Bonum Certa Men Certa

Catarina Holtz From the EPO Boards of Appeal Explains Bad Behaviour of the Management With Regards to EPC 2000

Catarina Holtz
Photo from swea.org



Summary: The violations of rules set forth by the European Patent Convention (EPC) are being discussed by an EPO veteran (now retired)

The European Patent Convention (EPC) is being violated by the EPO, as we noted a week ago. Now we have former insiders saying the same thing.



Retired professional Catarina Holtz wrote the following text three days after we had published our findings (maybe it was influenced by them) with regards to EPC 2000. It was published thanks to Merpel and it says:

The altercation at the EPO in December 2014 concerned a member of the Boards of Appeal who was ousted without any further ado by the President. This action was subsequently condoned in a suspension decision by the Administrative Council.

In legal terms this is a borderline case with regard to Article 23 EPC 2000, which gives the power to remove members exclusively to the Enlarged Board of Appeal. The word “removal” suggests permanent severance from the position of member, but an action with no previous preparation should be avoided.

Article 23 is part of the necessary self-management of a court, in keeping with the European Convention of Human Rights, Article 6 (which deals with the rights to a fair hearing and a fair trial, and primarily to a court of law). Under Article 10(2)(h) EPC 2000, the President has the power to exercise disciplinary authority over employees. However, with regard to senior employees he only has the function to propose disciplinary actions, which are for the Administrative Council to decide upon. This rather suggests that the President cannot take action without a previous decision by the Council. Where it may be dangerous to delay, there might be a margin for actions by the President -- but this is not in keeping with the organisation of a court, where the chief of the court would have the right and function to discipline colleagues, possibly with the help of a group of colleagues (for example, as in the EPO, the Enlarged Board of Appeal).

Decision R 19/12 means that the system in place, with the Boards of Appeal as part of the European Patent Office, is deficient in that the Boards of Appeal are not considered a court. The agreement proposed for the forthcoming European Unified Patent Court is a highly commendable model: it provides for the Boards, e.g. to be a separate body, and to have a transparent recruiting organisation, introductory education of new members and self management by the judges themselves as well as re-education during their tenure in the court and a well organised system for removal from office. Germany and Sweden have both operated such a system for several decades, with a separate patent appeal instance. This should now finally be done for the Boards of Appeal of the European Patent Office."

Catarina Holtz, LLD, SSE, Stockholm (Retired appellate judge, Svea Court of Appeal Stockholm, retired member of the Boards of Appeal of the EPO)


In the coming week we shall have some very important articles about EPO and perhaps also SIPO abuses (if we find the time). This fiasco is far from over.

Comments

Recent Techrights' Posts

GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
IBM Stock Collapses and It's Only the Beginning
Will GAFAM soon follow and will any executives be arrested for the accounting fraud insiders have long cautioned about?
 
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026
Heshan de Silva-Weeramuni Becomes Program Manager at the Free Software Foundation (FSF)
Heshan's addition means that the FSF is growing after a solid financial year (best in years)
Michael McMahon Explains Distributed Denial of Service (DDoS) Attacks on the Free Software Foundation (FSF)
The real solution is a curb on botnets. A mitigation strategy, however, would involve going static.
Matters of Public Safety
"Police say Ann Widdecombe killed in 'targeted attack' as motive investigated"
The Register MS and Its Promotional Microsoft Content
It's not too hard to see what the business model of The Register MS is
IBM: From $306 to $212 in 7 Days, IBM Won't Go Up More Than 50% to Where It Was at 'Peak Vapourware'
There's a limit to how much or how long a company can fake its performance and its potential [...] Early this morning a few insiders ("traders") cashed in on their "pump-n-dump"
Red Hat Staff Needs to Start Looking for the Next Job
Workers can conveniently lie or deny it to themselves, but waves of PIPs ("silent layoffs") will sweep over more and more units or teams as the company runs out of money to play with
IBM the Next Bear Stearns
IBM cannot recover if all it has to show is vapourware
I'll Be Extremely Difficult for Microsoft to Sell Any XBox Consoles Now
Microsoft understands this
How Software Freedom Would Benefit Everybody
A society that denies control by greedy companies would do a disservice to monopolies and improve all services to citizens
Links 14/07/2026: Harsh But Also Fair Criticism of Hey Hi (AI) Slop, 'Open' AI Shuts Down Its Own Products as Funds Run Out
Links for the day
Gemini Links 14/07/2026: Old CD Binder and AWK
Links for the day
In Defence of Physical Tickets
Tickets are not some "app" and not some "code" on some "screen"
Microsoft Layoffs Not Limited to XBox (False Narrative in the Mainstream Media)
Microsoft is becoming less relevant and workforce reductions won't end any time soon
Links 14/07/2026: Plagiarism Spun as "Training", Zelensky Announces Leadership Shuffle
Links for the day
The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day
The Register MS: "AI" Puff Pieces for Sale, Not Journalism at All, Just "Webspam"
The Register MS isn't the sole culprit
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 12, 2026
IRC logs for Sunday, July 12, 2026
How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled