Bonum Certa Men Certa

German Media Compares Team Battistelli at the EPO to the Mafia

Related: The Battistelli Mafia and Corsica (article below involves the Battistellis)

Antoine Battistelli article



Summary: The Mafia-like culture of EPO management as explained in a new article from Christian Kirsch at Heise, Germany's leading site for technology news

THE STAFF Union of the EPO, SUEPO, published an English translation [PDF] of the article "Europäisches Patentamt: Große Baustellen für den neuen Präsidenten" some time yesterday.

"It also cites an expert when revealing that "around three quarters of the EPO patents challenged in Germany are declared null and void by the Federal Patent Court," reaffirming concerns about decline in patent quality -- something that Team UPC would not mind as it would mean more lawsuits."While there's not so much new and unique information in this article, it does (at times) use colourful language, arguing that "the Office sometimes shied away from publicity as if it were some kind of family of Mafiosi."

It also cites an expert when revealing that "around three quarters of the EPO patents challenged in Germany are declared null and void by the Federal Patent Court," reaffirming concerns about decline in patent quality -- something that Team UPC would not mind as it would mean more lawsuits.

Always remember that patent lawsuits -- frivolous or not -- are Team UPC's "bread and butter".

We've decided to reproduce this English translation below with some highlights:

European Patent Office: A lot of ground to make up for the new President



01.07.2018 12:12 Christian Kirsch

The European Patent Office in Munich

The new President of the European Patent Office has a lot to do: Conflicts with staff and criticism of the examination practices have been the trademarks of the past few years.

Benoît Battistelli took office as President of the European Patent Office (EPO) on 1 July 2010. Eight years later the job is being taken on by the previous Director of the European Intellectual Property Office (EUIPO), António Campinos. He will have to head up an authority of which the staff have been locked in a struggle with management for years. And as well as that, criticism has recently been growing from the outside of Battistelli’s pet project, “greater efficiency” at the Office.

The fact that all is not well at the EPO was already becoming evident at the end of 2012. At that time the management intended disbursing a part of the surplus of 89 million Euro to the staff. The staff union SUEPO turned the offer down, on the grounds that it would have been a false incentive to approve patent applications rather than reject them. Essentially, it is only from approved applications that the Office earns its money on a regular basis.

António Campinos, Director of the EU Intellectual Property Office (EUIPO), takes over the Presidency of the European Patent Office as from 1 July. (Picture: Portuguese Government)

Twice as many patents with the same personnel

The accusation that Battistelli was more interested in quantity than quality was made again and again over the years of his Presidency. In 2010 the EPO issued 58,000 patents; in 2017, at 105,000, there were almost twice as many. In the same period between 142,000 and 165,000 applications were received annually. There was little change among the patent examiners either: Their number rose from the end of 2011 to the end of 2017 by only six percent. Battistelli could congratulate himself on having almost doubled “productivity”.

The Office disputes the contention that the applications may not be being examined as thoroughly as they were in the past. Battistelli had his own “Quality Reports” produced for 2016 and 2017, which were supposed to prove that everything was for the good. But not everyone was convinced. Patent attorney Thorsten Bausch, for example, says that a high proportion of “very satisfied” applicants can easily be explained by the rapid processing; of course someone is happy if they get their patent rapidly.

But whether the protective right was correctly issued is really only determined later, such as in legal action for patent infringement. Bausch points out that around three quarters of the EPO patents challenged in Germany are declared null and void by the Federal Patent Court. And that says nothing about the general quality, because only a very few patents actually get as far as going to court.

Concern about the robustness of patents

Shortly before the end of Battistelli’s time in office, four Munich patent attorney firms published an open letter, in which they criticised the accelerated patent issue procedure. By their own estimation, the firms handle tens of thousands of patents. In their view, it is plain to see that the quality of patent examination is going to suffer if the main aim is to get the business over and done with as fast as possible. Back in March 2018 almost a quarter of the EPO patent examiners approached Battistelli and the Administrative Council of the Office. They complained that they were more and more frequently being faced with choosing between the requirements laid down by the European Patent Convention and the demands of their superiors, and what they wanted was to churn out “products”.

A sign

But that was not the only concern for the staff during Battistelli’s eight year reign. Above all, the relationship between him and the union became steadily worse. This degeneration culminated in the demotion and dismissal of staff representatives at the beginning of 2016. This meant that the EPO President was actually going over the heads of the disciplinary commission concerned. Legal challenges by the people sacked resulted in success at the end of June 2018: The court with jurisdiction at the International Labour Organization (ILO) ruled the decisions by the disciplinary commission and Battistelli’s intensifying of penalties were wrongful in law, and awarded the union members compensatory damages.

Suspension without evidence

Battistelli got another slap in the face over the suspension of a judge at the EPO Board of Appeal. The procedure, according to criticism by many patent experts, had actually broken the Patent Office’s own rules. Battistelli had not been authorised to take action at all. He initiated an emergency situation, but without presenting any evidence for doing so. Instead, the EPO Press Department spread the word that the judge who was fired had been found to have weapons and fascist propaganda material in his office. The only support for Battistelli’s accusation that the judge had slandered him and the Office was a mysterious USB stick. The content of this stick was recently declared by Munich Regional Court to be inadmissible as evidence, after the ILO had already lifted Battistelli’s disciplinary measures against the judge.

So António Campinos is inheriting a heavy burden. Not only does he have mend the relationship with the staff, he also needs to restore lost confidence among clients of the EPO. For both issues, a departure from Battistelli’s beleaguered fortress mentality could help. During his time, the Office sometimes shied away from publicity as if it were some kind of family of Mafiosi.

EPO income is still gushing

But the 38 member States involved in the EPO have no particular interest in a more open approach. The Administrative Council, to which they appoint delegates, largely kept its nose out of the way Battistelli ran the Office, and the minutes of its meetings are models of largely how to say nothing. From the point of view of the Administrative Council, everything could presumably stay exactly the way it was. In the final analysis, rising income at the EPO creates substantial injections of cash for the national patent offices, and for the German in particular. During Battistelli’s term in office, annual profits at the EPO went up almost fivefold, to 394 million Euro.

Even if the relationships between the Office management and the staff do improve, a basic dilemma remains: The EPO is a supra-national institution. Despite its name, it has nothing to do with the EU. This means that the staff have no recourse to European labour law, nor to any other national labour legislation. Any conflicts which cannot be resolved inside the Office are a matter for the International Labour Organization, and decisions there can take up to ten years. (Christian Kirsch) / (ck)


We haven't yet seen/found any turnaround in António Campinos; in fact, we are growing rather impatient as today he closes one week at the Office and he hasn't yet signaled reinstatement of staff representatives, Judge Corcoran etc. We did, however, see him lobbying for the unconstitutional UPC (on his second day in Office) -- a subject to be explored or revisited in our next post. ⬆

Recent Techrights' Posts

EPO Union Bemoans Lack of Social Dialogue as Dictator Wishes to Govern Forever (No Elections, No Rivals), Hide the Many Issues
"Exchange of open letters"
IBM Cannot Hide the Layoffs Forever
we welcome whistleblower to tell us more and send us documents related to that
What is a Conditional Fee Agreement (CFA)? When Law Firms Become the Litigants.
And the Solicitors Regulation Authority (SRA) needs to be more serious about tackling this
Brigading Against Women - Part XX - Attempts by Lozza to Deplatform Techrights and Tux Machines Only Days After I Sued Garrett and My Wife Also Sued Garrett (Shortly Before the Serial Strangler From Microsoft Joined)
in 2024
Links 06/10/2026: A Year Since "NSA Whistleblower Reality Winner Released From Prison", World Tries to Deal With El Niño
Links for the day
 
Microsoft Hiring Only on the Cheap
Much of the same can be said about GAFAM and IBM
Gemini Links 06/10/2026: Nightfall Express, Shorthanding, and Raspberry Pi Desktop Gets a Debian Trixie Refresh
Links for the day
20th Anniversary Next Month
We are currently trying to agree on a plan for next month's celebrations
Taking Photos With Richard Stallman (RMS)
What's the point?
GAFAM Attack on FreeDesktop
Now they push lots of LLM slop into Linux
GNU/Linux Has Risen in France Since the Order to Adopt GNU/Linux (in Public Services)
We can expect the same in countries like Denmark, Switzerland, Germany, and The Netherlands
On Microsoft Hiring Freeze or No Permanent Jobs at Microsoft Anymore (Amid Many Silent Layoffs)
Microsoft has changed what it can offer workers
EPO's Central Staff Committee Asking The Council to Get Rid of Corrupt Campinos
We'll be covering EPO scandals around the time of that meeting
Gemini Links 06/10/2026: EU Kids Act, Practicality of Gemini, and Games
Links for the day
Links 06/10/2026: Data Breaches Epidemic and Turkey Blocking Journalists
Links for the day
The Whole Point of Computing is That Computers Are Deterministic (Speed With Predictable Accuracy)
Unlike stochastic parrots that stochastically utter out lies
It's Not a Linux Back Door If It's an Unpatched Device
"Linux Backdoor" is a glaring misfit, a possibly 'obscene' term
"SIRIUS CORPORATION LIMITED" as Evidence of the Financial Shell Games in the UK
Rianne and I still have some fond memories of the time the ex-wife of the CEO treated us like human beings
Lots of Silent Layoffs at IBM Last Week, Employees Explain Patterns of Those Impacted
It wasn't just gossip, it actually happened even if the media chose to look the other way (as usual)
Gemini Links 06/10/2026: Fighting for Purpose, Gemlogs, and Gemtext
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 05, 2026
IRC logs for Monday, October 05, 2026
Red Hat is Phased Out of Existence This Month Onwards
Within a few years we'll probably not see many redhat.com addresses anymore; many became ibm.* last week
Finland's GNU/Linux Share Measured at 12%
Last month GNU/Linux was measured at about 10% in Finland
UK Layoffs and Closures by Microsoft. In Expected Blow, Microsoft Likely Shuts Down Another Studio.
Microsoft's layoffs are never-ending, they just try to keep them all secret.
NVIDIA Buys the Media With Companies It Sponsors to Pretend to be Customers (Circular Funding Scheme)
The media crisis worsens
Discussion About Potential Sale of EPO Buildings and Enshittification of Europe's Largest Patent Office
It's noteworthy that only one hour (or 70 minutes) was devoted to so many topics
Brigading Against Women - Part IXX - Overreaction From Young Female Professional After Invalid Threats Made and Sent From an Incel in Another Continent
Cowards who send threats after committing crimes online
Stonewalling by Bots
We'll now turn our attention back to EPO and other matters
Gemini Links 05/10/2026: "Posthumanism", Cardputer, and More
Links for the day
Links 05/10/2026: “I’m Embarrassed on Behalf of the Tech Industry” and Slop Scammers "Lobbying the Vatican"
Links for the day
SIRIUS OPEN SOURCE LTD Officially Insolvent, Is Reform UK Next?
Sirius no more
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026
Secret Microsoft Layoffs and Maybe Another "Voluntary Exit Program at Microsoft in October"
there's a morale crisis at Microsoft
MIT Technology Review (MTR) Reinforces MIT's Role in Promoting Slop (Pyramid Scheme) in Exchange for Money
MIT is a poster boy (or child) of institutional corruption, perverts, and corporate takeover
Many Topics to Cover
Drops in a big ocean
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026