Bonum Certa Men Certa

Benoît Battistelli Reinforces the Perception That García-Escudero is His Pet Chinchilla at the Board of Appeals Committee (BoAC)

And entertaining the possibility of "opening disciplinary proceedings against the President”

Patricia García-Escudero and Benoît Battistelli



Summary: The autocrat who controls the Office in an unprecedentedly totalitarian fashion and has reduced its so-called 'overseers' to little more than useful chinchillas needs to face the music, for he keeps breaking even his own rules and disgraces (not to mention severely harms) the entire continent, not just his country and the Office

THE President of the European Patent Office is the source of many of today's problems; the many scandals that are purely his own fault make the USPTO look like a saint and it doesn't help when Benoît Battistelli speaks about his pet chinchilla García-Escudero in his blog, reinforcing the perception of nepotism and protectionism under his reign.



Readers may need to revisit our older series about her connections -- a subject which we mentioned a few days ago in light of her doing photo ops with Battistelli. Right now we even have Battistelli writing about it in his so-called 'blog' (warning: epo.org link), to be promoted in this couple of tweets after EPOPIC, twice on Friday morning/noon [1, 2]. Mind the part which isn't just self-promotional and EPO promotion/hogwash but speaks specifically about García-Escudero, namely:

The latest of the international agreements is, fittingly, a new bilateral cooperation plan signed with Ms Patricia García-Escudero, Director General of the Spanish Patent and Trademark Office, which will also include projects in the field of patent information and awareness between the EPO and SPTO.


Asking Battistelli for the perception of justice and independence for the boards was apparently not enough from the chinchillas of the Administrative Council -- a subject which we are likely to revisit in the future, maybe over Christmas when more time is available. As one comment put it a few days ago, the "Council gives instructions to the President, the President simply ignores them and does as he wishes."

Here is the full comment:



Is it at all possible for the Council to force the President to do anything?

As recent history has shown several times this year, when the Council gives instructions to the President, the President simply ignores them and does as he wishes. In the present case, the Council explicitly asked the President to refrain from dismissals, we see what the President did. I gather that Merpel's proposal to use Article 20 PPI would have the same effect.

What can the Council do?

Correct me if I am wrong, I am not a specialist of the EPC. I understand from Article 11.1 of the EPC that the Council can nominate a new President. But first, I am not really sure they can do so before the end of his term (can they or not?) and second, they need a majority of 3/4 of the votes for doing so (Article 35). There are 38 member states, so the votes of 28 are needed. Conversely, if Battistelli gets the votes or the abstentions of 10 countries, he can stay forever. Any 10 countries.

Is there anything else that the Council can do?

There is Article 19 of the PPI: the Council can waive the immunity of the President. This has never been tried and I have no idea how many votes would be necessary. Even the Article is not clear as the German, English and French texts are actually different (English: "waive immunity", German and French "waive one of the immunities"). Besides, this would be very slow.

There is Article 11.4 EPC: the Council shall exercise disciplinary authority over the President. Apparently, only a simple majority is needed under Article 35.1 in that case, so 19 countries. But this has never been tried and I don't know under which conditions that "disciplinary authority" can be exercised or what sanctions they can impose on the President, whether the President can appeal (which would add delays), etc... Can they actually dismiss him? That seems to be in contradiction with the number of votes needed to elect a new President. Can they impeach him? If yes, he would then be automatically replaced by one of the vice-presidents (Article 10.3 EPC), which may not be very useful if that vice-president is Minnoye, Topic, etc...

Last, there is Article 172: the Convention can be revised (for example to include more checks and balances to the President powers). Here again, 3/4 of the votes are necessary.

Did I forget something?


Writing in a separate thread, one person correctly notes that "[t]he EPO doesn't have the power or inclination to take on the EU..."

Here is the full comment:

Well the EU doesn't like dissent and so it will be interesting to see how this pans out. The EPO doesn't have the power or inclination to take on the EU and so will presumably need to look for a way to reverse the G decision. Perhaps there needs to be a mechanism for the EPO to refer questions to the CJEU as a way of preventing this happening again.


It often seems like the EPO feels free to just disregard everything and everyone, ranging from the EPC to the European authorities (local), the central government (Commission), human rights lawyers, ILO, and the highest Dutch court. Yet is certainly feels comfortable enough to (mis)use the law to bully bloggers like myself, in an effort to silence or at least intimidate critics. These are provocative tactics which would only backfire on Battistelli and his goons.

“Also there is no problem with them opening disciplinary proceedings against the President,” wrote the following new comment, but who would be brave enough among these useless, powerless chinchillas to even propose disciplinary proceedings against the President, who breaks his own rules and gets away with it? To quote:

Did I forget something?

Yes. You forgot Article 4a. Call a ministerial conference to discuss the situation. It is long overdue. Supposed to be held once every five years. But so far none held.

Also there is no problem with them opening disciplinary proceedings against the President. The disciplinary committee would then issue an opinion and the Admin Council would then vote on this opinion. Of course it's not going to happen. The ship will sail on. Just like the Titanic.


Well, here are a couple of responses to this invocation of Article 4a:



@Article 4a: the article calls for a meeting on IP matters, not a conference... All the UPC meetings can be counted under Art. 4aEPC...

Article 4a[ 4 ] Conference of ministers of the Contracting States Art. 4 A conference of ministers of the Contracting States responsible for patent matters shall meet at least every five years to discuss issues pertaining to the Organisation and to the European patent system.




All the UPC meetings can be counted under Art. 4aEPC.

What do you mean by "UPC meetings"?

The Unitary Patent is an agreement of certain member states (28 EU states) under Article 142 EPC. http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar142.html

Article 4a foresees a conference of the ministers of all 38 contracting states.



Now, consider this:

There is no requirement that all EPC members need to be present, just a conference on patent matters and/or the organisation....

28 out of 38 is even a majority.....



In light of Battistelli's abuses (continuing to bust unions in defiance of the Administrative Council) we think that Techrights needs to drop some new documents soon. Battistelli's escalation of this conflict has given Techrights reasons to release even more documents soon, if not this month then during Christmas when there's time to catch up. The secrecy of the EPO is its worst enemy because this growing secrecy, over time, has been breeding growing levels of abuse.

We always, we urged all readers who are European to contact their national delegates and explain to them what a disgrace the EPO has become.

Recent Techrights' Posts

The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
 
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026
For the EPO to Survive, António Campinos and the "Alicante Mafia" Must Fall on Their Sword
There are EPO insiders who are convinced Campinos too is (or was) a cocaine addict
Some Slopfarms and Some Real News Sites Cover Richard Stallman’s (RMS) Talk
If his message about Software Freedom spreads, then we're all better off
Gemini Links 26/01/2026: Pocket Power Pack, Batteries, and Breaks
Links for the day
"Microsoft Vista 11 Emergency Update" as Windows Fails to Boot (Again)
Microsoft is desperately trying to find some new business model as the debt soars
4 Hours Ago The Register MS Published Paid-for Spam About "AI" (Slop, Buzzwords)
"AI" mentioned 13 times in the page
IBM 'Results' Due Wednesday Evening, Expect Clues About Mass Layoffs
Don't expect IBM to say anything about "layoffs" or "RAs"
The Fall of the EPO (or the "Alicante Mafia" at EPO) Will be Due to This Reckless Lawyer Who Does Cocaine in Public While Speaking for the EPO
The longer European politicians (and media) turn a blind eye to this corruption, the worse it'll get
Why RMS is Scary to GAFAM 'Engineers' and the GAFAM Apologists (or Addicts)
especially because of his ideas and his way of life
Firefox 'Market Share' Down to All-Time Low in 2026, Adding to It User-Hostile 'Features' Only Worsens Things
What is the goal of Mozilla at this point?
Links 26/01/2026: Windows Back Doors, American Winter Storm, and Report Says Iran's "Protest Death Toll May Exceed 30,000"
Links for the day
Life Got Simpler and Therefore Also Healthier and Happier
Some people envy not wealth but happiness (which they're unable to attain, even with hoarding and accumulation)
Richard Stallman's Experiences With 'Cancel Brigades' Ought to Educate Linus Torvalds
Now they talk about "if Linus dies" scenarios
Links 26/01/2026: Financial Stress in German Farms and Germany Wants to Take Its Gold Reserves Out of the US
Links for the day
Gemini Links 26/01/2026: "Lack of Meaningful Things" and Getting Back to Programming
Links for the day
Strong Correlation Between the Slop Ponzi Scheme (or Bubble) and Major Disasters
BitCoin ruins the planet; so does slop
We Will Never Allow the "Alicante Mafia" to Hide "Cocainegate"
transparency typically scares malicious actors
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day