Bonum Certa Men Certa

Colossal Institutional Failure Surrounding the European Patent Office (EPO) and EPO Chickens Out of Debate About It

Summary: Shielded by a network of institutions, governments, and departments that facilitate the EPO's abuses by inexcusable inaction, Team Battistelli continues to hoard more money and power

I HAVE never come across anything quite as corrupt (and at the same time immune/resistant to scrutiny/above the law) as the EPO. It's truly astonishing. I thought we live in a society where the Rule of Law applies, but apparently there are some exceptions, for supposedly benevolent purposes.



A couple of days ago EPO critic Thorsten Bausch (from Hoffmann Eitle) covered an event in which Team Battistelli's 'Nemesis', Professor Bross, played a role/part, noting quite correctly that the EPO succumbed to the level of violating the EPO's own rules and founding document. To quote what is typically a pro-UPC and pro-EPO blog:

The MPI has been courageous enough to invite an eminent speaker to give a lecture on a topic that may sound curious or even somewhat provocative to some – note the question mark, though: “The Patent Granting Practice under the EPC – Erosion of the Rule of Law?” Enter Professor Dr. Siegfried Bross (German spelling: Broß), an extremely cultivated elder gentleman who speaks in a soft voice with this inimitable Swabian accent that non-Germans may remember from interviews with Albert Einstein. Before summarizing his lecture, it may be appropriate to introduce the lecturer to the international readership of this blog. Professor Bross has had a long and splendid career as a German judge; in particular, he spent twelve years (1986-1998) on the Xth Civil Panel [Zivilsenat] of the Federal Court of Justice. This Panel is, among other things, responsible for all patent cases at this court and is thus Germany’s top patent instance. And to top even that, Prof. Bross was then appointed to become one of the sixteen judges of the German Federal Constitutional Court, where he served for another twelve years until he retired in 2010.

[...]

Let us now turn to the message ofF’s lecture. His key thesis was that the basic framework of the EPC is not sustainable under the principles of the rule of law (“das Grundgerüst ist nicht tragfähig nach rechtsstaatlichen Grundsätzen”), and that the recent EPO reforms with regard to the Boards of Appeal are “ohne rechtsstaatliche Substanz” [without any substance in regard to the rule of law]. Boom.

Prof. Bross’ main criticism of the EPC framework was that it does not sufficiently respect the necessary separation of powers and does not sufficiently observe democratic rules and responsibilities. He argued that the Administrative Council and the EPO management negotiate structures without any parliamentary discussion, contrary to the established jurisprudence of the German constitutional court. He reminded the audience that the EPO legal order is not an integral part of the EU legal order nor is it identical to or even harmonized with it, even though many Member States of the EPO are also EU Member States. And he criticized the EPO Member States for having established an almost omnipotent executive with no proper checks and balances by an independent judiciary.


Quoting further fragments, highlighted by EPO insiders: "The MPI organizers of this afternoon session had hoped that Prof. Bross’s lecture would be followed by a lively discussion among a panel [...] that included, inter alia, a representative from the EPO and one from the German Ministry of Justice. [...] It is regrettable that this was not to be, since these two representatives did not show up. [...] Prof. Bross encouraged all institutions and stakeholders to get into regular discussions with each other, [...] but acknowledged that little can be done if institutions refuse to enter into such a dialogue. So much for that."

Here is the 'money quote': “States are not allowed to unite in such a way that humans become objects”

Not only states have allowed this to happen; even the ILO's Administrative Tribunal (ILOAT) enabled this by passivity, procrastination, and unwillingness to properly enforce the law. Covering what's wrong with the European Patent Office has thus far helped expose rot and dysfunction also in the EPO's AC, ILOAT, DKPTO, EC and so on. With few exceptions here and there, they're all in this together. The German Ministry of Justice is also one of the big culprits; by turning a blind eye to abuses, just like Dutch authorities that look for excuses, it becomes somewhat complicit.

A few days ago SUEPO was openly complaining about ILOAT. Institutional failure after nearly a century? Here is the original complaint [PDF], published several days ago with the following concluding words:

The ILO-AT is one of the oldest and one of the largest Administrative Tribunals. It now serves more than 65 international organisations with more than 58.000 employees. If its size is a measure, ILO-AT is uncontestably a success. But the Tribunal risks to become a victim of that success if it does not find a way to deal with its increasing workload while meeting modern standards of justice.

SUEPO believes that there are a number of fundamental weaknesses in the way the Tribunal is organized and presently operates, many originating from the past. These weaknesses must be addressed if the Tribunal is to live up to the purpose for which it was originally created, namely to be a judicial tribunal that ensures to officials of its member organisations “the firm conviction of safety and security emanating from justice, provide a judge for every dispute, and preclude the possibility of one of the parties being a judge in his own causei.”

In 10 years the Tribunal will celebrate its 100 years anniversary. We encourage the Tribunal to reflect on what it wants to stand for, and how it wants to be seen in 10 years’ time: as a modern Tribunal that, through fair and transparent procedures, provides for the necessary balance of power between international civil servants and their organisations, or as a relic of the past that is seen by many as complicit with rogue administrations, not least the EPO?

To live up to their reputation as global defenders of peace and justice, International Organisations must themselves set the example and provide their staff with a justice system that operates, and is seen to operate, to the highest standards of transparency and fair play. This imposes on the Organisations that are Members of the Tribunal, first and foremost among these the ILO itself, to support the Tribunal in modernizing its practice.


The Central Staff Committee, not to be mistaken for SUEPO in spite of overlaps, also earned some press coverage from The Register a few days ago. It speaks of Battistelli's continued pursuit of absolute power, in defiance of everything the EPC stands for:

The central staff committee of the European Patent Office has sent a letter to the organization's board warning it of proposed changes that would further undermine their rights.

The letter to the board of the EPO's Administrative Council comes one day before its preparatory meeting for the larger council meeting next month. That meeting is expected to center – yet again – on the breakdown of relations between staff and management.

On the agenda is reform of the EPO's disciplinary and investigative rules as well as its appeal process – something that has been pushed by critics of the EPO's current president Benoit Battistelli.

[...]

The exact same process of tinkering with internal policies in order to award greater powers to the president's office has happened repeatedly at all levels of the EPO, and have led to him being dubbed "King Battistelli."

The situation has grown so dire that the staff has even taken the EPO to the European Court of Human Rights in an effort to impose some rules over their treatment (EPO management claims immunity from national laws due to its status as an international organization).

Ironically, reform to the disciplinary proceedings and appeals process has been championed by one of Battistelli's fiercest critics – Dutch secretary of state for Economic Affairs, Martijn van Dam – as an example of how concerned member states are imposing some kind of accountability on a president run amok.


The EPO is a truly rogue institution, but those who guard its immunity and impunity are part of the problem, so we intend to dedicate more time and energy to exposing them too. Readers are encouraged to send us information and material that can help us pursue justice in Europe.

Recent Techrights' Posts

Gemini Links 08/01/2026: "New Year, Old Plans" and Alex's "Butlerian Jihad"
Links for the day
LLM Slop About "Linux" Scarce and of Very Low Quality
At this rate, we reckon there may be one (or zero) per day by year's end
IBM's "Forever Layoffs" (to Bypass Warnings or Notices as Required by WARN Act)
There is a bunch of speculations about when the next "major round" of RAs will be
Attempts to Undermine This Site's Latest Series Using Intimidation, Threats, and Presumptuous Accusations
threatening language is less effective when everyone is an alibi
Links 08/01/2026: "Golden Smartphone" Scam and Riseup Account Issues
Links for the day
Links 08/01/2026: Possible "Collapse of NATO Over Greenland"; Journalistic Malpractice and "US Voters Hate Slop"
Links for the day
EPO People Power - Part XXVIII - A Sensitive Issue for Germany and The Netherlands
If Germans who read this series can communicate this to public officials or to their media, maybe they can strike a nerve and get the ball rolling
Age Discrimination at IBM Discussed Amid Mass Layoffs (Especially in the United States)
Workers are anxious. Are they next to face the axe?
Gemini Links 08/01/2026: Potentiometer Calculator, Power Outages, Why You Should Abandon Discord for IRC (e.g. Ergo), and Formatting Gopher Posts
Links for the day
Links 08/01/2026: More Software Patents Squashed, White House Repeats Misinformation From the Kremlin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 07, 2026
IRC logs for Wednesday, January 07, 2026
The Free Software Foundation (FSF) Looking to Add Associate Members
"Celebrate '26 by helping us reach our New Year's goal before Jan. 16: join as an associate member today. You will help the FSF remain strong and independent to empower technology users everywhere. Join us today and help us reach our goal of 100 new associate members!"
Only Google is Still Spreading Lots of Slopfarms' Fake News and Plagiarism About Linux
2 days' worth of Google News spewing crap out about "Linux"
Georgia Institute of Technology (Georgia Tech) Formally Announces Upcoming Richard Stallman Talk
Room 100, Scheller College of Business
Links 07/01/2026: Europe's 'Binding Commitments' on Ukraine's Security, "Venezuelan Leaders Project Independence"
Links for the day
Gemini Links 07/01/2026: Smart Toaster and Social Control Media Fatigue
Links for the day
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Even Microsofters Now Speak About Microsoft Reportedly Planning to Sack 10% of Its Staff (as Early as This Month, or 2 Weeks From Now) as Real Income Falls
Microsoft buying from Microsoft isn't real income, it is accounting fraud
The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026
Gemini Links 06/01/2026: Collective Responsibility, Pico2DVI, and TV Detox
Links for the day
Microsoft Loves Freedom, Democracy... and Linux? No, Microsoft Laying Off Because "Microsoft Loves Linux" Was Failed Posturing, Its Former Staff Moves to GNU/Linux
"What are the running totals for IBM and Microsoft layoffs?"
GNU/Linux at 4% "Market Share" (Even According to Steam Survey)
Another milestone
Links 06/01/2026: Neglect of the Elderly, Abandonment of International Laws
Links for the day
Links 06/01/2026: More Reports Point to Mass Layoffs at Microsoft (Later This Month), Greenland/Denmark Cautions the Dictator Who Illegally Invaded Venezuela
Links for the day
Internet Policy/Net Reality: You Must Never Ever Rely on Google (no "S.E.O." Either)
Stack Overflow is dying
Ahead of Mass Layoffs Microsoft Tries to Rebrand or Redefine XBox (Because the XBox is Tentatively Dead)
2026 will be the last year of XBox in all likelihood
Richard Stallman (RMS) Announces His Georgia Talk 2.5 Weeks in Advance
A lot earlier than usual
Dr. Andy Farnell on Technology That Harms People (and Lack of Regulation Which is Needed to Address This Problem)
Dr. Farnell's article is long but well worth reading
GNU/Linux Rising to 5% in Cameroon and It's Hardly the Exception
"AI" is just a smokescreen as losses pile up
Rumours: Microsoft to Lay Off 12,500-25,000 Workers Soon (Tentatively Wednesday, 15 Days From Now)
"Layoffs are coming third full week of Jan. Likely 21st but these things can move around a bit based on last minute developments."
EPO People Power - Part XXVI - European Media Has Become Part of the Problem
it is as clear as daylight that Cocainegate is real
IBM 2026 "Organizational Change/s" Means Layoffs Resume Soon, Some Claim "Forever Layoffs."
It's about "narrative control"
Microsoft Layoffs in January 2026
Get ready
Google Still Boosting Slopfarms
Slopfarms will probably all perish as soon as Google News quits sending them visitors
Links 06/01/2026: Cryptocurrency Scam Emails and Greenland's Fear of Getting 'Venezuelad'
Links for the day
Links 06/01/2026: DIY Projects and Inertial Music
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 05, 2026
IRC logs for Monday, January 05, 2026