Bonum Certa Men Certa

It's Official: Battistelli Will Leave the EPO in Less Than a Year

Battistelli out



Summary: Battistelli's position is up for grabs (see above), but it remains to be seen who takes this position and what Battistelli does afterwards

EARLIER today we wrote about the final day of strike and the lack of independence that ensues (not just judges' independence). Well, one thing the staff is almost guaranteed to have before the next Independence Day is independence from Battistelli (albeit not Team Battistelli, which might occupy the same position by succession).



Battistelli's 'notice of removal' -- so to speak -- was published on the planned date (as per the leaked document we received and published weeks ago) and Battistelli's protectors at IAM said: "Is this first time EPO President's job has been advertised? Usually candidates nominated by national governments."

Well, here is the ad from epo.org

The post of President of the European Patent Office falls vacant on 1 July 2018.

The President manages the Office, under powers laid down in the European Patent Convention (Article 10 EPC). The official languages of the European Patent Office are English, French and German.

Candidates must have a diploma of completed studies at university level and proven high-level management experience.


Some people suspect that Battistelli will try to sneak into some UPC-related position while assuring that some crony of his continues to run the EPO.

Regarding the UPC, we very much doubt anything at all will run by July 2018. There are constitutional issues in Germany and determination on the matter may come no sooner than January 2018, whereupon there are still barriers in Poland, Spain, the UK and so on.

The following new comment appeared today regarding the constitutionality of the UPC/unitary patent:

That discussion is to test the "imbalance" argument of Bross. ("A further point was the unjust imbalance...")

It seems to me Bross is arguing that even if the EPO boards were a court, the imbalance caused by the opponent getting two shots would be sufficient to render the EP/DE system as a whole unconstitutional.

Now replace EPO boards with BPatG and the argument applies in just the same way to the DE/DE system.

His other arguments also seem flawed. Whatever problem there may be with the EPO (or not), from a German national point of view it logically cannot affect the constitutionality of the UPC/unitary patent more than it affects the constitutionality of the EP/DE system. The role of the EPO is exactly the same in both systems.



"I had not understood the Professor's compliant to be based upon the mere existence of a "2 shots vs 1 shot" imbalance," said one response to that. "Instead, my understanding was that the complaint relates to the imbalance in the number of unappealable (and unconnected) decisions. It is that imbalance which has the appearance of unfairness."

They are still struggling to figure out what the barrier is all about. The less they know (opponents of a sane patent system and proponents of UPC chaos), the better...

In another thread, this one about the UK and brexit, the following was said today:

Anon - all of the previous legislative steps that you mention occurred prior to both the EU referendum and the triggering of Article 50. Thus, given that the UPCA requires its PMSs to be EU Member States, one would have thought that it would be eminently sensible for the JCSI (and/or the committee of the commons or Lords) to conduct a quick check of whether the UPCA stands any chance of surviving.

Whichever way you cut it, the current UPCA is unworkable post-Brexit. Given that there is no amended UPCA (nor any prospect of such an amended Agreement being drafted, agreed and ratified in the near future), why on earth would Parliament contemplate giving the government the green light to ratify something that looks like it will be pronounced (by the CJEU) dead on arrival?

If your argument is merely that procedural rules prevent the various committees applying common sense, then what does that say about the current rules? Personally, I would have thought that the unexpected arrival of an existential threat to the UPC (ie Brexit) justifies "bending" the rules a little to allow for an assessment of the UPCA's chances of survival.


Our UPC predictions have always been correct (so far) and we expect nothing to really get off the ground before Battistelli's tenure is over (or ever). That penthouse he build for himself at the expense of contractors may still be enjoyed by Team Battistelli, but not Battistelli himself.

Recent Techrights' Posts

Georgia Institute of Technology (Georgia Tech) Formally Announces Upcoming Richard Stallman Talk
Room 100, Scheller College of Business
 
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"
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