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

Working for Freedom Makes You a Target
it's not about what you do but about who gets served
Claim That IBM Mass Layoffs Began Again in Europe, With Rumours It'll Close Offices
Unless IBM issues a statement (admission) to the media or issues WARN notices (in the US), the lousy media will simply assume - however wrongly - that nothing is happening and there's nothing to report
The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
 
Links 23/01/2026: Growing Censorship, Intel Falls (Another Bubble, Propped Up by Cheeto Bailout), and Huge GAFAM Layoffs Continue
Links for the day
Appeasing Bullies Doesn't Work
The reason we're still here and very active is that we're good at what we do
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Links 22/01/2026: Slop Fantasy About Patents, Retirement in China Now Reached at Age Seventy
Links for the day
Gemini Links 22/01/2026: Why Europe Does Not Need GAFAMs, XScreenSaver Tinkering, FlatCube
Links for the day
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to