Bonum Certa Men Certa

Battistelli's Vision of UPC is Closer Contract With Major Applicants (Abroad), Contrary to European Interests

Who is this man kidding anyway?

Benoît Battistelli quote



Summary: Benoît Battistelli's EPO is adopting an imperialistic approach that would allow foreign companies such as Microsoft and Apple to issue Europe-wide injunctions, claim more in 'damages', pressure for higher 'royalties', and so on (but it's all for EU-based SMEs, honest!)

THE EPO does not surprise us when it openly lobbies for UPC. Just over an hour ago the EPO published this self-promotional (for management, not examiners or boards) nonsense. (warning: link to epo.org)



WIPR already has some coverage which says nothing special or new; it presents little except only one side's views. Battistelli is parroted and views are also offered from "Graham Burnett-Hall, partner at Marks & Clerk, a firm of patent and trademark attorneys" (conspicuously absent is a public interest group or an outsider's representative).

"What's amazing here isn't that the EPO lobbies for the UPC but that the public is kept totally in the dark and the EPO gets away with it."As expected, patent maximalists and patent lawyers like IP Magazine are happy about the UPC (a tax on everything in Europe, including more lawsuits and injunctions). They call this "[a] 'Hugely significant’ occasion for EU #patent system after preparations for the unitary patent completed" (UPC is a case of fast-tracking things before the public even gets the chance to vote).

UPC ties into ever broader things like TPP and TTIP. It's a sort of globalism poorly implemented so as to punish the poor and benefit only those who are already rich and still getting richer, by redesign of laws to annul their tax, impede their competition, give their corporations sovereignty over government etc.

What's truly amazing here isn't that the EPO lobbies for the UPC (we have seen that for quite a while and reported it on occasions) but that the public is kept totally in the dark and the EPO gets away with it. It's as though Europe is occupied and oppressed by a group of people. This isn't a functioning democracy. 'Patent' offices that lobby aren't really patent offices but an entirely different kind of monster. On social media I've joked earlier on: "What is this lobbying firm called EPO? Oh, wait, it's not a lobbying firm per se. It's the European Private Office. A 'public' service..."

We hope that even existing staff of the EPO can see why this is plainly unrest and morally wrong. The EPO isn't supposed to decide how Europe is run; instead it should be the public deciding how Europe is run and how the EPO is run, under the control of European politicians; everything is in reverse right now, so the tail is effectively wagging the dog.

"Look what a mess has been left here. Battistelli fights everyone and everyone now fights back against him."Earlier today we showed that even well-known European patent lawyers were getting fed up with Battistelli. Well, the European Patent Lawyers Association (EPLAW), which previously expressed concerns about Benoît Battistelli's EPO [1, 2] and even cited Techrights for support, now speaks of the "Structural Reform of the Boards of Appeal". Guess whose side EPLAW it taking. The following statement is self explanatory: "Before the meeting of the AC in which the President’s proposal will be discussed in the course of this week, the Association of the Members of the Boards of Appeal (AMBA) raises its voice and makes even more critical comments. According to AMBA, the new proposals manifestly take no account of AMBA’s submissions, despite assurances that they would be reflected in any proposal. Furthermore, they take no account of the comments of the AC members in the Council meeting of March, or of the user survey results; rather it misrepresents them. All the changes are said to be detrimental to both actual and perceived independence. Instead they place considerably more power in the hands of the President of the Office."

Look what a mess has been left here. Battistelli fights everyone and everyone now fights back against him. This is very poor leadership and any remnant of reputation that the EPO gained for several decades is being lost in just a couple of years. Earlier this evening the FFII's Benjamin Henrion wrote: "Well EPO is not responsible in front of a court, so there is no procedure if the EPO does not work. That's why it needs to be dissolved, or reintegrated in other democratic structures."

Looking at Henrion's old site, Digital Majority, we find this old news pick saying that the "EPO staff blame Admin Council for EPO woes". To quote what was there at the time:

Last week a dramatic EPO document fell into our hands. "Governance of the EPO: a Staff Perspective" documents internal conflicts in the EPO, staff versus management, in which the Administrative Council (AC) and President have almost totally lost the confidence of the EPO staff. In 2004, just 8% of staff expressed trust in the AC, and 28% in the President. In 2006 this figure had fallen to 4% and 7%.

The report - written by staff representatives - avoids criticism of the President, and focuses its ire on the Administrative Council, citing the conflict between national and personal interests, and those of the EPO.



Looking at a related site for a submission of the EPO representative on the Commission's ICT Task Force report we have:

Raise awareness of the patent system among SMEs: The EPO may develop a project which aims at increasing the understanding and the use of IP by SMEs. The main concept entitled "train the trainers" is to provide trainings for specific target groups in the field of protection and exploitation of IP and IP management, with the main focus given on patenting. The relay done by the staff already working in direct contact with SMEs will ensure multiplier effects of the training given and SMEs will be expected as final recipients.



Well, we now know, thanks to a large degree to leaks (from several simultaneous sources), that the EPO does not give a damn about European SMEs. It cares neither about Europe nor SMEs as it now gives priority to foreign giants (hence the correction of Battistelli's new statements at the top). This is what happens when the EPO is operated outside democratic controls. A serious overhaul is well overdue; the UPC isn't it. The UPC is further escalation in the wrong direction. We fear that some people inside the EPO still believe what the EPO's management tells them about the UPC (or what patent lawyers tell them). Does anyone still believe the EPO's management?

Recent Techrights' Posts

IBM Eliminating Over 20,000 IBM Workers by Year's End, Insiders Claim
the layoffs are silent
The Register MS Publishes More Word Salads Promoting "AI" Because It's Paid to Do So
Hype, name-dropping, and scaremongering
 
Richard Stallman's Web Site Back Online, But It Seems Like a 2-Months-Old Snapshot
Latest political notes are dated July 2 (2026)
SPAM Disguised as Benchmark or Comparison: The Register MS "PARTNER CONTENT" is Getting Weirder by the Month
Sites that promote fake 'coins' or pyramid schemes to their audience(s) aren't worth tolerating
PIPs at IBMs are Layoffs Because They're Impossible to Satisfy (or They Terminate Workers Despite Satisfying Them)
What insiders say
In the United Kingdom You Can No Longer Make the Assumption People Use Windows (or 'Smart' 'Phone')
As autumn arrives Microsoft faces a crisis
SLAPP Censorship - Part 171 Out of 200: Talking About Corruption and Violence Against Women
Today the Labour Party (UK) speaks about corruption
Warming Up for Investigative Journalism About the European Patent Office (EPO), Europe's Second-Largest and Probably Most Corrupt Institution in Europe
It continues to exploit diplomatic immunity for impunity
Microsoft Handing Out PIPs by the Thousands, Anxiety in GAFAM Building Up
Years ago I heard from people who pretended to be ill to avoid getting fired
BRICS in the Windows: Brazil's GNU/Linux Share (as Measured by CDN) Has Hit Highest Point in a Month
The largest Web CDN, Clownflare, sees GNU/Linux at 8.1% right now in Brazil
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day
Like Uber, Paypal's Debt Has Shot Up 2.5 Billion Dollars in 3 Months, Now the Mass Layoffs Come to India
even reducing the salaries by offshoring isn't enough to save the company
Microsoft "engineers who aren’t critical are let go" this week/month (silent layoffs)
"stack ranking"
Is Microsoft Trying to Kill What's Left of XBox by Year's End?
How many people will still bother purchasing these consoles by the end of the year?
SLAPP Censorship - Part 170 Out of 200: Downtimes
Yesterday traffic skyrocketed here
Gemini Links 03/09/2026: Google Maps, Gemini's Early History, and Suppressing Slop Plagiarists
Links for the day
Links 03/09/2026: Unsafe Skies, Thunderbird Adopts Proprietary / Vendor Lock-in Traps, "Xbox Live Down Again"
Links for the day
Growing Thirst for Free Software, the LibreOffice Edition
LibreOffice is in "high demand"
Links 03/09/2026: John Ternus Enters Apple Amid Mass Layoffs, Journalist İrem Delice Arrested
Links for the day
Stallman.org Down Due to Virtual Machines Issue, "Senior Engineers are Investigating the Issue" Since Saturday
RMS site down due to virtual machines issues upstream
Linux Foundation is Plagiarism Hub, Linux is at Risk From It
Torvalds never looked weaker and more compromised
Gemini Links 03/09/2026: Back in Japan, Another New Year, Reasons to Avoid Have a "Smart" "Phone", and Rant About Built-in Batteries
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 02, 2026
IRC logs for Wednesday, September 02, 2026
Identi.ca is Practically Dead, Just Like All Social Control Media (Eventually)
All Social Control Media is a waste of time
Gemini Links 02/09/2026: Intentions, Publishing on Workstations, and Connectivity Standards Alliance (CSA)
Links for the day
GNU/Linux Reaches 6% in Nepal
Today I checked GNU/Linux in Nepal again
SLAPP Censorship - Part 169 Out of 200: Calling People "Nazis"
'Cancel culture' in action
GNU Turns 43 This Month, GNU/Linux Turns 35 Next Year
It seems like no area of computing has not been impacted by the GNU/Linux revolution
Uber Debt Grew 2.5 Billion Dollars in 3 Months, Company Lays Off at Least 10% of Workforce
The media repeats the "official" numbers
Links 02/09/2026: The Machine Stops, AuraSearch, and DOOM 1/2
Links for the day
1-1 Meetings at IBM This Week, PIPs Expected, Maybe RAs Too
As usual, we invite whistleblowers to tell us what's going on
Links 02/09/2026: Germany Blames Russia for Leipzig Airport Drone Attack and China Gains Power as US Faces Humiliation in the Midst of Presidential Cover-up
Links for the day
Quit Talking About "AI Layoffs" and Talk About How Chatbots and Other Bots Broke Recruitment Processes by Cheating
Bots talking to other bots isn't HR; it's a catastrophe
It's Inevitable Anyway, So...
of course blame Chinese Communists for the "anti-AI" messages
Robotics Isn't "Hey Hi", Robotics Isn't New Either
Is the official Arduino blog becoming shilling platform for Qualcomm's "hey hi" [so-called 'intelligent'] chips?
Giving 'Free Publicity' to the People You Hate and Attack
Be careful what you wish for in social control media
Today We'll Focus on Growth of GNU/Linux
We've meanwhile noticed that Clownflare statistics for north American nations show 19% of requests (CDN) originating from GNU/Linux
IBM Secret (or Silent) Layoffs in September 2026
We need whistleblowers
Gemini Links 02/09/2026: GAFAM's E-mail Cartel, ROOPHLOCH 2026, and Homeworlds
Links for the day
Not Only Microsoft and IBM Hide Layoffs (Secret Layoffs) and Fail to Follow the Law (or Bypass It)
Microsoft's tactics are not so unique
People Who Participate in the Slop Plagiarism Pyramid Scheme and the Moral Dilemma (What's Acceptable for a Salary?)
giant pyramid scheme
State of the Slop, Linux Edition
Whether slop about "linux" becomes rarer by the end of this year, well... time will tell
Links 02/09/2026: 'Open' 'AI' (Proprietary Slop Plagiarism) Destroying Evidence, "Data Center Backlash Has Officially Rattled Scam Altman"
Links for the day
Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026