Bonum Certa Men Certa

New Leak: Battistelli's Circle, Now Fighting for Survival, Circulates a Letter (and Why Some at the EPO Believe It's a Form of Blackmail)

Summary: Another new leak regarding the emperor's last stand, as the upcoming Administrative Council meeting (in March) may reveal, for the first time ever, a Chairman (Jesper Kongstad) who has lost trust in Battistelli, the President of the Office

THE EPO is in a state of disarray and the lunatic dictator acts accordingly, aided by his increasingly-notorious circle of dictators whose livelihood depends on their chief dictator. This afternoon we urgently published a leak that we had gotten from 3 independent sources. The following article serves to reaffirm the authenticity of some things we got from many other sources, so it's definitely not likely to have been faked or manipulated (we compared the sources to ascertain accuracy).



On a more personal note, my wife's flu is meanwhile passing/progressing to me as well, just ahead of a very busy day (of reporting on EPO matters). It's really quite a personal struggle (it's 2 AM now), but nothing compared to the abuse some staff representatives at the EPO have been subjected to.

One source of ours said about the last post that s/he "got a copy of this document that ha[d] been circulating about lately. Source unknown, thus: authenticity not guaranteed. It could originate from any of the 38 delegations.

"Kongstad looks as if he is distancing himself from his old accomplice Battistelli, and positioning himself for the postbellum period.

"The last paragraph of the draft resolution is a hint that Battistelli -- or the future EPOrg president -- could be made much more accountable to the AC [Administrative Council], and his actions would be more narrowly controlled. But then the AC members (and the governments who send them) would have to come up with actual, visible, policies for the Patent Office.

"If there is any truth to the rumour that Battistelli intends to walk away with "his" loot no matter what, then he undoubtedly possesses some means of leverage over JK [Jesper Kongstad]. Remember, JK and Battistelli "negotiated" together the President's secret employment contract, with its perks, bonuses and all."

Glyn Moody was especially astonished by the part which said: "Unfortunately, we have not been able to engage in a meaningful dialogue with the President" (from the leak we published).

One anonymous comment said to us earlier today that "BB [Battistelli] and his supporters have prepared a ridiculous letter in support of the management and against the above draft letter/decision. The letter denies the existence of a social conflict and states a support for the course of action taken by BB. The President is clearly blackmailing the managers and so many directors are facing a dilemma: sign it or not? They know that if BB survives they will have a hard life. I hope you’ll receive copy of it and that you’ll post it here. It will show the extent of madness of the EPO high management. No letter will help BB. He’s bound to fall soon."

Well, we got the letter from several sources, not only one, and both of the below examples are in agreement (formatting and typo variations only). It's definitely authentic, there's no prank here. Here it is (version 1):

Letter to the Administrative Council of the European Patent Organisation

From: the management of the EPO

We have been made aware of a draft decision some delegations intend to present to the next March 2016 Administrative Council session.

We would like to share with you our concerns. We take this exceptional step as this is commensurate to the seriousness of the consequences of the draft resolution, if adopted.

Firstly, we would like to point out that we are committed to the mission and goals of the Organisation. To that respect, we have supported and implemented the reforms and new policies stemming from the 5 roadmaps unanimously adopted by the AC in 2011 and 2014. These reforms have already borne fruit and the Organisation is now healthier than ever and is equipped to deliver first class services (Unitary patent, quality, timeliness...) At the same time the reforms have increased the long term sustainability of the Organisation, while maintaining a very attractive package and excellent working conditions for its staff. This healthy situation benefits directly the European economy, the Member States, and EPO's staff.

Concerns from the staff occur in all countries and Organisations in period of substantial transformation. Despite this, the staff is currently highly performing and committed to the mission and goals of the Organisation.

We are aware that Officials of the EPO are being put directly or indirectly under pressure. The Office and more and more of its officials at all levels of the hierarchy including elected staff representatives have been and are subject to defamation campaigns internally and externally, personal threats and harassment.

In that respect it is the Office's duty of care to address the situation and proceed under the EPO's regulatory framework, to establish the facts and when needed, engage in disciplinary procedures. The respondents have regulatory means of redress including the request to a review of the decisions.

Under the current circumstances we urge you to consider that the proposal submitted to the AC will undermine the position of all managers to successfully pursue the changes initiated in the road maps as decided in the Administrative Council and will create unfortunate precedents which will jeopardize seriously the management of the Organisation and its capacity to ensure its operations effectively now and in the future.

We fully support the Organisation's mission and its fundamental values. Therefore we urge the Administration Council, before taking any decision on the matter to give careful consideration to this letter: - to remain firm on ethics and not tolerate misconduct; - to focus on the great achievements and improve the positive image of the Organisation; - to endorse the on-going initiatives of the Office in the social dialogue (recognition of unions, social study, current review of regulations, social conference).

We are convinced that the implementation of the reforms is a solid basis for a solid EPO fit for the future.


Formatting is the source's own. Another person separately got hold of the original. "I was in the process of sending you the text which VP1 (Willy Minnoye) wanted his subordinate directors to "voluntarily" endorse when the scoop came out at IPkat. At least you'll have the full version, in case it hasn't already reached you through a dozen other correspondents."

Well, that's an overestimate of how many people sent the letter to us, but here's the cleaned-up OCR version of the same document (version 2 of n):

Letter to the Administrative Council of the European Patent Organisation

From: the management of the EPO

We have been made aware of a draft decision some delegations intend to present to the next March 2016 Administrative Council session

We would like to share with you our concerns. We take this exceptional step as this is commensurate to the seriousness of the consequences of the draft resolution, if adopted.

Firstly, we would like to point out that we are committed to the mission and goals of the Organisation. To that respect, we have supported and implemented the reforms and new policies stemming from the 5 roadmaps unanimously adopted by the AC in 2011 and 2014. These reforms have already borne fruit and the Organisation is now healthier than ever and is equipped to deliver first class services (Unitary patent, quality, timeliness...). At the same time the reforms have increased the long term sustainability of the Organisation, while maintaining s very attractive package and excellent working conditions for its staff. This healthy situation benefits d,rectiy the European economy, the Member States, and EPO's staff.

Concerns from the staff occur in all countries and Organisations in period of substantial transformation. Despite this, the staff is currently highly performina and committed to the mission and goals of the Organisation.

We are aware that Officials of the EPO are being put directly or indirectly under pressure. The Office and more and more of its officials at all levels of the hierarchy including elected staff representatives have been and are subject to defamation campaigns internally and externally, personal threats and harassment.

In that respect it is the Office's duty of care to address the situation and proceed under the EPO’s regulatory framework, to establish the facts and when needed, engage in disciplinary procedures. The respondents have regulatory means of redress including the request to a review of the decisions.

Under the current circumstances, we urge you to consider that the proposa1 submitted to the AC will undermine the position of all managers to successfully pursue the changes initiated in the road maps as decided in the Administrative Council and will create unfortunate precedents which will jeopardize seriously the management of the Organisation and its capacity to ensure its operations effectively now and in the future.

We fully support the Organisation's mission and its fundamental values Therefore we urge the Administrative Council, before taking any decision on the matter to give careful consideration to this letter:

- to remain firm on ethics and not tolerate misconduct

- to focus on the great achievements and improve the positive image of the Organisation

- to endorse the on-going initiatives of the Office in the social dialogue (recognition of unions, social study, current review of regulations social conference).

We are convinced that the implementation of the reforms is a solid base for a strong EPO fit for the future.


Imagine what would happen to staff that refused to sign this letter. IP Kat is meanwhile deleting comments as if there's suddenly some fear of a lawsuit over the content of comments (we were told by some people about IP Kat's censorship for a while now) and here is the latest from Merpel, who wrote in the third person's narrative: "Merpel has been receiving a stream of rumour and hearsay since last week, indicating a serious bust-up between EPO President Benoit Battistelli and the members of Board 28 (the sub-group that runs the business of the Administrative Council). Notably, Mr Battistelli has apparently lost the crucial support of Mr Jesper Kongstad, the Chair of the Administrative Council, who had until now been one of Battistelli’s key defenders. The final meeting allegedly culminated in an ultimatum to Mr Battistelli to which he allegedly responded by walking out of the meeting.

"Merpel has been slow to pass on these reports as she prefers to report verified facts and not mere unsubstantiated rumour. As a result much of the comment moderation over the last week on this site has involved repeatedly deleting well-intended reports of what the latest whispers around the EPO were saying – deletions which Merpel justifies on the basis that the whispers were not always in agreement and were rarely substantiated.

"Merpel has however received from several sources, some of which are normally reliable, the text of a letter attributed to Mr Kongstad and addressed to the AC delegates. This draft letter is accompanied by a draft resolution for the AC to sign off on at its meeting in March. Merpel strongly suspects that the text which is being passed around the EPO is not the final draft that will be (or has been) sent by Mr Kongstad, but the gist of the communication is clear nonetheless."

So far, the main false rumour that we have come across relates to Bergot. The rest turned out to be accurate.

To quote further from Merpel:

In what appears to be a sign that Mr Battistelli is not going to bend the knee without some resistance, a remarkable letter has been drafted by those most loyal to Mr Battistelli addressed to the AC “from the management of the EPO”. This letter has, Merpel understands, been presented to EPO managers and directors for their signature – purely voluntarily, you understand.

The letter is drafted as an attempt to persuade the AC to vote against the resolution drafted by Board 28. While it studiously avoids mentioning Mr Battistelli it urges the AC to support “the Office” and to vote against the proposals of Board 28.

This letter of support says (and Merpel doesn’t joke about such matters) that the Organisation is “healthier than ever”. It warns that the proposal drafted by Mr Kongstad will undermine all EPO managers and will jeopardize the reforms that are underway. The AC should, according to this letter, focus on the Office’s “great achievements” and endorse the Office’s social dialogue, not criticise and undermine it.

Merpel does not yet know how many managers have signed the letter, or what the implications might be for either agreeing or declining to sign it. She will keep readers updated when significant developments occur.

[...]

Given the unprecedented implications of these developments, and the fact that feelings are running extraordinarily high, Merpel has decided at least for now to disable the comments facility on this post and she will be disallowing comments on other posts that address these developments. If readers have any concrete and verifiable further news to share, please email merpel.mckitten@gmail.com.


It's only getting worse. First there was a ban on totally anonymous comments and now this? Is the EPO sending some E-mails to IP Kat?

Now that IP Kat rejects comments about the EPO (except when it comes to the UPC), we wish to remind readers how to get in contact with us securely. We wouldn't trust GMail for anything as the EPO works closely with Google -- not just on translations -- and the EPO's I.U. claims to have already intercepted several communications (not ours but Florian Müller's) that relied on GMail (the exact circumstances are not known as documents we have seen and publicly shared don't specify the methods).

Noteworthy is the comment above about why this letter puts enormous pressure on people to obey the tyrant and pretend to support him (even while wishing he'd be fired). Whoever signs this letter, well... the Administrative Council and its Chairman (Jesper Kongstad) should feel free to disregard/dismiss them, as they are obviously signing under pressure (compelled to endorse or risk one's job). It's like a Crimean election.

Comments

Recent Techrights' Posts

Longtime Red Hat Staff: Maybe Just Disable 'Secure Boot'
A refreshing take from Adam Williamson
A Dozen Observations About "UEFI 9/11" Deflections
What we are expected to see, tentatively
The World's Richest Ponzi Scheme (Faking Value Using Net Waste)
The higher they go the harder they fall
We Could Dual-Boot Back in the 1990s, Why Has This Become So Difficult?
And prone to breakage
Slopwatch: Google News is Still Promoting Many Fake Articles About "Linux", in Effect Rewarding Misinformation and Plagiarism
things continue to deteriorate
They Say That People Are Afraid of or Worried About "Hey Hi", But the Worriers Should be the Fools Who Invested in It
At the end of the day nobody should worry more than those who invested their money in this bubble
 
Culture of silence: Ubisoft harassment convictions, Mozilla, Sylvestre Ledru & Debian make no comment
Reprinted with permission from Daniel Pocock
Disable 'Secure Boot' (If It Lets You)
it doesn't put you in control
Links 11/09/2025: "Hey Hi" Ponzi Schemes at Oracle (Unpaid Contracts) and Cindy Cohn is Leaving the EFF
Links for the day
Gemini Links 11/09/2025: Playdate Console, Dichotomy between the Real and the Digital
Links for the day
The Microsoft AstroTurfing and Microsoft-Led Blame-Shifting Tactics Are Ahead of Us
Of course it has nothing to do with security, it's about control, i.e. them controlling everything
Celebrating Assassination is Bad Because It Legitimises Assassination of the People You Like, Too
Condoning or even celebrating political assassinations is bad optics (and taste)
Being Conditioned to Accept Unreliable Computer Systems That Fail With Black Screen of Death (BSoD)
Welcome to 2025
New Series: The Coup Against GNU/Linux Has Begun
today, this year in particular, we shall also focus on Secure Boot, which is sold based on a lie and tortures many computer user
New Paper on "BYOVD, but in firmware. Signed UEFI shells, vulnerable modules offer new paths for Secure Boot bypasses."
One might say digital "security theatre"
Links 11/09/2025: Oracle Layoffs, Drunk Pilots in Japan Airlines, US-Korea Tensions Grow
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 10, 2025
IRC logs for Wednesday, September 10, 2025
Xubuntu Site Compromised
Let's hope it is not a security breach
Links 10/09/2025: Retaliation at Facebook and Microsoft Reveals Almost 100 Security Holes
Links for the day
Gemini Links 10/09/2025: Annihilation of Self, The Future Eaters, and Leaving Academia
Links for the day
Harassment evidence: franceinfo's Clara Lainé report on Ubisoft prosecution
Reprinted with permission from Daniel Pocock
Links 10/09/2025: Microsoft Layoffs in "RTO" Clothing and Windows TCO, GitHub TCO
Links for the day
Blaming Everything on China
TikTok works for China. GAFAM works for fascists.
People Get Tired of "Hey Hi" (AI), Unlike the Subservient Money-Obsessed Media That Gets Paid to Pretend This Bubble Still Matters
"crash will be way bigger than dot.com burst in 90s. and that was Internet, actually transformative technology, not this expensive AI toy with direct dependency on the energy input which is not scalable"
Brett Wilson LLP Accepts That the Serial Strangler From Microsoft Filed a Case That Also Implicates My Wife (Everything is Connected)
They used to pretend that there were two separate cases
10 Reasons to Disable (or Enable) UEFI Secure Boot
Tomorrow the "trusted corporation" Microsoft will see a certificate expire
Gemini Links 10/09/2025: Hospital and Large Feeds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 09, 2025
IRC logs for Tuesday, September 09, 2025
The Bluewashing of Red Hat is Being Completed, Many Staff Understand They'll be Made Redundant
Jim AllowHurst (Whitehurst) is meanwhile promoting Microsoft's agenda from within other companies
Throwing Away "Old" Computers (Mozilla and Other Climate Deniers)
Mozilla is not leftist
statCounter Sees GNU/Linux Exceeding 10% in Bulgaria This Month
What can Microsoft still do to stop GNU/Linux?
Dark Patterns
Microsoft saying "security" is like a Convicted Felon in the White House saying "law and order".
It's Almost Fall (Autumn)
To "Facebook prison" you are bound
Bruce Schneier About "Secure Boot"
Bruce Schneier isn't a fan of "Secure Boot"
Links 09/09/2025: Microsoft Mass Layoffs Again and "RTO" (Timed Like It Serves as a Distraction From the Mass Layoffs)
Links for the day
RMS Told Microsoft to Stop 'Secure Boot' (He Even Went There to Say That), But They Didn't Listen
Dr. Stallman (RMS) assumed that speaking to sociopaths would work
What Richard Stallman Told Me About 'Secure' Boot in 2012
"if the user doesn't control the keys, then it's a kind of shackle"
Those Who Helped Microsoft Weaponise "Secure Boot" Against GNU/Linux and BSDs Are Fleeing
Microsofters doing what they do best: they evade accountability
Simple is Better, Simplicity is Power
That is "the advantage of having commodity GNU/Linux systems," an associate notes
Much Ado About Nonsense
Microsoft Lunduke is still all dramatisation and sensationalism
Current Events in France
It needs to dump Microsoft and other GAFAM (US) giants, move to Free software
Further Media Cut-downs
media reporting about the media being cut
Links 09/09/2025: US-Korea Tensions and Meta Whistleblowers
Links for the day
Gemini Links 09/09/2025: Moon Eclipse and ROOPHLOCH Reports
Links for the day
Links 09/09/2025: “Torrents of Hate” and Political Crisis in France
Links for the day
Gemini Links 09/09/2025: "Dedigitizing" and Forgejo on FreeBSD
Links for the day
Google News (Not Just Google Search) Lets Itself by Gamed by One Slopfarm - to the Point Almost Half of "Linux" News is Bot-Produced Plagiarism (LLM Slop With Slop Images)
That says a lot about what Google thinks of quality, even in Google News
Bill Gates-Funded Media Inadvertently Refutes the Microsoft Lie That in 2025 Microsoft Had Just Two Waves of Layoffs
There were about 12 rounds of layoffs so far in 2025
Official SUSE Blog Still Uses LLM Slop (Bots) to Make Fake Articles (Marketing)
The company is all about sound bites
Companies Realise That Slop Doesn't Work as Advertised, Accordingly Dump It
"Hype dims as a country-wide survey of US corporations shows a sudden drop-off in AI use among firms with more than 250 employees."
Microsoft-Funded Lawsuits Against Critics of UEFI 'Secure Boot'
Remember that no company (or law firm) ever survives collaborations with Microsoft
From theregister.co.uk to theregister.com (US) to The Register MS (Run by Microsoft Operatives) and theregister.ai
The best way to break this racket (or cycle of hype and harm) is to break the chains of funding
Open Source Initiative (OSI) Culture of Censorship Necessitates More Speech
The OSI bans dissent or people who merely point out that the OSI is abusive
How to Reach Us Discreetly (Other Than Encrypted E-mail)
We're still managing to maintain a 100% source protection record. We soon turn 19.
LLMs Are Vastly Worse Than a Waste of Energy and the Externalities Are Huge
Worse than just higher power bills for everybody
LLMs Versus Search (Not Replacing Search But Engaging in DDoS Attacks Against Web Sites That Permit Searching)
The state of the Web isn't just bad; it's utterly terrible
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 08, 2025
IRC logs for Monday, September 08, 2025
It's Only the Second Week of September and Already Two Waves of Layoffs at Microsoft, Slopfarms and Microsoft-Funded Sites Spin It as "AI Investments" Rather Than Commercial Failure
A very large third one expected next week
The UEFI 9/11 - Part IX - Shunning Old Computers (in 2023 the Certificate Was Updated/Overridden, Underlying Aim May Be Herding/Forcing People to Get TPM and Other 'Novel' Restrictions)
the "upgrade treadmill"