Bonum Certa Men Certa

Today's EPO Financially Rewards Abuses and Violations of the Law

"This just confirms that EPO employees have no rights, and management is not held accountable for its behaviour. And the Admin council, who could/should hold management accountable, is silent." --Anonymous

Theranos and EPO



Summary: Battistelli shredded the European Patent Convention (EPC) to pieces and he is being rewarded for it, perpetuating a pattern of abuses (and much worse) being rewarded by the European Patent Organisation

BACK in March we wrote about the President of the EPO receiving a massive bonus for destroying the institution, reducing it to intellectual rubble which repels talent and literally rewards frauds or charlatans.



Should it be surprising at all that Battistelli is being rewarded? Even amid scandals like shipping of EPO money to his other employer? Will he be held accountable belatedly like Nicolas Sarkozy? He's nearly 70 -- probably a lot older than any of the wines in his collection.

Considering the latest spin from Team UPC and the upcoming keynote speech at an IAM event, Battistelli does have its share of supporters; they're patent extremists and people whom he pays (from the EPO's budget). He is to them what Donald Trump is to many of his supporters; the lies and the abuses don't seem to matter to them as long as he serves some of their agenda, e.g. UPC and an abundance of low-quality patent grants. Notice how almost no law firm speaks out against him (except sometimes, albeit under conditions of anonymity). To give an example from yesterday, Shrey Pathak from Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is still perpetuating this trend of Finnegan puff pieces for EPO decisions/policies. Finnegan works together with IAM towards patent maximalism and yesterday it wrote:

Once a patent is granted by the European Patent Office (EPO), it becomes a bundle of national patents. As a result when looking to amend a European patent after grant, despite attempts to harmonise national patent laws and practice, different countries may have different requirements as well as fees for making changes to the patent in those states.

The revision of the European Patent Convention (EPC) in December 2007 introduced Article 105a EPC and a relatively quick, cost effective and straightforward centralised procedure at the EPO to amend a European patent in all validated states after grant. In this respect the patentee may limit the scope of their European patent at any given time after grant, except when the patent is being opposed or appealed at the EPO.


Well, the European Patent Convention (EPC) no longer applies at the EPO; we've covered more examples than we can remember wherein Battistelli violated the EPC without any consequences. Even the Administrative Council of the European Patent Organisation did not seem to mind. They're complicit.

Recently, staff representatives repeated their request for transparency, not demanding but politely asking to know why (and how much) Battistelli is being rewarded for his bad behaviour. Somebody sent the letter to us (it is an "Open Letter") and we're reproducing it below:

Date: 04.05.2018

OPEN LETTER



Governance and transparency

Dear Mr Battistelli,

The EPO is an international organisation at the heart of the patent system and (self-) financed by fees from applicants. With the introduction of the new career system the grades for EPO management were adjusted upwards for higher salaries and bonuses and functional allowances were introduced. Until last year functional allowances were not foreseen for managers and the award of individual bonuses for higher management was strongly denied. Not only has the possibility for functional allowances been opened for managers, the previous cap at the equivalent of two steps was considerably increased to two monthly salaries1. We have always argued against such additional rewards particularly for higher management who are already quite comfortably served with their high incomes. Requests for more transparency in the reward exercises of the past years have been ignored, such that the application of any rewards remains quite opaque to this day.

Different sources lead us to understand that in its March meeting the Administrative Council (AC) has approved an extraordinary bonus of some 600.000 Euro to be paid to you, Mr Battistelli. We are not aware of that bonus featuring on the agenda of the last AC meeting, nor are we aware of any consultation of the Budget and Finance Committee. It is unclear from which budget that bonus will be or has been paid and we would appreciate if reassurances would be given that it did not come out of the envelope earmarked for this year’s reward exercise, as it does not appear to have been exhausted yet with some 6,8m EUR not allocated2.

The Central Bureau of SUEPO has to date not received an answer to its request by letter (su14137cl) of 5 June 2014 for making your employment conditions public. For such additional benefit to simply and quietly materialise would appear not to be foreseen in the key elements of the EPO President's contract (CA/186/09), officially published “in the interests of good governance and transparency”, and “with narrow scope for negotiation”.

Bonuses are frowned upon in the civil service. Rumours of extraordinary or individual bonuses have been circulating for members of senior management for this and the past years. The award of such a very substantial additional benefit in your case will be seen as inappropriate for an international organisation like ours and feed the perception that a self-service mentality lives at the EPO. If that bonus should have been argued on the grounds of the Office’s exceptional performance, then surely staff have provided that basis. Many users of the patent system will question whether that bonus is justified when reviewing your actions during your presidency3.

We feel that it is long overdue for you to provide full clarity “in the interests of good governance and transparency”.

Yours sincerely, Joachim Michels Chairman of the Central Staff Committee

cc: Mr Christoph Ernst, Chairman of the AC ____ 1 manager rewards increases: as of 2015: new career: for managers about up to 20% higher salary in first step. End salary reachable in extreme cases about 6 times faster – enabling to reach it within 3 years

as of 2017: functional allowance: up to 16% of basic salary December 2017: injection into SSP, advantage of about 10x by management to staff in lower grades

spring 2018: individual / extraordinary bonus: €600k; equivalent to about 222% of yearly basic salary

2 May we suggest that the funds are turned into pensionable rewards for those who helped you look good – staff?

3 See for instance the poll by Juve: 87% criticise the low appreciation for staff; 71% the excessive emphasis on efficiency.


The letter referred to above is 4 years old and we're reproducing it below as well:

Munich 05.06.2014

Transparency on your earnings



Dear Mr Battistelli,

European citizens demand today the highest level of transparency and accountability not only from institutions and organisations operating in Europe, but also from the leaders who manage them.

You have served as the head of the European Patent Office for almost four years. We understand you actively seek an extension of your current mandate which ends in June 2015.

Since you have regularly claimed to be a strong supporter of openness and transparency, we are sure that you will not object to disclosing information which has so far been kept under wraps and respond to the list of questions provided in the Annex.

SUEPO kindly requests full and frank disclosure, with clear answers to all the questions by close of business on 17 June 2014.

If no satisfactory answers are received, SUEPO will have to take appropriate steps and inform the public accordingly.

We copy the delegations of the Administrative Council for information.

Yours sincerely,

On behalf of SUEPO Central: J. Michels Chair SUEPO Central

D. Dickinson Vice Chair SUEPO Central Chair SUEPO Vienna

W. Manntz Vice Chair SUEPO Central Chair SUEPO Berlin

E. Hardon Vice Chair SUEPO Central Chair SUEPO Munich

A. Rose Vice Chairman SUEPO Central Chair SUEPO The Hague

cc.: Representatives of Administrative Council delegations

ANNEX: LIST OF QUESTIONS TO Mr BATTISTELLI.

1. How much does your salary including allowances and other benefits amount to each month, both gross and net of tax?

2. Have you received any additional financial benefits, e.g. bonuses, entertainment allowance or use of services and facilities since you joined the Office. If so: are these benefits defined in your contract with the EPO; what are the amounts; and what are the performance conditions attached to their award?

3. Does your contract with the EPO foresee an end-of-contract bonus? If so: is it conditioned to any achieved goal or performance?

4. Does your contract with the EPO foresee a pension to be paid by the organisation? If so, what is the basis for the calculation and the amount (gross and net of tax)? Are there conditions attached to the payment?

5. Did you receive any income or expenses for your position as an associate mayor of St. Germain-en-Laye after taking up your mandate as President of the EPO (from July 2010)? Following recent municipal elections in March 2014, do you continue to receive any payment for your new position of “conseiller municipal”?

6. Do you receive a pension from the French State, as a former civil servant? If so, how much is it each month, again gross and net of tax?



We don't expect Battistelli to ever willingly disclose these figures/facts (it's like asking Trump for his tax returns), but we certainly hope that one day he will be held accountable for what he did at the EPO and his 'bulldog' from Croatia will be held accountable for what he did in the Croatian SIPO. No person in this world should be above the law. The EPO seems to have become a harbour for abusers in need of immunity; Battistelli took it a step further and made it somewhat of a mental asylum. ⬆

Recent Techrights' Posts

Massive Cuts Inside Microsoft (the Media Does Not Talk About That)
It is in many ways like IBM a decade ago
IRC's Growing Popularity in 2026
No company controls or profits from IRC, it is in the Commons
 
Gemini Links 01/11/2026: "Trick-or-Treating seems to be dead, at least in our neighborhood"; BaseFree Numerical System and Human Emacs
Links for the day
Links 01/11/2026: Digital Ninimalism and "Palantir Cofounder Announces Cruel Plan to Breed Thousands of Lab Monkeys for Medical Experiments"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 31, 2026
IRC logs for Saturday, October 31, 2026
Gemini Links 31/10/2026: MangoWM, Qutebrowser and Codeberg, Plugh
Links for the day
In US Government Sites, GNU/Linux Measured at New All-Time High of 7% (or About 10% Across Desktops/Laptops Alone)
There's no doubt GNU/Linux is growing
Intel Has Just Lost in One Single Day Over 150 Billion Dollars in 'Value' (Market Cap), Intel is Also Over 50 Billion Dollars in Debt
This really says a lot about Wall Street and the slop bubble, doesn't it?
They Hate Him Because He's Effective
Effective voices invite more aggressive censorship attempts
Audience Growing in Spite of the Deluge of Webslop
We probably benefit from the rejection of LLM slop
The Munich FUD Tactics (Microsoft Modus Operandi): Microsoft-Connected Sites Claim Denmark Failed With Free Software, But That's Not What Actually Happened
With Microsoft, it almost always boils down to politics
Links 31/10/2026: John Romero Comeback After Being Shafted by Microsoft, Google Faces Criminal Probe Over Deforestation in Finland
Links for the day
Gemini Links 31/10/2026: Rambling on Self-hosting and Ad Video Screens Don’t Make Money
Links for the day
Can't Trust Big Banks, Let's Try 'Bros' Instead?
But let's blame "North Korea"
"AI" as Surrogate for Debt and Distraction From Computing (Bots Described as "Agents" and/or Any Form of "Intelligence" is More Like a Religion)
We're letting people without even college degrees game the "market" (Wall Street) by lying to it
Intercontinental Brigading - Part XXV - Election Integrity at a Time of Back Doors and Very Severe Bugs in UEFI
How dare British media comment on insurrection following a US election?
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Gemini Links 31/10/2026: Hallowe'en and "Thinking About People"
Links for the day
Links 31/10/2026: The Hinge on Apple's Constantly Breaking New Foldable iPhone Was "Built With Slop", Slop Causes Cash Squeeze GAFAM
Links for the day
Amazon's Debt Skyrockets by Almost 100 Billion Dollars in 9 Months
On top of that there is additional (secret, kept stealth by accounting tricks) debt
Google Illegally Destroyed a Quarter Million Trees Without a Permit for a Hypothetical Project That Might be Cancelled, Debt Has Soared by 30 Billion Dollars in 3 Months ($10 Billions Borrowed Per Month)
Google is bleeding from slop
Slavery at Microsoft
illegal if true
Many People "Left" Red Hat This Month, Including Yesterday
We already saw this with SUSE
Gemini Links 31/10/2026: "Where I Draw the Line With" Slop Plagiarism and "Nobody Cares That You're Leaving Proton" (Over Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 30, 2026
IRC logs for Friday, October 30, 2026
Links 30/10/2026: "Over 41,000 DHS Employee Records Leaked Online" and Concerns Over Radicalism in France
Links for the day
Intercontinental Brigading - Part XXIV - It's an Inherently American Issue and American Elections Are at Risk From Restricted ('Secure') Boot and LLM Chatbots (Disinformation at Scale)
We'll focus a lot on US elections in the coming days
Birss Replaces Vos in UK's High Court, LLM Slop Plagiarism a Contentious Issue
Only days ago we mentioned Sir Geoffrey Vos in relation to lobbying for LLM slop
"Early Retirement" (Silent Layoffs) for Everybody Except the Executives
Some will stick around even past 70
Despite the Mass Layoffs Microsoft's Debt Soared by 5.1 Billion Dollars in Just 3 Months
This is why Microsoft asks 60,000 workers to leave
Gemini Links 30/10/2026: Solar MiniBBS, Kubernetes With FreeBSD, "Sysadmin Day"
Links for the day
Microsoft Layoffs Far Worse Than the Media Tells (Microsoft Spin Laundered as "Reporting")
Some people are made to "retire" and sign an NDA to make it seem like a happy ending and mostly consensual retreat
Links 30/10/2026: Google Crashes on Slop Disappointment and GAFAM's "Data Center Blitz Is Burning Through Cash and Scaring Wall St."
Links for the day
Fake 'Articles' in The Register MS Concerning "AI"
We don't suppose The Register MS will be around for much longer after this bubble pops
What Linus Torvalds Told Me Two Decades Ago
It seems like he was eager to distinguish himself from the "elders" of FSF [...] For anything "revolutionary" to happen in the sciences one must accept the risk of living in poverty like Tesla (the person, not the right-wing fanatics) and Torvalds isn't too old to "cause a stir"
GNU/Linux as a Free Software Platform is More GNU (and GPL) Than Linux
GNU predates Linux by nearly a decades and it was born to tackle injustices
Who Or What Are Security Professionals/Experts?
Companies like GAFAM are willing to tolerate cheaters because those companies themselves are cheats
Intercontinental Brigading - Part XXIII - What Garrett Did Puts Elections at Risk (Also in His Own Country, Where a Dictator Trusts Only Machines That 'Support' Him)
UEFI 'security' is only as trustworthy as its ferocious boosters
Gemini Links 30/10/2026: RIP Patrick Stewart and Amp Integration
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 29, 2026
IRC logs for Thursday, October 29, 2026