Bonum Certa Men Certa

Leaked: Minutes From the Administrative Council of the EPO Regarding the 'Reform' (Exile) of the Boards of Appeal

Exile is to "independence" what prison is to "freedom"

Exil



Summary: Details of the relatively secret proceedings back in June (belatedly released only a short while ago), carefully abbreviated to demonstrate which delegations helped Battistelli crush the Boards of Appeal and which ones insisted on maintaining the status quo, as per the EPC

EARLIER TODAY we published one particular part of the Minutes referred to herein. The Minutes of the Administrative Council's meeting at the EPO form the basis of the discussion and outcome, which is usually so abbreviated that it's rendered quite useless (further sanitised when published in the public site rather than the Intranet).



Below is a very abbreviated version of the Minutes, which we have taken some time to analyse. This is just about the Reform on the Boards of Appeal, whereas the previous article was about the staff representatives. Reform of the Boards of Appeal, or rather the removal of those boards from the EPO's building, is a subject we covered here many times before. In the EPO's public site there was nothing but hogwash about it and AMBA's Web site, understandably afraid, posted a polite protest, refuting that the EPO's site had told stakeholders like applicants, attorneys, journalists and so on.

Here are the 'gory' details from the Minutes of day 1:

FROM THE MINUTES OF THE AC JUNE 2016 MEETING

DAY 1:

On Day 1 of the meeting document CA/43/16 (Reform of the Boards of Appeal) was discussed. It has four parts: A (Structural Reform of the BOA), B (Career of Members and Chairmen of the BOA), C (Location of the Boards of Appeal), D (New Fee Policy for Appeals), and E (Conflict of Interest Rules).

The President started by explaining that transferring powers would mean revising the EPC, so “the only possible solution was a delegation of powers” to the new BOA President. He stated that there were two issues: the perception of independence and the boards’ efficiency. He added that “careers on the boards would be governed by special new rules reflecting the need to make board members aware that their career depended also on how they performed their duties”. Regarding the boards’ location he “remained convinced that a separation from the rest of the Office would increase the perception of the boards’ independence. But in view of the objections raised he was now proposing that although the boards would move to a separate building they would stay in Munich”. Also important was the boards’ rate of cost coverage, and he proposed that “the boards should aim at 20 to 25% cost coverage”.

SECTION A: STRUCTURAL REFORM OF THE BOA

The Croatian delegation was the only delegation that thought that a reform “should cover all aspects, not just independence”. It stated that “the President was always being attacked for various reasons, but to its knowledge he had never been accused of trying to interfere in any of the boards’ cases or decisions”. It added that “some people suspected the President of wanting to interfere in how the boards functioned and took their decisions, but this was completely unfounded and absurd.” The Bulgarian delegation thought that “the boards’ independence had been clearly shown by the disciplinary proceedings exercising the Council for over two years now, with the Enlarged Board so far refusing to take a substantial decision on the matter and give the disciplinary ruling requested by the Council”.

The Irish delegation “noted concerns expressed in some documents about the possibility of the President being able to withdraw his delegation of powers and that the consequence of the delegation being withdrawn is that the independence is withdrawn”. The French delegation agreed, stating that “revocation should not be possible without the Council’s consent”. The Swedish delegation said that “the EPO President should not be able to revoke his delegation of powers solely at his own initiative”. The Austrian, Swiss, German, Slovakian, Icelandic, Danish and UK delegations agreed.

SECTION B: CAREER OF MEMBERS AND CHAIRMAN OF THE BOA

The Irish delegation was “concerned about the proposals which introduce a performance-related system which appears contrary to the exercise of judicial functions”. The Italian delegation said that “(re) appointment of board members and chairman should be exclusively a matter for the boards’ President: the EPO President should have nothing to do with them”. The Netherlands delegation said that “the Office’s proposal that reappointment should in future depend on a board member’s performance could only be detrimental to independence”.

SECTION C: LOCATION OF THE BOARDS OF APPEAL

The Swiss delegation “suggests leaving them where they are”. The Irish delegation stated that “even a relocation within Munich would give rise to unnecessary expense”. The Swedish delegation considered that “the boards’ location had little to do with their independence, and the cost of any move also had to be taken into consideration”. The Austrian delegation said that “as far as relocating the boards was concerned, those most immediately affected, i.e. BOA members and users, would have to agree”. The Netherlands delegation stated that “there was no point relocating the boards”, because “this would merely waste money”. The Czech delegation said that “if the majority was in favour of a move, it would oppose it”.

SECTION D: NEW FEE POLICY FOR APPEALS

The Irish delegation was “strongly opposed to any increase in appeal fees at the present time and was appalled at the original proposal for a fivefold fee increase which would be tantamount to a barrier to justice”. The Italian delegation said that “cost coverage had no direct bearing on the boards’ independence”. The German delegation said that “the fees issue had nothing to do with the boards’ independence.” It thought that “the Office’s proposals here were completely unacceptable”.

SECTION E: CONFLICT OF INTEREST RULES

The French delegation said that “any former board member or other EPO employee temporarily refused permission to undertake paid work would have to receive appropriate financial compensation”. The German delegation said it would be necessary to “provide at least for financial compensation”. The Polish, Swedish and Austrian delegations agreed. The UK delegation said that the measures proposed “had caused surprise and even concern among UK user circles”. The Danish delegation “could not support at all” the proposal.

The President said that the proposed reform was “a package, to be approved or rejected as such. The post-service integrity measures were an integral part of that package”.



Here are the 'gory' details from the Minutes of day 2:



DAY 2:

On Day 2 an amended document, CA/43/16 Rev. 1 was presented. Amended were in particular Parts A (more information about “delegation of powers”), D (“new fee policy” changed to “better cost coverage”) and E (now only limited to the BOA).

The Swedish delegation was “not 100% satisfied” but “was prepared to accept it if its effects were reviewed in three years’ time”. The French delegation and the epi representative agreed. The Austrian delegation said that “increasing the fees should be the very last resort”. The Irish delegation remained convinced that the proposals in Section D “had nothing at all to do with the boards’ independence”. The Slovakian delegation agreed that “the measures in Section D had no bearing on the boards’ independence”. The Netherlands delegation said that Section D had to be deleted, and its vote would depend on that.

The President said that he was not 100% happy either, but this was a compromise.

CA/43/16 Rev. 1 was approved, with the Netherlands voting against, and Hungary and Italy abstaining.

The Council also said the reform and its effects should be reviewed in a few years’ time.


One can see the role played by the Netherlands (opposition), the Croatian delegation (associated with Battistelli's 'bulldog'), and the Irish delegation (which might want to protect the persecuted Irish judge). We think the most important message is that the proposal was only agreed on because it should (or would) be looked at again in a few years, probably when it's too late to salvage the EPO because applications have run out and many workers (examiners in particular) will have been laid off to be replaced by unskilled workers (if any, maybe just machines). ⬆

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 199 Out of 200: An American Burden on the British Legal System
A year ago (October 2025) the head of media (Jointly in Charge of the Media and Communications List), the judge in the Garrett case, said that this case was a waste of the court's money
Criminalising Opposition to Fraud
slop causes social issues
 
US Government Sites Can Now Totally Ignore Mozilla Firefox Users or Users of Firefox Derivatives
Firefox, now at 1.1% in the US (based on American government sites), has sunken to the point of no return
Things Not to Measure in Quantity Alone
More patents do not beget greater innovation
Even Microsoft Boosters Start to Doubt XBox Will Exist (It's Being Phased Out, Just Not "Officially")
This is how to phase out a business unit without officially saying so (as it might alarm investors)
Omarchy is Built on the Idea That Slop is Desirable (It's Not)
They call bots and plagiarism "agents" and "training"
IBM is Shrinking Very Fast (Silent, Unannounced Layoffs)
IBM and Microsoft both avoid WARN notices by compelling staff to leave or silently removing them with some NDA
In Some Parts of Microsoft 50% of All Staff Subjected to Layoffs, Media Pretends Only 0.1% of Staff Are Removed
This really says a lot about the state of today's so-called 'media'
EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock
Gemini Links 24/09/2026: Laziness, Outdoor Seating, "AngelNova’s Interview Malware and Its North Korea Connection"
Links for the day
Links 24/09/2026: Slop "Linked to Disturbing Culture of Sexual Assault"; "Zelensky Warns Russia’s War Will Expand if It Is Not Ended Soon"
Links for the day
Winding-up petition served on Reform UK Party Limited (Nigel Farage)
Reprinted with permission from Daniel Pocock
Appliances Should be Dumb
Any "Smart Home Appliance" is basically a thing that does not last long, does not work as advertised, and is generally unfit for purpose
SLAPP Censorship - Part 198 Out of 200: It Sounds Like Garrett is Now Sending People to Silence Critics (Including His Own Spouse)
This week Garrett is having a somewhat karmic experience
Links 24/09/2026: Slop Contaminating KDE, Slop-Focused Data Centres Have Severe Environmental Impact
Links for the day
SLAPP Censorship - Part 197 Out of 200: Garrett Became So Poor That He Wants Others (in Another Continent) to Pay for His Own Legal Work Being Faulty
They lie to courts
The Register MS Has Become a Slopfest
This is the behaviour of a perishing publisher
Gemini Links 24/09/2026: Requiem for a Season, Philosophy, Rube-Goldberg Machine, ROOPHLOCH 2026, and Git over Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 23, 2026
IRC logs for Wednesday, September 23, 2026
IBM Grapevine: Development Outsourced to LLM Slop and It Results in Many Bugs
IBM is circling down the drain and every insider knows it
Microsoft Gives Many People the 'Booty' This Week, Not Counting PIPs (Silent Layoffs and 'Voluntary' Layoffs)
Microsoft PIPs allegedly target "20-25% in some teams."
Nearly 1,000 People at EPO 'Met' to Plan Further Strikes and Impending Action to Dethrone Corrupt Leadership
Exploring the purchasing "power" of EPO leadership (buying elections while doing cocaine in public)
Links 23/09/2026: Pax Silica Hub Ruins a Country for a Pyramid Scheme (Slop), Convicted Felon's Press Block Resembles Iran, Russia, China
Links for the day
Gemini Links 23/09/2026: Stuck, Gambling, Fury Road, IPFS, and More
Links for the day
The Register Got Paid Today to Spew Out "AI" Almost 50 Times (Keeping the Pyramid Scheme Buzzing in Headlines)
paid-for spam
SLAPP Censorship - Part 196 Out of 200: Sending Someone to Our Doorstep to Ship Approximately 5 KG of Legal Papers (Instead of to Our Representatives)
it is not about law, this is lawfare
IBM's Anderon Already Smells Like a Fraud and IBM Insiders Heckle the Lies From the Management
Sabine Hossenfelder recently made some videos which explain in simple terms why IBM is lying and has already lied about this for years
Links 23/09/2026: Mass-Surveillance by Clownflare and "Data Centre" Crunch Commences
Links for the day
Same Name/Brand, Not the Same Project/Product
What is Linux becoming?
Germany, Like Switzerland, Will Dump Microsoft's Proprietary Software and Disservices, Then Dump Windows for GNU/Linux
This impacts not only the Windows revenue; this corrodes any "rents" Microsoft was getting from "subscriptions"
3 Years Divorced From Americans
Next year we plan to pursue the UK's Court of Appeal
The Register MS Uses Slop About Slop (in Images)
Months ago we caught The Register MS using slop for text as well
There Are Likely Over a Thousand Internet Relay Chat (IRC) Networks Online, Net Gain of 16 Seen This Month by Andreas Gelhausen's netsplit.de
It's good that they're still tracking that sort of stuff
SLAPP Censorship - Part 195 Out of 200: Two Years Since Garrett, Graveley and Lozza Worked in Parallel to Censor Techrights
It began in September 2024, shortly after we had sued Garrett
Linux Kernel Becoming a Slopfest - Part 8 - In Conclusion
this can invite more SCO-like problems in the future
Microsoft Shuts Down More Studios, Morale Low, More Mass Layoffs Ahead of Reports
They pretend it's not happening or that it's a lot smaller than it actually is
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 22, 2026
IRC logs for Tuesday, September 22, 2026
Gemini Links 23/09/2026: Ljubljana, Poetry, and FORTRAN
Links for the day