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

IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
 
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026