Bonum Certa Men Certa

When Europe's Leading International Patent Litigators Get Fed Up With Benoît Battistelli and Want Him Sent to 'Exile'

Battistelli's disregard for the law takes its toll


Napoleon's retreat from Moscow by Adolph Northen (1828–1876)



Summary: Battistelli has drawn the ire not only of politicians, journalists, bloggers, EPO employees and lawyers of these employees but also lawyers who profit from Battistelli's EPO

Benoît Battistelli's EPO is a disaster zone. Patent lawyers now realise that large applicants (as in large corporations) get to jump queues and they can also recognise that the EPO attacks its critics (those who show the nepotism for instance). What kind of a regime is this and how come it managed to survive another year? For potential answer stay tuned for part II of "Battistelli's Furious Love Affair With French Power" (tomorrow).



"Based on what we are hearing from patent lawyers in Europe (some of them send us E-mails), they are definitely not happy. Some are so furious and fed up with Battistelli that they send us material about the EPO's management."The latest article from IP Kat speaks of the boards although it doesn't delve deep into any scandals. The writer (not Merpel) says that "Decision T 942/12 is a very important and welcome decision on liability and renewal practice management for European patent attorneys. It addresses the onerous responsibilities that previous Boards have held are applicable to EP attorneys in cases where an applicant uses a third party service to pay renewal fees, and defines an exception to those onerous responsibilities. [...] An interesting point from the case file is that an informal survey was carried out and submitted to the EPO, where the EP attorneys polled 20 firms across several European countries asking what their practice was with regard to overdue renewal reminders from the EPO: while all 20 firms confirmed they would send the official overdue reminder on to their client, only 7 out of the 20 firms indicated that they would follow up, overwhelmingly because they could neither charge for such activity or expect to be paid for it when they were not responsible for renewals."

Based on what we are hearing from patent lawyers in Europe (some of them send us E-mails), they are definitely not happy. Some are so furious and fed up with Battistelli that they send us material about the EPO's management. The EPO conveniently blames everything on the whipping boy SUEPO, but of course it wouldn't want to admit that the anger directed at EPO managers is very widespread. It would totally discredit the laughable narrative that the EPO is under attack by just one person with many pseudonyms or a small number of disgruntled workers.

"The EPO conveniently blamed everything on the whipping boy SUEPO, but of course it wouldn't want to admit that the anger directed at EPO managers is very widespread."The EPO is attacking not only staff representatives but also some of its own. Just see the utterly disrespectful treatment of a board's judge. Team Battistelli is now trying to make oversight and independence even harder by separating (or at least trying to separate) the boards from Munich. It's more about punishing and effectively firing staff (collectively changing job location), for merely 'daring' to stand up to abuse of power at the top floors of the EPO's building in Munich.

Thankfully, some leading patent lawyers in Europe now get the courage to stand up to Battistelli and defend the EPO’s Boards of Appeal. This one blogger wrote yesterday:

Having apparently experienced too much resistance from the German government against moving the EPO Boards of Appeal to Berlin, President Battistelli, who is French (but unfortunately neither Love nor in love with the Boards of Appeal), now tries to exile them to Vienna. Indeed he has recently put such a request before the Administrative Council.

It is time to push back such ideas swiftly and forcefully. What the EPO and Europe need are truly independent, well-staffed Boards of Appeal who do their important job impartially and efficiently. In contrast thereto, the last thing the EPO needs is a President who seems to be almost obsessed by the idea that the Boards of Appeal must be pushed to leave Munich to some other place where he no longer has to see them when entering or leaving His Office, and who even seems to go as far as to refuse staffing the Boards of Appeal appropriately.

[...]

May I make a modest counterproposal? The EPO is currently building a fancy new office tower in Rijswijk. Why not move the President to a nice and brand new luxury suite on the top floor of this building and allow the Boards of Appeal some more rooms and, above all, significantly more staff members in the Isar building? Thereby independence of the Boards of Appeal could be secured (if it is at all supported by some physical distance between them and the President, as he seems to believe) and, most importantly, they can at least begin to reduce their backlog of cases. And if that is not enough and the President still needs rooms in Munich after his move to Rijswijk to exercise whatever official function, the EPO could probably also afford renting a nice small palais in Munich for a few years. For example, I could very well imagine that a few representative rooms are still to be had in Nymphenburg Castle. I would go for them, Mr. President, if there is no more sensible way to restore piece within the EPO (which I strongly advocate in the first place). But please don’t bother the Boards of Appeal! We need them doing their job in Munich. And we need motivated rather than intimidated or irritated examiners as well!


As noted in one of the comments in IP Kat, "you will find one of Europe's leading international patent litigators giving (under his real name) his views on the way the EPO President is running the EPO (into the ground).

"It sure looks like, just ahead of Christmas (again!), the sloeber (Battistelli) comes under increased pressure to resign, as his buddies in the Administrative Council are too terrified (or in cahoots) to fire him.""I find such heart-felt, well-informed and expert utterances, in one's own real name) much more powerful than all the anonymous whingeing here on this blog. It takes a brave man to stick his head up above the parapet, even when his best career years are yet to come. Look. Read. He puts the interests of his clients (large and small, domestic and foreign, patent owners and accused infringers) above his own interests. Our clients need an EPO that works. If you think so too, say so."

It sure looks like, just ahead of Christmas (again!), the sloeber (Battistelli) comes under increased pressure to resign, as his buddies in the Administrative Council are too terrified (or in cahoots) to fire him. It's claimed that the sloeber was already close to resignation earlier this year.

Recent Techrights' Posts

The Gerstnerisation of Microsoft: Seventh Wave of Microsoft Layoffs (Over 20,000 to be Cut) Allegedly Going to Start Shortly, Probably Start of Next Week, Microsoft Spreads Chaff and Noise Before the Big Axes Fall
we might be looking at about 50,000 people that Microsoft gets rid of this year
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
 
European Patent Office (EPO) Faked "Revenue Expansion" by Granting Loads of Invalid, Illegal Patents; Staff Still Wants to Know Where That Money Went
Only about 30% of the EPO's patents are for EU entities/people
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025
Links 08/05/2025: Mass Layoffs at Google Again, India/Pakistan Tensions Continue to Grow, New Pope (US) Selected
Links for the day
"Victory Day" - Part I: That is the Day Microsofters Who Assault Women Pay for Their Actions in Foreign Land (Using "Guns for Hire" Who Attack Their Own Country for American Dollars)
Adding a friend from Microsoft to the docket didn't help
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025