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

Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
 
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026
Monday, January 12, Red Hat Layoffs Allegedly Planned
We'll update this post or follow up if or when we get more information
Slop Still Becoming Rare as Another Week Ends
Generally speaking, calm and quiet is desirable, it's what we hope for (an absence of slop, a lack of need to keep abreast of it, ultimately)
Links 10/01/2026: Iran Offline, Venezuelans Decry Civilian Casualties
Links for the day
GAFAM Wants War
Go war! Go bailouts! Go debt! Go Wall Street!
GNOME Foundation's Microsoft Developer Account
"Lately they're teaming up with Mozilla to eliminate middle click paste - something which I use continuously."
GNU/Linux and Chromebooks Rose to Almost 10% in Haiti
What's noteworthy is that this month GNU/Linux is measured at around 8% and ChromeOS at about 2%
Links 10/01/2026: "Abolish ICE or GTFO", Calls to Ban X/Twitter From Apple/Google App Stores (or Implement National Blocks) Over MElon Turning It Into Non-consensual Deepfake Porn Site
Links for the day
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day
Plot Twist: Microsoft MSN Relays Articles Hinting at or Pointing to Mass Layoffs Soon, Other Gossip
the narrative from Microsoft's "PR bunny" (Shaw) is showing mold already
Links 09/01/2026: Google and Character.AI Implicitly Accept Chatbots Kill Kids and GLP-1 ‘Slimming Pens’ Turn Out to be a Lot Worse Than Advertised
Links for the day
'Vibe Coding' is Not "AI", It's a Sewer, It is Junk
Linus Torvalds was wrong. 'Vibe coding' isn't good for anything.
GNU/Linux May be Approaching 10% "Market Share" in Montenegro
The surge started around 2021
At IBM, "Employee Reviews" (or Appraisals in the UK) Are a "Trojan Horse" for RAs (Mass Layoffs), a Waste of Time
comments from IBMer serve to suggest that appraisals can be precursors
Links 09/01/2026: Technical Blogging Lessons Learned and Google's Gmail Getting a Lot Worse
Links for the day
More IBM Layoffs in India
If IBM cannot afford to retain workers in India, then something is truly "out of control" at IBM
Escaping GAFAM Colonialism Requires Homegrown Free Software
GNU/Linux now measured at 3% in Zambia
Dr. Richard Stallman Has Done No Harm to the GNU Project or the FSF (He Had Benefited Both, Always, Even After the Attacks on Him Began)
Some people try to prevent Dr. Stallman from speaking or having a platform where many people can hear him
GNU/Linux at 4% in Saudi Arabia, Says statCounter
Some years ago Windows fell to a "market share" of just 11% there
Microsoft Isn't Denying the Mass Layoffs
Still silence from Microsoft
In Western Africa GNU/Linux Flirts With 5% Market Share
there's a gradual increase in GNU/Linux usage there
Gemini Links 09/01/2026: Pro1 X Repair and the Mercury Protocol
Links for the day
Links 09/01/2026: Cambodia and China Extradition, "NATO’s High-risk Patrols Near Ukraine"
Links for the day
No, Microsoft Did Not Deny the Q1 Mass Layoffs (Microsoft Can Delay These)
Maybe they disperse or delay the layoffs (changing plans), but the layoffs are going to happen
Only One Person in Charge of Fedora is Not IBM Staff
This is not a community project, it's just a way for IBM to onboard unpaid volunteers
This Is Not a Drill, GNU/Linux is Really Going 'Mainstream' on Laptops (and Desktops)
It is important to explain to people software freedom
IBM Albany Layoffs
not only did many in the site lose their job; there's more to come "and likely another one in February" (weeks from now)
EPO Workers' Industrial Action to Include Many Strikes, to Last Several Months
In some ways, The Hague and Bavaria are becoming almost indistinguishable from Moscow
EPO People Power - Part XXIX - Getting DER SPIEGEL, FAZ, Deutschlandfunk and Sueddeutsche Zeitung (SZ) to Cover EPO Scandals
We kindly ask our readers to contact their local media and urge it to cover the scandals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 08, 2026
IRC logs for Thursday, January 08, 2026