Bonum Certa Men Certa

Conflict at the European Patent Office: Battistelli gets away with a slap on the wrist

Original: "Konflikt im Europäischen Patentamt: Blaues Auge für Battistelli"




Conflict at the European Patent Office: Battistelli gets away with a slap on the wrist

Benoît Battistelli remains in office for now. However, the Administrative Council of the European Patent Office [sic] has set the President clear guidelines for his future management of the office. This is according to a communiqué which was published yesterday. The supervisory body admitted publicly for the first time that there is deep conflict between President Battistelli and the unions, and it called on both sides to seek an amicable solution.



Battistelli_Benoît

Benoît Battistelli



Battistelli is in bitter conflict with the trade union SUEPO. He is responsible for four controversial disciplinary proceedings against three trade unionists and one Irish judge. The Office is also grappling with structural reform for greater independence of its legal tribunals, the Boards of Appeal.

The two-day meeting of the 38 members states of the European Patent Organisation ended yesterday. In the run-up to the meeting it had been publicly speculated that Battistelli would resign, after the executive committee of the Administrative Council had internally stepped up the pressure on Battstelli. German and Dutch newspapers reported that it was only a matter of deciding the size of his golden handshake. By contrast, JUVE had learned from influential delegates that the Administrative Council intended to make one more attempt at finding a peaceful solution, but under clearly-defined conditions, as has now been confirmed.

Both sides put on notice

"The resolution places an obligation on the President and makes clear that he is responsible for restoring a climate of peace in the EPO" said Dr. Philip Scholz, Speaker of the Federal Ministry of Justice and for Consumer Protection, referring to these events. However, according to the resolution, it was not only Battistelli who was under such an obligation, but also his arch-enemy, the main union SUEPO. There had been no real dialogue between the parties in recent times. The conflict had come to a head when Battistelli suspended three union leaders, including Elisabeth Hardon, who is from the Netherlands.

Now the EPO States demand that the President reach an agreement with the unions, without preconditions or exclusions. The unions have consistently demanded that the investigations against the union leaders be called off before they would enter into any agreement. The Administrative Council addressed the public criticism of these proceedings, and in particular the criticism of the methods employed by the internal Investigation Unit, and it required Battistelli to "ensure that the disciplinary measures and proceedings are not only fair, but are also seen to be fair". JUVE understands that the President was told to submit the procedures, arbitration and mediation to external review. This proposal then appeared in a rather watered-down form in the Administrative Council's communiqué.

The Administrative Council explicitly asked the President to come up with proposals for improving the procedures and for keeping the Administrative Council appropriately informed of disciplinary cases. This includes revising the Staff Regulations and Investigation Guidelines.

Battistelli said to JUVE: "On the Office's side, we will start with the requested revision of the internal Investigation Guidelines and disciplinary procedure. In parallel, a consultancy firm will launch a study, with the participation of the Staff Representation, of the reforms which have been introduced in recent years. We would like to discuss the results of this study at a conference in autumn, together with the Staff Representation, the EPO unions, the member states and other interested groups."

The Administrative Council also gave a clear message to the unions. They should work constructively and quickly with the Office management, without preconditions, towards an agreement. SUEPO is still discussing its response to the latest events, and was not available to give an official statement. However, sources close to SUEPO were suggesting that the proposal to engage an external mediator in disciplinary proceedings may provide an opportunity for progress.

Reform of the Boards of Appeal should be accelerated

The structural reform of the Boards of Appeal should now also be pushed forwards quickly. The EPO's internal tribunal decides on the legality of patent grants. However, it has recently been demonstrated that it is not sufficiently independent from the Office. Battistelli must now present the Administrative Council with new reform proposals by June, taking into account five guiding requirements which the Administrative Council set out in December, as well as the results of a legal appraisal carried out by Prof. Dan Sarooshis. The reform should then be implemented quickly.

The Administrative Council meeting also resulted in the nomination of two new Boards of Appeal Chairmen and four further members of the Boards of Appeal, as well as an external member of the Enlarged Board of Appeal. These positions had been vacant for sometime. In addition, Jesper Kongstad was confirmed as Chairman of the Administrative Council for a further three years from July 2016. (Christina Schulze, Mathieu Klos)

 

Comments

Recent Techrights' Posts

Recruiters Don't Use Microsoft LinkedIn, Spammers Use LinkedIn
One of my best friends, a university professor, lost all of his life's savings due to Microsoft LinkedIn
You've Only Wasted Your Life in Social Control Networks
In a sense, social control media is a giant delusion
2025 Was a Very Bad Year for Social Control Media
statCounter sees a gradual demise in Social Control Media access
Don't "Go Paperless", Go Paperful [sic] (for What Really Matters)
Why should we favour paper use sometimes? Well, many reasons.
The Slop Industry is Failing So Badly (Mountains of Debt, Losses) That It's Merging With the SPAM Industry
we reckon that Google will eventually delist all slopfarms, recognising they're just a form of SPAM
IBM Starts 2026 a Much Smaller Company (Not Homage to Gerstner)
People who get bluewashed out of their job (or bluewashed into unemployment) are gagged by NDAs
Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
 
Fiji: GNU/Linux Has Risen From Almost Nothing to Almost 5% in Recent Years
It's not as small as people are led to believe
Gemini Links 31/12/2025: Blogosphere is Growing and New Year Begins
Links for the day
Complexity Considered Harmful: We Used to Run an Operating System on 64KB of RAM, Not 64GB of RAM (a Million Times More)
"Initially confined to single-tasking on 8-bit processors and no more than 64 kilobytes of memory"
Links 31/12/2025: Cheeto Pushing for More Wars, ‘Security is a Shared Responsibility’
Links for the day
Enshittification of Postal Services Isn't Technological Advancement
Societies that say the aim is to "go digital" and eliminate paper trail aren't advanced; they're moving backwards
XBox is Likely Dead Already, But the Threat It Posed to Us All for Two Decades Isn't Over
"the Xbox was never about gaming and merely served as a test bed for DRM in commodity systems."
Ahead of 2026 Mass Layoffs at Microsoft the Tree Gets Shaken to See Who 'Falls' (Resigns/Retires)
"We had a quiet meeting last week about budget realignment. No one said layoffs, but it’s clear where the focus is shifting."
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day