Bonum Certa Men Certa

The Coup D'état of Benoît Battistelli Follows an Imperialist Model, Threatens Opposition and Dissent

Battistelli wants to 'pacify' the office by means of threats, bullying, and even exile

Mall window



Summary: SUEPO, the staff union, and boards that are independent from the EPO are both under attack and are constantly threatened by Benoît Battistelli and his goons

THE misconduct at the EPO is becoming an urgent issue to tackle. We wrote about patent trolls fighting against Android (i.e. Linux) in Europe just a few days ago and the UPC may soon become a reality, joining blatant injustices like the TPP.



"The EPO wants staff to blindly obey its decisions on patents and workers’ rights while the EPO itself does not obey the law."Earlier this week the FFII's President Benjamin Henrion wrote that "EPO does not follow the "rule of law" principle, which means any of its acts are not challengeable in front of a court" (i.e. above the law).

The EPO wants staff to blindly obey its decisions on patents and workers' rights while the EPO itself does not obey the law. This is double standard of the highest order.

In "March of this year alone, the IPKat welcomed 212,040 site visitors," it wrote earlier this month. Well, that's obviously because of EPO scandals, especially the news from the Netherlands which made it a very busy month for EPO-related news. We are gratified to see that Merpel is back to covering this topic. Last week she wrote about some new developments and yesterday she wrote about Željko Topić's latest attacks on workers' rights, preceding next week's demonstration.

"We are gratified to see that Merpel is back to covering this topic.""On this world day against software patents," Henrion wrote, "we have to wake up sleeping Europeans against swpatv3 via the Unitary Patent Court" (UPC is just the latest among many plots or ploys that can further legitimise software patents in Europe from the back door).

"Cisco and Samsung cross-license to ignore the harm of patents," he noted, but the "option [is] not available to small companies and developers" (it's very much like OIN, which helps large corprations legitimise and preserve software patents, as we last explained last night).

SUEPO, the staff union at the EPO, seems eager to fight back and challenge the gangster of the management, Mr. Topić.

"Mr Zeljko Topic (VP4)," it wrote, "and Mr Raimund Lutz (VP5) issued on 2 October 2015 a Communiqué to EPO staff titled "Your rights" which was later published here by IPKat.

"SUEPO was sorely tempted to rebut the slanderous allegations of VP4 and VP5, but the public ridicule to which they are subjected speaks volumes on our behalf, see for instance the comments on IPKat.

"Based on the very latest from IP Kat, the EPO’s Battistelli is now destroying the boards (of appeal) that are supposed to provide an independent last resort when the EPO is misbehaving.""If anyone has doubts about the legality of SUEPO's actions or about the sincerity of the EPO's offer of impartial legal assistance, the SUEPO committee will be happy to answer questions. At this moment, it will suffice to say that SUEPO applauds VP4 and VP5 for finally grasping the notion of the applicability of "basic fundamental rights" and "general principles of law", and look forward to further progress reports about their seemingly ongoing study of fundamental legal doctrines."

Based on the very latest from IP Kat, the EPO's Battistelli is now destroying the boards (of appeal) that are supposed to provide an independent last resort when the EPO is misbehaving. As Merpel put it: "The drive to get the Boards out of Munich strikes Merpel as either deeply stupid or entirely cynical, and she doesn't believe Mr. Battistelli is at all stupid. The purported problem identified in Mr Battistelli's proposal to reform the Boards of Appeal was the "perception of independence". You couldn't, he argued, have Boards in the same building as other EPO employees whose decisions a Board might be reviewing -- which is an odd argument, since there are no Examining or Opposition Divisions based in the Isar building.

"A rather more widespread perception around the EPO is that Mr Battistelli can't bear to have the Boards in "his" building (Merpel seems to recall that they were there first, though), and/or that he wanted to teach the Boards a lesson. Even having his own private express lift from car park to the sumptuously appointed presidential floor does not always exclude the chance that he might encounter one face-to-face during his working day.

"The relationship was poisoned when the Enlarged Board decided Case R19/12, a decision about judicial independence about which Mr Battistelli was furious. You see, far from lacking independence, the real problem for EPO management is that the Boards are sometimes too damn independent and this cannot be tolerated. Yes, there's a structural issue in how the Boards fit into the European Patent Organisation, which would require amendment of the Convention to fully remedy, but this did not seem to cause problems in practice until now. Nobody should pretend that this proposal to move the Boards out of Munich serves the interests of judicial independence. It is really the opposite: showing this group of ungrateful judges who's really the boss, who's in control of their careers.

"There are many things that are rotten at the EPO and the rest of the month will be spent putting some more 'dirty laundry' out there.""Having established that the Boards had to get out of the current Munich headquarters, Mr Battistelli identified two options: find another building in Munich, or relocate the members of the Boards to Berlin (Vienna, which is now the front runner, appears to have been arranged behind the backs of the Administrative Council (AC) and of the Boards, since it never formed part of the formal proposal)."

So Battistelli wants them exiled like Napoleon. See what we recently (earlier this month) wrote about these attacks on the boards. There are many things that are rotten at the EPO and the rest of the month will be spent putting some more 'dirty laundry' out there.

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
Microsoft's Debt Exploded by 15.4 Billion Dollars in the Past 9 Months Alone (Despite All the Layoffs)
As of minutes ago, at 6PM on a Friday, the numbers are made public
LLMs as Attack Method Against Free Software and Programming
DDoS in "hey hi" (slop) clothing
Google as a 'Bullshit Generator' Disguised as Intelligence
It'll probably cause Google to get sued a lot, both by individuals and companies
As Expected, Google in the UK Now Experiments With Slop Instead of Web Search
At this point more people ought to stop and think: Does Google's search engine deserve trust?
 
Slopwatch: The Issue Persists, But the Consensus in the Media Changes as Google Enrages It With LLM Plagiarism
We've meanwhile assessed the latest output from Linuxiac
Microsoft Actually in Trouble, Microsofters Unable to Obey Judges' Orders
For the second time in a week, Microsofters are unable to obey orders
IRC Proceedings: Friday, August 01, 2025
IRC logs for Friday, August 01, 2025
Links 02/08/2025: İstanbul Retail Inflation Reaches 42.48%, US FBI Opens Office in New Zealand
Links for the day
Gemini Links 02/08/2025: ZFS, LLM Hype, and Fake Modules
Links for the day
Links 01/08/2025: Health, Conflict, and Attacks on Freedom of the Press
Links for the day
Meeting (Webchat) With Maria Arranz Gomez, Florian Grundies, Jürgen Janda and Konstantinos Kortsaris Confronts EPO Management About Breaking Promises and Crushing Workers
The lack of consistent messages suggests plans other than what's advertised and the lack of consultation (secrecy) likewise
Links 01/08/2025: "The Great British Firewall" and U.S. Army Sponsors Palantir
Links for the day
For Second Day in a Row, Top Story in The Register MS is "Microsoft Says"
The editor in chief exercises control over everybody else
Stability and Reliability, Backward Compatibility
I don't fancy relying on social control media as "sources"
What "the News" Looks Like in 2025
The "says" (or "sez") phenomenon
History Will Be Distorted, Sometimes Intentionally, Under the Guise of Intelligence (Manipulated/Curated Slop)
Militarised misinformation or military-grade chaff is a national security threat, even domestically
Financial Engineering Companies: A Company Worth 4 Trillion Dollars Would Not Borrow 100+ Billion Dollars at Interest Rates Like Today's
Many headlines perpetuate the lie Microsoft had just 2 waves of layoffs
Microsoft is Googlebombing "Linux" While Paying Former News Sites to Publish SPAM
How much lower will IDG sink?
The Data You Don't Give Away is Your Advantage
stop sharing data that does not need to be shared
Being Obedient or Doing the Right Thing
The world always changes for the better because of people who think "Outside the Box", not the cogs
Gemini Links 01/08/2025: Happy Hacking Keyboards and New Gemini Arrivals
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 31, 2025
IRC logs for Thursday, July 31, 2025
Sabotaging Linux on Behalf of Microsoft With UEFI 'Secure' Boot (De Facto Remote 'Kill Switch'), Then Defaming, Stalking and Harassing Critics of 'Secure' Boot for 12 Years, Then SLAPPing Their Spouses and Them
The sorts of stubborn lunatics we've been dealing with
Moving on in Techrights, Geeks Gonna Geek
In the coming weeks we plan to focus (as we explained last week) on patents, GNU/Linux issues, and the occasional philosophical essays
Slopwatch: Google News Has Lost the Plot
Almost the majority of articles returned for "Linux" are fakes
Links 31/07/2025: Australia Restricts YouTube Access, Personal Privacy at Risk
Links for the day
Links 31/07/2025: Spotify Collapses and Spotify Now Forcing Some Users to Undergo Face-Scanning
Links for the day
A Lot of Supposedly "Successful" Businesses Are Just Debt-Racking Vessels Without Any Prospects of Financial Sustainability
The probability of bankruptcy of any business is more than 0%
theregister.com: The Voice of Microsoft US?
It basically sold out
Yes, You Can Love and Adore Things Whilst Also Criticising Them
Is society being divided and groomed/primed to be resistant to constructive criticism?
Links 31/07/2025: War in Ukraine, Security News, and Cyberattacks Against Journalists on the Rise
Links for the day
Gemini Links 31/07/2025: Fake Money and Gemini Diaries
Links for the day
An Illusion and Cult Worship of Magnitude (Ubiquity as "Victory")
GNU has been around for over 40 years and it'll likely continue to exist for another 40 (in some form)
Google: From Pointing to Relevant Sites to Pointing to Social Control Media to Actually Parroting Social Control Media as "Facts"
Google has become a misinformation company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 30, 2025
IRC logs for Wednesday, July 30, 2025