Bonum Certa Men Certa

Letter From the Dutch Institute of Patent Attorneys (Nederlandse Orde van Octrooigemachtigden) to the Administrative Council of the EPO

Netherlands Institute of Patent Attorneys Source: Netherlands Institute of Patent Attorneys



Summary: The Netherlands Institute of Patent Attorneys, a group representing a large number of Dutch patent practitioners, is against Benoît Battistelli and his horrible behaviour at the European Patent Office (EPO)

"An interesting new document has come to light," told us a source this morning about the EPO. "It is a letter dated 12th of February 2016 which was apparently sent on behalf of the Dutch Institute of Patent Attorneys or Nederlandse Orde van Octrooigemachtigden to the Administrative Council of the EPO. The letter does not pull any punches and is worth reading in full."



“The letter does not pull any punches and is worth reading in full.”
      --Anonymous
Our source "doesn't know whether Kongstad actually distributed this letter to the other members of the Administrative Council or whether he colluded with Battistelli to suppress it. But now that it has finally come to light it may be worth publishing."

We have taken a look at this letter and highlighted important bits below. Worth noting is the attorneys' concern about the reputation of the Office and the lack of action from the Administrative Council.

European Patent Organisation Administrative Council C/o Mr. Jesper Kongstad, Chairman Bob-van-Benthem-Platz 1 D- 80469 Munich Germany

Also by e-mail: jko@dkpto.dk/ council@epo.org/ council_secretary@epo.org

The Hague, Februari 12th, 2016

Dear Mr. Kongstad,

On behalf of the Dutch Institute of Patent Attorneys or Nederlandse Orde van Octrooigemachtigden (Orde), we want to draw your attention to the following issues. The Dutch Institute of Patent Attorneys is the professional organisation of Dutch patent attorneys. The existence of the Orde is enshrined in the Dutch Patent Act and membership is mandatory for all Dutch patent attorneys. Our members (around 500) are active in private practice as well as in the industry. Most of our members are also European Patent Attorneys and act regularly before the EPO.

The European Patent System is on the brink of a new era. The Unitary Patent System (UPS) and the associated Unitary Patent Court (UPC) is a new and significant step forward. It will improve the patent system in Europe and make it more reliable and attractive for its users, both legally and economically. In particular, the UPS/UPC intends to make Europe more attractive compared with the other major patents systems such as those of the United States, Japan, China and South Korea. The Orde believes that such enhanced cooperation is the way forward in a globalising economy wherein the value of an enterprise more and more relies on the value of its intellectual property. We fully support and endorse such endeavours.

The Orde understands that organisations such as the EPO have to reinvent themselves from time to time in order to remain state of the art. The Orde applauds the ambition of the EPO to “set worldwide standards in quality and efficiency“(source: EPO vision). The existing roadmap to achieve this (the ‘why’ and ‘what’) is not disputed by us. We believe that indeed the EPO can be a leading patent office in the world. We notice and acknowledge that the EPO has been able to substantially improve the speed and quality of its patent processes as well as the communication with its users (applicants/patent attorneys).

However, the Orde has to express its serious and on-going concern about the way in which this reinventing process is taking place and the effects that it has on the image of the EPO. The Orde follows with growing worries the developments at the EPO. In particular, we are concerned about the developments regarding the organisation and government of the Boards of Appeal and the treatment of the EPO personnel. It is the ‘how’ that now brings us to this letter.

We observe that the reorganization process towards increased independence of the Boards of Appeal is not progressing or too slow. Earlier proposals for reform by the President do not guarantee adequate independence. The undesirable lack of independence has also been found by the Enlarged Board of Appeal. The observation that the President does not appear to listen to the valuable input of the Boards (who have been qualified one by Sir Robin Jacob as “judges in all but name”), is a striking denial of their qualities. The Orde is of the opinion that Boards have a crucial role in determining the validity of European Patents. Consequently, the impartiality and independence of the Boards of Appeal without any interference or control of the President of the EPO is essential for the proper functioning of the EPO judicial system. Now and in the future.

We observe in the 2016 EPO Business Distribution Scheme of the Technical Boards of Appeal that there are about 10% vacant positions in Boards of Appeal in 2016. More than 25% of the boards seem to be without chairman, effectively deactivating the Boards in question. We observe that there is no apparent reason for doing so. The Boards have an essential role in preserving the quality of the European Patent System. Their role in the Unitary Patent System remains crucial and must be properly facilitated. With the current understaffing of the Boards, we are worried that appeal procedures will be unduly delayed, creating legal uncertainty and adversely affects the quality of the European patent system. The Orde is of the opinion that the quality and staffing of the Boards of Appeal is to be maintained.

We observe that the employment conditions at the EPO and the basic rights of employees are seriously compromised. In the beginning it appeared as common and understandable reactions to changes that every organisation experiences. However, over time the information that reached the public became more and became more serious. The latest incident being that officials of SUEPO are subjected to disciplinary measures, downgraded, pension reductions and some SUEPO members plainly fired. We have already seen that any form of normal communication between SUEPO and EPO is severely flawed or is non-existent. We see many reports of oppressive rules and regulations. We note that, when we seek information from EPO employees, they are reluctant to communicate in fear of retribution by internal investigative units. It seems that the people at the EPO are afraid of their own management. The Orde rejects this situation vehemently. We cannot understand that the President of an organization that envisages to “set worldwide standards in quality and efficiency“ is not capable or not willing to apply the same standards to its people management. We refer also to the ruling of the Dutch Appeal Court that the EPO appears to be violating basic human rights.

A disgrace, irrespective whether the EPO benefits from its immunity as an international organisation or not. A reputable international organization such as EPO should not have it’s employment conditions and employee rights held up against such a basic thing as human rights.

We observe repeated demonstrations of large groups of EPO personnel in Munich or The Hague. We know many of the employees of the EPO. Either from a professional relationship as examiner or because many of them live among us in the Netherlands and we share schools and clubs with them. We know that they are highly motivated, highly intelligent, capable and reasonable people that care about the patent system and the organisation they work for. We hear that most of them understand the ‘why’ and ‘what’. The observation that they demonstrate repeatedly in large groups is nevertheless a clear indication that they are unhappy. They do not deserve to be led by a President who, regardless of other qualities, seems to have an intolerant and destructive people management style as part of the ‘how’.

We call upon the Administrative Council to instruct the President to acknowledge and normalise the basic human right of the EPO employees to organize themselves and come up for their position. The reinvention process of the EPO should be a firm yet healthy discussion between management and employees who, in the end, have the common interest of the organisation at large in mind.

We observe also that the dispute between the President and the EPO has attracted the public interest already more than once. The EPO does not live in a diplomatic vacuum. The EPO is part of today’s society and everything that that happens inside the EPO will find its way to the outside. Very quickly and very complete via internet and social media. Various newspapers and TV-programmes have paid attention to the quarrels at the EPO.

In addition to the information from public media, we receive information from our members that that they are increasingly being questioned about what is happening at the EPO. These questions come from their foreign colleagues (patent attorneys around the world) as well as direct clients, i.e. inventors and applicants. These people are the primary clients of the EPO and they wonder what is going on. The fact that the Orde is a Dutch organisation does not make a difference for our clients, our members also act before the EPO. For our clients and applicants, we are all part of the same patent system. These observations and questions from clients and applicants mean that the credibility and reputation of the EPO is already tainted in Europe and abroad. The Orde does not see this as a healthy situation. The Orde is of the opinion that the role of President of the EPO also contains the responsibility of maintaining and furthering the reputation of the EPO for the general public.

We sincerely believe that the current situation at the EPO has spun out of control by the actions of its President. The Orde believes that the EPO, with the President as its leading official should practice the vision of the EPO: “All our relationships - within our Office and with partners around the world - will prosper through trust, transparency, fairness and mutual respect.”

We are of the opinion that the current situation demands serious and concrete efforts by the Administrative Council to stop the President of the EPO from continuing these unproductive and destructive practices. We call upon the Administrative Council to take up its responsibility, to supervise the EPO and take control of the situation.

Sincerely,

On behalf of the Nederlandse Orde van Octrooigemachtigden

Robbert-Jan de Lang President



It is not surprising to see their views on the UPC, but suffice to say their interests are not the same as Europe's. We shall tackle the UPC in our next post.

Recent Techrights' Posts

European Patent Office (EPO) Series: Legal Concerns and Suspicions of Irregularities
complaints submitted to OLAF
GAFAM and IBM Dying in Massive Debt, Hence the Mass Layoffs (Increasingly Silent Layoffs That the Media Fails to Mention)
the integrity of this economy is only as good as its leaders or those who govern the market
SLAPP Censorship - Part 134 Out of 200: What "Majority Rules" Tell Us About the Litigant
we press on with this series
Overshoot Day Sites That Contribute to the Problem
Some of these are not even accessible (at all) without JavaScript
As Expected, Facebook Collapses, Microsoft Hides Massive Debt
GAFAM is a giant mountain of debt
Staff of EPO Cautions Against Unlawful Weaponisation of PIPs Against Industrial Actions That Protest Corruption
PIP-like sanctions against anybody who does not toe the line of Cocaine King?
 
More Fake News From (and for) IBM, Nobody Ever Held Accountable for Fraud
Companies that turn a blind eye to their own corruption end up recruiting more corrupt people and sacking those who object to the corruption
Links 30/07/2026: Smol Document Server and More PalmOS-ing
Links for the day
Links 30/07/2026: Microsoft Refuting Its Own Slop Hype and "Amazon Is Gutting Its Hey Hi (AI) Division" (GAFAM Bubble)
Links for the day
Today The Register MS Published "AI" Spam and Fake Article by "Senior Technical Marketing Engineer"
unethical practices
Cult inquiry parliament leak fallout
Reprinted with permission from Daniel Pocock
Techrights Will Always Protect Sources
Our #1 priority is sources
The Era of Silence
So stay silent, remain hidden
TheLayoff.com Deletes Comment That Called IBM's Previous CEO, Ginni Rometty, "Gin 'n Tonic"
It is hard to believe the comment was deleted for being a duplicate (in another thread)
The Mainstream Media Continues to Overlook or Intentionally Ignore Hundreds of Billions in Hidden/Secret Microsoft Debt
the issue is that Microsoft's crisis is a lot greater and broader than this
Microsoft May Have Gotten Rid of 8% of Its Workforce This Month
It's hard to know what's really going on because there's no transparency due to NDAs
Links 30/07/2026: "Age of Irrationality", Google Losing Money, and "House of Ellison is on the Brink"
Links for the day
Gemini Links 30/07/2026: Homeworlds Notes and Manuscript Submitted
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 29, 2026
IRC logs for Wednesday, July 29, 2026
At The Register MS "PARTNER CONTENT" Means Company Writing Fake Articles About Itself and Its Own Products
At The Register MS, content-farming has become a thing
IBM, Running Out of Things It Can Sell, is Selling Software Patents
IBM is not just pathetic; it's actively harmful because it lobbies for software patents and spreads software patents around
Gemini Links 29/07/2026: Star Trek, Retirement, and ODEs in GNU Octave
Links for the day
Links 29/07/2026: "BuzzFeed Lays Off 33 Percent of Remaining Staff" (Trying LLM Slop Some More), Scam Altman Mocked by the Media
Links for the day
GNOME Curated and Censored by IBM (Under the Guise of "Code of Conduct")
Felipe Borges (IBM) has just posted a follow-up
Digital Mass Surveillance as a Hallmark of Failed Societies
"small leap forward in tech ethics"
I Found a Typo, Don't Vote!
Social control media isn't good at adding any meaningful signal
Jeremy Sands Explained the Harms of Codes of Conduct
next week the 500th show milestone [is reached]
Tonight's Earnings Report From Microsoft and Facebook ('Meta') Will be Faked Because They Hide Almost a Trillion Dollars in Debt
The US economic system is only as honest as the people who govern it
The Vacuum Syndrome
Parables help
The Only Old People Who Can Survive IBM Are the CEO and His Circle of Enablers
very similar to what's happening at the EPO
The 'Church' of Moglen/Stallman
'reunion' with Eben Moglen
Microsoft Layoffs Aren't Done Ahead of the Need to Tell Shareholders About "Efficiency" (Tonight)
Microsoft layoffs won't be "Done" until what's left of Microsoft is "None"
Microsoft Lacks Growth. Ahead of 'Results' The UK's Competition and Markets Authority (CMA) Finds Merit in Allegations Slop is Microsoft's Excuse for Price Hikes (Piggybacking Vendor Lock-in).
At this stage it's not hard to see why many nations gravitate away from Microsoft
Parliament leaks confidential cult inquiry witness contact list (COFG Victoria)
Reprinted with permission from Daniel Pocock
Troll-Feeding is Time-Wasting
in social control media
WordPress is Technical Debt
There are a number of technical tasks underway and maybe some testing (this coming weekend or later)
Will Red Hat Still Exist in 2027 or Just Become a "Brand" at IBM?
Whistleblowers told us IBM was laying off about 500 Red Hat engineers earlier this year
Call for IBM Whistleblowers
If you work for IBM and have something material (like balance sheets) to prove financial misconduct, please try to 'touch base' and establish a secure communication channel we can both use
EPO Series on EU and Pan-European Corruption, Vote-Rigging, Extending Beyond the EPO Itself
By Saturday it will be August already, so we'll start preparing for Rianne's birthday
SLAPP Censorship - Part 133 Out of 200: Lies by Omission
As usual, the other side wants people to ignore how much they lost
European Patent Office (EPO) Series: Streamlining the Decision-Making Process
Negrão was one of 17 applicants for the position but he somehow managed to end up as the sole candidate on the shortlist prepared by the Management Board in June 2020
Links 29/07/2026: "Hugging Face Has a Deepfake Nudes Problem" and "$1.5B Anthropic Copyright Infringement Ruling" (Plagiarism is Not "Training")
Links for the day
Comments on Today's Judgment
It hopefully helps clarify what actually happened
Microsoft Has Fallen to #3 in Singapore
There are many technically talented people in Singapore or overseas workers who lodge in Singapore
Thank You, Andy
Burnham and "Tech Rights"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part II - 77 Messages Sent, Did Not Even Investigate or Examine Any of the Actual Evidence (British Taxpayers' Money Wasted)
SRA has become known (even notorious) for inaction
Inevitable Politics
In technology, provided the work you do has growing impact (we served almost 2 million requests yesterday), things will inevitably become more political - whether you like it or not does not matter
Not Only "Loonies Take on Farage"
pretending that the opposition to the right wing is "Loonies"
Brigading Against Women - Part I - Bypassing the Legal System by Threatening Companies in Another Continent
In the next part we'll begin to connect Lozza's online activities (and court activities) to those of Garrett
IBM is Trying to Turn Debt (Borrowed Money) Into Fake Growth and It'll Worsen Matters
they put in their balance sheets a fake "growth" in something that does not even exist
Microsoft Relies on Misleading Narrative of Studios Going 'Independent'; in Reality There Are Mass Layoffs in Them
This is not a good narrative for Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 28, 2026
IRC logs for Tuesday, July 28, 2026
Gemini Links 29/07/2026: Arosa, Tired Tuesday, and Constellation Browser
Links for the day
In IBM, PIPs and RAs (Layoffs) Have Become Almost the Same Thing, Workers 'Expire' With Age (Seniority, Experience) and Empathy is Punishable by Termination
IBM does seem like a dead company
At Microsoft, PIPs Are Sometimes Known as "LITE" (a Silent Layoffs Legal Hack or a Shrewd Workaround to Skirt WARN Act)
Zero "layoffs" to report
Gemini Links 28/07/2026: “Strategies Against Algorithms” and DIYers
Links for the day
"Social Dialogue" With the Man Who Never Faced Real Competition at the European Patent Office (EPO), He Buys the Voters and Eliminates Rivals
Will the "Pretender" write back?
Digital Restrictions (DRM) and Microsoft: What Kills XBox Will Kill Windows Next
Microsoft wrongly and very arrogantly assumed that users would tolerate everything it throws their way
GNU/Linux in Afghanistan Reaches 7%
For many years it was stuck at less than 1%
Greenwashing Corruption With a "Chief Sustainability Officer", Who Infamously Defended Battisetelli's Crimes at the EPO and Petitioned for Him
She was rewarded for conspiring against EPO staff, as usual
What I Explained to Police About Blackmail and Death Threats via Burner Accounts (a Practice Which Generally Constitutes a Crime)
Today I've communicated several times with police
Links 28/07/2026: "People’s Claude Chats Are Publicly Accessible Online" and SpaceX Stock Crashes Like Its Products
Links for the day
UK tech sector missing from democratic process
Reprinted with permission from Daniel Pocock
How Not to Cover Elections (Democracy Relies on Reliable, Complete Information)
Misinformed voters are a recipe for disaster
Microsoft E.E.E. (and "Bait and Switch") Going Exactly According to Plan
That is what they are trying to tell us and the companies that employ us
IBM: An Old Company That Hates Old People
Remember that's coming to Red Hat workers in 2 months
Strict Policy on Violence and Violent Language
This matter is now being escalated to law firms
Avoiding Discrimination Against People With Disabilities
work underway to improve the system which runs the sites
Links 28/07/2026: XBox DRM Doomed Everyone (Cannot Play Anything), Slop (Ponzi Scheme) Being Pinkwashed Now
Links for the day
Gemini Links 28/07/2026: Ethics, GIMP Script-Fu, SMTP Versus Gemini, and Proposal for Better TOFU
Links for the day
To a Sociopath, Ethical People Are Bad People. Don't Fall for It.
If you put sociopaths on a pedestal, the pedestal will break
Improving the Static Site Generator
Our system has fixes triaged
Diversity in Debian
bringing up the topic is the real problem, diversity itself is a taboo subject
GNU/Linux in Brazil. The B in BRIC(S).
the "market share" is assessed to be around 5%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 27, 2026
IRC logs for Monday, July 27, 2026