05.21.21

Gemini version available ♊︎

The EPO’s War on Justice and Assault on the Law — Part 15: The EBA Letter of 8 December 2014

Posted in Europe, Patents at 1:04 am by Dr. Roy Schestowitz

Previously in this series:

EPO IU Surveillance
Internal documents show that the EPO‘s Investigative Unit was active in monitoring “TechRights” and its IRC Channels in the hope of identifying “leakers”.

Summary: The illegal surveillance by Europe’s second-largest institution was a culmination of dictatorial despotism by the institution entrusted to grant patents correctly while respecting the independence of judges

It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair…

“In the middle of an ongoing social conflict that had been festering since at least 2012, the suspension of a Board of Appeal member by the EPO President, under the guise of a “house ban”, generated enormous disquiet, not only among bloggers, attorneys and EPO staff union officials, but also within the Enlarged Board of Appeal itself.”Readers may recall that back in December 2014 the EPO was in a dreadful state of turmoil.

In the middle of an ongoing social conflict that had been festering since at least 2012, the suspension of a Board of Appeal member by the EPO President, under the guise of a “house ban”, generated enormous disquiet, not only among bloggers, attorneys and EPO staff union officials, but also within the Enlarged Board of Appeal itself.

As a matter of fact, the members of the Enlarged Board were so incensed by Benoît Battistelli‘s actions that they sent a letter of complaint to the governing body of the EPO, the Administrative Council.

“Never before had an internal dispute of this kind spilled out into the public domain with such vehemence.”As IPKat correctly noted, this was an extraordinary event which was unprecedented in the 40 year history of the EPO. Never before had an internal dispute of this kind spilled out into the public domain with such vehemence.

The letter of 8 December 2014 from the Enlarged Board protested that Battistelli’s “house ban” amounted to a suspension which was not lawfully imposed.

According to the Enlarged Board, neither the President nor his Investigative Unit had the required authority to suspend a Board member. It was also noted that the computer belonging to the Board member was confiscated, thereby potentially giving office staff unauthorised access to confidential information about ongoing appeal cases.

“It was also noted that the computer belonging to the Board member was confiscated, thereby potentially giving office staff unauthorised access to confidential information about ongoing appeal cases.”The Enlarged Board summarised its concerns in the following terms:

“The actions of the investigation unit on the orders of the President also appear to be a clear challenge to the judicial independence of the Boards of Appeal.”

The Administrative Council was urged to take action to bring Mr Battistelli into line:

“What is needed is a clear limitation on the executive power, as far as the Boards of Appeal are concerned, in situations like the present, so as to avoid any impression of undue influence on their judicial work, contrary to the independence requirements of Article 6 of the European Convention on human rights.”

Shortly afterwards, the Enlarged Board’s letter of protest was endorsed by no less than eight external members from the national judiciaries of the EPO’s contracting states.

  • United Kingdom: Justice Christopher Floyd, Lord Justice of Appeal.
  • Netherlands: Robert van Peursem, Advocate General to the Supreme Court.
  • Sweden: Per Carlson, President of the Market Court.
  • Switzerland: Katherine Klett, Swiss Federal Supreme Court.
  • Cyprus: Stelios Nathaniel, Supreme Court of Cyprus.
  • Denmark: Henrik Rothe, Chief Justice the Maritime & Commercial High Court.
  • Romania: Octvia Spineanu-Matei, High Court of Cassation and Justice.
  • Finland: Ari Wiren, District Court of Helsinki.

The dramatic and unprecedented events of December 2014 were widely covered on various IP news channels.

“The dramatic and unprecedented events of December 2014 were widely covered on various IP news channels.”In the midst of this turmoil, some members of the Enlarged Board leaked copies of the letter of 8 December 2014 to IP Kat and Techrights in an attempt to gain publicity for their protest and draw attention to Battistelli’s outrageous and unprecedented encroachment on judicial independence at the EPO.

Shortly afterwards – presumably under pressure from “Team Battistelli” – IPKat removed the link on its website to the copy of the letter which it had received

However, the original document can still be viewed online on Techrights.

The leaking of this document was not without risk for the Enlarged Board members involved.

It was subsequently revealed in June 2015 that, at the time in question, the EPO’s Investigative Unit had been unlawfully using covert surveillance measures against perceived “internal enemies” of the Battistelli régime.

In fact, it is known that Battistelli’s IU invested a significant amount of effort into monitoring "TechRights" and its IRC channels in the hope of gathering information that would assist in identifying the so-called “leakers”.

Internal documents indicate that EPO management was in a state of “blue funk” when it realised that “[P]eople appear to be flocking to Schestowitz’ cause”.

According to the EPO’s internal "Stasi": “People that were clearly not in contact with him [i.e. Schestowitz] before appear to be mailing him now.”

“As far as the letter itself is concerned, it can be seen that there are 35 signatures appended at the end.”As it turns out, none of the Enlarged Board members involved in leaking the letter of 8 December 2014 were ever apprehended by Battistelli and his goons.

As far as the letter itself is concerned, it can be seen that there are 35 signatures appended at the end.

At first glance it might appear that the letter was unanimously approved and signed by all members of the Enlarged Board.

However, the fact of the matter is that two members did not sign the letter.

In the next part we shall consider the potential implications of these “missing signatures” for case no. G 1 /21.

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] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  2. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  3. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  4. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  5. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  6. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  7. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations



  8. Links 25/10/2021: New Slackware64-current and a Look at Ubuntu Budgie

    Links for the day



  9. Links 25/10/2021: pg_statement_rollback 1.3 and Lots of Patent Catchup

    Links for the day



  10. Microsoft GitHub Exposé — Part III — A Story of Plagiarism and Likely Securities Fraud

    Today we tread slowly and take another step ahead, revealing the nature of only some among many problems that GitHub and Microsoft are hiding from the general public (to the point of spiking media reports)



  11. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  12. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  13. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day



  14. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  15. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO



  16. Links 24/10/2021: GPS Daemon (GPSD) Bug and Lots of Openwashing

    Links for the day



  17. Links 24/10/2021: XWayland 21.1.3 and Ubuntu Linux 22.04 LTS Daily Build

    Links for the day



  18. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  19. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  20. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  21. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  22. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  23. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  24. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  25. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  26. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  27. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  28. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  29. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli



  30. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group

    The EPO‘s unlawful “Strike Regulations” (which helped Benoît Battistelli and António Campinos illegally crush or repress EPO staff) were supported by only one among 4 Visegrád delegates


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