Bonum Certa Men Certa

Conflict at the European Patent Office: Battistelli gets away with a slap on the wrist

Original: "Konflikt im Europäischen Patentamt: Blaues Auge für Battistelli"




Conflict at the European Patent Office: Battistelli gets away with a slap on the wrist

Benoît Battistelli remains in office for now. However, the Administrative Council of the European Patent Office [sic] has set the President clear guidelines for his future management of the office. This is according to a communiqué which was published yesterday. The supervisory body admitted publicly for the first time that there is deep conflict between President Battistelli and the unions, and it called on both sides to seek an amicable solution.



Battistelli_Benoît

Benoît Battistelli



Battistelli is in bitter conflict with the trade union SUEPO. He is responsible for four controversial disciplinary proceedings against three trade unionists and one Irish judge. The Office is also grappling with structural reform for greater independence of its legal tribunals, the Boards of Appeal.

The two-day meeting of the 38 members states of the European Patent Organisation ended yesterday. In the run-up to the meeting it had been publicly speculated that Battistelli would resign, after the executive committee of the Administrative Council had internally stepped up the pressure on Battstelli. German and Dutch newspapers reported that it was only a matter of deciding the size of his golden handshake. By contrast, JUVE had learned from influential delegates that the Administrative Council intended to make one more attempt at finding a peaceful solution, but under clearly-defined conditions, as has now been confirmed.

Both sides put on notice

"The resolution places an obligation on the President and makes clear that he is responsible for restoring a climate of peace in the EPO" said Dr. Philip Scholz, Speaker of the Federal Ministry of Justice and for Consumer Protection, referring to these events. However, according to the resolution, it was not only Battistelli who was under such an obligation, but also his arch-enemy, the main union SUEPO. There had been no real dialogue between the parties in recent times. The conflict had come to a head when Battistelli suspended three union leaders, including Elisabeth Hardon, who is from the Netherlands.

Now the EPO States demand that the President reach an agreement with the unions, without preconditions or exclusions. The unions have consistently demanded that the investigations against the union leaders be called off before they would enter into any agreement. The Administrative Council addressed the public criticism of these proceedings, and in particular the criticism of the methods employed by the internal Investigation Unit, and it required Battistelli to "ensure that the disciplinary measures and proceedings are not only fair, but are also seen to be fair". JUVE understands that the President was told to submit the procedures, arbitration and mediation to external review. This proposal then appeared in a rather watered-down form in the Administrative Council's communiqué.

The Administrative Council explicitly asked the President to come up with proposals for improving the procedures and for keeping the Administrative Council appropriately informed of disciplinary cases. This includes revising the Staff Regulations and Investigation Guidelines.

Battistelli said to JUVE: "On the Office's side, we will start with the requested revision of the internal Investigation Guidelines and disciplinary procedure. In parallel, a consultancy firm will launch a study, with the participation of the Staff Representation, of the reforms which have been introduced in recent years. We would like to discuss the results of this study at a conference in autumn, together with the Staff Representation, the EPO unions, the member states and other interested groups."

The Administrative Council also gave a clear message to the unions. They should work constructively and quickly with the Office management, without preconditions, towards an agreement. SUEPO is still discussing its response to the latest events, and was not available to give an official statement. However, sources close to SUEPO were suggesting that the proposal to engage an external mediator in disciplinary proceedings may provide an opportunity for progress.

Reform of the Boards of Appeal should be accelerated

The structural reform of the Boards of Appeal should now also be pushed forwards quickly. The EPO's internal tribunal decides on the legality of patent grants. However, it has recently been demonstrated that it is not sufficiently independent from the Office. Battistelli must now present the Administrative Council with new reform proposals by June, taking into account five guiding requirements which the Administrative Council set out in December, as well as the results of a legal appraisal carried out by Prof. Dan Sarooshis. The reform should then be implemented quickly.

The Administrative Council meeting also resulted in the nomination of two new Boards of Appeal Chairmen and four further members of the Boards of Appeal, as well as an external member of the Enlarged Board of Appeal. These positions had been vacant for sometime. In addition, Jesper Kongstad was confirmed as Chairman of the Administrative Council for a further three years from July 2016. (Christina Schulze, Mathieu Klos)

 

Comments

Recent Techrights' Posts

LLM Slopfarm: A Site's Last Incarnation Before Throwing in the Towel, Going Offline Permanently
A lot of coverage that claims to be about Finland is chatbot-generated nonsense or poorly-plagiarised work
LLM Slop (Lots of It Spewed Out by Microsoft) Versus Linux
Microsoft is a very, very evil company. It doesn't mind destroying the Web if there's a chance it'll make a buck in the process or mess up people's brains (in Microsoft's favour).
Slopfarms (Sites That Only Ever Publish LLM Slop) Are Killing Google News
pair of slopfarms still propped up by Google News
Microsoft's Serial Strangler's Law Firm Has a Long History of Fronting for People Who Do Bad and/or Illegal Things
Whose terrible idea was this?
Links 25/03/2025: Clownflare’s Slop and Bounties on Fake Patents
Links for the day
 
Links 26/03/2025: Healthcare Cuts and Turkey's Own "2025 Project" (Culling Opposition)
Links for the day
Microsoft Canonical Pays IDG to Spread FUD (Fear, Uncertainty, Doubt)
this seems a tad exploitative and reminds us of the time Novell kept telling companies that using anything other than SUSE was dangerous
Gemini Links 26/03/2025: GTD, Zenshuu, and Geminispace Community
Links for the day
Links 26/03/2025: Media's Failures, Arrests of Journalists, Limitations of End-to-End Encryption
Links for the day
Novell and Microsoft Apologist/Booster Bruce Byfield Writing About the FSF is a Recipe for Problems
Totally not shoehorning some agenda
Looking Forward to the Fall of UPC and Revocation of the Unified Patent Court (UPC) Agreement, Which Was Always Illegal and Unconstitutional
We'll try to keep abreast of any progress in this case
Slopwatch: Google News, LinuxSecurity.com, and the General Demise of the Web
many supposed or so-called "news" pages are just spewed out by some chatbots (or tools which help plagiarise original articles without getting caught; detection gets harder)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 25, 2025
IRC logs for Tuesday, March 25, 2025
Links 25/03/2025: Terrace Workbench and Spellcheck in LibreOffice on FreeBSD
Links for the day
Let Them Eat 'Apps'
Go Appless
Linux Runs Almost Everything, But They Almost Never Tell You This (No Marketing Budget)
Only about 1% (or at most 2%) of the Linux Foundation's budget goes towards Linux; a lot is routed towards Bill Gates and Microsoft promotion
Free Software Community Folks Are Closer Together Than the Cliques and Opportunists Rallying Around "Open Source" (Openwashing, Marketing, Conniving)
Generally speaking, freedom-loving geeks learn to reject morbid elements and trolls, who end up expelled
The Open Source Initiative (OSI) Might Get 'Forked' Soon
Someone who read our series has already taken a leading role
IBM Layoffs in the United Kingdom (UK) in 2025
Should Free software people trust such a secretive company?
Roku Will 'Lead' Attempts to Abolish the Illegal and Unconstitutional Unified Patent Court (UPC), Which Represents EPO Corruption and Lobbyism Spreading Upwards Inside the EU
When bribery buys policies and courts, even illegal policies and courts
Growing Poverty Rates in the United States of America (or Elsewhere) Beneficial to GNU/Linux Adoption
Toxic politics around the world, including the US, may mean weaker economies
European Patent Office (EPO) Illegally Turning to Slop Behind Closed Doors, Staff Objects to This Hidden Catastrophe
Who stands to gain from all this and at whose expense?
Gemini Links 25/03/2025: Relaxation, Literary "Movements", and Gemini Mentions
Links for the day
After US Government Funding Cuts the Centralisation of the Web (Especially Certificate Authority Let's Encrypt) is at Risk
They try to pull the plug on open protocols with decent encryption available (unless it is outsourced to third parties)
Links 25/03/2025: Putin Sends Children to Battle, 23andMe Drowns as People's Highly Personal DNA Data Floats
Links for the day
When Microsoft Folks Who Literally Strangle Women Try to Strangle Microsoft Critics
Speaking to Court staff yesterday, they too are shocked about those SLAPPs
Martinique: Windows Down to All-Time Low
we cannot expect Windows to ever recover
Anticipated in 2018: Lilie James & Location tracking, Googlists complained
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 24, 2025
IRC logs for Monday, March 24, 2025
IBM (and Red Hat) on a Fast Train to Nowhere
What is the future of Fedora when IBM keeps removing its leadership?
Press Reports Say Almost 10,000 Western IBMers Laid Off
We've been trying to verify/corroborate this somehow
Gemini Links 24/03/2025: "Live Off the Land" and Life Without YouTube
Links for the day
Planet Ubuntu (or Ubuntu Planet) is LLM Slop
Reading chatbots' output is bad use of time
Days Ago yewtu.be Found a Workaround That Made Invidious Work Again. Then Google Broke All the Instances (Again).
"Youtube changed something again, so if a video does not play, it's because of that."
The European Patent Office (EPO) is Slowly Killing Its Own Staff; All It Cares About Is Money
The Office hasn't been run by a scientist for about 18 years already
Links 24/03/2025: US Detaining Innocent People, F-35 Contracts Suspended Due to Hostilities
Links for the day
Cellphones (Mobile Phones) in Classrooms
A recent study confirmed that people's intelligence has dropped in recent years/decades
Is the FSF Being 'Trolled' by Microsofters Pushing C# (Microsoft)?
Who stands to benefit from training people to use and spread Microsoft?
Matthew J. Garrett is "Former Microsoft Researcher", According to Microsoft's Serial Strangler
Their argument is something along the lines of, "what Roy published damaged my career prospects, so I want Roy to pay me...
Links 24/03/2025: Political Catchup and Environmental Concerns
Links for the day
Windows Has Now Fallen to Rather Ridiculous 3% "Market Share" in Iraq (Windows Was Measured at 100% Back in 2010)
Iraq is not a place where Windows can make a comeback
Gemini Links 24/03/2025: Working With Music and Unconscious Influence
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 23, 2025
IRC logs for Sunday, March 23, 2025