Bonum Certa Men Certa

EPO Central Staff Committee Points Out to Benoît Battistelli That He is in Gross Violation and Contempt of the Founding Document/Treaty of the EPO

The European Patent Convention (EPC) is routinely being trampled on by Team Battistelli, so what do they care amidst an organisational coup?

Battistelli and Kongstad



Summary: The staff representatives of the EPO, i.e. those doing all the hard work, "advise against giving any impression that the EPC may be disregarded without consequence."

THE following open letter was circulated earlier this week and we wish to reproduce it below. This is not the first time Battistelli breaks the rules (including his own rules) and gets away with it, just like a classic tyrant in a rogue institution/state.

European Patent Office | 80298 MUNICH | GERMANY Mr Benoît Battistelli President of the EPO

ISAR - R.1081

Date: 29.03.2017

OPEN LETTER



Subject: Replacement of one Vice-President by three Chief Operating Officers

Dear Mr Battistelli,

You are planning to merge DG1 with DG2-Patent Administration whereby for as yet undisclosed operational reasons you intend to appoint yourself three “Chief Operating Officers” (COOs, the so-called “Super-PDs”) to lead this enlarged DG1.

In the vacancy notice, it is stated that “[e]ach of the COOs will report directly to the President” and that the contract period will be for five years (renewable). We infer from this that firstly the COOs will not be under the authority of a Vice-President, and that secondly these arrangements are for the medium to long term (not transitory).

Consequently, you have now requested the CSC to nominate members to the Selection Boards for these three new Chief Operating Officer positions.

In the March Council meeting some delegations have already expressed their reservations about this new institutional set-up. For our part, we have reasons to believe that, at least for the moment, your plans are not in compliance with the European Patent Convention (and its Implementing Regulations):

1. The functions of the enlarged DG1 (and in particular the Receiving Section, the Search Divisions, the Examining Divisions and the Opposition Divisions) fall squarely within the ambit of Article 15 EPC.

2. According to Rule 9(1) EPC, the departments specified in Article 15 shall be assigned to a Directorate-General.

3. According to Rule 9(2) EPC, each Directorate-General shall be directed by a Vice-President.

4. According to Article 11(2) EPC, the Vice-President is appointed by the Council after consultation of the President of the Office.

Ergo, in accordance with the EPC, the functions of the future enlarged DG1 must remain in a Directorate-General under the leadership of a Vice-President appointed by the Council. The EPC does not allow the creation of COO posts to replace VP1.

In addition, we note that to date the procedure laid down in Article 1(1) of the Implementing Rules of Article 7 ServRegs has not been followed, and its deadlines have not been respected. If the Office wishes to follow a different procedure than that laid down, then the Codex must be changed first.

We respectfully submit that the Council ought to be alerted promptly, so that they can look for a new VP1 capable of taking up the considerable challenge of leading such an enlarged DG1 comprising more than 5000 staff members. In addition, we respectfully suggest that you coordinate your plans with the Council as soon as possible, to obtain a “green light” for your amended procedures.

Please let us know at your earliest convenience when this is done, so that we can then proceed with any necessary nomination. For abundant precaution, we must advise against giving any impression that the EPC may be disregarded without consequence. Such a sign could legitimately be used to question the validity of the EPO’s work.

Yours sincerely,

The Central Staff Committee

cc.: Council Secretariat cc.: Council delegations

We confirm that this letter was legitimately decided and produced by the Central Staff Committee1. __________ 1 Pursuant to Article 35(3) ServRegs, the Central Staff Committee shall consist of ten full and ten alternate members.

_________ The CSC presently consists of 8 full and 7 alternate members, because two have resigned in December 2014, one has been dismissed in January 2016 (against the recommendation of the Disciplinary Committee), one resigned as of October 2016, one has been further dismissed in November 2016 and one refused replacement of a full member since November 2016 and a further one since December 2014 against Article 7(3) of Circular 355.

Furthermore, one member of a LSC has been dismissed and a further full member of the CSC has been downgraded in January 2016 (against the recommendation of the Disciplinary Committee). In fact, the Office has launched investigations and disciplinary procedures against several other Staff representatives as well, affecting negatively their health.


None of the above surprises us. As someone put it some hours ago, “Battistelli is impervious to scandal, has full immunity and controls both the council and national politicians.” As we put it days ago, "Benoît Battistelli ‘Pulls an ErdoÄŸan’ Faster Than ErdoÄŸan."

Recent Techrights' Posts

GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
 
SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026
SLAPP Censorship - Part 30 Out of 200: The Time We Reported Abuse to Greater Manchester Police (GMP) and It Was Escalated to Its Cybercrime Unit
he started trolling and harassing me for criticising his employers' monopolistic and users-hostile agenda
'Modern' Cars Not a Rosy Industry
The current "modern" cars already have a shelf life similar to that of many toothpastes
Wrongthink Detector and Filter in "Think About the Children" Clothing
It is not about "age verification", it's a Trojan horse for social control
IBM Facilities Now Deemed Legitimate (Military) Target, Along With GAFAM Bases
Does IBM have any defences in place to protect against "downtime by explosions"?
What Happens When Some Large News Sites Turn to Slop and Spew Out Nonsense
LLM slop makes such grotesque mistakes abundant
Hardly Seeing Slopfarms Today, Even in Google News
Google's adventures with slop increased its debt significantly
Links 01/04/2026: Quantum Hype (Turing and Google), "US Fuel Prices Surge Past $4 a Gallon"
Links for the day
Gemini Links 01/04/2026: "Sacred Week of Cycling" and Zenity for Scripts
Links for the day
Losing Debian: Sruthi Chandran election flop
Reprinted with permission from Daniel Pocock
French judgment: parasitisme by FSFE & Matthias Kirschner (CO23.002709)
Reprinted with permission from Daniel Pocock
Microsoft Uses April Fools to 'Joke' About Inserting "Age Verification" (Surveillance) Into Linux
MinceR says the "lkml [message/page] one is April Fools or at least they're trying to pass it off as April Fools [however] the [GitHub] one was archived on the 8th and yesterday, so that probably isn't..."
IBM "Headcount Reductions" by Early Retirement and Death
The tragedy at IBM started 33 years ago on the first of April
Red Hat: Latin-1 character set under threat from Bishop Michael Martin, North Carolina
Reprinted with permission from Daniel Pocock
Links 01/04/2026: Microsoft GitHub Now Pushing Ads Into People's Code/Commits, Earth Overshoot Day Draws Nearer
Links for the day
What IBM and EPO Workers Have in Common: European Media Not Covering Very Major News (Press Became Dysfunctional)
Are IBM operatives working to scuttle the process of investigative journalism?
Free Speech in the United Kingdom When "Chilling Effect" is Increasingly Prevalent
If politicians cannot even use a term like "parasitic behaviour", then where do we as a society end up?
Oracle Lays Off Because of Debt and Commercial Issues, Not Slop
Like Scam Altman, Larry Ellison hangs around Cheeto King because he could use some bailouts in the form of government contracts or phony money with an incredible name like "Stargate"
The Real Reason Many Sites and Forums Shun Microsoft Lunduke
When forums say that they banned Microsoft Lunduke or don't want him mentioned it's probably because they are familiar with the "stench" that follows him around
Gemini Links 01/04/2026: Hallucinations, Stitching, and Type Systems
Links for the day
Lots of Layoffs at IBM, "Media Blackout" About Mass Layoffs at IBM's HashiCorp and Confluent Last Month
IBM is a dying company circling down the drain while manipulating or paying the media to pretend everything is fine
Microsoft Under Investigation by the UK's Competition and Markets Authority (CMA) for Abusive Tactics
What's noteworthy is that this is "set to begin in May"
Sounds Like Red Hat (IBM) Layoffs in Slop Clothing
This is an IBM policy. They try to justify staff cuts.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 31, 2026
IRC logs for Tuesday, March 31, 2026