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

Former Debian Project Leader Branden Robinson Cautions Against Cover-up and Censorship in Debian
Debian drama. Again.
It's Friday Again and Many People Leave IBM for Good (IBM Should be Reported for Illegal NDAs That Hide Layoffs)
we very seldom see anyone deviating a lot from the "template-like" narrative, let alone mentioning "layoffs" or "RA" or some other term that implies non-consensual departure
What Do People Ever Buy From Microsoft Anyway (Not PCs)?
Microsoft sells two things these days: 1) vapourware/promises. 2) its stock.
Gemini Links 20/02/2026: "Mainstream Unix, Underground Unix", Slop Staging DDoS Attacks Against Small Sites
Links for the day
IBM Inclusivity: Red Hat Summit is for Rich Sponsors Like Microsoft and Rich Guests Who Pay $500 a Day
Nothing signals societal tolerance more than paying a large military contractor
 
Like a Shell
Overreactions can backfire
Not Only Leaders of XBox Got Sacked (Layoffs)
Phil Spencer and Sarah Bond got laid off
9PM on a Friday Night: Microsoft Says the Layoffs Are Not Layoffs
We've said for a long time that XBox is doomed this year
Gemini Links 20/02/2026: Misfin Server and Magic in Programming
Links for the day
analytics.usa.gov Reckons Windows "Market Share" Fell to Just 38%, Vista 11 Not Even a Third of Windows Users
This coming summer Vista 11 turns 5
The New Digg.com is Slop
Slop "summaries" and Serial Sloppers are drowning out the site with fake 'articles' (plagiarism)
Linus Torvalds: Bill Epsteingate Good Enough for Me to Wine and Dine With
Torvalds is more connected to Jeffrey Epstein than Richard Stallman ever was
Our Uptimes Are Always Better Than Any Site That Uses Clownflare
Clownflare as a company operates like a cult
GNU/Linux Apparently Rose to 6% in Uzbekistan
If accurate, this represents a new problem for Microsoft and a big win for Software Freedom
Sponsored Videos and 'Articles' in The Register MS, Stenography as a Service/Product
They should more accurately label these actors
The Little Clique of Sloppers/Spammers About "Linux" Got Even Smaller
Thankfully there are still genuine and legit GNU/Linux sites out there
Links 20/02/2026: Microsoft Intentionally Kills Older Hardware, "The Story of XBox" Shows How Defective Microsoft Hardware Really Was
Links for the day
Turkmenistan One of Many Countries Where Microsoft Fell to Distant Third in Search
We expect many layoffs in Bing some time soon
Don't Wait for "Red Hat Layoffs" Because After Bluewashing They're IBM RAs and Don't Wait for "IBM Layoffs" Because They're Perpetual
IBM layoffs are silent and "forever" (small trickle that never ends and is widespread - after all IBM is a very global and ubiquitous firm)
Links 20/02/2026: Standards, Science, and Politics
Links for the day
GNU/Linux Adoption is Higher in Richer Countries
Is it because freedom is actually expensive - something that only privileged people can pursue?
Links 20/02/2026: Windows TCO Versus Deutsche Bahn, Europe Seeks More Independent Digital Future
Links for the day
IBM, Red Hat and Fedora: Don't Say "Master", It Offends People. Also IBM, Red Hat and Fedora: "Master Podman".
The hypocrisy at Red Hat and Fedora shows no boundaries
IBM Layoffs Aren't Just in IBM 'Proper'
Who is still using Lotus after the HCL move?
The Register MS Gets Paid by Gartner to Promote a Ponzi Scheme for Gartner, Microsoft, and Others
The credibility of that site will suffer because it tries to sell a major scam to its audience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 19, 2026
IRC logs for Thursday, February 19, 2026
Gemini Links 19/02/2026: "Towards a Gemini Famicom Resource" and Dumping Microsoft
Links for the day
IBM Behaves Like a Company Looking for Loose Change Between Sofa Cushions
Chasing laid-off workers for dollars and even pennies, making excuses and devising loopholes (such as PIPs) to flout severance obligations
Microsoft Found Another Bailout Opportunity: Killing People
Good thing that Nadella is not racist!
No "Smart Mobs" (Social Control Media) in BRIC?
It looks like the "Social" "Media" sites tracked by statCounter see little from (or of) BRIC, and moreover it is declining fast
The Few Slopfarms We Saw Today
The sentiment has changed a lot
Links 19/02/2026: Protecting Framework Laptop 13, Hardware Drive Shortages
Links for the day
In Africa's Second-Largest Nation, Democratic Republic of the Congo (DRC), Opera 10 Times Bigger Than Firefox (and GNU/Linux Now at 5%)
This will become an accessibility problem
Links 19/02/2026: "A.I.pocalypse" Inevitable and "Butlers to LLMs"
Links for the day
An Inherently Royal (Monarchs') Legal System Where Size Matters (Big Capital Eats the Small)
This reinforces the notion that justice is only for those who can afford it
These Statistics Should Keep Microsoft Shareholders Awake at Night
Windows is, in general (all versions collectively), declining over time
Economic Failure and Other Harsh Realities Have Nothing to Do With Slop 'Innovation'
Advanced propaganda, not advanced 'AI' [...] They attack workers while insulting their intelligence
Spaniards Shutting Down MElon's Digital Weapon of "Smart Mobs"
Are the Spanish people already acting based on gut feeling and shunning/shutting out the provocation vector?
Bitcoin: government engagement contradictions
Reprinted with permission from Daniel Pocock
Richard Stallman in the United States - Part II - "Haters Gonna Hate"
we shall carry on with this series at the right pace
Typical! Solicitors Regulation Authority (SRA) Tells Victims of Fraud to Wait 10 Weeks
justice delayed is justice denied
EPO Union Leaders in Rijswijk Explain Where EPO Strikes Stand and How to Prepare for Next Week's
We have some revelations to share in a few days
statCounter: Only One in 350 Iranians Would Use Microsoft for Web Search
Microsoft is trying to fake "demand"
Slides Shown a Week Ago by the EPO's Staff Committee Ahead of the Second Very Large Strike
This coming weekend we'll drop a 'bombshell' of sorts
EPO "Cocaine Communication Manager" - Part II - Illegal Drug Addicts Mobbing the Wrong People, This Will Definitely Backfire
This year may well be the last year of Team Campinos. Nobody will hire them after that.
Mass Layoffs (But Silent Layoffs) Still Happening in IBM, You Need Only Look Closely (There Are NDAs, PIPs, 'Early Retirement' Sweeteners and IBM - Like Microsoft - Skirts the WARN Act)
the layoffs are definitely happening
Microsoft's "AI CEO" (Slop Propagandist) is Projecting, Many Microsoft "Jobs to be Replaced With All-Indian Low-Paid Staff in 12 Months"
Windows is perishing
Very Little Slop
We are not finding much slop anymore
Links 19/02/2026: Illegal Kangaroo Court for Patents Attracts Aggressive Firms, Public Domain Review Grows
Links for the day
Gemini Links 19/02/2026: Taxing the Rich, Raspberry Pi 4 Tinkering
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 18, 2026
IRC logs for Wednesday, February 18, 2026
Links 18/02/2026: DMCA Weakened, Anna’s Archive Still Thriving
Links for the day
Links 18/02/2026: Gig 'Economy' Condemned, Microsoft Insulting/Stressing People With False Slop Predictions
Links for the day
Twitter Falling to 1% in Africa's Largest Nation (Algeria)
About 15 years ago the regime in Egypt got toppled (and others had been too) partly because of social control media such as Twitter
"How Many Friends Do You Have?"
"Do bots count?" "Friends in Facebook?" "Does a girlfriend chatbot count as a friend?"
Solicitors Regulation Authority (SRA) Responds to Crises Only After It's Way Too Late
The SRA does not do its job. The new chief's job is face-saving PR in the media.
The Techrights Team Makes the Platform Faster
The infrastructure is already fast
Mozilla Firefox Died in Afghanistan
Mozilla has been a complete disaster
Gemini Links 18/02/2026: Astronomy and Texinfo
Links for the day
Are IBM CEO and IBM CFO Ready for Financial Audit That Topples the Shares by 50% in One Day?
The same "chefs" that cooked up Kyndryl Holdings Inc are still in charge of the IBM kitchen
France Does Not Need Digital Weapons Disguised as Social and as Media
French people lost interest in Social Control 'Media' (or Networks)
"Senior AI Reporter" at Slop Technica/Ars Sloppica Has Written Nothing in Nearly a Week, Did Conde Nast Suspend Him for Fake Articles With Fake Quotes?
Slop Technica/Ars Sloppica is having a serious credibility issue right now
Linux Foundation Puts Slop Images, Not Just Slop Text, in Linux.com
More of the same then
The Register MS Paid-for 'Articles' (Ads) Seem to be LLM Slop Again
If it's true that The Register MS is resorting to these marketing tactics, will they later delete the evidence (as they did months ago)?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 17, 2026
IRC logs for Tuesday, February 17, 2026