Bonum Certa Men Certa

Translation of the Latest Communiqué About the Administrative Council, No Longer Published by 'President'

Damage control



Summary: A dissection and annotation of the communiqué from 'President's office', which took a rather hostile (compared to previous) Council's stance and turned it into a shameless self-promotion opportunity

THE EPO is trying to lull the staff into the illusion that everything is great (and improving) at the EPO. The reality is pretty grim and things are getting worse.



"For something which Junge Welt or its big sister Neues Deutschland could have printed," said one of our readers, "have a look at the internal EPO communiqué issued after the AC meeting. There were over the week-end a few comments on IPkat referring to that masterpiece.

"Maybe Mr. President is 'pulling a Merpel' and refers himself as a third person now.""The last line with the time and date of the communiqué is missing, but I'm told that it was issued this time by "President's office" instead of the "President" as is usually the case and that it was issued Friday."

Maybe Mr. President is 'pulling a Merpel' and refers himself as a third person now. We don't know if that's significant, but it does seem to suggest a change of narrative, as if the word "Battistelli" is now actively avoided and rather than present the words as its own it's just others alluding to "the President".

At Techrights we more or less know everything that happened at the meetings. Last week did a lot of coverage before, throughout, and after the Administrative Council sessions.

The official announcement from Battistelli's side (with our comments on them) was as follows:

Home->Organisation->News->2015

News from the Administrative Council



The 146th AC meeting was held on the 16 and 17 December in Munich

The President of the Office presented his report summarising the activities and results of 2015, underlining in particular the increase in production, productivity, quality and the successful implementation of the new career system.


Why say "production, productivity" when both mean pretty much the same thing? Besides, how does one measure "production" when it comes to the granting of patents? It's an intangible monopoly. As we noted here a few months ago, using factory or assembly line terminology does not help. It may, in practice, serve to discredit the Office. If production means number of patents granted/processed (as is the case in the USPTO where there is an incentive to grants patent and it shows), then what does that really mean? Lower standards and poorer quality control? How can production be compared year-to-year when new domains are considered patentable, e.g. patents on plants? Or when there is an acceleration programme for large companies that submit applications in bulk?

Mr. President (well, now referring to himself as a third person for a change, because the "me/I/mine" narcissism isn't PR-smart, now it's "President's office") also uses the word "quality". Well, try telling European Parliament, which is openly complaining [1, 2], that opening the floodgates to patenting of seeds means increased "quality".

What Mr. President brought to the EPO is neither production [sic] nor quality. He doesn't even seem to know that Apple's EPO patents turned out to be bogus patents.

Mr. President offered nothing but declining quality, broadening scope, and increased (artificially) numbers, proportional to the two former aspects (inversely proportional to quality and proportional to scope).

Rather than say "production, productivity, quality" why not just say something like "paging through more distinct applications (like in a paper factory), increasing the variety of papers on one's desk"? It doesn't help, does it? It only assures lower quality production [sic] with a higher error rates. It isn't even a case of multitasking or peer review; it's just a case of working under increased pressure to meet (or beat) targets irrespective of accuracy. The EPO is going to pay the price each time a patent that it granted is found invalid during court proceedings.

What Mr. President refers to as "successful implementation of the new career system" is quite laughable given what we've learned from sources over the past couple of years. Notice that Mr. President does not say "successful new career system", he says "successful implementation of the new career system". Imposed, top-down implementation is what was "successful". To give an example, think of Stalin's "successful implementation of famine in Ukraine" (Holodomor).

The finalisation of all the preparatory work for the unitary patent was also highlighted as a landmark achievement, after decades of discussions and negotiations.


Not everyone agrees with us about the UPC, but we have written many dozens of articles on this subject (readers can find such articles going many years back). Who does the unitary patent really serve? It would make a lot of people all across Europe redundant (the boards are rightly worried) while making it easier for large multinational companies such as Apple to embargo rival products (mostly Android) Europe-wide, in one fell swoop. UPC means more litigation with broader scope for injunctions and higher damages. It also paves the way to cross-Atlantic (or Pacific) unifications that can, in due course, augment patent scope, thus making patent quality even poorer.

If UPC is as great as the EPO's management repeatedly claims (even threating its critics), how come it needs to spend so much money on pro-UPC propaganda? Watch the reputation laundering of Battistelli in Wikipedia (there is an edits war over the criticisms, with experts involved in watering down promotional UPC language), including the part which says: "Under Battistelli's tenure, the EPO has played an important role in the preparatory work for the introduction of the unitary patent, which has yet to come into existence."

The President was joined by many delegations in warmly congratulating both the staff and management


See what's wrong here? A false, superficial division between "staff" and "management". It's as though there's a false dichotomy here and you can be either staff or management (but not both). Mr. President, who are you working for? Who pays your salary? Actually, what is your salary anyway? Unlike your predecessor, Brimelow (see old EPO CV), you actively refuse to disclose your salary. So much for transparency...

who can be proud of the exceptional results obtained in many fields over the year.


Result? 3 staff representatives suspended. As well as one judge. Not to mention the brain drain...

These are the outcome (or result) of Mr. President's pure genius. He battles against staff rather than cooperate and coexist. Typical of people from his school.

On the social situation, the different stakeholders were asked to reinforce their efforts to improve the social dialogue. In this regard, the finalisation of the on-going negotiations about the recognition of trade unions within EPO legal framework is seen as an important step forward.


Put in simple English, Team Battistelli was asked to stop crushing the unions (we covered this last week). It's not clear whether Team Battistelli consented to this or just saved face at the time. It often seems as though the Council is the one pushing for better "social dialogue" (a euphemism that merit its own debate), whereas Team Battistelli is backstabbling those whom it claims to engage in "social dialogue" with.

Battistelli and/or his team (referring to him as a third person) speaks about "recognition of trade unions within EPO legal framework is seen as an important step forward." Well, well...

Based on documents we saw, Team Battistelli does exactly the opposite. A lot of staff can already see this in the communiqué titled "Your Rights". The very right to join a union is being challenged while those who recruit members have come under unprecedented attacks.

Battistelli is either a two-faced liar or has successfully deluded himself into the idea that he is a tolerant social dialoguer [sic].

As is customary for the December AC session, the main item on the agenda was the presentation of EPO yearly budget. The 2016 budget, which amounts to €2.1 billion was unanimously approved by the AC.


It's more of a must-pass provision, isn't it? It's like NDAA or the Omnibus in the United States' Congress. This shouldn't be framed as some kind of mastery of negotiability.

The excellent performance in 2015 of the Office supported the proposal of the President to transfer €200 million to the pension reserve fund - without any contribution from the staff - thereby reinforcing the sustainability of the pension system.


That's complete nonsense and almost every EPO employee can explain why. It's a reused talking point which, left unchallenged, threatens to bamboozle journalists. We wrote about it quite recently, back when Battistelli was trying to appease staff one day after massive protests in Munich.

Another proposal aiming at better controlling the adequate level of reimbursement of national taxation of pensions was not supported by the AC, with some delegations expressing their opposition against the principle of the reimbursement of national taxations.


Is it widely known by now that EPO staff has salaries taxed at several levels and slashed to a lot less than publicly advertised? Are the loopholes and caveats when it comes to pension rights widely understood? Media coverage suggests not. Each time Team Battistelli is confronted with claims of serious abuses it just reverts back to the talking point about money, painting staff as greedy and EPO as generous (citing the on-paper salaries and mere promises of a pension).

The different adjustments of salary and allowances, and the new contribution rates for the pension and long-term care insurance schemes were approved by the AC. Two amendments in the Service Regulations, related to the length of mandates of the EPO’s joint statutory bodies and to the duration of the suspension from service of an employee, were also widely supported.


They omit the fact that suspension duration was extended. They just say "amendment" and lump together two separate things. Is this a coincidence? Probably just hogwash. This in itself is an attack on the unions. It's also a warning sign to any whisleblowers or accused whisleblowers.

A joint note of the President and AC Chairman presenting the features of a comprehensive social study was appreciated by the delegations. The study will be launched in 2016, in parallel with a financial study. The results of both studies, which will be commissioned to external consultancy firms, are expected to be available for summer 2016. They will help to take stock of the progress achieved so far by the Office and to define the possible ways forward.


Anything like this propaganda? Commissioned by the EPO, can it possibly show any negatives? What kind of 'study' is this? More like lipstick on the pig. Calling it "social study" (social sounds great) rather than shameless-self promotion or even marketing comes to show the degree of newspeak adopted by the EPO.

Finally, the possible orientations on a structural reform of the Boards of Appeal were deemed to need further consideration and will be addressed again in 2016.


So they're left in a limbo. Great, eh? More uncertainty is likely to just convince more members to leave, without openings being advertised for replacements. Killing them softly.

The periodical review of the financial regulations, including the new rules for the procurement process, was also adopted.


Speaking of procurement, what ever happened to all that IT budget? There is little or no supervision at the EPO. What was left of it got crushed, shut down, or co-opted. There are no independent external entities examining what's going on inside the EPO. ⬆

Recent Techrights' Posts

Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
 
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026