Bonum Certa Men Certa

How the EPO's Executive Branch (Battistelli and Topić) Banned Scrutiny and Created Authoritarian Model of Control: Part X

Berlin views



Summary: A look at highly dubious moves by EPO President Battistelli and his right-hand man Topić, whose abuses are becoming hard to oversee or even report

EARLIER this month we asked European readers lodge complaints about EPO management that continues a long tradition of abuse. Some new sources have since come forward and provided us with more information about corruption, so this series will go on and on, lasting until next year. We welcome more whistle-blowers and informed sources to come forward if they know something that we have not yet covered and we, in return, promise anonymity.



Staff that has been involved in rogue practices would obviously like to prevent colleagues (and the public) from finding out about it. Today we would like to present Topić's letter regarding data protection [PDF] and the accompanying body of text [PDF], signed by Benoît Battistelli, who himself has a lot to hide (for reasons we covered beforein numerous parts). An annotated document [PDF] is added, with highlighted text that reveals how Topić and Battistelli worked to prevent investigation of the EPO, essentially banning people from speaking to the press, conducting an audit, investigation, etc. Clearly, the Data Protection Guidelines at the EPO are of interest if one wishes to understand the lack of scrutiny and the lack of communication with the press. The corporate media largely abstained from covering very serious issues that are known but nobody really wishes to talk about. The EPO is corrupt. It's a secretive institute, by design. Staff are actively discouraged from informing the public. Now, let's dig a little deeper.

First of all a little bit of legal background.

Under Article 33(2)(b) EPC, the legislative competence to amend the EPO Service Regulations (i.e. the set of rules governing conditions of employment etc.) lies with the Administrative Council (AC). To quote The European Patent Convention: “The Administrative Council shall be competent, in conformity with this Convention, to adopt or amend: [...] (b)the Service Regulations for permanent employees and the conditions of employment of other employees of the European Patent Office, the salary scales of the said permanent and other employees, and also the nature of any supplementary benefits and the rules for granting them”

In plain English, this means that any changes to the Service Regulations are supposed to be subject to the oversight and scrutiny of the AC.

What Battistelli has done during his presidency is an introduction of certain wide-ranging internal measures by means of “Circulars” which are basically unilaterally-enacted Presidential decrees that have never been subject to any scrutiny or oversight by the AC. Not surprisingly, Battistelli is again imposing an authoritarian code of conduct inside the EPO.

One of these measures was Circular No. 342, the so-called “Investigation Guidelines” which effectively give the EPO President dictatorial powers to unilaterally initiate so-called “investigative processes”. He can even initiate “investigative processes” against senior EPO employees who have been appointed by the AC under Article 11 EPC.

Refer to the European Patent Convention which covers this in more details. In such cases he doesn’t even have to inform the individual concerned or the appointing authority (i.e. the AC) that an investigation has been initiated.

Circular 342 was never presented to the AC for approval. It was unilaterally enacted by Battistelli. This is again the hallmark of authoritarian reign. Of course this action on his part is completely illegal or “ultra vires” to use the appropriate legal jargon. The fact of the matter is that the AC no longer exercises any effective oversight over the President.

Whether this is due to stupidity or corruption, or maybe a combination of both, is an open question which we will not attempt to answer. Furthermore, challenges to these measures by EPO staff have to go to the ILOAT in Geneva which is completely clogged up. The current time required to process a case at the ILOAT has been estimated as 12-15 years. So staff can complain all they like about what Battistelli does but there is no longer any effective legal redress available to challenge unlawful acts by the EPO President.

The system of legal redress has become completely dysfunctional.

This state of affairs has led to some national courts starting to call the EPO’s jurisdictional immunity into question.

New DPGs at the EPO

Now let's get back to the DPGs.

The most recent amendment of the EPO DPGs was announced by Mr. Topić on 2 April 2014 (see the PDF above). By a curious twist of irony, these Guidelines entered into force on 1 April 2014.

Although the EPO DGs pay lip-service to EU Data Protection Regulations, they are in fact much weaker. Under the EPO DPGs, all power is ultimately concentrated in the hands of the President.

For example look at Article 8, “Transmission to recipients outside the European Patent Organisation”. According to Article 8(4): “In cases of doubt, the President decides on the adequacy of the protection afforded by the relevant country or international organisation.”

According to the DPGs there is a Data Protection Officer (DPO) who enjoys "independence". But this "independence is only nominal, i.e. it only exists on paper, because the DPO is a normal member of EPO staff appointed by the President and thus de facto under the control of the President.

There is no independent supervisory entity such as the European Data Protection Supervisor which exists under the EU Data Protection framework.

But there is an even more sinister aspect to the new DPGs which doesn’t get any mention in Topić’s announcement.

The new DPGs include a number of clauses which state that they do not apply in the case of “investigative processes”.

What this means in practice is the following:

  1. The President can at any time – unilaterally and subject to no oversight whatsoever – launch an “investigative process”.


  2. The practical effect of this is to override the DPGs.


In other words, the DPGs are subordinate to the "Investigation Guidelines".

We think that this doesn’t require further comment or explanation on our part.

Credit: anonymous source.

Recent Techrights' Posts

The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
Brett Wilson LLP Seems to Have Done for Roberto Foa What It Did a Year Earlier for the Serial Strangler from Microsoft
Repeat abusers (of the legal system) will misuse it as long as regulators do nothing
Where We Stand With the Winter Series
We'll need to protect names and sources
Gemini Links 10/02/2026: "The Last Messiah", Discord for Adults
Links for the day
Mobbing at the European Patent Office (EPO) - Part V - Strongest Strike Under António Campinos
SUEPO Munich is also reminding people of the threat of PIPs
GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
 
GNU/Linux at 3.99% in Australia
now that Australians can no longer keep Vista 10
Microsoft Windows Falling
analytics.usa.gov Shows Rapid Erosion of Windows Market Share Since 'End of 10' (Vista 10)
Microsoft Windows Hits All-Time Low in The Netherlands in 2026
Europe needs to rid itself or wean itself off GAFAM
SRA: SLAPPs From Russian War Criminals and American Men Who Strangle Women Are Acceptable
The SRA, by inaction, is complicit in this
From Weber Shandwick (Microsoft PR) to Brett Wilson LLP (Hired Gun of the Serial Strangler of Microsoft)
they basically tried to charge me a lot of money for a PR project of someone who strangled women
The Solicitors Regulation Authority (SRA) is Not a Regulator, It's Part of the Litigation "Industry" in the UK (They Overlap Each Other)
Does nothing except talk about SLAPPs
In Finland, Microsoft Falls Behind Yandex (Russia)
Bing has had many layoffs in recent years
Security More Advanced in Geminispace Than on the Web (Bloat)
For real security, use Geminispace capsules, not Web sites
Slop at Microsoft is a Miserable Failure, Now Microsoft Takes the "Vista Route" (Paying People to Say Good Things About It)
This is brainwash, it's meant to delay the implosion of the bubble
Rumours About February 2026 Microsoft Layoffs: Silent Layoffs or 30,000 Culled Tomorrow
Sooner or later (and soon) Microsoft will need to say something and file some WARN notifications
GNU/Linux at 12% in Guam, Based on statCounter (Compared to 2-3% a Year Ago)
Guam's "uptick" in GNU/Linux usage started weeks after "end of 10"
Fighting Slop With the Public Domain (and Why Slopfarms Perish Faster Than New Ones Appear)
We can combat the nonsense by producing more human-made works until the slop bubble implodes
After Employee Reviews at IBM Staff Expects Another Large Wave of PIPs and "RAs" (Layoffs)
From what we can see in the "public Web"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 09, 2026
IRC logs for Monday, February 09, 2026
Is Europe Abandoning Digital Opium?
GAFAM-controlled social control media
Microslop is Slop, Slop is Considered "Quality"
no wonder Microsoft's stuff breaks down so often
thelayoff.com Deletes On-Topic Discussions (Layoffs) While Leaving in Tact Pro-Corporate Trolling Made by LLMs (Slop)
Who at thelayoff.com deems spam made by LLMs (slop) to be on-topic and unworthy of zapping, whereas actually on-topic and authentic threads get routinely deleted?
Gemini Links 09/02/2026: Great Salt Lake Ecological Observatory and Offpunk 3.0 "A Community is Born" Release
Links for the day
Links 09/02/2026: Mass Plagiarism and Pollution/FakeCoin Company Nvidia Contacted Anna’s Archives, Narges Mohammadi Gets Second Prison Sentence
Links for the day
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out
Expensive errors: Forbes Gold price, $44 billion Bitcoin given away by Bithumb, South Korea
Reprinted with permission from Daniel Pocock
Links 08/02/2026: Microsoft OSI (Openwashing Lobby) in Europe, Raised Against Social Control Media Provocateurs in EU
Links for the day
The Open Source Initiative (OSI) Lobbies for Microsoft in the EU, Promoting Proprietary Lock-in
OSI pushing and selling Microsoft and GitHub. OSI is Microsoft front group.
Getting the European Court of Justice to Annul the Illegal and Unconstitutional Unified Patent Kangaroo Court (UPC)
We're still working on it
Finland's Dependence on GAFAM (US) Needs to be Lessened, EU Must Follow This Path
It's unwise to make one's entire national infrastructure (computer systems) dependent on a regime which compares its black citizens to monkeys and assassinates nonviolent dissenters
Links 08/02/2026: Microsoft GitHub as Burden on Developers and "The Chomsky Epstein Files"
Links for the day
Gemini Links 08/02/2026: "Doing Not Much Tweaking" and "Reclaiming Digital Agency"
Links for the day
Forbes: BitCoin, Cryptocurrency pages removed from investment database, links stop working
Reprinted with permission from Daniel Pocock
Bitcoin warning followed immediately by network outage
Reprinted with permission from Daniel Pocock
Money Funneled to Protection of Software Freedom, But Nothing Really Lost
Crossposted from personal site
They Tell Us Slop Replaces Workers, But the Reality Is, US Debt Has Surged 2,300 Billion Dollars in Six Months (the Economy is Collapsing)
Oligarchy already entertains the option of running away to (or colonising) some other planet without pitchforks and "unwashed masses"
Mozilla Firefox Sinks to Just 1.5% in the United States
According to analytics.usa.gov
We're Still Fast
The site is even faster than the BBC's despite being on shoestring budget with only a small technical team
Gemini Protocol is Not a Waste of Time of Effort
We see more and more GNU/Linux- or BSD-focused bloggers turning to Gemini
Our Gemini Protocol Support Turns 5 Today
today is a rare anniversary for us
In Today's World, One Must be Tough and Principled to Get Ahead Morally
But not financially (sellouts)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 07, 2026
IRC logs for Saturday, February 07, 2026
The Right Wing in the United States Does Not Support Free Speech, It Supports Its Own Speech
Free speech is often opposed by those who also oppose Free software
IRC is a Lot Better Than Social Control Media (They're Not the Same at All)
A good social analogy for IRC is, there are many buildings with a party in each building
Microsoft 'Open' 'AI' is 'Dead Meat'
Or 0xDEADBEEF as some geeks might call it
When Identifying "Low Performers" and "PIPs" Aren't About Improving Performance But Reinforcing a Clique in Your Company/Organisation
It's very troubling to see once-respectable brands like IBM and institutions like the EPO resorting to this
Slop and Flop (IBM), Slopfarms and Hybrids (Linuxiac)
Did Bobby Borisov assume he would never get caught?
Crowdfunding vs Bitcoins: donations are better investment than digital tulip mania
Reprinted with permission from Daniel Pocock