Bonum Certa Men Certa

EPO All-Time Low: Memorandum From the Praesidium (of the Boards of Appeal) Complains to the Administrative Council About Latest Questionable Moves

The Napoleonic President -- not the boards -- should be sent to exile

Napoleon Bonaparte
Napoleon Bonaparte surrounded by members of the Council of Five Hundred during the Coup of 18 Brumaire, by François Bouchot (drawing edited by us)



Summary: Tensions inside the European Patent Office (EPO) have increased to the point where the Administrative Council (AC) is directly contacted by the Praesidium regarding Battistelli's outrageous plan to effectively send 'unwanted' (to him) people to 'exile'

THE EPO's massive new propaganda budget (€880,000 in a year) is rather revealing (we included it in the image above). The EPO's management has managed to convince itself that perception -- not its behaviour -- is the real problem. This helps explain the war on information itself and the war on people who 'dare' to speak out. It's a war of occupation and forceful silencing of dissent thereafter.



Strolling around IP Kat, we often find interesting statements from EPO staff, enjoying the cover of anonymity. Patent "applicants in their droves are choosing to file their applications at the national offices," wrote one person yesterday. "EPO management [is] monitoring telephone traffic at the desks of Examiners," wrote another person, wondering if the management "intimidates its Examiners so much that such speed and efficiency is frustrated?"

"The EPO's management has managed to convince itself that perception -- not its behaviour -- is the real problem."A new article about judicial independence at the EPO was posted yesterday by Merpel. It speaks of the Praesidium of the Boards of Appeal. As Merpel put it: "The Boards take a very different view. Their Praesidium (overseeing body) has written to the AC members in frustration, disputing that they were properly consulted, and asking for their voices to be heard. Not unreasonable, given that it is they whose careers are on the line, and it’s their children who will have to move schools if they are relocated to Vienna, Berlin or anywhere else.

“...applicants in their droves are choosing to file their applications at the national offices...”
      --Anonymous
"Merpel reproduces the memorandum from the Praesidium below, which addresses the current proposal in depth, questions why their views have been largely ignored until now, and asks the AC to let the Boards present their views directly to the Council."

One can find the full text in there, but here is the summary: "The Presidium is of the opinion that the proposed measures do not achieve the declared aims of increasing the Board's autonomy and improving the perception of independence. What's more, certain elements even cast further doubt on their independence and make them less independent than before. The most important legal question has not been answered yet - that of whether the proposed delegation of powers from the President of the Office to the President of the BoA can take place under the EPC. Further crucial aspects such as autonomy in budgetary and communication matters are not addressed."

“...will the members of the Praesidium now be subjected to sessions with the Investigating Unit and subsequent disciplinary proceedings?”
      --Anonymous
This article raises all sorts of interesting questions and attracts interesting comments too.

Citing Battistelli's crazy rules that deny access to his potential overseer (those who can sack him), one person asks, "will the members of the Praesidium now be subjected to sessions with the Investigating Unit and subsequent disciplinary proceedings?"

Here is a good comment:

Clearly, El Presidente is going for the big one: while he still can (before the political shit really hits the fan) he would like to 'reform' the BoAs in a 'reasonable' way which will 'extend their independence' by putting them at a physical distance from the rest of the administration.

This is, of course, the purest cant: as the assembled staff of DG3 point out, in common with his treatment of the rest of the EPO staff, Battistelli is at present deliberately trying to intimidate DG3 by:

1. Deliberately not filling vacant posts in DG3, which not only makes the allocation of work more difficult, but raises the question of who will be retained in post of those already in post;

2. threatening to move them to a new site (which, for reasons of service, they may not be able to oppose - see ServRegs, if you can find the relevant passages) - which may (will) ultimately lead to the resignation of many of these 'turbulent priests' (look it up).

Despite the apparent enshrinement in EPC of the independence of the boards, we see that there are, nevertheless, ways in which the president can apply pressure to DG3, even if this is not a direct pressure to individual members or chairman.

Is this really what the framers of the EPC intended? If not, Quo Vadis DG3?


Someone wrote in response to that: "The President€´s paper is a perfect illustration of the way the Office is managed in general: profound disrespect for the staff concerned, shameless misrepresentation of facts, abysmal ignorance of elementary principles of law.

"Almost two years lost now, the AC desperately passive. The Boards of Appeal will never fit into the Unitary Patent system."

Yes, here we have another reason why the Unitary Patent (or UPC) isn't all that people imagine it would be. There are false promises, disseminated in irresponsible media (or media 'for sale') with the intention of manufacturing consent inside the EPO and outside it.

"I have been following this EPO story for some time," another person writes, "and I agree with Merpel and the Presidium of the Boards. The only conclusion I can draw from the President's paper for the Council is unfortunate: it looks like the President intends to mislead and deceive the Council, his supervisory authority. If that is correct, I personally believe the Council should dismiss the President.

“...it looks like the President intends to mislead and deceive the Council, his supervisory authority. If that is correct, I personally believe the Council should dismiss the President.”
      --Anonymous
"Unfortunately, the chances that the Council will do their job are slim. Some delegations will voice concerns, but in the end, the Council will very likely rubberstamp whatever the President has sent in. They have done it in the past, they will do it in the future. The only exception was the desired dismissal of the Board of Appeal member where they had obtained independent external advice.

"I will appreciate to be proven wrong, both on the President's intention and the Council's behaviour."

It will be interesting to see if, as some people have warned me, the EPO will soon attempt to buy opponents (there's a huge new budget for reputation laundering), which can in turn flip-flop on EPO coverage, either in expectation of monetary compensation or because a payment was quietly made. Watch out.

What looks like patent examiners or friends of some examiners are not exactly happy. "The story about a director effectively deciding a case looks quite incredible," one of them wrote. Another one wrote: "This is how their management understands quality. #EPC trampled and spat upon. Oh but to serve the citizen of course."

Congratulations to Sun King (Battistelli) for totally demolishing the EPO after Alison Brimelow left something which was at least working.

Protests by staff need to go on. There is at least one more next week.

"Ten people who speak make more noise than ten thousand who are silent."

--Napoleon Bonaparte

Recent Techrights' Posts

Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
 
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdi eIs Tired of Talking About Free Speech"
Links for the day
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026
Layoffs in Twitter, Facebook, and Microsoft's LinkedIn
There are silent layoffs at Microsoft this month
We Don't Depend on Google and Don't Care for Google
We have our own site search and we don't depend on Google to bring visits/visitors to us
Change of Address at the Hired Guns, Address Removed
Companies tend to alter their 'shell structure' in anticipation of major action
Facebook Layoffs Due to Enormous Debt, Nothing to Do With "Hey Hi" Slop
The lies about "hey hi" in relation to layoffs will only contribute to further public resentment towards: 1) the media and 2) all the slop.
The Good IBM Managers Have Flown Away, All That's Left is the Book-Cooking Loyalists
IBM is just cheating the SEC and shareholders. This seems to be the only thing IBM's management is nowadays good at.
Microsofters' SLAPP Censorship - Part 12 Out of 200: Months Ahead of Serial Strangler From Microsoft Who Helped Double the Lawsuits (Funded by Third Parties) as 'Revenge' for Exposing Crimes
In 2024 I sat down and wrote about what had been done to me and to my wife
Crime Comes in Many Forms
apparently the SRA is OK with stranglers of women in America bullying the media in the UK
commandlinux.com, linuxteck.com, linuxiac.com, and linuxsecurity.com are Slopfarms With "Linux" in Their Domain Name
once readers realise they read slop they immediately lose interest
Links 14/03/2026: Adoption of Slop Has Killed BuzzFeed, Russia Sees "Economic Gain From Iran War"
Links for the day
Patriotism is Conditional, If It's Unconditional, Then It's Like a Cult
My love for Software Freedom is only as strong as my love for Freedom of the Press
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Universities Became Bad Places for Work
What happened to academia?
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day