Bonum Certa Men Certa

The European Patent Office is in a State of Transition, But Not Battistelli's Transition or 'Reform'

The end of heartless leadership

Wizard of Oz



Summary: As Battistelli is expected to be on his way out (some sources tell us ejection is likely to happen in June), there is no denying that big changes are afoot and we take stock of some

We previously published hundreds of articles about the European Patent Office, which had threatened to sue us for writing about its many abuses. Two of the latest developments we might as well want to repeat/highlight/cover in depth. These developments are as follows:



  1. About 60% of the EPO's staff voted for a strike two days ago. They are fed up with the management's abuses. There are strikes and protests imminent.
  2. The President is probably about to get sacked (or pressured to resign), mostly for his abuses against the course of (in)justice and union-busting.


A lot of this is being covered in German and in Dutch (among other languages). It's in newspapers, television programs, and radio. These articles or broadcasts also increasingly cover the role of EPO abuses in staff suicides, which soared under Battistelli.

“A more diplomatic president would have heeded the warnings earlier: when in a hole it’s usually best to stop digging.”
      --Anonymous
Not so much coverage about these matters can be found in the UK, possibly due to language barriers and the distance from the patent offices/headquarters, which are all in central Europe (continental). The Register, WIPR and a few IP-centric news sites are being the exception when it comes to coverage in the English language (there is only one writer at The Register who's keeping abreast of EPO developments, so the other coverage mostly targets lawyers, who are a niche audience).

“The EPO said that the door is still open to SUEPO to sign the MOU,” said this very recent article from WIPR. So the wolf said his door is open to sheep. This is merely pretense of amicability or peace. How many people are willing to fall for it? Lesser informed journalists might interpret this as 'evidence' of these problems having been resolved, or SUEPO being the vicious, merciless party.

According to this new article from MIP (English site for lawyers):

The Administrative Council also discussed the envisaged structural reform of the Boards of Appeal which may lead to a relocation of the Boards of Appeal to premises not shared with other departments of the EPO, possibly even remote from Munich, such as in Berlin or Vienna. Concrete proposals could be decided upon by the Administrative Council as early as at its March meeting.


The headline of the article says "Organisational concerns in spite of performance gains," but it shouldn't be taking at face value the so-called 'results' that the EPO keeps repeating even in Twitter this morning and afternoon [1, 2, 3], despite these so-called 'results' being deficient and increasingly the subject of ridicule. See what Francisco Moreno, whom we recently mentioned here, wrote about it last week:

Filings & Applications

Churras & Merinas

Pears & Apples

Platos & Tazas

#EPOresults


People who work in this area increasingly realise that the EPO isn't telling the full story, just as it's lying to journalists and lying to staff. When I leaked a document which the EPO later admitted was authentic the EPO's Twitter account told angry lawyers that I was "wrong" (for merely showing a document!). A week later the EPO threatened to sue me.

We were rather amused this morning to see that someone in IP Kat doubting the legitimacy of the leaked documents we published last night. Well, we have the originals (definitely authentic) but published the text only in order to protect the source. Here is one response posted in relation to that:

This seems to show what will be the line of defense of battistelli will be: disciplinary authority is my prerogative, there is no legal basis for an external/independent review.

This guy does not seem to understand the pressure under which the AC - and the ministers at home (see the answer of Haas in the BR report) - find itself as a result of the intense media coverage about the EPO.

He may get away with his stupid arguments, but this will make the things only worse because the question will continue to linger:

if the disciplinary action were taken following the law - as they continue to repeat -, WHY IS IT THAT THE PRESIDENT DOES NOT WANT ANYBODY TO HAVE A LOOK AT IT?

If battistelli does not agree with the requests of the AC, he may always file an appeal at the ILO ...


Here is a response to the above:

He won't need to do that.

Look at Article 10 of the Rules of Procedure of the Administrative Council: "Article 18 - Specific provisions concerning the review and appeal procedures for Council decisions (1) The President of the European Patent Office shall draft an opinion for the Council on the request for review. (2) Taking into account the opinion referred to in paragraph 1, the Council, in accordance with Article 109 of the Service Regulations for permanent employees of the European (a) shall decide whether the request for review is receivable and, if so, (b) shall take a decision on the merits of the request for review."

http://documents.epo.org/projects/babylon/eponet.nsf/0/F44EA2A833862CD9C1257B1A00322E35/$File/CAD12010_en.pdf

In other words all he has to do is to file a request for review. He then gets to draft the opinion on the basis of which the Council decides on his request.


Lastly, here is a comment which says Battistelli "has dug himself into a hole" and that "when in a hole it's usually best to stop digging."

The President has dug himself into a hole, despite warnings and instructions to the contrary from the AC, and now he can't get out of it without presenting SUEPO a major victory. A more diplomatic president would have heeded the warnings earlier: when in a hole it's usually best to stop digging.

This presents the AC with a problem. What's needed at the present time is conciliation, not a major victory for one side or the other. But the President is making conciliation impossible.


Whether the PR team admits it or not (it is paid to lie to or mislead people), the EPO is in a state of transition right now. There's turmoil that only a major overhaul can end.

Recent Techrights' Posts

Mobbing at the European Patent Office (EPO) - Part V - Strongest Strike Under António Campinos
SUEPO Munich is also reminding people of the threat of PIPs
GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
 
Microslop is Slop, Slop is Considered "Quality"
no wonder Microsoft's stuff breaks down so often
thelayoff.com Deletes On-Topic Discussions (Layoffs) While Leaving in Tact Pro-Corporate Trolling Made by LLMs (Slop)
Who at thelayoff.com deems spam made by LLMs (slop) to be on-topic and unworthy of zapping, whereas actually on-topic and authentic threads get routinely deleted?
The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
Gemini Links 09/02/2026: Great Salt Lake Ecological Observatory and Offpunk 3.0 "A Community is Born" Release
Links for the day
Links 09/02/2026: Mass Plagiarism and Pollution/FakeCoin Company Nvidia Contacted Anna’s Archives, Narges Mohammadi Gets Second Prison Sentence
Links for the day
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out
Expensive errors: Forbes Gold price, $44 billion Bitcoin given away by Bithumb, South Korea
Reprinted with permission from Daniel Pocock
Links 08/02/2026: Microsoft OSI (Openwashing Lobby) in Europe, Raised Against Social Control Media Provocateurs in EU
Links for the day
The Open Source Initiative (OSI) Lobbies for Microsoft in the EU, Promoting Proprietary Lock-in
OSI pushing and selling Microsoft and GitHub. OSI is Microsoft front group.
Getting the European Court of Justice to Annul the Illegal and Unconstitutional Unified Patent Kangaroo Court (UPC)
We're still working on it
Finland's Dependence on GAFAM (US) Needs to be Lessened, EU Must Follow This Path
It's unwise to make one's entire national infrastructure (computer systems) dependent on a regime which compares its black citizens to monkeys and assassinates nonviolent dissenters
Links 08/02/2026: Microsoft GitHub as Burden on Developers and "The Chomsky Epstein Files"
Links for the day
Gemini Links 08/02/2026: "Doing Not Much Tweaking" and "Reclaiming Digital Agency"
Links for the day
Forbes: BitCoin, Cryptocurrency pages removed from investment database, links stop working
Reprinted with permission from Daniel Pocock
Bitcoin warning followed immediately by network outage
Reprinted with permission from Daniel Pocock
Money Funneled to Protection of Software Freedom, But Nothing Really Lost
Crossposted from personal site
They Tell Us Slop Replaces Workers, But the Reality Is, US Debt Has Surged 2,300 Billion Dollars in Six Months (the Economy is Collapsing)
Oligarchy already entertains the option of running away to (or colonising) some other planet without pitchforks and "unwashed masses"
Mozilla Firefox Sinks to Just 1.5% in the United States
According to analytics.usa.gov
We're Still Fast
The site is even faster than the BBC's despite being on shoestring budget with only a small technical team
Gemini Protocol is Not a Waste of Time of Effort
We see more and more GNU/Linux- or BSD-focused bloggers turning to Gemini
Our Gemini Protocol Support Turns 5 Today
today is a rare anniversary for us
In Today's World, One Must be Tough and Principled to Get Ahead Morally
But not financially (sellouts)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 07, 2026
IRC logs for Saturday, February 07, 2026
The Right Wing in the United States Does Not Support Free Speech, It Supports Its Own Speech
Free speech is often opposed by those who also oppose Free software
IRC is a Lot Better Than Social Control Media (They're Not the Same at All)
A good social analogy for IRC is, there are many buildings with a party in each building
Microsoft 'Open' 'AI' is 'Dead Meat'
Or 0xDEADBEEF as some geeks might call it
When Identifying "Low Performers" and "PIPs" Aren't About Improving Performance But Reinforcing a Clique in Your Company/Organisation
It's very troubling to see once-respectable brands like IBM and institutions like the EPO resorting to this
Slop and Flop (IBM), Slopfarms and Hybrids (Linuxiac)
Did Bobby Borisov assume he would never get caught?
Crowdfunding vs Bitcoins: donations are better investment than digital tulip mania
Reprinted with permission from Daniel Pocock
Links 07/02/2026: Misinformation by Slop, Overrated Slop Causes Stock Market Panic
Links for the day
Gemini Links 07/02/2026: Diode Function Generators and Panic Over Buzzwords and Slop
Links for the day
A Can of WORMS - Part III - Envying the Influence and Accomplishments of RMS, Socially Deleterious Attacks on Popular Movements
the actions are deliberate and coordinated, not some 'organic' or grassroots behaviour
Crisis teams assembled as financial regulators anticipate Bitcoin implosion
Reprinted with permission from Daniel Pocock
Reddit as a Hive of Trolls, Social Control Media Curated (Many Voices Censored and Banned) by Marketing Firm of GAFAM
Typical Reddit
The Solicitors Regulation Authority (SRA) Delusion - Part III - Women Failing Women to Help Violent Americans From Microsoft
Summed up, SRA will gladly prioritise the "legal industry" over women strangled, raped etc
The World Gets Smaller, as Does Its Real Economy ('Human Resources') and So-called 'Natural Resources' (What Humans Call the Planet)
Don't talk about "AI"
Converting FOSDEM Talk on Software Patents in Europe Into Formats That Work for "FOS" and Don't Have Software Patent Traps
transcoded version of the video
Links 07/02/2026: More White House Racism, "Europe Accuses TikTok of Addictive Design"
Links for the day
Silent Mass Layoffs: It's Not the Revolution, It's the Loophole and the Hack ("Low Performers" or "Underperformers")
Layoffs by another approach
Mark Shuttleworth (MS) Pays Salaries to Microsoft (MS) Employees
Canonical selling Microsoft
Links 07/02/2026: Windows TCO Rising, Lousy Patents Invalided
Links for the day
Microsoft Leadership: Stop Taxing Us, Tax Only Poor People
Does Microsoft create jobs?
Biggest "AI Companies" (Meta, Alphabet, Microsoft) Borrowed (Additional Debt) About $100,000,000,000 in a Year
Who will be held accountable for all this?
In Case You've Missed It (ICYMI), Google's Debt More Than Doubled in a Year
Wait till it "monetises" billions of GMail users with slop
In 2009 Microsoft Was Valued at ~150 Billion Dollars, Now They Tell Us Microsoft Lost ~1,000 Billion Dollars in Value. Does That Make Sense?
Or Microsoft lost 700 billion dollars in "value" in less than two weeks
PIPs and Silent Layoffs at IBM (and Red Hat) Still Going on, It's "Forever Layoffs" (to Skirt the WARN Act)
American workers out
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 06, 2026
IRC logs for Friday, February 06, 2026
Stressful Times for Team Campinos ("Alicante Mafia") at Europe's Second-Largest Institution
Keep pushing
Growing Discrimination in the European Patent Office (EPO)
it's a race to the bottom, basically
Google News Drowning in (or Actively Promoting) Slopfarms Again
LLM slop is a nuisance
Microsoft Stock Crashed When Alleged Vista 11 Numbers Disclosed
And last summer Microsoft indicated that it had lost 400 million Windows users
Gemini Links 07/02/2026: "Choosing a License for Literary Work" and "Social Media Is Not Social Networking (Anymore)"
Links for the day