Bonum Certa Men Certa

Battistelli's Vision of UPC is Closer Contract With Major Applicants (Abroad), Contrary to European Interests

Who is this man kidding anyway?

Benoît Battistelli quote



Summary: Benoît Battistelli's EPO is adopting an imperialistic approach that would allow foreign companies such as Microsoft and Apple to issue Europe-wide injunctions, claim more in 'damages', pressure for higher 'royalties', and so on (but it's all for EU-based SMEs, honest!)

THE EPO does not surprise us when it openly lobbies for UPC. Just over an hour ago the EPO published this self-promotional (for management, not examiners or boards) nonsense. (warning: link to epo.org)



WIPR already has some coverage which says nothing special or new; it presents little except only one side's views. Battistelli is parroted and views are also offered from "Graham Burnett-Hall, partner at Marks & Clerk, a firm of patent and trademark attorneys" (conspicuously absent is a public interest group or an outsider's representative).

"What's amazing here isn't that the EPO lobbies for the UPC but that the public is kept totally in the dark and the EPO gets away with it."As expected, patent maximalists and patent lawyers like IP Magazine are happy about the UPC (a tax on everything in Europe, including more lawsuits and injunctions). They call this "[a] 'Hugely significant’ occasion for EU #patent system after preparations for the unitary patent completed" (UPC is a case of fast-tracking things before the public even gets the chance to vote).

UPC ties into ever broader things like TPP and TTIP. It's a sort of globalism poorly implemented so as to punish the poor and benefit only those who are already rich and still getting richer, by redesign of laws to annul their tax, impede their competition, give their corporations sovereignty over government etc.

What's truly amazing here isn't that the EPO lobbies for the UPC (we have seen that for quite a while and reported it on occasions) but that the public is kept totally in the dark and the EPO gets away with it. It's as though Europe is occupied and oppressed by a group of people. This isn't a functioning democracy. 'Patent' offices that lobby aren't really patent offices but an entirely different kind of monster. On social media I've joked earlier on: "What is this lobbying firm called EPO? Oh, wait, it's not a lobbying firm per se. It's the European Private Office. A 'public' service..."

We hope that even existing staff of the EPO can see why this is plainly unrest and morally wrong. The EPO isn't supposed to decide how Europe is run; instead it should be the public deciding how Europe is run and how the EPO is run, under the control of European politicians; everything is in reverse right now, so the tail is effectively wagging the dog.

"Look what a mess has been left here. Battistelli fights everyone and everyone now fights back against him."Earlier today we showed that even well-known European patent lawyers were getting fed up with Battistelli. Well, the European Patent Lawyers Association (EPLAW), which previously expressed concerns about Benoît Battistelli's EPO [1, 2] and even cited Techrights for support, now speaks of the "Structural Reform of the Boards of Appeal". Guess whose side EPLAW it taking. The following statement is self explanatory: "Before the meeting of the AC in which the President’s proposal will be discussed in the course of this week, the Association of the Members of the Boards of Appeal (AMBA) raises its voice and makes even more critical comments. According to AMBA, the new proposals manifestly take no account of AMBA’s submissions, despite assurances that they would be reflected in any proposal. Furthermore, they take no account of the comments of the AC members in the Council meeting of March, or of the user survey results; rather it misrepresents them. All the changes are said to be detrimental to both actual and perceived independence. Instead they place considerably more power in the hands of the President of the Office."

Look what a mess has been left here. Battistelli fights everyone and everyone now fights back against him. This is very poor leadership and any remnant of reputation that the EPO gained for several decades is being lost in just a couple of years. Earlier this evening the FFII's Benjamin Henrion wrote: "Well EPO is not responsible in front of a court, so there is no procedure if the EPO does not work. That's why it needs to be dissolved, or reintegrated in other democratic structures."

Looking at Henrion's old site, Digital Majority, we find this old news pick saying that the "EPO staff blame Admin Council for EPO woes". To quote what was there at the time:

Last week a dramatic EPO document fell into our hands. "Governance of the EPO: a Staff Perspective" documents internal conflicts in the EPO, staff versus management, in which the Administrative Council (AC) and President have almost totally lost the confidence of the EPO staff. In 2004, just 8% of staff expressed trust in the AC, and 28% in the President. In 2006 this figure had fallen to 4% and 7%.

The report - written by staff representatives - avoids criticism of the President, and focuses its ire on the Administrative Council, citing the conflict between national and personal interests, and those of the EPO.



Looking at a related site for a submission of the EPO representative on the Commission's ICT Task Force report we have:

Raise awareness of the patent system among SMEs: The EPO may develop a project which aims at increasing the understanding and the use of IP by SMEs. The main concept entitled "train the trainers" is to provide trainings for specific target groups in the field of protection and exploitation of IP and IP management, with the main focus given on patenting. The relay done by the staff already working in direct contact with SMEs will ensure multiplier effects of the training given and SMEs will be expected as final recipients.



Well, we now know, thanks to a large degree to leaks (from several simultaneous sources), that the EPO does not give a damn about European SMEs. It cares neither about Europe nor SMEs as it now gives priority to foreign giants (hence the correction of Battistelli's new statements at the top). This is what happens when the EPO is operated outside democratic controls. A serious overhaul is well overdue; the UPC isn't it. The UPC is further escalation in the wrong direction. We fear that some people inside the EPO still believe what the EPO's management tells them about the UPC (or what patent lawyers tell them). Does anyone still believe the EPO's management?

Recent Techrights' Posts

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026