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

Dispelling the Notion That Microsoft is Political Left
Microsoft not only got bailed out (several times) by Donald Trump but also approached him to take over TikTok without paying for it
Slow But Ongoing Mass Layoffs at EPO, Estimates That Nearly Half of the FOs Will be Made Redundant Soon
When you cease to care about validity and quality of patents you're granting why bother with humans at all?
[Video] Richard Stallman's New Talk in Germany Covers What Free Software Means, Why LLMs are "Bullshit", and Lots More (Web3 Summit 2024 Berlin)
Closing Keynote Day 3 - Dr. Richard Stallman - Web3 Summit 2024 Berlin
The Peril of the Electronic Frontier Foundation (EFF) Illuminates the Dangers of Founders Leaving or Being Forced Out
Whatever you may think they stand for, you risk being fixated on what they originally were and perhaps what their Web sites still say
Difficult Times at Soylent News
We hope that Soylent News will recover from this
Crimes of the EPO Are Costing Everybody in Europe
Since virtually everyone in Europe is a user of software (almost nobody is a forest dweller like in countries near the equator), this impacts everybody
 
Certificate Authority Let's Encrypt Has Fallen From 12% in Geminispace to Just 1.2% in Two Years (Capsules Usually Self-Sign Their Certificates)
Don't ask the imposters about security
The "IT Industry" is Full of Imposters (It's a Growing Crisis)
They often manage the companies
Richard Stallman Explains Stochastic Parrots (LLMs)
From his latest talk
The Toys of Today's Kids and Coordination Woes, Not to Mention a Lack of Social Skills
Too much time indoors, too much screen time
Linus Torvalds, the Son of a Politician, Tries to Stay Out of Politics (or Political Topics)
"I'm just a geek" has its limits in practice
Richard Stallman Still Deals With Politics
Stallman's gonna Stallman
GAFAM Not Invincible
The US has an election very soon and Microsoft is already bribing candidates for deregulation and favours, based on press reports
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 10, 2024
IRC logs for Tuesday, September 10, 2024
The Greatest Show on Earth (Buzzwords Circus)
What next? Being denied medical service because you don't have a Facebook account?
Gemini Links 11/09/2024: Happiness, Improvised Nebuliser, and olden Age of Palm OS
Links for the day
Julian Assange's Father Turns 80 and They Show Themselves in Melbourne
Will he be active in Wikileaks soon?
[Teaser] EPO Tightening Its Belt
who didn't see this coming?
Are Lawsuits Over EPO Corruption Next?
Why does the mainstream media not cover it?
Europe's Second Largest Institution, the EPO, Exploits Lack of Oversight to Commit Crimes Every Day
Immunity begets impunity, which in turn begets crime
Transcript of Latest Public Talk by Dr. Richard M. Stallman (RMS), Delivered Last Month at Web3 Summit 2024 Berlin
quick-and-dirty transcription
Links 10/09/2024: Big Brother Awards Germany 2024 and Telling the Unemployed to 'Drive Uber'
Links for the day
Gemini Links 10/09/2024: DUIs and Useless Analytics
Links for the day
New Article in redhat.com: How to Install Microsoft Windows
That's just about as bad as that sounds...
OSI's Blog is Still 100% Microsoft-Sponsored Attacks on Free/Open Source Software
OSI is a compromised, defunct body. It exists to serve the enemies of its original mission.
A Decade Ago Things Became So Bad at the European Patent Office (EPO) That Staff Jumped Out the Window During Working Hours
Colleagues saw the suicide; the EPO's response wasn't to tackle the causes but to bolt down the windows (like factories in China installing controversial 'suicide nets')
Red Hat is Suing to Protect From Patent Trolls
Why doesn't Red Hat (IBM) also lobby to eliminate all software patents once and for all?
COVID-19 Ushered in Attacks on Human Rights and Things They Said They Had Introduced Temporarily Are Still in Effect/Operation Today
COVID-19 changed a lot of things
Quitting Academia When Its IT Systems Are Dominated by Clowns Who Outsource
It seems like a common trajectory
Why the Free Software Foundation (FSF) Owning or Renting Office Space Mattered
"In the long term, the FSF needs to own its future office space, but then the deadly risk is that the property ownership becomes the end goal rather than software freedom."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 09, 2024
IRC logs for Monday, September 09, 2024
Free Software Foundation (FSF) Probably Has No Choice But to Shut Down Its Office
Net Income -$686,366
Nearly Two Years After Quitting My Job
My colleagues and I were bullied by managers (grievance complaint got filed) who didn't even know what "Linux" was
Terms of Service (TOS) Under Scrutiny - Part XVIII - In Conclusion
Many activities can be done offline without having to sign anything
Modern spyware and the problems of "Discord newspeak"
The history of modern instant messaging...
Links 09/09/2024: More Trash Balloons and Collapse of Real Estate Market in China
Links for the day
Gemini Links 09/09/2024: ROOPHLOCH and More
Links for the day
Wrong Priorities at IBM
Lavish spendings on a 16-year contract for the most expensive place while firing tens of thousands of staff
Links 09/09/2024: LLMs Manipulated to Lie, More Corruption Found in COVID-19 Contracts
Links for the day
The Best Interface is Outdoors, It's Nature!
Not everything should be replaced by or emulated by digital devices
Terms of Service (TOS) Under Scrutiny - Part XVII - A Personal Perspective
The bottom line is, it's possible to reduce (albeit not entirely eliminate) how many things one signs, presses "OK" on and so on
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 08, 2024
IRC logs for Sunday, September 08, 2024
Always Taking Things Up a Notch
Nothing will stop us
[Meme] EPO Keeps Masking Its Corruption With "Diversity and Inclusion" (Hiring the Wife of a Friend of Someone Who Bribed His Way Into EPO Presidency)
chain of nepotism
Very Large EPO Applicants Now Threaten a Boycott of the EPO (the EPO Management is Trying to Bribe Them to Change Their Plans/Minds While Hiding It From Staff)
If corruption prevails to this extent, it will have severe international effect
Gemini Links 09/09/2024: Gemini Application Developer Guide and ROOPHLOCH 2024
Links for the day
Links 09/09/2024: 'Dieselgate' Criminal Trial Starts Late, Mass Layoffs at Volkswagen
Links for the da