Bonum Certa Men Certa

When Europe's Leading International Patent Litigators Get Fed Up With Benoît Battistelli and Want Him Sent to 'Exile'

Battistelli's disregard for the law takes its toll


Napoleon's retreat from Moscow by Adolph Northen (1828–1876)



Summary: Battistelli has drawn the ire not only of politicians, journalists, bloggers, EPO employees and lawyers of these employees but also lawyers who profit from Battistelli's EPO

Benoît Battistelli's EPO is a disaster zone. Patent lawyers now realise that large applicants (as in large corporations) get to jump queues and they can also recognise that the EPO attacks its critics (those who show the nepotism for instance). What kind of a regime is this and how come it managed to survive another year? For potential answer stay tuned for part II of "Battistelli's Furious Love Affair With French Power" (tomorrow).



"Based on what we are hearing from patent lawyers in Europe (some of them send us E-mails), they are definitely not happy. Some are so furious and fed up with Battistelli that they send us material about the EPO's management."The latest article from IP Kat speaks of the boards although it doesn't delve deep into any scandals. The writer (not Merpel) says that "Decision T 942/12 is a very important and welcome decision on liability and renewal practice management for European patent attorneys. It addresses the onerous responsibilities that previous Boards have held are applicable to EP attorneys in cases where an applicant uses a third party service to pay renewal fees, and defines an exception to those onerous responsibilities. [...] An interesting point from the case file is that an informal survey was carried out and submitted to the EPO, where the EP attorneys polled 20 firms across several European countries asking what their practice was with regard to overdue renewal reminders from the EPO: while all 20 firms confirmed they would send the official overdue reminder on to their client, only 7 out of the 20 firms indicated that they would follow up, overwhelmingly because they could neither charge for such activity or expect to be paid for it when they were not responsible for renewals."

Based on what we are hearing from patent lawyers in Europe (some of them send us E-mails), they are definitely not happy. Some are so furious and fed up with Battistelli that they send us material about the EPO's management. The EPO conveniently blames everything on the whipping boy SUEPO, but of course it wouldn't want to admit that the anger directed at EPO managers is very widespread. It would totally discredit the laughable narrative that the EPO is under attack by just one person with many pseudonyms or a small number of disgruntled workers.

"The EPO conveniently blamed everything on the whipping boy SUEPO, but of course it wouldn't want to admit that the anger directed at EPO managers is very widespread."The EPO is attacking not only staff representatives but also some of its own. Just see the utterly disrespectful treatment of a board's judge. Team Battistelli is now trying to make oversight and independence even harder by separating (or at least trying to separate) the boards from Munich. It's more about punishing and effectively firing staff (collectively changing job location), for merely 'daring' to stand up to abuse of power at the top floors of the EPO's building in Munich.

Thankfully, some leading patent lawyers in Europe now get the courage to stand up to Battistelli and defend the EPO’s Boards of Appeal. This one blogger wrote yesterday:

Having apparently experienced too much resistance from the German government against moving the EPO Boards of Appeal to Berlin, President Battistelli, who is French (but unfortunately neither Love nor in love with the Boards of Appeal), now tries to exile them to Vienna. Indeed he has recently put such a request before the Administrative Council.

It is time to push back such ideas swiftly and forcefully. What the EPO and Europe need are truly independent, well-staffed Boards of Appeal who do their important job impartially and efficiently. In contrast thereto, the last thing the EPO needs is a President who seems to be almost obsessed by the idea that the Boards of Appeal must be pushed to leave Munich to some other place where he no longer has to see them when entering or leaving His Office, and who even seems to go as far as to refuse staffing the Boards of Appeal appropriately.

[...]

May I make a modest counterproposal? The EPO is currently building a fancy new office tower in Rijswijk. Why not move the President to a nice and brand new luxury suite on the top floor of this building and allow the Boards of Appeal some more rooms and, above all, significantly more staff members in the Isar building? Thereby independence of the Boards of Appeal could be secured (if it is at all supported by some physical distance between them and the President, as he seems to believe) and, most importantly, they can at least begin to reduce their backlog of cases. And if that is not enough and the President still needs rooms in Munich after his move to Rijswijk to exercise whatever official function, the EPO could probably also afford renting a nice small palais in Munich for a few years. For example, I could very well imagine that a few representative rooms are still to be had in Nymphenburg Castle. I would go for them, Mr. President, if there is no more sensible way to restore piece within the EPO (which I strongly advocate in the first place). But please don’t bother the Boards of Appeal! We need them doing their job in Munich. And we need motivated rather than intimidated or irritated examiners as well!


As noted in one of the comments in IP Kat, "you will find one of Europe's leading international patent litigators giving (under his real name) his views on the way the EPO President is running the EPO (into the ground).

"It sure looks like, just ahead of Christmas (again!), the sloeber (Battistelli) comes under increased pressure to resign, as his buddies in the Administrative Council are too terrified (or in cahoots) to fire him.""I find such heart-felt, well-informed and expert utterances, in one's own real name) much more powerful than all the anonymous whingeing here on this blog. It takes a brave man to stick his head up above the parapet, even when his best career years are yet to come. Look. Read. He puts the interests of his clients (large and small, domestic and foreign, patent owners and accused infringers) above his own interests. Our clients need an EPO that works. If you think so too, say so."

It sure looks like, just ahead of Christmas (again!), the sloeber (Battistelli) comes under increased pressure to resign, as his buddies in the Administrative Council are too terrified (or in cahoots) to fire him. It's claimed that the sloeber was already close to resignation earlier this year.

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024