Bonum Certa Men Certa

New Leak: Battistelli's Circle, Now Fighting for Survival, Circulates a Letter (and Why Some at the EPO Believe It's a Form of Blackmail)

Summary: Another new leak regarding the emperor's last stand, as the upcoming Administrative Council meeting (in March) may reveal, for the first time ever, a Chairman (Jesper Kongstad) who has lost trust in Battistelli, the President of the Office

THE EPO is in a state of disarray and the lunatic dictator acts accordingly, aided by his increasingly-notorious circle of dictators whose livelihood depends on their chief dictator. This afternoon we urgently published a leak that we had gotten from 3 independent sources. The following article serves to reaffirm the authenticity of some things we got from many other sources, so it's definitely not likely to have been faked or manipulated (we compared the sources to ascertain accuracy).



On a more personal note, my wife's flu is meanwhile passing/progressing to me as well, just ahead of a very busy day (of reporting on EPO matters). It's really quite a personal struggle (it's 2 AM now), but nothing compared to the abuse some staff representatives at the EPO have been subjected to.

One source of ours said about the last post that s/he "got a copy of this document that ha[d] been circulating about lately. Source unknown, thus: authenticity not guaranteed. It could originate from any of the 38 delegations.

"Kongstad looks as if he is distancing himself from his old accomplice Battistelli, and positioning himself for the postbellum period.

"The last paragraph of the draft resolution is a hint that Battistelli -- or the future EPOrg president -- could be made much more accountable to the AC [Administrative Council], and his actions would be more narrowly controlled. But then the AC members (and the governments who send them) would have to come up with actual, visible, policies for the Patent Office.

"If there is any truth to the rumour that Battistelli intends to walk away with "his" loot no matter what, then he undoubtedly possesses some means of leverage over JK [Jesper Kongstad]. Remember, JK and Battistelli "negotiated" together the President's secret employment contract, with its perks, bonuses and all."

Glyn Moody was especially astonished by the part which said: "Unfortunately, we have not been able to engage in a meaningful dialogue with the President" (from the leak we published).

One anonymous comment said to us earlier today that "BB [Battistelli] and his supporters have prepared a ridiculous letter in support of the management and against the above draft letter/decision. The letter denies the existence of a social conflict and states a support for the course of action taken by BB. The President is clearly blackmailing the managers and so many directors are facing a dilemma: sign it or not? They know that if BB survives they will have a hard life. I hope you’ll receive copy of it and that you’ll post it here. It will show the extent of madness of the EPO high management. No letter will help BB. He’s bound to fall soon."

Well, we got the letter from several sources, not only one, and both of the below examples are in agreement (formatting and typo variations only). It's definitely authentic, there's no prank here. Here it is (version 1):

Letter to the Administrative Council of the European Patent Organisation

From: the management of the EPO

We have been made aware of a draft decision some delegations intend to present to the next March 2016 Administrative Council session.

We would like to share with you our concerns. We take this exceptional step as this is commensurate to the seriousness of the consequences of the draft resolution, if adopted.

Firstly, we would like to point out that we are committed to the mission and goals of the Organisation. To that respect, we have supported and implemented the reforms and new policies stemming from the 5 roadmaps unanimously adopted by the AC in 2011 and 2014. These reforms have already borne fruit and the Organisation is now healthier than ever and is equipped to deliver first class services (Unitary patent, quality, timeliness...) At the same time the reforms have increased the long term sustainability of the Organisation, while maintaining a very attractive package and excellent working conditions for its staff. This healthy situation benefits directly the European economy, the Member States, and EPO's staff.

Concerns from the staff occur in all countries and Organisations in period of substantial transformation. Despite this, the staff is currently highly performing and committed to the mission and goals of the Organisation.

We are aware that Officials of the EPO are being put directly or indirectly under pressure. The Office and more and more of its officials at all levels of the hierarchy including elected staff representatives have been and are subject to defamation campaigns internally and externally, personal threats and harassment.

In that respect it is the Office's duty of care to address the situation and proceed under the EPO's regulatory framework, to establish the facts and when needed, engage in disciplinary procedures. The respondents have regulatory means of redress including the request to a review of the decisions.

Under the current circumstances we urge you to consider that the proposal submitted to the AC will undermine the position of all managers to successfully pursue the changes initiated in the road maps as decided in the Administrative Council and will create unfortunate precedents which will jeopardize seriously the management of the Organisation and its capacity to ensure its operations effectively now and in the future.

We fully support the Organisation's mission and its fundamental values. Therefore we urge the Administration Council, before taking any decision on the matter to give careful consideration to this letter: - to remain firm on ethics and not tolerate misconduct; - to focus on the great achievements and improve the positive image of the Organisation; - to endorse the on-going initiatives of the Office in the social dialogue (recognition of unions, social study, current review of regulations, social conference).

We are convinced that the implementation of the reforms is a solid basis for a solid EPO fit for the future.


Formatting is the source's own. Another person separately got hold of the original. "I was in the process of sending you the text which VP1 (Willy Minnoye) wanted his subordinate directors to "voluntarily" endorse when the scoop came out at IPkat. At least you'll have the full version, in case it hasn't already reached you through a dozen other correspondents."

Well, that's an overestimate of how many people sent the letter to us, but here's the cleaned-up OCR version of the same document (version 2 of n):

Letter to the Administrative Council of the European Patent Organisation

From: the management of the EPO

We have been made aware of a draft decision some delegations intend to present to the next March 2016 Administrative Council session

We would like to share with you our concerns. We take this exceptional step as this is commensurate to the seriousness of the consequences of the draft resolution, if adopted.

Firstly, we would like to point out that we are committed to the mission and goals of the Organisation. To that respect, we have supported and implemented the reforms and new policies stemming from the 5 roadmaps unanimously adopted by the AC in 2011 and 2014. These reforms have already borne fruit and the Organisation is now healthier than ever and is equipped to deliver first class services (Unitary patent, quality, timeliness...). At the same time the reforms have increased the long term sustainability of the Organisation, while maintaining s very attractive package and excellent working conditions for its staff. This healthy situation benefits d,rectiy the European economy, the Member States, and EPO's staff.

Concerns from the staff occur in all countries and Organisations in period of substantial transformation. Despite this, the staff is currently highly performina and committed to the mission and goals of the Organisation.

We are aware that Officials of the EPO are being put directly or indirectly under pressure. The Office and more and more of its officials at all levels of the hierarchy including elected staff representatives have been and are subject to defamation campaigns internally and externally, personal threats and harassment.

In that respect it is the Office's duty of care to address the situation and proceed under the EPO’s regulatory framework, to establish the facts and when needed, engage in disciplinary procedures. The respondents have regulatory means of redress including the request to a review of the decisions.

Under the current circumstances, we urge you to consider that the proposa1 submitted to the AC will undermine the position of all managers to successfully pursue the changes initiated in the road maps as decided in the Administrative Council and will create unfortunate precedents which will jeopardize seriously the management of the Organisation and its capacity to ensure its operations effectively now and in the future.

We fully support the Organisation's mission and its fundamental values Therefore we urge the Administrative Council, before taking any decision on the matter to give careful consideration to this letter:

- to remain firm on ethics and not tolerate misconduct

- to focus on the great achievements and improve the positive image of the Organisation

- to endorse the on-going initiatives of the Office in the social dialogue (recognition of unions, social study, current review of regulations social conference).

We are convinced that the implementation of the reforms is a solid base for a strong EPO fit for the future.


Imagine what would happen to staff that refused to sign this letter. IP Kat is meanwhile deleting comments as if there's suddenly some fear of a lawsuit over the content of comments (we were told by some people about IP Kat's censorship for a while now) and here is the latest from Merpel, who wrote in the third person's narrative: "Merpel has been receiving a stream of rumour and hearsay since last week, indicating a serious bust-up between EPO President Benoit Battistelli and the members of Board 28 (the sub-group that runs the business of the Administrative Council). Notably, Mr Battistelli has apparently lost the crucial support of Mr Jesper Kongstad, the Chair of the Administrative Council, who had until now been one of Battistelli’s key defenders. The final meeting allegedly culminated in an ultimatum to Mr Battistelli to which he allegedly responded by walking out of the meeting.

"Merpel has been slow to pass on these reports as she prefers to report verified facts and not mere unsubstantiated rumour. As a result much of the comment moderation over the last week on this site has involved repeatedly deleting well-intended reports of what the latest whispers around the EPO were saying – deletions which Merpel justifies on the basis that the whispers were not always in agreement and were rarely substantiated.

"Merpel has however received from several sources, some of which are normally reliable, the text of a letter attributed to Mr Kongstad and addressed to the AC delegates. This draft letter is accompanied by a draft resolution for the AC to sign off on at its meeting in March. Merpel strongly suspects that the text which is being passed around the EPO is not the final draft that will be (or has been) sent by Mr Kongstad, but the gist of the communication is clear nonetheless."

So far, the main false rumour that we have come across relates to Bergot. The rest turned out to be accurate.

To quote further from Merpel:

In what appears to be a sign that Mr Battistelli is not going to bend the knee without some resistance, a remarkable letter has been drafted by those most loyal to Mr Battistelli addressed to the AC “from the management of the EPO”. This letter has, Merpel understands, been presented to EPO managers and directors for their signature – purely voluntarily, you understand.

The letter is drafted as an attempt to persuade the AC to vote against the resolution drafted by Board 28. While it studiously avoids mentioning Mr Battistelli it urges the AC to support “the Office” and to vote against the proposals of Board 28.

This letter of support says (and Merpel doesn’t joke about such matters) that the Organisation is “healthier than ever”. It warns that the proposal drafted by Mr Kongstad will undermine all EPO managers and will jeopardize the reforms that are underway. The AC should, according to this letter, focus on the Office’s “great achievements” and endorse the Office’s social dialogue, not criticise and undermine it.

Merpel does not yet know how many managers have signed the letter, or what the implications might be for either agreeing or declining to sign it. She will keep readers updated when significant developments occur.

[...]

Given the unprecedented implications of these developments, and the fact that feelings are running extraordinarily high, Merpel has decided at least for now to disable the comments facility on this post and she will be disallowing comments on other posts that address these developments. If readers have any concrete and verifiable further news to share, please email merpel.mckitten@gmail.com.


It's only getting worse. First there was a ban on totally anonymous comments and now this? Is the EPO sending some E-mails to IP Kat?

Now that IP Kat rejects comments about the EPO (except when it comes to the UPC), we wish to remind readers how to get in contact with us securely. We wouldn't trust GMail for anything as the EPO works closely with Google -- not just on translations -- and the EPO's I.U. claims to have already intercepted several communications (not ours but Florian Müller's) that relied on GMail (the exact circumstances are not known as documents we have seen and publicly shared don't specify the methods).

Noteworthy is the comment above about why this letter puts enormous pressure on people to obey the tyrant and pretend to support him (even while wishing he'd be fired). Whoever signs this letter, well... the Administrative Council and its Chairman (Jesper Kongstad) should feel free to disregard/dismiss them, as they are obviously signing under pressure (compelled to endorse or risk one's job). It's like a Crimean election.

Comments

Recent Techrights' Posts

European Patent Office (EPO) Series: Photo-Ops Galore and Suspicions of Influence-Peddling
coverage of the EPO's Croatian junket
Pushing to the Top
Publishing is about exposing corruption
How Long Can a Company Delay Its Financial Report That Likely Confirms Exodus of Staff, Growing Debt, and Other Problems?
Brett Wilson LLP was meant to release its annual report some time early this month
European Patent Office (EPO) Series: Networking With the National Delegates
António Campinos with a prime opportunity to network with the Administrative Council delegates and lobby for his reappointment
 
Sirius Open Source's Latest Report: Fake (False) Number of Staff, Almost No Money in the Bank, Overdraft, and Growing Debt (About £100,000 More Borrowed)
massive (and still growing) debt
Links 30/06/2026: What's Wrong With EU Age Verification, RSA Keys with Many Zeros
Links for the day
This is Not a Security, This is a Circus
Security does not mean "asked Microsoft for permission"
Communities Need Strong Leadership, Not Dictators Like IBM
Leadership in Free software is not ownership [...] Fedora will only last as long as IBM can somehow make some money out of it or leverage it to attract sharecropping
Patents Are Not "Cash Cows"
People who deliberately don't understand patents (or believe lies about them) will fail to understand how the world works (or does not work)
Sad Lives of People Who Think Women Are Just Sexual Toys (All They Have is Money)
money is still a man-made concept and life is finite
SLAPP Censorship - Part 123 Out of 200: Why Violence Against Animals Matters
Starting tomorrow (Wednesday) we'll begin telling stories about what happened last week
EPO Staff Union's (SUEPO) The Hague Committee, With Help of Lawyer, Challenges Lack of Rewards for Hard Work
The EPO is not about granting valid patents anymore. The horse-trading corrupt officials just see the EPO as some thing that "prints money"
Massive EPO Demonstration Today
It'll start in about 6 hours
More Layoffs in Microsoft's PR Department, Even Ahead of 'D-Day'
Notice they are not even waiting for the official date (nor week)
Gemini Links 30/06/2026: Music and Broken Hearts
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 29, 2026
IRC logs for Monday, June 29, 2026
Gemini Links 29/06/2026: Using More of GPLv3+ and Merits of Security by TOFU
Links for the day
Links 29/06/2026: Lemote Yeeloong Laptop With OpenBSD, Slop Ruins Code/Development
Links for the day
Antisocial People With No Computer Science Background Are Ruining the Technology Space (Like Officials With No Experience in Patents Destroyed the EPO)
This is a real issue; it needs to be widely recognised and tackled
DDoS Attacks Are a Crime and They Only Increase Interest (Intrigue) in Their Target
Information cannot be DDoSed out of reach/existence, except temporarily
Whistleblowing and Retaliation by Microsoft Workers Against Microsoft Seems Increasingly Likely
some will go to the press, looking to expose some shenanigans
SLAPP Censorship - Part 122 Out of 200: Garrett's Solicitors Confirm That Garrett is Ban-Evading and Spying on Our IRC Network
his solicitors basically acknowledge this
PIPs and "Retirements": IBM Layoffs in Anything But Name
That former Red Hat (now IBM) staff threatens to put my wife and I in prison is worse than cruel
Contact Members of the EPO Administrative Council, Tell Them the EPO (Office) Became a Disgrace and an Enemy of Europe's Citizens
If you live in Europe (not just the EU, even Turkey is included), please contact your delegates
The World Needs GNU/Linux for Security, Turn Off "Secure Boot" (It's the Opposite of Security)
They call it "Secure Boot", but what does it mean to say "Secure" when you actively opt for back doors controlled by Microsoft, the FBI, and many more parties?
In Signal of Weakness or Phasing Out XBox (Not Sustainable, According to the CEO) Microsoft "Pauses New Third-Party Game Pass Deals"
Moments ago
Two Pieces About "AI" This Morning Were Paid-For SPAM at The Register MS
The Register MS is the "Tech News" publisher you can pay to promote your company and even key-word-stuff pages for SEO purposes
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
IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
'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
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
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
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
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