Bonum Certa Men Certa

The Battistelli Regime, With Its Endless Scandals, Threatens to Crash the Unitary Patent (UPC), Stakeholders Concerned

When even Kluwer Patent Blog speaks out against you perhaps it's time to resign, Mr. Battistelli

Kluwer on Battistelli



Summary: The disdain and the growing impatience have become a huge liability not just to Battistelli but to the European Patent Office (EPO) as a whole

THE EPO was, for many consecutive decades, vastly superior to any other patent office, including the American one that's the de facto patent office across the world (because of the economic might of the US). The EPO was never the biggest patent office, but it was at least the best. That can no longer be said, as the Administrative Council was reckless enough to put a politician in charge -- a person whose disdain for science and paranoia go over a decade back. In turn, after a multi-year coup, the Administrative Council became subservient to this politician. Stakeholders hate him and recognise that he must go, but nobody seems capable of firing him anymore. He created and fortified a kingdom, which not even a bailiff is allowed to enter. He and his cronies pocket EPO budget and secretly/covertly build themselves luxury palaces with bars and baths at the top floor of a patent office! Guess who foots the bill. Is this a patent office or a sultanate? EPO staff certainly isn't tolerating it.



We haven't had much positive stuff to say about Kluwer Patent Blog (a UPC propaganda blog, filled to the rim with fake news), but Kluwer folks were at least courageous enough to publicly speak against Battistelli in the rather distant past. Today it happens again and people have already noticed:



Kluwer Patent Blog has a long article detailing the situation at the European Patent Office:

President Battistelli under pressure to improve ‘unacceptable’ social situation at EPO

About the 40% increase in granted patents they asks:

"But is this really what the economy needs, as the EPO claims?"


Another new comment said:

Shameful hardly begins to describe the situation. A serious threat to the very foundations of patent law in Europe would be a more accurate description.

The EPO is there to uphold the law, as set out in the EPC. Now we know that, when it so desires, the EPO ignores provisions of the EPC that its management finds "inconvenient". We also know that the AC allows the EPO management to get away with this.

This all begs the question: which provisions of the EPC can we rely upon the EPO to properly enforce?

If rumours are to be believed, which rumours would certainly explain developments that I have personally witnessed, then Article 84 EPC will be the next "casualty". Also, the EPO's extraordinary decision to suspend examination of certain plant (product) patent applications suggests that even more fundamental provisions (including Article 113 EPC) could be under threat.

Not the most sustainable situation, really... and one that should be of grave concern to us all.


This means that even Team UPC is getting visibly fed up with Battistelli. Behind the relatively polite and diplomatic language there is a great deal of distrust and the blog post at hand contains little or nothing that we haven't already covered. It's just taking stock of many recent events across Europe (all of which covered here before), e.g.:

The Dutch Government has warned the social situation at the EPO will have to improve soon. The International Labour Organisation (ILO) has complained it is not acceptable that over half of the workload of its Tribunal is generated by complaints filed against the European Patent Office. Parliaments in Germany and France have called for action to ‘uphold the fundamental rights’ at the EPO. Pressure on president Benoit Battistelli to resign or finally change things seems higher than ever. Will it happen?

‘The Council had an exchange of views on the social situation at the Office and on the issue of the appointment procedure for the next President.’ Just one single phrase in the press release was dedicated to the ongoing social unrest at the EPO, after the 151th meeting of the EPO Administrative Council, 15 and 16 March 2017 in Munich.

It hardly reflects the mounting pressure that EPO president Benoit Battistelli has had to face over a wide range of issues that have led to a disastrous social climate at the EPO: the controversial introduction of a new career system and rules on sick leave, Battistelli’s failure to review staff investigation guidelines and disciplinary procedures, as had been requested by the supervisory Administrative Council (AC) in a Resolution of March 2016; conflicts with the Boards of Appeal over their judicial independence; failure to recognize the SUEPO trade union and the dismissal or demotion of several union leaders, among others.

[...]

But is this really what the economy needs, as the EPO claims? The German legal website JUVE recently published the results of a survey (English version here) among 186 technology companies worldwide, which revealed serious concerns about the functioning of the European Patent Office. 87 percent of the respondents said Battistelli is not doing a good job. Less than one third is happy with the reform of the Boards of Appeal. 54 percent wants Battistelli to step down and only 8 percent says he must stay. Also, there is growing concern about the effect of the EPO unrest on patent quality, according to the survey.

Still, Battistelli’s term as president ends in July 2018 and though he is under high pressure to improve the social situation at the EPO, it is not likely he will leave sooner than that. The appointment procedure for the next president, mentioned in the EPO press release was initiated and shortly discussed last week and the intention is to agree on a text for a vacancy notice in the next meeting in June, with the selection procedure for a successor possibly starting in October.


To put it quite bluntly, it seems like they're worried about their clients (see this leaked letter from Dutch patent attorneys) and maybe even the UPC, which will likely collapse thanks to Battistelli as its shameless flag bearer. Speaking of which, Team UPC, which dominates (or is) "The UPC Preparatory Committee" (it's not quite what it sounds like, it's wolves guarding the sheep), allegedly had one of its typical closed doors meetings some days ago. To quote: "The UPC Preparatory Committee met for the last time last week in the Hague. It was an opportunity for the Preparatory Committee to agree minor amendments to the Rules of Procedure, which it will soon publish."

Is there any chance that Team UPC too will soon lobby to oust Battistelli? It's not impossible. In fact, it would be a very rational thing to do as Team UPC has more than just the UPC at stake and under Battistelli the whole patent industry of Europe may soon collapse (see comment above).

Recent Techrights' Posts

New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
The UEFI hype and Microsoft's lies
By Sami Tikkanen
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
 
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025
Another Day and Another LLM Slopfest From Madame Day at the Slopfarm LinuxSecurity.com
Can't take a break, can she?
Sucking Up to Fascists (Like IBM's Watson Sucked Up to Adolf Hitler in the 1930s) Did Not Help IBM
IBM could stick to better principles, but instead it treats the Free software community and even its own staff like trash
Links 01/03/2025: GB News Loses Over 100 Million Pounds, Zelensky Wins World's Sympathy
Links for the day
Getting Serial Sloppers to Knock the Habit of Plagiarism by LLM Slop
All in all, the fewer the slop objects, the better
As Prices Soar and Services Shut Down (Even YouTube Starts Demanding Money for the Original or a Tolerable Experience) It's Time to Explore the Real Alternatives
https://inv.nadeko.net is the most viable instance of Invidious these days
Gemini Links 01/03/2025: Amends and GNU/Linux
Links for the day
Links 01/03/2025: Scam Altman's Latest Excuse, Google Price Hikes
Links for the day
Justice Will Find Its Way at the End
We deserve an award, not SLAPP, for what we've done
March Already, Rumours of IBM Layoffs in Brazil
Red Hat might be impacted too
Links 01/03/2025: Squashing Software Patents, USPTO Facing Additional Cuts
Links for the day
Links 01/03/2025: UNM Gopher and Getting One's Pages on gemini://
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 28, 2025
IRC logs for Friday, February 28, 2025