Bonum Certa Men Certa

Battistelli is 'Pulling a Lamy' With a Lot More Money at Stake (and Examiners' Future)

Quietly during the last Christmas holiday when nobody paid any attention: EPO Has Become an 'Investment Bank'

SIPO Lamy and Battistelli
Saint-Germain-en-Laye as the EPO's clandestine 'branch'? Battistelli and Lamy with Commissioner Shen of the Chinese State Intellectual Property Office and Raimund Lutz lurking in the background.



Summary: Benoît Battistelli is gambling with the future of EPO examiners and the EPO at large (applicants and EP holders rely on the EPO's stability), as even SUEPO belatedly notes in a letter one anonymous source has passed to us

It was exactly one month ago (May 26th) that we concluded our toxic loan series and its relevance to the EPO. Here are all the relevant posts:



Readers may also want to read parts 1, 2 and 3 of St. Germain’s “Système Lamy” and Its EPO Clone.

As we noted a few days ago, Wirtschaftswoche WIWO now covers these issues. Better late than never, right? German media belatedly covers EPO scandals (while Battistelli has 5 days of diplomatic immunity left). SUEPO took note of it (two pages/articles) and we expect translations to show up soon. Petra Sorge authored it and Thorsten Bausch is mentioned in it. We presume they also used our information (as above) in their research; Bausch had certainly read that with interest.

"What would that make stakeholders think (if they all knew about it)?"What will António Campinos, a former banker (at a notorious Portuguese bank), do about all this? He can't quite defy Battistelli's will, can he? He knows where his job came from and they've long been close. Will he carry on gambling with stakeholders' money? What would that make stakeholders think (if they all knew about it)?

Well, the main stakeholder in all this is EPO staff, e.g. their pensions. And SUEPO has just written about this as follows:

22 June 2018

The new EPO Treasury Investment Fund – institutionalized gambling with someone else’s1 money?



Dear colleagues,

Through a combination of reduced career progression and extraordinary productivity gains, the Office has made an operating surplus of the order of several hundred million Euros each year as well as paid for in full for its new building in The Hague. Yet the Office’s cash reserve today still amounts to around €2.4 billion.

It was foreseen by a decision2 of the Administrative Council (AC) that any such surplus generated by staff’s work was to be transferred into the Reserve Fund for Pensions and Social Security (RFPSS) to cover future obligations. The RFPSS was set up and financed by staff (1/3rd) and the Office (2/3rd) and has performed very well since its inception: it now has a value of over €8 billion.

However, in more recent years the Office has departed from this decision and instead injected only a fraction of the operating surplus into the RFPSS while retaining large parts of the money within the EPO treasury.

According to the IFRS2 accounting method, the EPO accounts show a negative equity of about €12 billion, mainly due to long term obligations such as pension obligations4. As should be apparent from the example in the footnote below, this negative equity is very sensitive to the discount rate applied to these obligations. The discount rate applied according to the

IFRS depends on the bond markets and is thus inherently volatile from one year to the next. For example, in 2011, this negative equity was €1.9 billion (applying a discount rate of 5.38%), which is less than the start-up capital for the EPOTIF. In 2014, it was calculated at some €12 billion (applying a discount rate of 1,61%),very similar to today’s figure. However, in 2015 some €4,5 billion of the negative equity “disappeared” without any substantive change in the operational income, simply due to applying the higher discount rate of 2,6%. Therefore, there would appear is no reason to now panic and take hasty or rushed decisions.

The President has followed a proposal in the second financial study to invest the present and future office treasury money to cover for these huge, fictive obligations in a new fund under new management. The more straight forward approach would have been to simply invest the money in the existing RFPSS.

However, on the proposal of the President, the Budget and Finance Committee (BFC) approved the setting-up of a new external EPO Treasury Investment Fund (EPOTIF)5.

The staff representation is strongly opposed to the creation of another fund, in particular one that is managed externally and whose investment strategy will lack the necessary internal checks & balances to avoid high risk investments, see sc17207cl, su18038cl and su18039cl (letters sent to AC and Auditors). At the last BFC meeting, the delegations also asked for more information: the German Delegation requested to review any contracts ahead of any decision on fund management. In 2017, the German Bundesrechnungshof gave a negative opinion on setting up such risky funds in 2017. Perhaps unsurprisingly, the President declined all requests to provide any detailed contract data to the BFC, the very body who are supposed to make informed decisions based on the financial situation of the EPO.

The RFPSS fund management provides already for the appropriate checks and balances and risk limiting mechanisms. Furthermore, the costs of the RFPSS management are only a third of those estimated for the new outsourced EPOTIF. Finally, the RFPSS has to date performed very well, producing higher returns on average than those predicted for the EPOTIF.

It is extraordinary that this far reaching proposal with no meaningful risk limits (the only one contained in the proposal is ill-defined and therefore does not cover a number of risks6) has not been put to the AC for vote, rather only to the BFC in 2017. As such, we believe that this decision was taken ultra-vires by the BFC. Further to the above obvious argument raised by the staff representation, a number of AC delegations stated back in 2017 that this important and far reaching decision should be deferred until the new President takes up office next month. However, the incumbent President stated that it would be only a further loss of time and money if the cash reserves (€2.4 billion) were not be invested as soon as possible. According to his estimates, the gain foreseen for the first year is estimated to €70 million and then €100 million per annum from the next year onwards.

Had the President, however, simply followed the AC decision in the early 1980’s (CA/27/83 point 19) to transfer any surplus into the RFPSS, then the EPO would have already accumulated gains in the order of several hundred million Euros over the past years and the money would have been safely placed in low-risk investments. SUEPO strongly opposes such risky institutionalized gambling with the staff's and the applicant's money. If it all goes wrong, who will foot the bill?

SUEPO have informed the Auditors on the situation and asked them for their opinion.

SUEPO will urgently address this issue with the new President Mr. Campinos: a swift return to a more meaningful and safe financing of our own social security. Meanwhile, all legal means will be explored to minimise the impact of the new fund on the Office’s finances and any appropriate action will be taken.

SUEPO fights for your rights.

Your SUEPO Central

_____ 1 EPO staff and the applicants 2 BFC document CA/27/83 point 19 endorsed by the AC in June 1983 with CA/PV 16 pg 69, para 195ff 3 a method introduced for listed companies and which is not properly adapted for “business models” such as public services, particularly for those of patent offices like the EPO 4 The vast majority of the EPO’s long term obligations are pension obligations whose present value strongly depends on the discount rate applied. For illustration, to pay someone €1000 pension in 50 years’ time, you would have to put aside today either €68,77 [1000/(1+5.5%)50] if you apply a discount rate of 5,5% or €475 [1000/(1+1.5%)50] with a discount rate of 1,5%,a difference of €406. The actuaries who make a recommendation for the EPO’s pension contributions use the same calculation method as IFRS for this calculation, but apply a discount rate of 5.5%. Since the IFRS discount rate is currently much lower than that, the apparent long term pension obligations calculated according to the IFRS method are much higher, thereby suggesting that the EPO should have put much more money aside to cover these pension obligations than it actually did. This over-valued obligation directly inflates the negative equity. Consequently, it is this perceived underfunding that contributes the lion share to the negative equity. This would change drastically through raising discount rates and rates do change considerably with time. For example, in the first years of this century, with higher discount rates, the equity gap was rather small. If the discount rate were to increase to figures like we enjoyed in the 1980’s, then any lingering negative equity due to pension obligations could be transformed into a high surplus. 5 The German delegation voted against as the Bundesrechnunghof had not provided its consensus; three delegations abstained (IT, IE, CZ); two delegations (PT, LI) were absent. All others voted in favour. 6 There, actually, isn‘t a single risk measure which can cover all the aspects of financial risks arising from different assets. This is why the RFPSS and similar funds use a combination of different risk measures.


This won't end well and we certainly don't expect Mr. Campinos to do anything about it. Maybe he too stands to benefit from the gamble.

Recent Techrights' Posts

Microsoft XBox is Having Its 1990s Apple Moment (Near Bankruptcy), Says Respected Insider
Microsoft's CEO has already admitted that XBox is having serious financial problems [...] They already try to reuse the brand "XBox" to refer to Vista 11
OECD Carries Water for Microsoft, Targets Schools and Children With Slop Agenda
Peel off a layer or two to find GAFAM
Links 16/06/2026: UK to Restrict Access to Social Control Media; The FCC Wants to Eliminate Burner Phones
Links for the day
 
Microsoft Will "DOOM" id Software and Others, Claim Observers
As the worst predictions trickle in and out Microsoft loses control of the narrative
Austria Shows Rapid Demise of Windows in the EU
Expect many Microsoft layoffs soon, and not just in XBox/gaming
Links 16/06/2026: Mainstream Media Affirms Microsoft Studio Closures Planned, Anthropic’s Latest Marketing Hype Debunked by Experts
Links for the day
This Morning The Register MS Published Page With "AI" 42 Times in It. It Was Paid SPAM.
The Register MS is propping up a pyramid scheme
Microsoft "Xbox braces for sweeping studio closures before June 30."
Microsoft's control of the damage-limiting narrative has clearly slipped
In Africa's Largest Nation Windows Has Fallen From 100% to a Lot Less, Now All-Time Lows
Let's see what happens or will happen in Algeria in 2027
Richard Stallman's Talk Due in One Hour, Here's What People Say
To Stallman, what matters is control by users and collective control
SLAPP Censorship - Part 108 Out of 200: Moving On and Moving Up
an explanation of our rich history and commitment to courageous whistleblowers
Why We Call Him Dr. Stallman
He got at least 15 such titles
United States of America: GNU/Linux Hovering Around 5% (It Started There)
GNU/Linux is turning 43 this year (in a few months), Linux will turn 35
Microsoft Promises Made to be Broken
It's a real problem and it is not limited to XBox
IBM Down $61 in Two Weeks, The Lies About Quantum Computers Didn't Last Long
IBM is an unsafe employer, not a good place to work
You Probably Don't Want to "Go Viral" in Toxic Social Control Media
Good news sites do not strive to go "viral" but to be consistently good, irrespective of "traffic"
New 'Article' in The Register MS Has Mentioned "AI" 44 Times. The Register MS Got Paid to Publish It.
Bear this in mind when seeing "hey hi" all over the news
18-Year Anniversary of Our IRC Community
As noted some months ago, trolling and abuse in our IRC network is very rare these days
Microsoft - Like IBM - is Leaving a Legacy is Emptied/Abandoned Buildings
Microsoft's LinkedIn had many layoffs recently
Richard Stallman's (RMS) Speaking Tour in Europe Coincides With Abandonment of Microsoft Windows
The message applies to all governments
Gemini Links 16/06/2026: Nazi Law of Mental Abuse and Lewis Aburrow's 3D-Printed Slider
Links for the day
Links 16/06/2026: Windows TCO and Fedora Finding Serious 20-Year-Old Holes in Microsoft Outlook
Links for the day
European Patent Office (EPO) Series: An Advisor to the President
he had recently advanced to membership of the "inner circle" of Team Campinos.
Two Weeks Ahead of July Three Studios Microsoft Plans to Shut Down Already Named
This is what happens when companies try to establish themselves on a mountain of promises and false assumptions, kicking the can down the road until payroll becomes hard to complete
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 15, 2026
IRC logs for Monday, June 15, 2026
IBM Works for Microsoft
Hours ago in IBM.com
Microsoft May Already Be Shutting Down More Gaming Studios
the writings are on the wall: XBox is in disarray.
European Patent Office (EPO) Series: The EPO's Brussels Liaison Officer
It would appear that in January 2020, Pellegrino was induced by Campinos to jump ship from the EUIPO and take up his current position as Brussels Liaison Officer for the EPO
European Patent Office (EPO) Receiving Section (RS) and Elimination of Many Roles
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO) [...] Does the EU leadership intend to tolerate this?
Microsoft's XBox is Disintegrating, Executives Are Quitting
We're basically witnessing the slow-motion "end of XBox"
Gemini Links 15/06/2026: Slop Code Benchmarked, Wireguard on NixOS and Guix
Links for the day
Links 15/06/2026: More Own Goals for the Slop Industry, Palantir Trouble in UK
Links for the day
Apple Wants Everybody to Forget About "Vision Pro" Because It Was a Giant Flop
worthless gadgets with no obvious use case/s
The Cyber Show is Adopting 'Book Form' (or Long Form Publications)
Andy and Helen nowadays invest more time in making their site faster
Richard Stallman's Software Freedom/Digital Sovereignty Tour in Europe
As things stand at present, the vast majority of people have their interactions controlled/policed by GAFAM
Estimates of Scale of Microsoft Layoffs, Will Likely Happen "in Batches"
"Heard 10 to 15 percent eventually but idk date."
IBM Has Put Red Hat on a Poor Diet of Slop, Now Fedora and Red Hat Suffocate or Choke on It
Over the weekend we saw more people leaving the company
Estimates of Microsoft Layoffs: 3,000 Staff to be Culled Just in Gaming, How Many in Other Divisions?
Now the XBox division has its own "fall guy", but it is a woman
Straw Man Arguments Against Rust
If anything, it teaches the importance of auditing packages
Tesla Debt Rose Sharply, Sales Declined, Wall Street's Claim of Tesla "Value" is Merely a Fairytale (and Not Just Tesla)
We would gladly sell land on Mars to anyone who honestly believes a company that loses money is somehow "worth" trillions in Wall Street
Stop Calling Losses "Investment"
XBox is losing money, it is a sinkhole
For Justice We Need More Speech, Not Less Speech
When you attack something you are just giving that something a bigger platform
SLAPP Censorship - Part 107 Out of 200: Keeping Law Accessible to Everybody
We'll have stories related to this in the future
Links 15/06/2026: Slop "Beg Bounties", Wall Street Fakes 'Worth', and Arkansans Saved PBS
Links for the day
Gemini Links 15/06/2026: Dating Oaks, Simulation, and Theremin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 14, 2026
IRC logs for Sunday, June 14, 2026
Links 14/06/2026: Energy Cost and Reality Strikes at Heart of Slop Bubble, 75 Data Center Build-outs "Successfully Blocked"
Links for the day
Microsoft CEO Says XBox is Not a Sustainable Business
"Now, we have to turn this into a sustainable business," he said about XBox
MElon (MUSK, Elon) is a Trillionaire Like Penguins Are Mammals
Have media outlets told the truth?
Unlikely Heroes
One personal hero who is not alive (anymore) is Navalny
Bruce Schneier Was Probably Wrong About Slop
Right now politicians who openly speak in favour of slop are committing "political suicide"
SLAPP Censorship - Part 106 Out of 200: 100 Kilograms of Legal Papers
When one party's communications and filings weigh at about 3 KG of paper and another's... at about 100 KG of paper
Links 14/06/2026: More Google Layoffs, Wall Street Deems Companies That Lose Money "Worth" Trillions
Links for the day
Gemini Links 14/06/2026: "The Universe is a Hologram", "Matrix Brain Download", and "Happy 0th Year"
Links for the day
European Patent Office (EPO) Series: Battistelli's "Baltic Crusader"
Gilles Requena, Battistelli's erstwhile "Baltic Crusader" and the loyal servant of his successor Campinos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 13, 2026
IRC logs for Saturday, June 13, 2026