Carl Josefsson – Battistelli's Swedish Chef
As we saw in the last part, Battistelli's "reform" of the Boards of Appeal in 2016 raised a lot of unanswered questions, in particular concerning its effects on the independence of the Boards.
[PDF]
"It is very clear that Josefsson's appointment at the EPO was vetted by Battistelli and Kongstad and there is every reason to believe that they chose their man with great care."Josefsson's appointment was announced by the Administrative Council in December 2016 (warning: epo.org
link) and he took up his new job in March 2017.
Before moving to the EPO, Josefsson was a Senior Judge at the Svea Court of Appeal in Stockholm.
He also played a leading role in "Team UPC" as a member of the UPC Advisory Panel between 2013 and 2016. In this capacity he was involved in the preselection and training of UPC judges. (Warning: epo.org
link)
From the document at hand: [PDF]
It is very clear that Josefsson's appointment at the EPO was vetted by Battistelli and Kongstad and there is every reason to believe that they chose their man with great care.
"Nothing that has happened at the Boards of Appeal since then would call that assessment into question."It is worth recalling that Battistelli had ensured that Rule 12a of the EPC (warning: epo.org
link) was drafted to give himself a de facto veto over the appointment of the President of the Boards of Appeal:
The President of the Boards of Appeal shall be appointed by the Administrative Council on a joint proposal made by the Committee established under Rule 12c, paragraph 1, and the President of the European Patent Office.
"As a matter of fact, it is very clear that Josefsson’s performance to date has been very much to the satisfaction of his overlords on the Administrative Council."This can be gauged from the fact that his appointment - which was not due to expire at the end of February 2022 – has already been pre-emptively renewed for another five years.
The renewal was announced by the Administrative Council in December 2020. (Warning: epo.org
link)
This means that unless something unexpected happens, Josefsson intends to remain at the helm of the Boards of Appeal until at least the end of February 2027.
Since he took up his position at the EPO, Josefsson has given the distinct impression of being a "bought man" who knows what side his bread is buttered on.
However, a number of details which have emerged about his previous life in Sweden suggest that he wasn't always such a vapid conformist.
In the next part, we will present some interesting revelations about Josefsson's earlier career before he joined Team Battistelli at the EPO. ⬆