Bonum Certa Men Certa

The Screws Tighten on Benoît Battistelli as His Departure is Just Two Seasons Away, Media Still Largely Complicit

Heise EPO sign
Photo credit/source: Heise



Summary: A roundup of recent developments and scarce media coverage regarding the EPO, where several national holidays are being 'stolen' from staff and nobody outside the EPO seems to care

SEVERAL people told us about yesterday's article from Stefan Krempl, who is familiar with EPO matters. He wrote about these for years. It's a very interesting article from Heise and many thanks to Stefan Krempl, an excellent journalist who does cover real EPO issues (not many in the German media are doing this).



"...many thanks to Stefan Krempl, an excellent journalist who does cover real EPO issues..."SUEPO has not mentioned (or noticed) it yet, but SUEPO is likely to translate such a report, which also contains many links within it. Here is a purely automated translation. They don't mince words:

European Patent Office: union calculates in 95 theses with the top authorities



The employee representation SUEPO has freely distributed a manifesto on social strife at the European Patent Office after Luther. The allegations against management range from deafness to the workforce to nepotism.

In keeping with the day of the Reformation, the International Trade Union in the European Patent Office SUEPO on Tuesday after Martin Luther " struck" 95 theses at the headquarters of the authority in Munich. In the six-page paper, which is available online, the employee representation raises serious allegations against the management and especially against the incumbent boss Benoît Battistelli . This made the organization "deaf and blind to the worries" of the workforce and pursued their representatives disciplinary . Such a confrontation course is "doomed to fail".

At the heart of the criticism is headed by Battistelli with an established appraisal system that focuses on productivity and "demands higher numbers every year" . Such an approach creates false incentives and "leads to excessive work pressure," which in turn also causes superficiality and errors, thus hindering higher efficiency . Erroneously granted patents, in turn , unlawfully hindered competition and were a favorite food for trolls . Among them suffer the European economy as a whole and especially the middle class.

From servant to principal director

The core task of the European Patent Office ( EPO ) is, in accordance with the European Patent Convention ( EPC ), the "substantive and formal review" of applications, the union stresses. This should not be neglected to increase the productivity and income of the EPO and its contracting states. Aggravating added was nepotism: The closest confidants of the President have risen in a short time from ordinary administrative staff to chief directors. They would have approved themselves by changing the career system "significant salary increases" and professional freedoms. His own salary and the surcharges and reimbursements paid to him kept Battistelli secret.

Half of the directors "in the substantive examination" as well as "all managers in the patent administration" have been relieved of their function, it goes on. The president even curtailed the holidays by removing the freedom of work on Reformation Day 2017, as well as on All Saints' Day and Corpus Christi of 2018. The fact that Battistelli praises a "package for the disparagement of its officials" under the slogan "Social Democracy" show indifference and a lack of respect for the employees.

SUEPO for fast deposition Battistelli

The EPO is not concerned with national or European labor law or data protection directives, nor with international conventions such as the human rights conventions, complain the authors. It believes the leadership enjoys almost total immunity from jurisdiction and law enforcement by national authorities. SUEPO therefore advocates dropping off Battistelli before the official end of his term in office next June and introducing comprehensive reforms. The Frenchman himself has long been misunderstood by a "mafia-like" trade union campaign and regularly rejects complaints. ( Stefan Krempl ) / ( axk )


What we are hoping to see, some time in the future, is an EPO that actually cares about patent quality. As it stands at the moment, it's just a production line of bad patents. Examiners who don't embrace this spiel will be fired, so they're left with the option of doing shoddy work or becoming unemployed ('stranded' with their family in Munich). No wonder they're so stressed. They lose either way.

"Examiners who don't embrace this spiel will be fired, so they're left with the option of doing shoddy work or becoming unemployed ('stranded' with their family in Munich)."As longtime readers may know, our only (and original) issue with the EPO was software patents. Árpád Petho, József K. Tálas and Eszter Szakács of Sár and Partners Attorneys at Law have just said that "[i]n Hungary, software may not be patented" (as is the case in every other European country). The EPO is trying to change that, especially by introducing the UPC. Here is the full analysis or the part about business methods and software (which mentions the EPO):



To what extent can inventions covering software be patented?

In Hungary, software may not be patented as such (Articles 1(2)(c) and (d) of the Patent Act). However, software may be protected by other types of intellectual property (eg, copyrights, know-how and business secrets), and may be brought to the Hungarian Intellectual Property Office as proof of ownership.

The Hungarian Intellectual Property Office and the European Patent Office (EPO) typically reject software due to a lack of technical character. The prevailing approach is to deny the possible technical character of any solution achieved by software; however, the EPO is slowly moving away from this rigid standpoint (as are IP offices in other EU member states, albeit at a slower pace).

Some applications based on software (ie, so-called ‘computer-implemented inventions’) may be patentable provided that they do not cover only an organisational issue or abstract question. In other words, if the claims are formulated in a way that demonstrates that the software is used to solve a technical issue (eg, comparing the strength of two electric signals and storing the result in the memory), the invention will be considered a technical solution and may be patentable. However, patent attorneys must be skilled and able to formulate the claims in a way that benefits from the evolving practice of the Hungarian Intellectual Property Office.

To what extent can inventions covering business methods be patented?

In accordance with Article 1(2)(c) of the Patent Act, business schemes, rules and methods may not be patentable as such. Nevertheless, they may be protected by know-how or brought before the Hungarian Intellectual Property Office, provided that the method is in writing.

However, when rules or methods are part of a system that consists of technical elements, the patentability of the entire system may be considered. In a similar way to software, patentability largely depends on the system or solution to be protected and the way in which the claims are formulated.


Readers are reminded that even in the United States, 'home' of these kinds of patents, such patents are no longer valid (can barely be enforced in court). So the EPO now goes further than the USPTO, enforcing or at least granting patents which the USPTO itself (or corresponding Supreme Court) decided were a bad idea.

"As longtime readers may know, our only (and original) issue with the EPO was software patents."Speaking of the US, Watchtroll is now publishing press releases for the EPO. This happened 3 days ago. How much does it get paid for this? And who is paying, the EPO? Does it pay to disseminate this nonsense in the US too?

Watchtroll is a US proponent of patent trolls, software patents etc. so it obviously promotes the UPC too.

"Watchtroll is a US proponent of patent trolls, software patents etc. so it obviously promotes the UPC too."A similar puff piece was posted yesterday by a site close to IAM. "The current executive director of the EU Intellectual Property Office (EUIPO), António Campinos, has been selected as the next president of the European Patent Office (EPO). He will serve a five-year term from July 1 2018, succeeding Benoît Battistelli," it said (the rest behind a paywall).

This same site previously speculated that the Belgian former EPO worker might take over EU-IPO, spurring speculation about back room deals with Belgium. Now we know more about it and it does, in fact, seem like such an agreement existed. It's despicable. It should be a massive scandal (if the media actually bothered covering EPO scandals). Why aren't stakeholders complaining?

"It is hardly surprising the EPI is not making any protest," one reader told us. To quote his/her explanation:

To understand the situation here it is worth having a look at Article 143a EPC: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar134a.html

According to Article 143a(1)(a) the Administrative Council "shall be competent to adopt and amend provisions governing the Institute of Professional Representatives before the European Patent Office...".

The Administrative Council is also responsible for adopting and amending the provisions governing "the disciplinary power exercised by the Institute or the European Patent Office in respect of professional representatives" (Article 143a(1)(c).

It seems that the EPI enjoys very little real independence and is basically under the thumb of the EPO's the Administrative Council. Patent attorneys who dare to voice criticism of the goings-on at the EPO risk disciplinary action in front of a Disciplinary Board which is very much if not completely under the influence of the EPO.


The media, with few exceptions like Heise every now and then, is complicit in silence about it. On EPO silence/media blackout, a comment said yesterday, "of late, IPKat has been guilty of dereliction of duty in this regard."

Here is the full explanation (IP Kat only approved this comment days late for some reason):

It's not about what interests the contributors but their (professional) judgement on what should and should not be posted.

It cannot be the case that there are no individual amongst the IPKat contributors that are not "interested" in momentous developments at the EPO. It therefore becomes a matter of judgement of the contributors regarding which developments they comment upon, and how they comment upon them.

I therefore think that it is perfectly legitimate to call into question whether, collectively, the judgement of the contributors is wise or not. Unless there is some very significant non-public information to which the contributors are party, then my conclusion would be "not". This is because I do not see why a blog dedicated to all matters (European) IP should avoid discussing a topic merely because it is controversial (or "political").

Bad things can happen in the shadows, and so an extremely important duty of the "media" is to illuminate a situation. I cannot help but feel that, of late, IPKat has been guilty of dereliction of duty in this regard.


It's pretty telling that EPO scandals don't exist to IP Kat anymore. There's nothing at all about in the summaries, not even in yesterday's "Wednesday Whimsies" (that's a roundup). Their recent roundups even ignore their own articles regarding the EPO.

"We remind readers that today's IP Kat is not what it used to be."Who are these bloggers kidding? They actually silence and actively suppress discussion about EPO scandals. They have become part of the problem.

As annoying it may be that everyone turns a blind eye to EPO abuses, in a sense it helps us because it means less "competition". But at the same time, it would be nice if the issue received widespread coverage like FIFA scandals or Dieselgate.

We remind readers that today's IP Kat is not what it used to be. We loved the old IP Kat, but now it's more like a gatekeeper, shutting out debates about what happens at the EPO, instead focusing on purely technical matters like the doctrine of equivalents and BoA decisions. There's a long discussion there (many comments), also covering the EPO. One person has asked: "Where would we end with the certainty presently found in the case law of the Boards being put aside?"

"Battistelli violated the EPC many times, essentially disrespecting the very document that gives the EPO authority to operate."Well, the Boards are being kicked out (they're already kicked out of Munich) -- a fact that IP Kat incredibly enough failed to cover.

Another comment said: "The Protocol on interpretation applies to Article 69 only, not Article 54 EPC."

Not that the EPC matters anymore. Battistelli violated the EPC many times, essentially disrespecting the very document that gives the EPO authority to operate.

Recent Techrights' Posts

Microsoft-Controlled Media With Embargo and Press Operatives
This won't be the last example of media manipulation for narrative control or face-saving "damage control"
EPO "Cocaine Communication Manager" - Part III - It's in His Eyes
Workers are free to draw their own conclusions
Former Debian Project Leader Branden Robinson Cautions Against Cover-up and Censorship in Debian
Debian drama. Again.
It's Friday Again and Many People Leave IBM for Good (IBM Should be Reported for Illegal NDAs That Hide Layoffs)
we very seldom see anyone deviating a lot from the "template-like" narrative, let alone mentioning "layoffs" or "RA" or some other term that implies non-consensual departure
 
Debian's Master is Deleting Criticism of SystemD and Other Things (On-Topic and Published by Debian Developers), Resorts to the Excuse Messages Are "Too Long"
Censorship serves nobody except the masters that control this censorship
Digg's Latest Incarnation Already Failed, It's Infested With LLM Slop
Many submissions go to slopfarms and some get summarised by slop
Gemini Links 21/02/2026: Veganism and DeskPi RackMate T0
Links for the day
On The Web, XBox Already a Dying Breed
Down to about 0.05% on large machines, based on statCounter [...] Microsoft will never publicly admit or say how many billions it lost on the XBox
2026 a Year of 'Top-Down' Microsoft Layoffs (Management First)
Stay tuned for what comes next
Your "Likes" Aren't Yours and They're Mostly "Worthless Clicks"
Social hermits are not popular, irrespective of how many "Facebook friends" or "likes" they get
Waggener Edstrom/Frank Shaw Lied, There Are Definitely Microsoft Layoffs
Microsoft never issued a formal statement, it made allusions by proxy
Slop Hype Makes Our Core Technology Less Reliable and Far Less Resilient (We Pay for the Catastrophe That Follows)
Only slop-free projects can be trusted
Going for 1,000 (Days of Uptime)
universal records are vastly better
Firefox is No-Go in China, Not Even 1% "Market Share" Anymore
Given Mozilla's utterly rubbish marketing these days (politics over technical aspects), set aside the cheerleading for slop, there's hardly a chance of Mozilla Firefox reaching or exceeding 10% again
Links 21/02/2026: Tensions Over Iran and Illegal Cheeto Tariffs, Presidential Approval Sags
Links for the day
Links 21/02/2026: "Moving Away From Cloudflare", Many Layoffs or Shutdowns in Games (Including XBox/Microsoft)
Links for the day
GNU Linux-libre is a Grown-Up Today
"before that, every distro that wanted to respect its users' freedom had to remove itself all of the binary blobs that were distributed as part of the kernel Linux's so-called sources"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 20, 2026
IRC logs for Friday, February 20, 2026
Gemini Links 21/02/2026: "The Evil of Action" and Slop Bots Causing Great Harm Online (Not Just the Web)
Links for the day
Like a Shell
Overreactions can backfire
Not Only Leaders of XBox Got Sacked (Layoffs)
Phil Spencer and Sarah Bond got laid off
9PM on a Friday Night: Microsoft Says the Layoffs Are Not Layoffs
We've said for a long time that XBox is doomed this year
Gemini Links 20/02/2026: Misfin Server and Magic in Programming
Links for the day
analytics.usa.gov Reckons Windows "Market Share" Fell to Just 38%, Vista 11 Not Even a Third of Windows Users
This coming summer Vista 11 turns 5
The New Digg.com is Slop
Slop "summaries" and Serial Sloppers are drowning out the site with fake 'articles' (plagiarism)
Linus Torvalds: Bill Epsteingate Good Enough for Me to Wine and Dine With
Torvalds is more connected to Jeffrey Epstein than Richard Stallman ever was
Our Uptimes Are Always Better Than Any Site That Uses Clownflare
Clownflare as a company operates like a cult
GNU/Linux Apparently Rose to 6% in Uzbekistan
If accurate, this represents a new problem for Microsoft and a big win for Software Freedom
Sponsored Videos and 'Articles' in The Register MS, Stenography as a Service/Product
They should more accurately label these actors
The Little Clique of Sloppers/Spammers About "Linux" Got Even Smaller
Thankfully there are still genuine and legit GNU/Linux sites out there
Links 20/02/2026: Microsoft Intentionally Kills Older Hardware, "The Story of XBox" Shows How Defective Microsoft Hardware Really Was
Links for the day
Turkmenistan One of Many Countries Where Microsoft Fell to Distant Third in Search
We expect many layoffs in Bing some time soon
Don't Wait for "Red Hat Layoffs" Because After Bluewashing They're IBM RAs and Don't Wait for "IBM Layoffs" Because They're Perpetual
IBM layoffs are silent and "forever" (small trickle that never ends and is widespread - after all IBM is a very global and ubiquitous firm)
Links 20/02/2026: Standards, Science, and Politics
Links for the day
What Do People Ever Buy From Microsoft Anyway (Not PCs)?
Microsoft sells two things these days: 1) vapourware/promises. 2) its stock.
Gemini Links 20/02/2026: "Mainstream Unix, Underground Unix", Slop Staging DDoS Attacks Against Small Sites
Links for the day
IBM Inclusivity: Red Hat Summit is for Rich Sponsors Like Microsoft and Rich Guests Who Pay $500 a Day
Nothing signals societal tolerance more than paying a large military contractor
GNU/Linux Adoption is Higher in Richer Countries
Is it because freedom is actually expensive - something that only privileged people can pursue?
Links 20/02/2026: Windows TCO Versus Deutsche Bahn, Europe Seeks More Independent Digital Future
Links for the day
IBM, Red Hat and Fedora: Don't Say "Master", It Offends People. Also IBM, Red Hat and Fedora: "Master Podman".
The hypocrisy at Red Hat and Fedora shows no boundaries
IBM Layoffs Aren't Just in IBM 'Proper'
Who is still using Lotus after the HCL move?
The Register MS Gets Paid by Gartner to Promote a Ponzi Scheme for Gartner, Microsoft, and Others
The credibility of that site will suffer because it tries to sell a major scam to its audience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 19, 2026
IRC logs for Thursday, February 19, 2026
Gemini Links 19/02/2026: "Towards a Gemini Famicom Resource" and Dumping Microsoft
Links for the day
IBM Behaves Like a Company Looking for Loose Change Between Sofa Cushions
Chasing laid-off workers for dollars and even pennies, making excuses and devising loopholes (such as PIPs) to flout severance obligations
Microsoft Found Another Bailout Opportunity: Killing People
Good thing that Nadella is not racist!
No "Smart Mobs" (Social Control Media) in BRIC?
It looks like the "Social" "Media" sites tracked by statCounter see little from (or of) BRIC, and moreover it is declining fast
The Few Slopfarms We Saw Today
The sentiment has changed a lot
Links 19/02/2026: Protecting Framework Laptop 13, Hardware Drive Shortages
Links for the day
In Africa's Second-Largest Nation, Democratic Republic of the Congo (DRC), Opera 10 Times Bigger Than Firefox (and GNU/Linux Now at 5%)
This will become an accessibility problem
Links 19/02/2026: "A.I.pocalypse" Inevitable and "Butlers to LLMs"
Links for the day
An Inherently Royal (Monarchs') Legal System Where Size Matters (Big Capital Eats the Small)
This reinforces the notion that justice is only for those who can afford it
These Statistics Should Keep Microsoft Shareholders Awake at Night
Windows is, in general (all versions collectively), declining over time
Economic Failure and Other Harsh Realities Have Nothing to Do With Slop 'Innovation'
Advanced propaganda, not advanced 'AI' [...] They attack workers while insulting their intelligence
Spaniards Shutting Down MElon's Digital Weapon of "Smart Mobs"
Are the Spanish people already acting based on gut feeling and shunning/shutting out the provocation vector?
Bitcoin: government engagement contradictions
Reprinted with permission from Daniel Pocock
Richard Stallman in the United States - Part II - "Haters Gonna Hate"
we shall carry on with this series at the right pace
Typical! Solicitors Regulation Authority (SRA) Tells Victims of Fraud to Wait 10 Weeks
justice delayed is justice denied
EPO Union Leaders in Rijswijk Explain Where EPO Strikes Stand and How to Prepare for Next Week's
We have some revelations to share in a few days
statCounter: Only One in 350 Iranians Would Use Microsoft for Web Search
Microsoft is trying to fake "demand"
Slides Shown a Week Ago by the EPO's Staff Committee Ahead of the Second Very Large Strike
This coming weekend we'll drop a 'bombshell' of sorts
EPO "Cocaine Communication Manager" - Part II - Illegal Drug Addicts Mobbing the Wrong People, This Will Definitely Backfire
This year may well be the last year of Team Campinos. Nobody will hire them after that.
Mass Layoffs (But Silent Layoffs) Still Happening in IBM, You Need Only Look Closely (There Are NDAs, PIPs, 'Early Retirement' Sweeteners and IBM - Like Microsoft - Skirts the WARN Act)
the layoffs are definitely happening
Microsoft's "AI CEO" (Slop Propagandist) is Projecting, Many Microsoft "Jobs to be Replaced With All-Indian Low-Paid Staff in 12 Months"
Windows is perishing
Very Little Slop
We are not finding much slop anymore
Links 19/02/2026: Illegal Kangaroo Court for Patents Attracts Aggressive Firms, Public Domain Review Grows
Links for the day
Gemini Links 19/02/2026: Taxing the Rich, Raspberry Pi 4 Tinkering
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 18, 2026
IRC logs for Wednesday, February 18, 2026