Bonum Certa Men Certa

Haar Mentioned as Likely Site of Appeal Boards as Their Eradication or Marginalisation Envisioned by UPC Proponent Benoît Battistelli

Wouldn't that be metaphorical given Battistelli's plan (all along) for the boards and mistreatment of ill staff?

Haar hospital
Reference: The Killing of Psychiatric Patients in Nazi-Germany between 1939 – 1945 [PDF]



Summary: Not only the Staff Union of the European Patent Office (SUEPO) is under severe attack and possibly in mortal danger; the increasingly understaffed Boards of Appeal too are coming under attack and may (according to rumours) be sent to Haar, a good distance away from Munich and the airport (half an hour drive), not to mention lack of facilities for visitors from overseas

SUEPO (the only dominant EPO trade/staff union) leaders must be busy with their legal cases against EPO management (one to start/resume upon appeal later this year in the Supreme Court at The Hague, the other one having just started exactly a week ago), so it is not saying much about the monumental injustices at the EPO, at least not publicly. Having said that, anonymous voices continue to appear at IP Kat's comments, in spite of lack of coverage there about the EPO's situation (nothing for weeks now).



A few comments there are floating new rumours about the fate of the appeal boards after they got punished for disloyalty (to Battistelli, not to the Office or the Organisation). Much of this began with a discussion about the UPC, which all along threatened to make the appeal boards obsolete, in due time. The UPC was first brought up in light of the decline/demise of justice at patent courts, as we noted a couple of hours ago (tackling patent examination justice). To quote the whole comment:



What good will it be to them to have good patents if their competitors can shut them down with vague and broad patents at the UPC?

A very important fact has been forgotten in Merpel's article: the president of the council did not distanciate himself from the interference from Battistelli. Look at the text of the decision. Basically, what this means is that both the council and Battistelli view the enlarged board of appeal as subordinate to them and not as independent. The council did not object in their latest session.

In plain words: the enlarged board of appeal was expected to simply rubber-stamp a decision already taken. Even if the investigation was fraught with problems as some of the earliest comments in this thread noted.

These are the standards of justice of Battistelli and, we now understand, from the council. That is basically what the decision says.

Now, the all new UPC is created behind closed doors by the very same persons. How high do you expect the judicial standards of the new court to be?

Bonus question: how do you expect your clients to protect themselves against future decisions of the UPC?


There is a direct response to the above concerns about the UPC. "The danger comes when a court (UPC or any other) starts with a presumption of validity, just because it's a European patent," the following comment notes, reminding us of what happens in the USPTO and US courts, especially the ones in Texas:



Not sure I follow the logic here. I'm not saying that the national route produces stronger patents. I'm saying that, whereas the EPO previously provided a useful due diligence service (search and examination), this has now been diluted to the point where the national offices offer a competitive and lower-risk alternative.

Crap patents are fine, just as long as everyone recognises that they're crap. The danger comes when a court (UPC or any other) starts with a presumption of validity, just because it's a European patent.


An anonymous response to this said:

Crap patents are not fine, even the USPTO is getting convinced. And if the UPC independence is of the same kind as the enlarged board of appeal indepence, that is not fine either.

The article above describes a very serious problem. In most countries, interfering with the independence of justice would trigger a constitutional crisis.


In response to that, once again, the Turkey analogies came up:

The article above describes a very serious problem. In most countries, interfering with the independence of justice would trigger a constitutional crisis.

Apart from Turkey where a constitutional crisis triggers an interference with the independence of justice ... :-)


"The Boards of Appeal are now paying a very high price for asserting their independence," noted the following commenter, correctly insinuating that this 'exile' (not as far as Vienna as feared last year) is a sort of punishment:

The Boards of Appeal are now paying a very high price for asserting their independence. Following the approval by the Administrative Council of the reform proposed by Mr Battistelli, they will firstly be exiled to a corner of the Munich area, viz. Haar, which is very well known for its psychiatric hospital, possibly a humorous touch introduced by the president.

Secondly, renewal of the members' appointment every five years, which used to be the default (in fact, it has never happened that a member was not re-appointed) is now subject to, among other, a performance evaluation. Coupled with another element of the proposal, i.e. to increase the cost coverage for appeals from 6,3% to 20-25%, firstly by increasing the members' productivity, there will now be a high pressure on members to focus on production if they don't want to lose their job. And if they lose their job, taking up another job will now only be possible after approval by the Administrative Council.

Finally, Board of Appeal members will be excluded from "step advancements", which are open to all other staff at the EPO, i.e. the members' salaries will be frozen.

It was already known that if Mr Battistelli doesn't like you, he will hit hard. He has proven this again with the reform package for the Boards of Appeal.



Here is more about the Haar rumour:



Do you have good reason for believing that the BoA will be moved to Haar?

EPO – CA-43-16 Rev. 1: "As a main precondition, criteria like good traffic links and appropriate accommodation standards were taken into account".

Although I do not know much about it, I doubt that Haar would satisfy this main precondition. For a start, there appear to be very limited hotel and restaurant facilities in the immediate vicinity of the S-Bahn stop, which is itself a significantly longer journey (by S-Bahn) to / from the airport.

Also, is there not going to be any consultation with users about this? If the decision is Haar, then I can envisage the users getting hopping mad about this - especially as they would be paying significantly more in appeal fees for the "privilege" of having an additional journey out of Munich centre to stay in hotels that may be unappealing to some. And all to address what the users have consistently argued was a non-issue, whilst no real progress (in fact, quite the opposite) has been made in addressing the substantive issues relating to the independence of the BoAs.

I know that a proposal for a new BoA location has to be put to the Budget and Finance Committee, but am unsure if the AC needs to take a formal decision upon that proposal. If so, then it looks like users will need to engage in intensive lobbying of AC representatives if the proposal really is for somewhere outside of Munich centre.


And responding to the above one person wrote:



Like someone wrote above, GET REAL.

What consultations were there in the first place regarding the so-called "reform" of the BoA? What was the public's input in that hastily load of garbage pompously called a "plan"?

Were the outcries of the public, judges, etc. heeded when a BoA member was given the virtual sack for what was apparently a crime of lèse-majesté?


The latest comment was posted this morning and said:

If the rumours are true, it looks EPO will be gaining an office that is outside of Munich city centre and that (compared to the Isar building) is more difficult for visitors to Munich to reach and is by far less well supplied with hotel accommodation, restaurants and other facilities that such visitors will need.

If the EPO management were being truly practical about this, then they would decide that such an office really ought to be occupied by the department(s) of the EPO that receive the fewest visitors. Given that pretty much everything that the Boards of Appeal do involves summoning visitors to Munich, I am certain that it makes no sense whatsoever to move them to Haar.

With this in mind, if the EPO president really is determined to physically separate the two current residents of the Isar building, then logic dictates that it really ought to be the other resident (that is, the president himself) who moves to Haar. Anyone up for lobbying the representatives to the AC to vote for this alternative?


Well, "lobbying the representatives to the AC," as the above put it, might be an exercise in futility given their demonstration of (almost) blind loyalty to Battistelli in the last AC meeting. One person earlier on wrote:

The Enlarged Board of appeal did not rubber-stamped the decision that the president and the council asked them. Probably for this reason they are going to be moved, although several suitable buildings are available in Munich, to Haar, a village outside Munich mostly known for its lunatic asylum. Next time they will think twice before taking a decision that does not please BB or the council. So much for the judicial independence.


There is no judicial independence and there is no justice at the EPO anymore. To make matters worse, as one commenter put it:



It seems that some applicants have their offices in the same building complex.

The board members will improve their perceived independence by discussing the inventions directly with the inventors at lunch.


Yes, exactly. What a horrible move that would be. Instead of sending the boards to Haar maybe it's time to send Battistelli to Haar. As one of the above comments noted, Haar "is very well known for its psychiatric hospital," which sounds like something Battistelli could use. They can give him some toys to break rather than let him break people (and lives or even families as per the recent survey) at the EPO.

Recent Techrights' Posts

Before the OSI Was Bribed and Hijacked by Microsoft via GitHub and Compromised Management...
The OSI isn't even remotely "woke"
The OSI Has Been Silent for Over 3 Weeks, It Has a Severe Trust Issue After Promoting Microsoft and Proprietary GitHub
OSI took a lot of money from Microsoft to become a Microsoft lobbyist
Bribery is OK If You Work for Microsoft (No Punishment Expected)
It's very troubling and a symptom of a broken society/system when particular laws or rules are applied and enforced against some people but not against others
Someone Should Remind Microsoft Lunduke That Microsoft Hires Many Sexual Criminals and Pedophiles as Well
Microsoft Lunduke on an "expedition" to find one or more perverts, then generalise to everyone in the "community"
Cash Machines (ATMs) Make Mistakes and They're Proprietary Software
Correcting mistakes is a colossal challenge
Yes, Microsoft is the Problem
"I am no MS shill."
Another Failed Use Case for Chatbots (LLM): Legal Advice and Analysis
They're just some self-discrediting toy that costs way too much to operate
 
Google 'Search' is Fast Becoming No Better Than Social Control Media Infested With Bots
Google emerged almost 30 years ago as a company looking to organise the Web and direct people towards informative pages. That Google is dead.
PCLinuxOS Had Functional Backups Before the House Fire, the Site Will be Restored in New Webhost
This is the direction we want for GNU/Linux, not some IBM sales strategy
Gemini Links 30/07/2025: Two Sides of Me and "Hooked on Cosmic Voyage"
Links for the day
Microsoft Will Continue Resorting to Crimes in Order to Keep GNU/Linux Usage Down
It is a real problem and we'll revisit it later this week
GAFAM 'Revolving Doors' at The Register and a "Bribe Price List"
"an analyst at Microsoft"
Microsoft Rapidly Shrinking (No, It's Not About Efficiency, It's About Unbearable Debt)
We'll soon see how much debt grew in the past quarter
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 29, 2025
IRC logs for Tuesday, July 29, 2025
Corruption is the Standard Operating Procedure at the European Patent Office (EPO)
The EPO is a dictatorship that stains Europe
Local Staff Committee Munich (LSCMN) at the European Patent Office (EPO) Requests an Urgent Meeting to Avoid Abolishing the Office
This is dictatorship led by the most corrupt
Slopwatch: Fake 'Linux' 'Articles' and Spamfarms/Slopfarms
at least 5 fake articles in one day
Gemini Links 29/07/2025: Wayland Unfit for Use and LLM Slop Faking One's Language Skills With Robot Communications
Links for the day
Nailing the "Hey Hi" (AI) Hype Bubble
So-called "hey hi" as they define it now is all about large companies or regimes remotely controlling the processes running on your machine and even your very own behaviour on your machine, which is in effect no longer your machine but some remotely controlled apparatus
"Four decades; Four freedoms; For all users" Now as a T-shirt
That's shown along the sidebar
Links 29/07/2025: Bad Climate and "Fair Software Licensing" Blasts Microsoft
Links for the day
Links 29/07/2025: Data Brokers Gone Wrong/Rogue and "Copyright Thicket"
Links for the day
Slopwatch: Linuxconfig.org, Linuxsecurity.com, Fagioli, The Register
Today's "Slopwatch" isn't the first article about LLM slop
We Cover Topics Other Sites Are Too Afraid to Cover (Even When They Know the Facts)
It's not that they doubt the truth, they just realise there may be consequences for talking about it
They Try to Tell Us the Free Software Foundation Inc is Dying, But Its Revenue Doubled Since the Dot-Com Bubble Burst
Being in "Activism" is never easy; but it does positive things for society
It's About the Cost of Workers, Not the Fictional Skills Shortage (That Does Not Exist, the Media Spreads False and Sometimes Self-Fulfilling Narratives)
This issue isn't limited to computing, some dub it "globalism"
Links 29/07/2025: More Pushbacks Against Slop and More Praises of Tom Lehrer
Links for the day
Gemini Links 29/07/2025: Purple Yarrow and Understanding Op Amps
Links for the day
This Monday WebProNews Absolutely Flooded the Web With Fake (LLM Slop) 'Articles' About "Linux", Google News Promoted Them as Legitimate
All of the following are fake articles attributed to pseudonyms or authors that don't exist; the images are also slop. Why does Google promote these?
Linuxiac is Not a Slopfarm, But at Least Some of Its Articles Are Machine-Generated Fakes
what we said about it was correct
Expect More Microsoft Layoffs
"Are more job cuts coming?"
Microsoft Behaving Like It's Running Out of Money to Pay Salaries
Does that seem like the behaviour expected from a company which claims it is "worth" trillions?
LWN Downtime Due to Linode, Not LLM Bots
"I’ve received an email letting me know that there is a potential for data loss."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 28, 2025
IRC logs for Monday, July 28, 2025
Nonfree Software in My Bank, by Richard Stallman
Updated 8 hours ago
Links 28/07/2025: Science, Health, and Conflicts
Links for the day
Gemini Links 28/07/2025: Healthy Self-Image With Autism and a "New Life"
Links for the day
Links 28/07/2025: COVID-19 Sped up Brain Aging, "Circumvention is More Popular Than Compliance"
Links for the day
Richard Stallman is Usually Right Because He Thinks "Outside the Box"
he is able to observe society (mores and norms) as somewhat of an outsider
LWN Has Been Down for a Long Time, Another Casualty of LLM Bots?
Time will tell. How much time though?
Slopfarms Versus 'Linux' (and Against People Who Write Real Articles About GNU/Linux)
LLM slop in slopfarms by Brian Fagioli and Redazione RHC
Gemini Links 28/07/2025: Bila Yarrudhanggalangdhuray and Running pkgsrc in a FreeBSD Jail
Links for the day
Microsoft Turns News Sites Into Spamfarms
Is the site The Register MS the next IDG?
The Register MS/The Register US
On Saturday I contacted them for a comment (before issuing criticism)
Hacking revelations at Vatican Jubilee of Digital Missionaries
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 27, 2025
IRC logs for Sunday, July 27, 2025