: "He has been treated incredibly badly by the EPO President and the EPO‘s Administrative Council. Hope they will now turn around and repent. [...] Time to restore the rule of law at the EPO and to do justice to an innocent man who was unlawfully removed from his Board of Appeal Position. Bitte sprechen Sie mit Dr. Ernst darüber!"

"Dr Ernst should be forced by national Politicians to step down with immediate effect," replied an EPO insider, "don‘t you think so? He is responsible and failed to act properly in case Corcoran."

"The EPO does not need a President swap as the President brought a "swamp"; the entire EPO needs to be rebooted, both the Office and the Organisation."What good is an Administrative Council which does not actually administer and actively lies for Battistelli about patent quality, in essence trying to save face for him? Things would not improve if such a supine, feeble council remained fully in tact under Campinos. Heck, one of the national representatives (Croatia) is said to have had a sexual affair with a Vice-President (based on court hearings).

The EPO does not need a President swap as the President brought a "swamp"; the entire EPO needs to be rebooted, both the Office and the Organisation. See the photo op at the top where the Battistelli-'approved' new boss of Corcoran (approved like Campinos) stands next to the architect of Battistelli's web of abuses (Lutz) along with Ernst. A suitable caption would say "Battistelli's protectors".

Recent Techrights' Posts

Datamation, Where I Used to Publish Articles, Appears to Have Been Sold to TechnologyAdvice Only to Become a Slopfarm
I'd prefer to not associate with that site anymore
 
How Software Patents Were Viewed or Their General Status Changed Over Time
A rough summary
We Are Turning 19 in One Month, FSF Turns 40 in 3 Hours (CET)
For our anniversary next month we still have no concrete plans
Patent Docs (or PatentDocs) Learned the Wrong Lessons From the Death of TypePad
Had they gone ahead with an SSG, they'd become a lot more future-proof
USPTO Patent Bubble Already Imploding, After Decades of Artificial Inflation, Entire Offices Close for Good
we can deduce that financial pressures (lack of "demand" for monopolies) play a role
TikTok is Not Harmless (Being CheeTok in the US Will Advance Orange Agenda)
Social control media isn't "fun and games"; it's a digital weapon that lets hostile groups or nations infiltrate others, then turn them against themselves
Andy Farnell and Helen Plews Explain What "Modern" Tech Does to Old People
Imposing terrible tech "religion" on people is not helping them
Tomorrow the Free Software Foundation (FSF) Turns 40 and Its Web Site is Still Slow Due to DDoS by LLM Slop Bots
For an advocacy group, uptime is important (for its message to remain accessible)
Slopwatch: Google News as a Firehose of LLM Slop About "Linux"
Google News is really bad
Links 03/10/2025: "NPR’s Economics Lessons Come With Neoliberal Spin" and Canada Post at Risk
Links for the day
Gemini Links 03/10/2025: Panic Attacks and Food Adulteration
Links for the day
Links 03/10/2025: Lawyers Caught Using LLM Slop Explain Why They Did It, LibreSSL 4.1.1 and 4.0.1 Released
Links for the day
FSF Board Grew 50% Since Last Year, Has New President, Turns 40 in Two Days
It's a good move for the FSF and - by extension - for software freedom
Links 03/10/2025: Conflicts, Death of TypePad, and TikTok/CheeTok Gives a Boost to Far Right Groups in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 02, 2025
IRC logs for Thursday, October 02, 2025
Slopwatch: Linux Journal, Google News, and LinuxSecurity
They carry on polluting the Web with fake articles
Gemini Links 02/10/2025: Kubernetes With FreeBSD and robots.txt
Links for the day
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
For the Second Time in a Few Weeks Microsoft Lunduke Makes False Accusations Against Senior Red Hat Staff to Incite a Despicable 'Troll Army'
Nothing that Microsoft Lunduke claims of says can be trusted
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day
Slopwatch: Plagiarism, Fake Articles, and FUD About Linux
not a day goes by without Google News feeding FUD from slopfarms
Gemini Links 01/10/2025: Chat Control and End of Life
Links for the day
Links 01/10/2025: Long Covid Risk Reiterated, "Bitcoin Queen" Caught
Links for the day
Links 01/10/2025: EA $55 Billion Deal is Debt and Slop "Raises Vishing Risks"
Links for the day
Bluewashing at Red Hat Means Redundancies
The man who sold Red Hat to IBM meanwhile became a Microsoft Mono booster
After Killing OpenSource.com, IBM ('Red Hat') and OSI Told Us OpenSource.net Would Replace It (But That Didn't Happen)
Now it's time to move on, perhaps tarnishing the "Open Source" label some more (for whatever sponsor wants this)
Linux is Not a Community Project, It's a Wall Street Product
The core goal should be freedom
Bad Actors Abusing the Free Software Community, Vandalising It Using Rogue Politics and Old Tactics
Oil giants have long attempted to do this; now, the digital equivalent of Big Oil does this in technology
Social Control Media Isn't the Future, The Federation or Fediverse Isn't Growing, People's Accounts Vanish for Good
users' accounts will get deleted, not just become inactive
IBM is Failing, This Helps Show Wall Street is Entirely Detached From Actual Commercial Performance
IBM is unable to grow, it's just constantly shrinking
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 30, 2025
IRC logs for Tuesday, September 30, 2025
Clerical Aspects of Publishing and Development
In Free software, the management aspects are considerably reduced
Slopwatch: Fake Articles and Google News Promoting "Linux" Spam or Bot-Generated Fear, Uncertainty, Doubt (FUD)
These slopfarms help misplace blame
Third Wave of Microsoft Layoffs in September, This Time Many in Liverpool Affected
Be ready for more waves of layoffs ahead of the so-called "results" in late October