Bonum Certa Men Certa

The 'Administrative' Council is to Benoît Battistelli What FISA is to the NSA

Even illegal surveillance inside the EPO is passively accepted by the 'Administrative' Council of the European Patent Organisation (EPO)

FISA article
Reference: FISA Court Appears To Be Rubber Stamp For Government Requests (NPR, 2013)



Summary: The growing realisation that the so-called 'Administrative' Council is little more than rubberstampers of Benoît Battistelli, who controls their national budget

LATER this year we will have written over a thousand articles about the EPO. Not much has changed as not only Benoît Battistelli remains in power but also Željko Topić keeps his job (possibly to have the term extended, unless the 'Administrative' Council finally learns to say "no").



The upside is that a greater proportion of EPO workers now knows the truth about the employer. The same goes for stakeholders like patent attorneys and European companies. "At the end," one person wrote yesterday, "whatever Battistelli proposes will be approved - with cosmetic amendments to save the face of everybody in the AC." ('Administrative' Council)

Here is the comment in full (CIPA represents clients):

as the CIPA already did before they were approved, and Merpel too, we can go on and dissect these rules after their approval and find further problems - look, without being an expert I can even do that:

On a proposal from the President of the Boards of Appeal and after the President of the European Patent Office has been given the opportunity to comment

First the president of EPO makes a comment and then the President of the Boards of Appeal makes the proposal ... but what if the comment of the President of EPO is "I don't like that"? What happens then? Does the resident of the Boards of Appeal still make the proposal?

We shall not forget that the President of the Boards of Appeal himself is dependent from Battistelli for his appointment or reappointment ...

What I mean is: the fact that we are all here mentally masturbating [Merpel you can amend that] about possible scenarios deriving from the application of these rules means that they are not clear - there does not seem to be a definitive flow chart.

But the real truth is ... neither the AC nor Battistelli seem to care about your comments and analysis - or the one of the CIPA, or the users, or Merpel, or AMBA.

You can scream from the top of your lungs "this is unclear!", "this reduces the independence of the BoA!" - it seems to have quite the opposite effect: they adopt the rules even faster - overnight.

Stop it.

It's wasted time. At the end, whatever Battistelli proposes will be approved - with cosmetic amendments to save the face of everybody in the AC.

Remember, it has been declared that "this is an historic achievement" - who are you to go against history?


The defeatism has not turned into humour. "Clearly," wrote another person, "in this instance, they are only rubberstampers." In other words, delegates became somewhat of a laughing stock like FISA authoritising surveillance in the US (never saying "no", even if its job is oversight). To quote the comment:

The new Rule 12c says “On a proposal from the President of the Boards of Appeal and after the President of the European Patent Office has been given the opportunity to comment, the Committee set up under paragraph 1 (BOAC) shall adopt the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal. “

"Shall adopt"? No possibility to amend, or comment themselves, or not adopt unwanted RoP? What is the Committee then needed for? Clearly, in this instance, they are only rubberstampers. A clear step towards dependency. But not necessarily towards dependency of the President of the EPOff[ice]. The PoBoA can impose any rules he wants, and since his renewal is dependent on the President,.... But he can also implement any rules he wants against the wishes of the PoEPOff. The PoEPOff can only comment, not amend.


Two years ago there were rumours suggesting that the 'Administrative' Council, and notably Mr. Kongstad, should be viewed as complicit (not apathetic) in relation to Battistelli. The latest 'Administrative' Council meeting left few doubts about that. The problem isn't just the patent Office but the whole Organisation. It's almost as though Battistelli elevated himself from Office President to Organisation President (having previously held Kongstad's position).

Recent Techrights' Posts

From Do Your Own Research to Do Your Own Search
The Web is full of garbage; search engines amplify this garbage
 
Peter Moon's (Computerworld) Interview With Richard Stallman
Stallman: If you want freedom don't follow Linus Torvalds
At What Point Does Outsourcing Constitute Malpractice?
Brett Wilson LLP's new staff page is misleading
United Arab Emirates (UAE) Sailing to GNU/Linux, According to statCounter
countries in that region will quickly learn the price of neglecting digital sovereignty
More People Moving to Geminispace?
at age 6+ Gemini Protocol seems to have gained some maturity and it seems like more people use it
Permutation in LLMs Does, Inevitably, Change Meanings and Therefore LLMs Cannot Properly Rephrase or Summarise Texts
LLMs lack actual grasp or comprehension of what they spew out
Links 23/06/2025: Many Security Breaches, Population Declines
Links for the day
Gemini Links 23/06/2025: "America at the Crossroads" and OpenWRT Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 22, 2025
IRC logs for Sunday, June 22, 2025
Pure Dove
Different means different, and sometimes those who "deviate" from "the norm" have a point
Censorship is a Sign of Weakness Which Invites More Censorship Attempts
revolutionaries don't succumb to pressure from bullies
Why It's Unlikely That LLM Slop Will Dominate the Web in the Long Run
Slopfarms will eventually perish (they have no actual value) and "survivors" on the Web will be sites that never depended on search engines and social control media
GNU/Linux in Argentina Now Measured Near 5%
Like in central Europe, they must be seeing an increasingly hostile US
BetaNews is Fake News, Composed by LLM Slop
nothing in BetaNews is written by humans anymore
Links 22/06/2025: Giving Up on Smartphones and 'Jaws' at 50
Links for the day
Gemini Links 22/06/2025: Furniture Construction and Bubble for Comments
Links for the day
Links 22/06/2025: Windows TCO Tales and YouTube Getting More Hostile to Users
Links for the day
The FSF Board and FSF Beard
So the FSF's Board has grown
Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day