Bonum Certa Men Certa

The EPO is in Disarray and Additional Complaints to the European Court of Human Rights (ECHR) May Be Imminent

Jesper Kongstad, Battistelli's protector, is alleged to have been ousted by the Danish government; is Battistelli next?

European Court of Human Rights logo



Summary: Team Battistelli reaps what it has sown, as complaints are being made to a court with "47 member states [that] are contracting parties to the Convention," (European Convention on Human Rights) according to Wikipedia

TECHRIGHTS is encouraged to see the USPTO (or at least courts which govern patents in the US) cracking down on software patents (we shall cover that separately). At the EPO, by rather sheer contrast, software patents are being 'smuggled' into Europe, in direct and clear defiance of the rules (certainly against the standards of national patent offices and against the spirit of patent law). This has long been our principal if not sole criticism of the EPO, predating by many years the union-busting débâcle of Battistelli. Our track record, as in our past coverage, makes this abundantly clear.



"Earlier this year we asserted that the EPO had become a laughing stock for being (perhaps) the first major office to grant patents on CRISPR, leading to a 'domino effect' that can negatively affect other patent offices."Last year the number of patent grants soared; EPs were granted quickly and leniently, irrespective of merit, due to unreasonable pressure from management. Those who don't play along get fired (asked to resign). Earlier this year we asserted that the EPO had become a laughing stock for being (perhaps) the first major office to grant patents on CRISPR, leading to a 'domino effect' that can negatively affect other patent offices.

The EPO granting patents on life (seeds, plants, pigs etc.) in defiance of its own rules is not a new thing. But it now looks like a bottomless pit/slippery slope, where patent quality matters not at all and patent scope is discarded/disregarded/dismissed as a barrier to "production" (a term Battistelli loves to use). See this new press release that says "Caribou Biosciences, Inc., a leading genome engineering company, announced today that the European Patent Office (EPO) has granted a broad CRISPR-Cas9 genome editing patent to The Regents of the University of California, the University of Vienna, and Dr. Emmanuelle Charpentier. Caribou holds the exclusive license to the foundational CRISPR-Cas9 patent estate from the University of California and the University of Vienna."

"Thankfully, staff is now taking the EPO to one of the highest courts in the entire world."The floodgates have opened and before there is a chance for opposition or referral to the appeal boards the Office continues to grant patents on genome! This is a travesty! Ask any examiner in that area; they too should know the ramifications. But in order to keep their job they probably have to play along.

Thankfully, staff is now taking the EPO to one of the highest courts in the entire world. It has rather broad jurisdiction. Various people are noticing articles about this (e.g. in IP Kat comments; funny how IP Kat refuses to cover this major development!). It's not just in Dutch anymore but also in German and in English (WIPR and Christian Kirsch in German media that EPO management previously censored by threatening those who linked to reports from it). Battistelli has made a disgrace of the EPO and people notice the outcome:

The Staff Union of the European Patent Office (SUEPO) has filed a complaint with the European Court of Human Rights (ECHR) over its dispute with the European Patent Office (EPO).

In January this year, the Dutch Supreme Court ruled that courts in the Netherlands have no jurisdiction to rule on the wrangle, in a win for the EPO.

The trade union alleged that the EPO limited the right to strike, blocked emails from SUEPO and refused to recognise the union, violating the European Convention on Human Rights.


Another British publication that wrote about this is The Register. Funny that the British media covers EPO scandals more often than the German media, in spite of the EPO being based in Germany. The German media has generally been extremely uncooperative and disinterested; I never managed to convince anyone in it to cover EPO scandals. I tried. Many times.

The latest report from The Register has few factual errors but otherwise it's pretty accurate. There are some comments that are short and/or factually not correct (or purely sarcastic) because most readers of The Register are outsiders to all this. "I can’t imagine it’s being very productive in the past couple of years," one person wrote, "for an EU body..."

No, the EPO is not an EU body. There are a few other comments there which we would rather skip, but here is a handful of quoteworthy ones:

vote in a suitable replacement

could interfere with plans to vote in a suitable replacement for Battistelli when his term runs out in 2018:

By which time Battistelli will have re written the rules so that only people whose surname starts with a B and have been approved by the current President can stand.


That's what more and more people now suspect and worry about.

Here is a more 'radical' approach:

Time to bin the EPO and create a replacement

I think it's clear that the EPO is horribly injured and should be humanely euthanised.

Like people on a poorly led open source project, if the staff in the EPO were given the option to move to a new organisation I imagine they would take it.

I can see the talk in capitals around Europe being along the lines of "well, whatever we do let's not setup another supranational organisation like the EPO".


Knowing ICANN's scandals, one person wrote this:

Battistelli's fallback position

If he gets ousted at EPO eventually, I'm sure he'd be welcome to join ICANN's board.


Then there's this:

Above the law

No organisation, and certainly no individual, should ever have that much power. It's utterly obscene, especially given that the organisation in question is just a glorified business operation, not some life-or-death public utility.

Not only does the totalitarianism of the EPO urgently require intervention, but the whole concept of "immunity" from any sort of accountability, due to some bogus and outmoded diplomatic protocol, needs to be not just reviewed but summarily abolished.


Benjamin Henrion said, "you cannot sue the EPO for maladministration, can you?"

One cannot sue the EPO for anything, unless it lifts its own immunity. We covered this a couple of years ago when the EPO threated to sue yours truly, a blogger. WIPO does something similar right now.

"We hear that yet more complaints to ECHR might soon be made, not just by SUEPO but also individuals who are EPO staff."Henrion responded to this tweet from Dr. Luke McDonagh, who had retweeted Abel & Imray, adding: "European Patent Office being brought before the European Court of Human Rights (p.s. law students, remember neither is an EU institution!)"

As we noted recently, ILO part of the issue at hand. ILO too is immune and it's failing to fulfill its mission which is assuring justice in other international institutions.

We certainly hope that the European Court of Human Rights (ECHR) will recognise that it has a big mess in its hands. It ought to decide to seriously take on the matter, albeit it can take up to 3 years for a final determination to be made (by which point SUEPO might be altogether squashed and EPO layoffs eliminate the remainder of the representatives). We hear that yet more complaints to ECHR might soon be made, not just by SUEPO but also individuals who are EPO staff/former staff.

As a new comment put it minutes ago: "Nice news, but comes too late. Apparently suepo is dead: there will not be enough candidates for the staff committee (deadline is the 15th and candidates are lacking). Without elected representatives in the staff committee, suepo will not be present in meetings with the president, since they are not recognized as a union. Expect the rate of reforms to accelerate. Expect the pension reform to be implemented this summer without input from the staff."

Recent Techrights' Posts

General Assembly Covers EPO Strikes on Thursday, September 17th (2026)
The EPO's staff representation at The Hague has asked people to join an upcoming online session about industrial actions
SLAPP Censorship - Part 182 Out of 200: UK Dockets With Machine-Generated Applications to the Court (From American Slop Companies)
Earlier this year Garrett was using machine-generated output as legal papers and submissions
 
RFID Ambitions Already Established by Widespread Skinnerbox Adoption
A society that cannot maintain privacy for those who deserve it will not manage to assure dignity of citizens
SLAPP Censorship - Part 183 Out of 200: What Actually Happened Two Months Ago (Based on People Who Attended)
It's dangerous to assert what happened in a hearing you did not attend (there was no video stream or recording, either)
Phil Harvey, an Editor-in-Chief in a B2B Site, Explains Why ChannelFutures (Connected to TechTarget) and Other Sites That Used to Cover Linux Deleted Many Articles
Every old article in channelfutures is gone!
Software Freedom Day 2026 is 5 Days From Now, Fresh Reminder to Boycott Proprietary Software
Let this be a timely reminder of why people should avoid proprietary software
Links 14/09/2026: Slop Hardly Used for Actual Work (Chatbots Are for Lonely People), Slop Bots (Scrapers, Plagiarism) "Are Thirsty for Power"
Links for the day
Gemini Links 14/09/2026: Trip, Hiding, and OCR
Links for the day
IBM PIPs Are Layoffs (RAs Come Later Even If You Satisfy the "Performance" and "Plan")
Notice how "the media" almost never mentions silent layoffs, as if just because they're silent, there's nothing to investigate, nothing to see there
Slop Companies Engage in Plagiarising the Web, Now They Pay People to Contaminate the Web With Their Lies
Remember that the lawfare against us is funded by slop salaries!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 13, 2026
IRC logs for Sunday, September 13, 2026
Microsoft is Laying Off All Year Long (It's Just Keeping Quiet About It)
The issue here is also the media. It's complicit.
MElon's Twitter Takeover Was Meant to Amplify People Like Himself or David Heinemeier Hansson (Slop Pyramid Schemes and Bigotry)
Social control media is not neutral
Microsoft Lunduke of 'Linux Sucks' (and Microsoft Corp.) Tries to Replace GNU/Linux With Toxic Discussions About Toxic Politics
Poisoning the well people drink from
Links 13/09/2026: Republican Campaign Aide Uses Nazi Photo and Convicted Felon is Wielding Power to Stifle Speech
Links for the day
Gemini Links 13/09/2026: Never Settling, Plain Text Digital Life, and Newsgroups
Links for the day
Efforts to Cancel Matt Mullenweg Have Made Us More Sympathetic Towards Mullenweg and More Sceptical of the People Who Run Automattic (Named After Mullenweg)
Mullenweg, unlike Automattic, is not "in it for the money"
Boosters of Omarchy Are No 'Underdogs'
There are many Arch derivatives that do not rely on "viral" marketing in MElon's child porn-pushing social control media and are instead relying on real development, not slop
PIPs Are a Setup: They Set Workers Up to Fail While Working Their Arse Off Before Getting Kicked (Out) in the Arse
Malicious and exploitative
SLAPP Censorship - Part 181 Out of 200: This is Really More Like Brett Wilson LLP v Schestowitz (Using Money From American Slop Companies, Plagiarism Pushers)
We approach the parts where we explain that the Application to the Court with Garrett's name on it was instead complaining about fair criticism of the combative law firm (irrelevant to any injunctions) as if it was impermissible to explain what it had done - and still does - to my wife and I
It Sometimes Feels Like Slop Companies Are Committing Online/Digital Crimes
"GPT" out of control
Gemini Links 13/09/2026: Why Omarchy is "Plain Disgusting" and "AI Slop" and Why "Plain Text To Do List" Rocks
Links for the day
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026
Televisions Have Become Billboards
Bottom line: you get what you pay for
Mass Layoffs at Microsoft as "Voluntary Separation Agreement" (or PIP)
the man who kept lying about the layoffs has just left the company
The Cyber Show on Media Clickbait About Slop as 'Existential Threat' and Derek Thompson's Response to That
Ignore the hype, focus on real news
Links 12/09/2026: "Revolt Is Here" Against Slop and "Top Chinese Court" Cracks Down on Slop That's Fake/Misleading
Links for the day
Gemini Links 12/09/2026: Rants About Slop, Switching From QWERTY, and Why TVs Are 'Cheap'
Links for the day
SLAPP Censorship - Part 180 Out of 200: A Third Act, (Mis)Using Your Client's Application to the Court for Your Own Purposes as a Law Firm (Reputation Management and Censorship)
How much can a lawfare firm get away with?
Canonical Has Withdrawn Ubuntu 24.04.5 Installer Due to a Critical Bug Connected to Microsoft-Controlled Restricted Boot and TPM
already breaking systems running GNU/Linux [...] Who asked for TPM in Linux?
SLAPP Censorship - Part 179 Out of 200: Using One's Clients to Save Face at Their Expense
Who's being served really?
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026