05.13.21

Gemini version available ♊︎

The EPO’s War on Justice and Assault on the Law — Part 5: Battistelli’s “Swedish Chef”

Posted in Europe, Law, Patents at 11:46 pm by Dr. Roy Schestowitz

Previously in this series:

The “Swedish Chef” Carl Josefsson
Carl Josefsson – Battistelli‘s Swedish Chef

Summary: The EPO‘s ‘courts’ are controlled by the people whom they’re supposed to judge on; this has been the case for at least half a decade

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.

The members of the Boards were upset and protested about their impending deportation to Haar. Here’s a concisely-put reminder from AMBA: [PDF]

AMBA - Resolution on Haar

But there was one lucky beneficiary of this dubious “legal fudge”, Carl Josefsson, who had the honour of being the first appointee to the newly created position of “President of the Boards of Appeal”.

“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]

Sweden UPC 2016

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.

For this reason it is apparent that Josefsson could not have secured the position as President of the Boards of Appeal without Battistelli’s endorsement.

Already back in 2019 it was reported that Josefsson was reckoned by EPO insiders to be a “safe pair of hands” who did his best to please his political masters and someone who could be counted upon to do his best to avoid “upsetting the apple cart”.

Nothing that has happened at the Boards of Appeal since then would call that assessment into question.

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.

“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.

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. EPO.org (Official EPO Site) Continues to Promote Illegal Agenda and Exploit Ukraine for PR Stunts That Help Unaccountable Crooks

    epo.org has been turned into a non-stop propaganda machine of Benoît Battistelli and António Campinos because the EPO routinely breaks the law; it’s rather tasteless that while Ukrainians are dying the EPO’s mob exploits Ukraine for PR purposes



  2. [Meme] EPO Applicants Unwittingly Fund the War on Ukraine

    As we’ve just shown, António Campinos is desperately trying to hide a massive EPO scandal



  3. EPO Virtue-Signalling on the Ukrainian Front

    António Campinos persists in attention-shifting dross and photo ops; none of that can change the verifiable facts about the EPO’s connections to Lukashenko’s 'science park' in Minsk



  4. Links 19/05/2022: PostgreSQL 15 Beta 1 and Plasma 5.25 Beta

    Links for the day



  5. A Libera.Chat Anniversary and Happy Birthday (Maybe the Last) to 'Leenode'

    What became known as the so-called ‘Leenode’ is a cautionary tale, but maybe it is also a blessing in disguise because IRC as a whole seem to have become a lot more decentralised (as everything should be)



  6. Links 19/05/2022: The Gradual Fall of Netflix/DRM

    Links for the day



  7. IRC Proceedings: Wednesday, May 18, 2022

    IRC logs for Wednesday, May 18, 2022



  8. Links 18/05/2022: Qt Company Loses Chief; OpenSUSE Leap Micro 5.2 and RHEL 9 Final

    Links for the day



  9. Jim Zemlin's Wife is Funded by Puppies (Microsoft)

    Jim Zemlin — like his wife — is bagging millions from Microsoft, but that’s clearly a conflict of interest for the Linux Foundation



  10. Links 18/05/2022: More Defections From WordPress to Gemini

    Links for the day



  11. Links 18/05/2022: PikaScript and cURL's Annual User Survey

    Links for the day



  12. IRC Proceedings: Tuesday, May 17, 2022

    IRC logs for Tuesday, May 17, 2022



  13. Phoronix: Microsoft and Phoronix Sponsor (and Close Microsoft Partner) AMD All Over the Place

    When you’re taking massive 'gifts' from AMD (and also some from Microsoft) maybe it’s not surprising that editorial decisions change somewhat…



  14. EPO Has No F-ing Oversight

    Earlier today SUEPO mentioned this new article demonstrating that EPO President António Campinos can very obviously and blatantly violate the Code of Conduct of the Office without facing any consequences; there are translations too, so the report is now available in four languages



  15. [Meme] Linux-Rejecting Foundation

    The Linux Foundation never really leads by example; by default, it uses proprietary software



  16. Linux Foundation Almost Never uses Open Source

    The Linux Foundation uses proprietary software (look where they hire and take money from) and be sure they're probably not even aware of it



  17. Links 17/05/2022: Many More Games on GNU/Linux, YaST Development Report

    Links for the day



  18. Links 17/05/2022: Rocky Linux 8.6 and Budgie Desktop in Fedora

    Links for the day



  19. Patent Examiners Rising Up Against EPO Abuse

    Unhappy with the law-breaking autocracy (the EPO‘s management breaks the law as a matter of routine), fast-deteriorating working conditions and rapidly-decreasing quality of work (or lack of compliance with the law), workers have escalated further, topping off strikes and industrial actions with a large-scale petition



  20. [Meme] What Managers (Really) Mean by Acting Professionally

    The myth of 'professionalism' needs to die along with the façade of conformity as prerequisite for employment (Linus Torvalds can work just fine in a bathrobe in his own home)



  21. Internal Poll: 93% of European Patent Office (EPO) Workers Are Unhappy With the EPO

    On top of strike/s and industrial action/s there are now also petitions; at the EPO, almost all staff is "disgruntled" because of utterly corrupt and defunct leadership



  22. Links 17/05/2022: OpenSUSE Leap 15.4 Release Candidate

    Links for the day



  23. IRC Proceedings: Monday, May 16, 2022

    IRC logs for Monday, May 16, 2022



  24. Links 16/05/2022: FreeBSD 13.1 and Inkscape 1.2 Released

    Links for the day



  25. Archiving Latest Posts in Geminispace (Like a Dated Web Directory But for Gemini)

    Earlier today we saw several more people crossing over from the World Wide Web to Gemini; we're trying to make a decent aggregator and archive for the rapidly-expanding Geminispace, which will soon have 2,500 capsules that are known to Lupa alone



  26. Microsoft Vidal Does Not Want to Listen (USPTO is Just for Megacorporations)

    Microsoft Vidal knows her real bosses. They’re international corporations (multinationals like Microsoft), not American people.



  27. Links 16/05/2022: China Advances on GNU/Linux and Maui 2.1.2 is Out

    Links for the day



  28. Jim Zemlin: Chief Revenue Officer in 'Linux' Seat-Selling Foundation

    Board seats in the Linux Foundation are basically a product on sale, based internal documents



  29. Reminder: Linux Foundation's Last IRS Filing is Very Old (Same Year the CFO Left)

    People really need to ask the Linux Foundation, directly, why its filings are years behind; this seems like a sensitive subject



  30. Linux Foundation Does Not Speak for GNU/Linux Users

    There's a serious problem in the "Linux" world as the so-called 'Linux' Foundation claims to speak for us (the GNU/Linux community) while in fact speaking against us (on the payroll of those looking to extinguish us)


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