Bonum Certa Men Certa

EPO Management Mocks Justice and Bans Judges, Takes Away Their Independence

The European Patent Office (EPO) is now the antithesis of justice

Kongstad caricature



Summary: The European Patent Office continues to stomp on justice and even on judges -- a fact that evades nobody who bothers looking at the pertinent facts

TECHRIGHTS is disturbed (albeit not surprised given the EPO's record with the law) to come to grips with the fact that for nearly a year and a half a judge has been suspended and in spite of the Board (both of them, board of appeal and Board 28) and the Council telling off Battistelli for his abuse of justice (they put it more politely as they tiptoe) the judge remains suspended. The other day someone sent us some text that suggests bringing back the suspended judge, who was put on 'house ban' against the rules of the EPO (Battistelli later changed the rules to better defend his abuses). That would at least restore some confidence in EPO management and show that it regrets suspending justice itself. For those who don't know, the judge is alleged to have shown judgments or charges against management, which was thus unsuitable to serve. In other words, the judge was a sort of whistleblower (hoping to uphold the law or persuade others to do so). Here is the text explaining the situation from start to finish (present), including the chilling effect it led to (imposing blind obedience through fear):

The thin independence of DG3



In its ruling R19/12 of May 2014, the Enlarged Board of Appeal found that the executive functions of the Vice-President of DG3 were incompatible with his judiciary function as, Chairman of the Enlarged Board. In response, Mr Battistelli relieved VP3 of most of his executive functions flowing from Article 10(3) EPC. He furthermore put all DG3 members directly under his authority for administrative requests (duty travel, approval of lectures, side activities etc.). This clearly infringes upon the independence of the Board members.

A further attack on the independence of DG3 occurred in December 2014 when a Member of the Boards of Appeal was subjected to a "house ban" by the President. The initial accusation was defamation of VP4. As usual these days, further accusations were added during the procedure. A first request to the Enlarged Board of Appeal to propose his removal from office was rejected by the Enlarged Board of Appeal after a hearing in September 2014 on the grounds that the accusations were insufficiently substantiated. In the October meeting of the Administrative Council, Mr Battistelli asked the Council to dismiss the colleague concerned without the required proposal of the Enlarged Board. The Council refused and instead decided to submit a second request to the Enlarged Board to propose removal from office. During a second hearing before the Enlarged Board in February, the representatives of the Council withdrew their second request. The correct thing to do now would be to lift the suspension and reinstate the colleague concerned. In the mean time, Mr Battistelli persuaded the Council to change the law governing suspensions. In December last year a majority of the delegates voted in favour of CA/D 18/15 [NL and DE voted against; FR GR SE and SK abstained]. This amendment to the ServRegs gives the Council the power to suspend a member of the EPO's judicial branch (i.e. members of 9the Boards) on a salary reduced by up to 50% for up to 24 months - or even longer in "exceptional cases". The amendment applies in a retroactive manner to the pending DG3 case. Aside from the question concerning the legality of such retroactive application, the measure has a negative impact on the independence of DG3 as a whole. The Council has now granted itself the power - whether acting alone or in concert with the President - to sideline any "irksome judge" without the need to observe due process by following the procedure foreseen in Article 23(1) EPC.

The next attack is possibly in preparation, with the so-called proposal for a structural reform of the EPO Boards of Appeal. An internal working group, the DG5 task force, had been entrusted with the mission of drafting the proposal. However, faced with the manifest unwillingness of the Office to propose measures really improving the independence of the Boards and with massive headwind from interested circles, the Council obliged the President to withdraw his orientation paper CA/98/15 and decided to take over in December. A status report is foreseen for the March Council meeting, with more concrete measures for the June meeting. However, the five “main points” of the reform, as sketched by the Swiss delegation during the December meeting , do not necessarily bode well for the future.


Using the Animal Farm theme (book reference for the uninitiated), the following cartoon/caricature has been issued and yes, it alludes to Hardon, who is alleged to have spoken to the above judge in an effort to help uphold justice. Based on recent reports, they now have the same lawyer. The cases are similar and intertwined only in a few ways (like the 'sexed up' charges, which help distract from the real reason for suspension and/or dismissal).

At the EPO, you see, those who pursue justice have justice bent against them, in an effort to simply silence them. How can anyone not consider this worthy of a strike -- one that explicitly calls for the restoration of justice at the EPO? Even the Council recognises that this is a problem, as per its last meeting's formal notes. ⬆

EPO justice caricature
EPO 'justice' -- only the pension restored by Battistelli in an effort to salvage his job (as time is running out for Battistelli and he may soon come under more attacks from Board 28)



Recent Techrights' Posts

Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
 
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day
Links 05/11/2026: Rule of Law Vanishing in Turkey, Joshua Wong Still Martyred by Chinese Regime
Links for the day
Gemini Links 05/11/2026: Classical Music, Politics, and Seeed Studio
Links for the day
Like Almost Every Slopfarm, UbuntuBuzz Seems to Have Thrown in the Towel
Linuxsecurity and Linuxiac (to some extent Linuxjournal) are still going, but for how much longer?
EPO 'Midterm' Elections Should Oust the Dictator
Tentatively a failure to secure another (unprecedented) reappointment before Christmas
Secret IBM Layoffs and Increase in PIPs (Silent Layoffs)
The media is failing to do its job
Links 05/11/2026: "Voice is Underutilized" and How Data Centres Lost the Midterm Elections
Links for the day
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026