Bonum Certa Men Certa

German Press Explains EPO Investigation Unit (I.U.), Struggles to Openly Speak to the Secretive EPO

Summary: The secretive Investigation/Investigative Unit (I.U.) of the European Patent Office (EPO) is further studied/explored by a recent article from junge Welt, an old and well-established German newspaper (since 1947)

THE EPO-centric coverage at Techrights is going to become more frequent and intensify because the more the EPO's management cracks down on dissent (even very legitimate dissent), the more passionate its critics will become. On the face of it, more and more critics come out of nowhere now, even in the media (newspapers, radio, and television). The EPO has become the poster child of European institutions going rogue. The abuse happens on many levels and later today (probably this evening) we will write about EPO abuses that relate not just to (mis)treatment of staff. There are far broader issues at hand and these issues mean that today's EPO does a huge disservice to European citizens, usually at the behest of very large corporations (many of which are not even European).



"The EPO has become the poster child of European institutions going rogue."SUEPO has shared another set of translations [PDF] of an article from junge Welt, titled "Juristisches Niemandsland" (we are from now on making local copies of documents, having seen the EPO using threats to remove critical material and muzzle critical voices).

As SUEPO puts it, "junge Welt gives on overview of the current climate at the EPO and the repressive reforms put in place by Mr Battistelli: "Employees have a fake sense of security. Protestors are being spied on and prosecuted." The article reports on the work of the Investigative Unit: "covert surveillance of public or semi-public computers, no right to remain silent and no right to a legal counsel during interrogations".

"A member of the Boards of Appeal was suspended over allegations of defamation. Staff representatives and/or union executives are subject to investigations by Control Risks and, among them, Elizabeth Hardon, SUEPO Chair. Freedom of expression and of association are under severe attack and the discussions on union recognition are just a sham and a marketing trick. The Dutch Court of Appeal ruled in favour of the union, but Mr Battistelli refused to recognise the Court. And so it goes, in the legal no man's land."

In the interests of gathering information in one place for later analysis and cross-referencing, here is the English translation of the entire article:

English translation

From: Edition of 18.09.2015, page 5 / Home News

Legal No-man’s Land



At the European Patent Office, labour and employee rights have literally been suspended. Anyone who tries to fight back gets snooped on and targeted

By Ralf Wurzbacher

EPO HQ

Regular panic on the Titanic?
At the European Patent Office in Munich the Boss looks after everything.
It’s a fiefdom.
Photo: Andreas Gebert/dpa - Bildfunk



The staff at the European Patent Office (EPO) based in Munich have their own union – or somehow they don’t. If you call SUEPO, someone says “I can’t talk to you.” That needs permission from the senior management, or, more precisely from the Boss. That’s Benoît Battistelli, a.k.a. “the Sun King” or the “Dictator”, who rules over a mini-police state. Even the attempt at contact by junge Welt seems not to have met with the approval of his apparatchiks. Conversely, it is known for certain that at the end of last year two publicly- accessible computers were bugged with spyware and cameras for weeks, so as to catch an uppity staff member in the act.

It worked. The perpetrator was caught red-fingered and promptly thrown out. The patent judge in question, as a member of the EPO Board of Appeal, is said to have spread defamatory messages about the President of the Office and other managers. But the guilty party is only one of the critics – and there are a lot of them. When Battistelli took office five years ago the mood among the staff started to get steadily worse, and has now broken out into public protest. Employees from Munich and the office at The Hague in the Netherlands have taken to the streets a number of times to protest the iron-rod rule of their French boss, most recently at the end of June, in their hundreds from the headquarters in Munich. According to the Münchner Merkur, their demands were unambiguous: “He’s got to go.”

Battistelli arrived in 2010 to make the EU patent organization “more effective” and to generate bigger profits. Part of his “reform” is a performance-based career system, under which people who take time off due to illness gets their salary docked. Anyone who nevertheless dares to feel unwell, according to a report in the online portal Telepolis, must be at home at set times so as to be examined by an EPO-appointed doctor. Discipline and control come before anything. This was why what is known as the Investigation Unit came into being, which looks into accusations against staff members. Like a tribunal, witnesses and accused are heard, but there is no right to remain silent, nor are any attorneys allowed to assist. According to SUEPO, the external investigation company Control Risks has been brought in by the management, and the Dutch press claims that a detective agency has been hired to spy on the staff.

It is no coincidence that trade unionists are particular targets for the “sniffers”, above all SUEPO executive Elizabeth Hardon. She has been threatened with legal action due to the disclosure of “confidential information”, which includes, in the EPO interpretation, the disclosure of her summons before the investigation committee. When it comes to fundamental rights such as freedom of opinion and freedom to gather, Battistelli is having none of it. Word has it that he banned a demonstration with the threat of dire consequences for future careers, and he has also taken it upon himself to dictate how strikes can be conducted and how long they can last. He has in fact never even acknowledged SUEPO as the representative body of the employees. Negotiations along those lines were recently curtailed. Staff members regard the so-called peace talks as eyewash and a nothing more than a marketing trick.

How can this be happening on German soil? As an international authority, the EPO is not subject to the law of the host country although German citizens make up a quarter of the workforce, with some 7,000 employees. The Patent Office is not an EU organization either, because not all of the 38 European participant countries are members of the Community. From the legal point of view, the EPO is practically untouchable, but not politically. Federal Minister of Justice Heiko Maas (SPD) is aware of the blatant contraventions of German labour law, and of the data protection guidelines which apply in this country. At the beginning of April his office let it be known that Germany, on the EPO Administrative Council, along with nine other countries, had abstained in the vote on Battistelli’s reforms. That’s what’s called symbol politics.

Conversely, a court at The Hague disagrees. Judges there have recently suspended the legal immunity of the Patent Office, and issued three demands: The EPO may no longer lay down the rules about labour disputes, the E-mail communications of SUEPO members may no longer be blocked, and the negotiations for union recognition must be resumed. Battistelli took due note and declared that the court does not have jurisdiction. And that’s how easy it is to rule in a legal no-man’s land.


Benoît Battistelli and many of his 'bunker mentality' colleagues come from the country that spreads "right to be forgotten" (Internet censorship), so it might not be long before trying to ban news sites or prevent sites like Techrights from appearing in search results (expanding censorship beyond the EPO's private networks). Stay tuned because we have a lot more coming.

Recent Techrights' Posts

The FSF Board and FSF Beard
So the FSF's Board has grown
Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
 
Links 22/06/2025: Giving Up on Smartphones and 'Jaws' at 50
Links for the day
Gemini Links 22/06/2025: Furniture Construction and Bubble for Comments
Links for the day
Links 22/06/2025: Windows TCO Tales and YouTube Getting More Hostile to Users
Links for the day
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day