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

The Empty Suits of IBM Managers (NIH or "Nothing Invented Here")
IBM's management adopted the business model of parasites
Dr. Stallman’s Work Will Never be Considered 'Mainstream' Because He Rejects and Works Against the So-called 'Mainstream'
Try to be more like Stallman
EPO "Cocaine Communication Manager" - Part IX - Cocaine Addicts in Charge of the EPO Attacking Families of EPO Staff
Things like being high-profile and being a serious drug addict aren't opposites
 
SLAPP Censorship - Part 22 Out of 200: When You Complain People Impersonate You in IRC (But You Yourself Impersonate People in IRC and Lock Them Out of Their IRC Handles)
We'll cover this with direct evidence some time soon
Gemini Links 24/03/2026: Junk Drawer Time Capsule and Building Outside Alire
Links for the day
Not Much LLM Slop About "Linux" Lately, It Only Ever Comes From the Same Few Sites
As long as only few such sites use LLM slop we can skip and avoid them
Links 24/03/2026: "Epic Lays Off Over 1000 Employees" and US in Financial Trouble According to the Fed
Links for the day
The "Media" Does Not Only 'Miss' Mass Layoffs
"The Treasury just declared the U.S. insolvent. The media missed it"
2012: 'Secure' (Microsoft-Controlled) Boot Has Not (Yet) Been Made Obligatory. 2026: systemd Has Not Implemented Age Verification
should we stop calling "nazi" everyone we don't agree with?
More Threats (Including Physical Threats) Against Us Are a Dumb Move
It's like a "hit list" (targets list) and I shall keep the police duly informed
New Example of Pentagon in "Feminist" Clothing Inside Fake News of Publishers Paid to Promote Outsourcing to US ("Clown Computing") and American Slop
Google now pays money to promote Google as a friend of women
Hating Techrights is a Career
but is it good for civil society?
The New Layoffs: 'Silent Layoffs', 'Secret Layoffs', 'Quiet Layoffs', 'Passive Layoffs' 'Stealth Layoffs', and Unannounced Layoffs Disguised as Return-to-Office (RTO Mandates)
The US needs to revisit and fix the WARN Act
What Feminism in Science Means (Codes of Conduct Don't Tackle the Real Issues)
Universality matters, more so in a project or community that's said to build the "universal operating system" (Debian)
SLAPP Censorship - Part 21 Out of 200: It's About Behaviour Online, Not How Much Money From Shadowy Third Parties Gets Spent on Lawyers and Two Barristers
75+ KG of legal papers, 2 cases, 2 barristers (one hiding in the metadata) and maybe two law firms (also hiding in the metadata) against two modest people in Manchester seems disproportionate and vindicative
Links 24/03/2026: "Airports on ICE" and "Have You Paid Your “Intuit Tax”?"
Links for the day
Gemini Links 24/03/2026: Slop Interview and Why Slop Makes Lousy Code
Links for the day
Richard Stallman to Give Public Talk This Thursday at the University of Bologna (Italy)
Hardly the first time he speaks in Bologna
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 23, 2026
IRC logs for Monday, March 23, 2026
Gemini Links 23/03/2026: "Mandatory" Bad Things and Dangers of Perfection Aspirations
Links for the day
SLAPP Censorship - Part 20 Out of 200: All Roads Lead to Rome and to GAFAM Funding
Now about 10% into this series
Last Week's EPO Strike Was the Biggest (Highest Participation Rate), Hours Ago General Assembly Discussed Next (Growing) Intensity of Strikes
Well done and well attended
Mass Layoffs at HashiCorp, IBM Hid Them
The media did not mention those layoffs
Microsoft Downgraded on Concerns (Lack of Growth) Amid Silent Layoffs in 2026
The press isn't functioning anymore
Links 23/03/2026: Gulf Water at Risk, Heatwave in Malaysia
Links for the day
Slop Means False, New Article by Cybershow
"We are living in a world that is rapidly divesting from reality."
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026
Streisand Effect and Justice
This weekend this site has served over 8 million Web requests
Gemini Links 22/03/2026: "Woman of Tomorrow" and "First Steps in Geminispace"
Links for the day
SLAPP Censorship - Part 19 Out of 200: They Were Ill-prepared for Tough Questions in Cross-Examination
Very ill-prepared for the deteriorating situation caused by their clients' past behaviour towards many people, including high-profile figures who offered to testify
The Media Sold Out to Slop Bros
If you wish for the hype to stop, then stop participating in it
EPO Strike a Week From Now, After That Strikes Can Become Permanent
A week from tomorrow there will be another strike
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026