Bonum Certa Men Certa

Battistelli's Destructive Actions Will Drive EPO Applicants Away to National Patent Offices, Putting at Risk the Whole EU-Wide (and Beyond) Project

So much for 'unitary' and 'best' patent office (based on EPO-connected punditry)

EPO features



Summary: Battistelli's regressive policies and extremely bad behaviour increasingly motivate people to avoid the EPO, which serves to reinforce the observation that Battistelli has become an existential risk to the EPO with his huge spendings on self-glorification, militarisation, and dubious secret contracts

THE LEGACY of Battistelli -- irrespective of when he leaves the Office -- will be one for the books. Battistelli won't be remembered as anything but a tyrant who was so widely loathed by his own employees that his approval rate stood at a flat 0%, triggering warnings of a crisis inside the Organisation. Some top managers have left (or decided to leave) since.



Earlier tonight The Register composed a piece about the latest attack on the appeal boards, which the Office proudly lies about (the Office is accustomed to lying to staff, journalists and so on). Here is a portion of the article:

A determined effort to oust European Patent Office (EPO) president Benoit Battistelli amounted to nothing this week, as representatives from European countries instead spent two days rehashing a reform proposal.

The meeting of the EPO's Administrative Council in Munich had threatened to become a showdown over Battistelli's increasingly autocratic behavior – a situation the EPO's staff encouraged by attempting to serve legal papers on the president and sending messages to council members asking them to fire him.

The council decided to effectively ignore ongoing disputes between staff and management however, punting the relevant agenda items to their next meeting in October.

Instead, the meeting focused on reform of the organization's Boards of Appeal (BOA), which had themselves proved controversial due to Battistelli's efforts to afford himself additional powers over what is supposed to be an independent body and process.

The council threw out the powergrab, approving a reform system that saw a new Boards of Appeal Committee set up as a subsidiary of the Administrative Council, and a newly created President of the BOA that will absorb some of the powers currently held by the EPO President.


At the moment, the sole comment there says "So very European," which shows to what degree Battistelli has disgraced Europe, not just the EPO. He creates resentment towards EU institutions and distrust of/against French people, which as we noted earlier this year is a good reason for French politicians to stop him.

"Battistelli won't be remembered as anything but a tyrant who was so widely loathed by his own employees that his approval rate stood at a flat 0%, triggering warnings of a crisis inside the Organisation."George Brock-Nannestad, an occasional commentator who writes about the EPO, left a strongly-worded comment today. He said "it is no longer responsible to recommend obtaining a patent via the EPO," directly as a result of Battistelli's actions that can kill the Office in the long run. Don't take the EPO for granted; when millions of Euros are spent essentially buying the media and tens of millions of Euros get thrown at private companies without even a tender we probably need forensic accountants to pay a visit, if Eponia permits it (even a bailiff is hardly allowed near the postbox and Croatian authorities struggle to successfully summon Željko Topić, who refuses to attend hearings about his alleged corruption). Here is Brock-Nannestad's full comment:

The development, or rather winding down of the quality at the EPO is very saddening and yet another blow to the stability that permitted a certain amount of complacency of the professionals.

Apparently, nobody among those who are responsible for carrying out the letter and intentions of the EPC have any historical perspective. Like politicians they are only concerned with getting re-elected and of financing their seat [almost like in the US, where fundraising seems to be the main activity of those elected to Congress, at least by some reports].

However, changes that may be carried out in one year to what was a complete application processing system will have repercussions for 15+ years, and those users that need to consider where to put their “insurance” money cannot risk obtaining superficially shiny patents that hide structural weaknesses, and on the other hand they cannot tolerate similar quality patents from their present or future competitors.

For consultants to smaller enterprises at least, the lesson is clear: it is no longer responsible to recommend obtaining a patent via the EPO, and the sooner alternative solutions are found on an individual basis, the better, because then the reforms at the EPO will not be felt.

The remaning problem will be an overabundance of unworthy patents from the competition, compounded by the ease with which the wise fathers expect the Unified Patent to be obtainable, that is, what defences can smaller enterprises muster against patents that go from irritants to (almost) trollls? We are not foreseeing a move to remove the European Opposition as a legitimate means of defence (but who am I to predict anything?), and that is what is needed.

9 months (and much more, if you have an early awareness) is definitely sufficient to structure supplementary searches and to study the paltry arguments for patentability that we see more and more. There is indeed a matter of cost, but smaller enterprises have ganged together in the past in order to protect their mutual interests, and paying a patent opposition membership fee corresponding in some agreed way with their turnover. And remember, due to the asymmetry of the EPC, the losing proprietor cannot go to the courts to try to reverse the decision and thereby gain further extortion time. Even if the EPO were to reject all oppositions, the opponents still have the courts available.

I think we need to think this way, and the AC members will not really be opposed: their patent offices will once more have responsibilities, and if they cannot lift them now, due to complacency and heavy reliance on EPO examination service contracts, they will b....y well have to re-charge their batteries. The EPO project will be a parenthesis in history, a brain trust of huge dimensions will disintegrate, and there will be human sacrifices. Let us celebrate the 30 years during which we were proud, but we must move on.

My candidate for a single country in Europe in which it would be worthwhile to apply in all cases, is Germany. Dependent on your purse and competitive situation you would choose other countries as well. We are back to before 1978! Luckily there are still some practitioners out there with experience that goes that far back.


An ex/former UK-IPO examiner argues that AC delegates "not wishing to show ignorance will tend to follow the herd" and thus they're accepting Battistelli's proposals, never mind money and free dental care. To quote:



I fear that we have seen BB using the BBB principle to good effect (BBB = "Bullshit Baffles Brains", and old UK Armed Forces saying). I know nothing about the AC delegates, but it seems to be a law of nature (as expounded many decades ago in the classic textbook "Parkinson's Law"), that the sort of person who ends up in a committee like the AC, has seldom had "hands on" experience in the day-to-day operation of the organisation that they represent (often having come in from another field at high level), and, not wishing to show ignorance, will tend to follow the herd, especially if arguments are presented forcefully enough.


The EPO, argues this one person, is "expensive and unpredictable. It may be OK for the big boys, but it's no longer a sensible option for SMEs." The same is true for UPC, which Battistelli strives and works hard to make a reality:



National patents are suddenly much more attractive. Especially as many of the main patenting states have relaxed their requirements for local representation. The national route is now highly cost effective, and much less risky than putting all your eggs into the EPO basket. The EPO's new appeals regime makes the whole EPO route much too expensive and unpredictable. It may be OK for the big boys, but it's no longer a sensible option for SMEs.


Here is an explanation of why AC delegates are not speaking about Battistelli's abuses and his many sackable offenses; instead he attacks those whom he abused even further (collective punishment a possibility for their defense of a colleague) and delegates just mindlessly play along:



Upon further reflection, it is possible that some interesting (deliberate) tactics may have been employed by BB at the latest AC meeting.

The reason for reflecting is this: why was the discussion of the reform of the BoAs so pressing (i.e. no. 1 item on the AC's agenda), so complex (i.e. involving multiple proposals that, for no good reason, were tied together by the Office) and so controversial (i.e. so blatantly against common sense as to guarantee vigorous debate at the AC meeting)?

It could perhaps be that BB believes that the best form of defence is attack. If he can control the agenda and tie the AC in knots with a debate on the first item, then he neatly side-steps an issue that could have truly seen him in the firing line. He also gains months (instead of only days) to prepare his defence to any criticisms stemming from the recent EBoA (Article 23 EPC) debacle.

It may well be a lot more complicated than that. However, if it really was that simple, then the delegates to the AC need to wake up to the fact that BB may well be playing them for fools.


It should definitely be noted, just in case intention is misunderstood, that I'm a big proponent of the EU and also a defender of the EPO as an EU-wide project (and beyond the EU). However, what goes on right now inside the EPO means that Europe will lose on competitiveness and damage its reputation. The sooner Battistelli is tossed out along with his cronies, the better. We're now approaching the point where doing so might be too late (boards of appeal are already being scuttled, making the situation irreversible and decisions virtually irrevocable).

Recent Techrights' Posts

More Microsoft-Red Hat Cross-Pollination as the Company Loses a Managing Director
some people move from Microsoft to Red Hat and some do the opposite
Cloudflare Gives Us All Another Reason to Boycott Cloudflare
If Cloudflare wants to use its vast surveillance network (which is what it does as a CDN) to foist paywalls and maybe something worse (like DRM on top), then Cloudflare should be more widely rejected as a company
The Free Software Foundation (FSF) Has Un-cancelled the Best People, Just in Time for the Big 4-0
Mr. Oliva should have been there all along (since 2019)
Most "Modern" Technology Makes You Slower and Dumber
Because proprietary software makes you worse off
"What Comes After Free Software?" Wrongly Insinuates We've Reached the Goal (Prison is Not the Goal)
The oil tycoons use similar tactics against environmentalists, giving them fake "wins"
Making More Work Space
I learned the hard way that less is more in circumstances where more means distraction
MAHA is a Lie, Public Officials Never Valued Citizens' Health (They Still Value Private Businesses, Their Sponsors)
Reject demagogues
 
Science is Under Attack
Oligarchy prefers a dumbed-down population
Someone Expiring Certificates on the Day of the 9/11 Attacks is Not Someone I Would Want Controlling My PC (or Deciding What's Authorised for Booting)
"social justice warriors"
The Solicitors Regulation Authority (SRA) Has Reportedly Failed People With Wrong Advice
At the moment the SRA has a PR blunder
The Man Suing Brett Wilson LLP and Gervase de Wilde (5RB)
Now he's probably using the (almost) 200,000 pounds he's supposed to receive to sue Brett Wilson LLP and former colleagues/partners
Slopwatch: A World Wide Web That's Rotting for Companies That Won't Even Exist in a Few Years
some of the junk Google News is promoting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 23, 2025
IRC logs for Tuesday, September 23, 2025
Links 24/09/2025: Qt Creator 18 Beta, Microsoft Cannot Bail Out "ChatGPT" Anymore, China and US Intensify Censorship
Links for the day
Gemini Links 24/09/2025: Gemlogs and Politics
Links for the day
Links 23/09/2025: Japan Limits Uses of Skinnerboxes ('Smartphones') With Toxic "Apps", Fentanylware (TikTok) Tapped by "MAGAts"
Links for the day
Brett Wilson LLP Has Just Been Sued (by Their Own Clients!)
Vladimir and Alla Yanpolsky sued Brett Wilson LLP in BL-2025-001167 at the end of last week
The Complaint About Brett Wilson LLP - Part II - UK SLAPPs for Americans, SLAPPs for Profit
Brett Wilson LLP has a track record of this kind
Mayday: Optus emergency calling crisis
Reprinted with permission from Daniel Pocock
Links 23/09/2025: Massive Data Breach, Slop Versus Productivity, and Vista 11 Update Breaks Things Again
Links for the day
Code of Censorship
Extortion is peace
Free Software Foundation (FSF) Has a New Press Kit for the Weekend After Next Weekend (40th Anniversary)
miles better than social [sic] media [sic] quips, moderated by narcissists and oil tycoons.
Microsoft Had Two Waves of Mass Layoffs This Month (That We Know of) and It'll Get Worse for Microsoft Soon
Will the axe fall again by month's end?
Gemini Links 23/09/2025: Happy Equinox, Photronic Arts, and Perception Cognition
Links for the day
Lessons We've Learned After 17 Years of American Hosting
GAFAM is "all-in" with the "Trump agenda"
Back to Normal Now, We Plan to Do More In-Depth Series (or Multi-part Stories)
Articles (or series thereof) that contain philosophy are important to us
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 22, 2025
IRC logs for Monday, September 22, 2025
Microsoft Media is Panicking Amid Mass Layoffs Every Month, H-1B Fees, and "Seattle’s Tech Scene in Trouble"
In "late stage Microsoft", copyleft becomes proprietary
The Next Wave of IBM/Red Hat Layoffs Being Discussed Already
Red Hat is sort of disappearing the way Tivoli did
New Techrights Turns 2
Today starts the third year of the SSG-based Techrights
What Scares Them the Most is Independent News Sites That They Cannot Control and Censor
Wikileaks was a good example of this
If You Don't Control Your Online Platform, Then Someone Else is Controlling You
be (or become) independent
Oracle Started This Year With Slop. Then It Stopped.
Passing fads are like this
Distros That Run on PCs Made 20 Years Ago and Don't Use Systemd
Betas for now
The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
The Complaint About Brett Wilson LLP - Part I - Abusing British Women on Behalf of American Men Who Abuse American Women
Transparency is important to us, so we've decided to make this series
Slopwatch: Google News and the Evident Slopfarm Infestation
This is what people get about Linux when they query Google for Linux
Links 22/09/2025: Murdochs Might Join Fentanylware (TikTok) 'Investors' (Masters), United Kingdom Recognises Palestinian Statehood
Links for the day
Gemini Links 22/09/2025: Esperanto Music History and Apps For Android
Links for the day
Links 22/09/2025: More American 'Censorship' (Retaliation for Journalism), Cheeto "Might Be Losing His Race Against Time"
Links for the day
The Blob Slop
Give me more words, give me some text
The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025