Bonum Certa Men Certa

“EPI Makes No Protest When the AC Connives With Battistelli to Trash the Rule of Law”

The public image of the EPO is severely damaged due to miscarriage of law and low patent quality

Blatterstelli and FBI



Summary: The man whom EPO insiders have dubbed "Blatterstelli" (Blatter-Battistelli) carries on acting as though he's virtually if not practically above the law, but complaints are piling up and the future of the EPO is now as uncertain as the UPC's future

THE EPO may be Europe's most lawless place. One can be charged at any time, with made up allegations, then dismissed and prevented from seeking future employment (without risking loss of one's pension).



"One can be charged at any time, with made up allegations, then dismissed and prevented from seeking future employment (without risking loss of one's pension)."It gets even worse than this. For nearly two months we have been writing about how the EPO 'deletes' holidays. It effectively forces staff to show up at work on public/national holidays. SUEPO wrote about it last week, but then deleted it (we had made a copy, thankfully fast enough). It now says something about it to the Munich-based staff (under SUEPO Munich). Here is the introduction:

On 31 October 1517 a German monk, Martin Luther, nailed his Ninety-five Theses on the door of the All Saints' Church in Wittenberg thereby initiating what is called the Reformation. For the 500th anniversary of the Reformationsday, 31 October will be a lawful holiday in all of Germany, but not at the EPO. It is now time for SUEPO Munich to publish its own Theses.


The full PDF is in German and there's probably no English translation on its way. Not that it matters all that much; the nature of it would probably mean a lot more to native Germans anyway (more so than Europeans who moved to Munich for this job). It's an insult if not worse than an insult. Battistelli is flexing his muscles and reminds staff that he is essentially above the law and there's nothing staff can do about it.

Speaking of "above the law," someone wrote to tell us early this morning that when it comes to the UPC, "Germany hits the brakes" (for good perhaps).

"Very entertaining law firm audio podcast," we got told, discusses "the contents of the German constitutional complaint. The interesting part starts at around minute 13:35, well worth listening to!"

The tweet says: "Learn how 1 individual singlehandedly added years to #UnifiedPatentCourt ratification" (the term "added years" is an understatement because it might not be stalling but slaying).

This show is astonishing because what we have here is McDermott speaking to its own staff, Henrik Holzapfel, "an IP partner in McDermott’s Düsseldorf office," based on the outline. We've listened to this show and were surprised to hear them saying that Europe had been calling for UPC for 50 years. That's nonsense. They keep trying to blame "one person" (there's repetition of this, belittling the complainant) and they reveal that there are 170 pages in this complaint. At least we now know the scale of it. The Unitary Patent is dead if what they say is true; the issues range from language (discriminatory against SMEs, e.g. several overlapping motions in different languages), there are severe issues pertaining to appointment of judges (sitting with attorneys, creating a conflict of interest), then the 6-year term and renewal thereof by a committee which also has a conflict of interest. The whole thing sounds so... Battistelli-ite. In the complaint, "a lot of it are [sic] not without merit," the show host admits. They are speaking about the possibility that this will undermine the entire UPC; both agree that there's merit but focus on the complainant instead.

How did the UPC even get as far as it has? We've been openly asking that question for at least half a decade. It's obviously unconstitutional in many nations, but when it comes to EPO it doesn't seem like anything matters (international laws, the EPC, national law, human rights, courts at The Hague, ILO rulings).

As someone put it in a comment yesterday (with our emphasis added):



You ask why the EPI makes no protest when the AC connives with BB to trash the Rule of Law. It seems obvious to me: The Officers and Members of the EPI are frightened of losing their corporate clients.

The corporations have an interest in driving down the level of human rights that protect their employees. What could suit their purposes better, than 38 Sovereign States acquiescing in demolition of those human rights. After that, those governments cannot criticise a corporate employer for doing no worse than the government itself, as employer.

So, the corporations will not look kindly on any firm of patent attorneys that leaps to the defence of employees at the EPO. To the contrary; such firms will find that they start to get less work from their corporate clients.

Remember, a multi-national corporation is an entity without any morals. It is itinerant (a citizen of nowhere) driven only to reward its owners, the shareholders. To them must be delivered their quarterly return, their dividend, regardless what it costs. Human rights don’t show up on the balance sheet.


The next (and latest) comment is good also:



I think that the reasons for inaction of the professional associations (including the epi) are many, varied and complex. However, I would be very surprised if, for many of them, a key reason is an inclination to maintain influence by not rocking the boat too vigorously. This is likely to be a key factor for the “rebel” AC delegations too.

It is therefore beyond tragic that the current President appears to have discovered how to ruthlessly exploit this inclination of the AC and the professional representatives. Whilst it is impossible at this stage to be certain precisely how he does this, certain strategies stand out as obvious candidates.

The first theoretical possibility is bending / breaking the rules and then only later asking for the AC to sanction the actions taken.

The second theoretical possibility is securing (by fair means or foul) the undying loyalty of a sufficient number of AC delegates, and then ensuring that the stance taken by those delegates makes it “too difficult” for the “rebel” AC delegates to ever win the day on any meaningful issue.

The third theoretical possibility is deliberately presenting an outrageously bad proposal that contains some “straw men” upon which the “rebel” AC delegates can expend their energy and influence fighting. The second part of this strategy is to then, with great theatrics intended to give the impression of extreme reluctance, agree to changing points that do not matter to you… but only on the condition that other points (which were the ones you really wanted in the first place) remain without amendment.

I think that we can all agree that the first of these three strategies has been deployed on at least one occasion. I leave it for those intimately familiar with the workings of the AC to comment upon whether the other two have also been deployed.

With so many ways for the President of the EPO to exploit a key weakness of the AC, it is perhaps no coincidence that there is so much evidence of the tail appearing to wag the dog. The question is, which line does the President have to cross before the AC decides to tackle the problem head-on?

Events that have so far not provoked the AC into action include: a Board of Appeal ruling that the President had attempted to undermine their independence; a national court ruling that the EPO has not respected certain human rights; refusal of the President to obey a direct order from the AC in connection with disciplinary proceedings relating to staff representatives; and trashing of the EPO’s reputation (in particular with regard to quality, as well as failure to uphold the rule of law).

I would have expected any one of those developments to provoke a furious response from the AC. The fact that there has been no response after so many developments suggests that we can be fairly confident that the seeds of the EPO’s destruction will have been sown and nurtured, and will be starting to bear fruit before the AC realises how serious the situation has already become.



To be fair to the EPI, it did in fact criticise Battistelli, but soon thereafter it deleted its own criticism (we can only speculate/wonder as to why).

Recent Techrights' Posts

IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
 
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back
A Lot Less GAFAM in Scandinavia
Are they reacting to geopolitics and risks from the US?
IBM Kills Companies It Bought (Neudesic Seems Like Latest Casualty)
Why isn't even a single publisher investigating those things?
Fake "Linux" Articles
Just because some platform has "Linux" in the domain name and/or site name does not imply that it is a news/Linux site
Gemini Links 31/01/2026: "Proof Without Content" and "Technology Connections"
Links for the day
Links 31/01/2026: Microsoft "OpenAI Representatives Are Going to Critics’ Houses With Threats and Demands", Its Proprietary Chaffbot Faces More Lawsuits
Links for the day
Links 31/01/2026: "Introducing Encrypt It Already" and "Huge Cache of Epstein"
Links for the day
A Can of WORMS - Part I - Trying to Throw RMS Under the Bus at MIT and Everywhere Else
This series won't give air to online 'trolls'
Mobbing at the European Patent Office (EPO) - Part I - An Introduction
When the series ends, some time around the second or third EPO strike of this year, we'll contact the relevant authorities and plead for intervention
The Solicitors Regulation Authority (SRA) Delusion - Part I - Who Regulates This Regulator? (Only Itself!)
We won't self-censor or prematurely terminate this series
Norway Almost Trusts Russia More Than the Bill Gates (Sleeping With Young Russian Girls) Company, Microsoft
Microsoft represents crime
Riddle Us This... (Jim Zemlin and Bill Gates)
Do these people even understand the literal meaning of "safe space"?
Is "Nobel Prize for Peace" a Sick Person's 'Code Word' for Gangbanging Now? Ask Bill Gates.
Watch all the Gates apologists getting all silenced/silent
BBC Gaslights Women Sexually Exploited (Many Under Legal Age) for Its Rich Sponsor, Bill Epsteingate (Gates)
Is this a national broadcaster or a propaganda tool "For Rent"?
Microsoft 'Open' 'AI' Reportedly About to Become Bankrupt, Seeking Emergency Cash Infusion (Loans)
the money promised to Microsoft 'Open' 'AI' failed to arrive
Gemini Links 31/01/2026: Deep Ice and Slide Rules
Links for the day
Writing About Abuse
Never ever allow misogynists to get their way if you strive to live in a decent society
MIT DEDP MicroMasters online learner's blog post about cover-up linked to resignation of Swiss financial regulator
Reprinted with permission from Daniel Pocock
Salary Erosion Procedure (SAP) as the Primary Reason for EPO Strikes
They focus on financials, as the corruption aspects are un-sayable or unspeakable, except in private
IBM Bluewashing: Feels Like IBM is Scuttling Neudesic (and Some of Red Hat)
We recently saw some Red Hat staff joining a Microsoft proxy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 30, 2026
IRC logs for Friday, January 30, 2026
Microsoft Stock Collapsing Due to the Slop Bubble and Microsoft is Hiding Budget 'Black Holes'
Microsoft does not perform like it tells "the media" and "the market"