Bonum Certa Men Certa

Team Battistelli's Attacks on the EPO Boards of Appeal Predate the Illegal Sanctions Against a Judge

A shocked Battistelli



Summary: A walk back along memory lane reveals that Battistelli has, all along, suppressed and marginalised DG3 members, in order to cement total control over the entire Organisation, not just the Office

LAST night we wrote about the EPO's latest attack on the boards, which have already been relegated to the 'suburbs' of Munich (Haar). It's like Battistelli does not want these boards to exist, or wishes to overburden them to the point where they become useless for assurance of patent quality (prior art search and the like). He cannot legally knock them out of existence because of the EPC, but the EPC does not say anything about punishing them relentlessly, so Battistelli will probably get away with it. Now that his departure is almost imminent it's ever more unlikely that he'll lose his immunity and himself be subjected to disciplinary actions. 6 weeks from now he and Bergot will officially put the axe to long-term contracts. In other words, 6 months before he's gone he's totally destroying any prospects of the EPO ever recovering or salvaging the talent it once had.



Disturbing. To say the least.

We very much doubt the press will cover our findings regarding the Haar 'party', which is a sad display of irony if not black comedy. The press repeatedly ignores important stories and developments, as recently as weeks ago. Even comments on the matter might not get through. Here's yesterday's report of censorship in IP Kat (or maybe slow moderation by Bristows, or perhaps approval only after a complaint about it). "Censorship is never good," the comment said. And yes, it's about the boards. It often seems as though these matters cannot be brought up at IP Kat anymore, as people's names cannot safely be mentioned (this limits useful debate). Truths are now "personal attacks". To quote the comment at hand:

Why has my comment relating to recent case re entitlement of priority at the EPO not been accepted?

Is it because I mentioned the plea of a well known specialist about the fact that the EPO should only looking whether there is identity of invention?

I considered my comment as showing that the problem is not a specific one of British courts. No more, no less.

Censorship is never good.


We have meanwhile dug some archives and found the following letter from 3 years ago. We believe it demonstrates how, even before the 'house ban' of a judge (Battistelli broke the rules), the boards had come under attacks from Battistelli. This is for readers to judge:

DG3 nominees

Dear Mr Battistelli,

On 12.08.2014 you informed staff of your decision to reduce the “administrative tasks“ performed by the members of the Boards of Appeal and of the Enlarged Board of Appeal. The administrative tasks concerned are the participation in selection boards for procedures external to DG3 and in the work of other bodies under the Service Regulations. In practice, this decision heavily affects nominations in selection boards and in the Disciplinary Committee, where the staff representation used to rely on colleagues from DG3 to provide some independence in those procedures in the past.

As to the reasons, you referred to “possible consequences resulting from the discussion” on the interlocutory decision R 19/12 by the Enlarged Board of Appeal.

As we understand it, the Enlarged Board decided in decision R 19/12 that the obligation imposed on the Vice-President DG3 (VP3), when acting as a high-ranking officer directly under the President, to consider and support efficiency and productivity goals to be reached by the Office may conflict with his duty, when acting as a member of the Enlarged Board of Appeal, to review decisions of the Boards of Appeal as an independent judge and, in so-doing, to contribute to the development of the case law as regards the protection of the procedural rights of the parties. In other words, the Enlarged Board saw in decision R 19/12 a potential conflict of interest between VP3's managerial and judicial responsibilities.

We do not see such a general potential conflict in the involvement of DG3 members in selection boards, in the Disciplinary Committee or in other bodies under the Service Regulations, essentially because DG3 members have no managerial responsibilities in other DGs.

We therefore respectfully ask to be informed why you consider decision R 19/12 to be relevant to their involvement in those tasks.

We further respectfully ask to be informed why you considered that the obligation to consult the General Consultative Committee in accordance with Article 38 ServRegs did not apply to your decision.


As we now know, this Disciplinary Committee became a farce around that time. Grant Philpott, a thin-skinned advocate of software patents with background in the British Army, was Chairman of the notorious Disciplinary Committee (which ILO deemed to be unsuitably composed months after its union-busting activities had 'decapitated' SUEPO).

Those who pretend that the boards were "asking for it" or deserved punishment engage in artistic revisionism of history. Battistelli never wanted them. He wanted to destroy them, having already destroyed several other auditory jobs.

Recent Techrights' Posts

European Patent Office (EPO) Series: Czech Mate: EPO Kingmaker or Merely a Pawn in the Game?
recent "missions" of the EPO President
SLAPP Censorship - Part 131 Out of 200: A Big Win for the Media in the United Kingdom (UK) Today
In a democratic society the Right to Know, which is closely connected to freedom of the press (or what one might label "blogging" or "blag"), comes above all else, except where there are lives being put at risk
IBM's Fedora Plans to Integrate Slop Into "Fedora Workstation as a Default Feature."
IBM does not care whether the community wants this or not
The Media Talks a Lot About XBox Layoffs, a Closer Look at the Data Shows Microsoft 'Bloodbath'
'Bloodbath' is the term insiders use
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 07, 2026
IRC logs for Tuesday, July 07, 2026
Links 07/07/2026: Microsoft Cuts Doom "id Software" and Turkey Detains Journalists
Links for the day
Gemini Links 07/07/2026: Old Computer Challenge (OCC) and Hardware Tests
Links for the day
A Break From the Routine
What matters is what whistleblowers keep feeding information to us
SLAPP Censorship - Part 132 Out of 200: When You Cannot Pay a Million Pounds (1,335,520.00 United States Dollar) to Lawyers But Have a Strong Community
Techrights compensates for its fiscal poverty with a wealth of community spirit
Fame is Not the Goal
"Fame" kills
Mental Health in Free Software Communities
clearly there is a subject that merits debate and it ought not be a taboo anymore
The Era of Sponsored Spam
There is no "era of AI", there is era of BRIBES to PRETEND there is an "era of AI"
Gemini Links 07/07/2026: Cleaning, Old Computer, and More
Links for the day
Links 07/07/2026: Le Monde Combats LLM Slop Plagiarism, "ACLU Launches Largest Ever Midterm Electoral Program"
Links for the day
Extremism in the Free Software World is Mostly a Myth
Only the firm belief that justice applies to all will produce a just society
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 06, 2026
IRC logs for Monday, July 06, 2026
Links 07/07/2026: Kernelized Secure Operating System (KSOS) and "Exploiting Thoughtcrime in LLMs"
Links for the day
SLAPP Censorship - Part 130 Out of 200: Jealousy, Envy, Hubris
This site is primarily about Free software
Gemini Links 06/07/2026: Still Mostly Dry, GoToSocial, and More
Links for the day
European Patent Office (EPO) Series: Effective Dispute Resolution… But Not For EPO Staff
Slovenia fielded one of the few Administrative Council delegations which managed to maintain its own independent line against the tyrannical EPOnian "Sun King"
Community Sites Need Genuine Collaboration and True Autonomy
People who want to communicate, federate and organise for effective change need to evolve
Free Software Foundation (FSF) Covers Quibble, Free Software for Secure Communications, in the FSF Summer Bulletin
The Georgia Tech folks are bringing Free software education and contributions to one of the better known Computer Science hubs in the US
Microsoft Layoffs Include Windows, Bing, Slop (CoPilot etc.) and There Will More More Rounds (or Waves) to Come
"43% of Xbox laid off"
Obscene Contradiction in Microsoft's Layoffs Tally ("Official" Numbers Do Not Add Up)
Notice how they treat "LinkedIn" as separate
Preserving Comments About the Real IBM Before They Get Deleted
IBM in the 1980s is not what it is right now
Cybershow on "Escaping Prisons For Your Mind"
"THE CYBER SHOW: Stealing technofascism's boots, and stomping on its own face with them."
Links 06/07/2026: At Least 20% Staff Reduction in XBox (Microsoft), Taiwan Sees Uptick in Chinese Aggression/Provocation, Senator Rodante Marcoleta Arrested
Links for the day
Confirmed: Microsoft Layoffs Come in Two Waves, Just Like Last Summer
To us, what stands out is the admission from Microsoft that there are two (or more) waves
In Praise of the UK's Stance on Free Speech (but Some Reservations)
At the moment there is a healthy discussion going on with the objective of disrupting attacks on British press
Exposing Corruption at the European Patent Office (EPO), a Call for More Whistleblowers
We predict that, provided enough whistleblowers speak out, António "the unready" won't even finish his current term
Leaving Our Pets for Several Days
This week our pets will be worried that "mommy and daddy" are away
Dating Trees and Dating 'Apps'
several high-profile stories in the news about scandals in "dating apps"
DW Documentary About Julian Assange Turns 2
It was released just days after Assange had turned 53 and about two weeks after he had left the UK
Independent Media is the Only Form of Legitimate Media
Independent media is, indeed, what we need to demand more of
The Story of the European Patent Office (EPO) Wagging the Dog (EU)
The aim of the series is to properly inform the world - not just Europeans - how Europe's second-largest institution is run [...] How did a corporate hub of monopolies become so detached from the Rule of Law?
GNU/Linux Up to New High in Libya, Windows Down to All-Time Low
GNU/Linux touches 5% there, based on statCounter
Links 06/07/2026: Artists Reject Slop (or Even de Facto Bribes to Market/Endorse Slop)
Links for the day
SLAPP Censorship - Part 129 Out of 200: Iranian Tactics
Hunger for revenge compels people to do overzealous, irrational things
Quiet Week
Many in the US are still enjoying an extended weekend
The Media Needs to Speak of Slop as a Climate Issue Like It Did With Bitcoin
But the slop industry keeps paying the media to play along with the hype
IBM's Fall
IBM's fate is closely connected to that of the Free software movement because of the salaries
Social Dialogue at the European Patent Office (EPO) is Dead, the Strikes and Work Stoppage-Like Actions Carry on
What next for the EPO?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 05, 2026
IRC logs for Sunday, July 05, 2026
Links 05/07/2026: Shadows of the Upper Peninsula and 2026 Old Computer Challenge
Links for the day